Town of Antrim, NH - ARTICLE XIV-B Personal Wireless Service Facility

1. PURPOSE AND INTENT: It is the express purpose of this Article to permit carriers to locate personal wireless service facilities, (PWSFs), within particular areas of the Town of Antrim, hereafter called the Town, that enhance and fulfill the following goals:

Preserve the authority of the Town to regulate and to provide for reasonable opportunity for the siting of PWSFs, by enhancing the ability of providers of PWSFs to provide such services to the community quickly, effectively and efficiently, while preserving unique viewsheds and scenic values of the Town.

Provide for PWSFs that are consistent with appropriate land use regulations that ensure compatibility with the visual and environmental features of the Town and that eliminate or mitigate the visual impacts of PWSFs. Compatibility with the visual features of the Town is measured based on the change in community scale and character in relation to the height, mass, materials, contrasts, or proportion within the surroundings of a proposed PWSF;

Reduce adverse impacts such facilities may create, including, but not limited to: impacts on environmentally sensitive areas, historically significant locations, migratory bird flight corridors, health and safety, and prosperity through protection of property values;

Provide for the review of all applications for PWSFs through an assessment of technology, current locational options, future available locations, innovative siting techniques and siting possibilities beyond the jurisdiction of the Town. The review of a PWSF application shall be on the basis of the site being built using all positions on the mount.

2. APPLICABILITY: The terms of this Article and the Site Plan Review Regulations shall apply to PWSFs proposed to be located on property owned by the Town, on privately owned property, and on property that is owned by any other governmental entity that acts in its proprietary capacity to lease such property.

Average Tree Canopy Height. An average height found by inventorying the height, at above ground level (AGL), of all trees over twenty (20) feet in height within the area that extends for a distance of one-hundred fifty feet (150) from the base of the mount, security barrier, or designated clear area for access to equipment, whichever is greatest. Trees that will be removed for construction shall NOT be used in this calculation. (Amended March 9, 2010)

f. Co-location. The use of a single mount on the ground by more than one carrier (vertical co-location), or the use of more than one mount on the same site by more than one carrier (horizontal co-location), or the use of several mounts on an existing building or structure by more than one carrier.

h. Environmental Assessment (EA). An EA is a document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a PWSF is placed in certain designated areas.

i. Equipment Shelter. An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which are housed equipment for PWSFs such as batteries and electrical equipment. Equipment shelters are sometimes referred to as base transceiver stations.

k. Fall Zone. The area on the ground from the base of a ground mounted personal wireless service facility that forms a circle with a diameter equal to twice the height of the facility, including any antennas or other appurtenances. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

p. Monopole. A thicker type of mount than a mast that is self-supporting with a single shaft of wood, steel or concrete, or other material, that is designed for the placement of antennas and arrays along the shaft.

r. Personal Wireless Service Facility (PWSF). Facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996, as amended. PWSFs include a mount, antenna, equipment shelter, and other related equipment.

s. Personal Wireless Services. The three types of services covered by this Ordinance: Commercial mobile radio services, unlicensed wireless services, and common carrier wireless exchange access services as described in the Telecommunications Act of 1996, as amended.

Location - PWSFs located in existing facilities shall be permitted in all Zoning Districts except the Rural Conservation District. Ground mounted PWSFs shall be permitted in all districts except the Rural Conservation District by Special Exception only. Applicants seeking approval for PWSFs shall first evaluate existing structures for the siting of PWSFs. Only after finding that there are no suitable existing structures pursuant to Section 4.3 herein, shall a provider propose a new ground mounted facility.

Existing Structures: Policy - PWSFs shall be located on or within existing structures, including but not limited to buildings, water towers, existing telecommunications facilities, utility poles or towers, and related facilities, provided that such installation preserves the character and integrity of those structures.

Existing Structures: Burden of Proof - The applicant shall have the burden of proving that there are no existing structures which are suitable to locate its PWSF and/or transmit or receive radio signals. To meet that burden, the applicant shall take all the following actions to the extent applicable:

The applicant shall submit to the Planning Board a list of all contacts made with owners of potential sites regarding the availability of potential space for a PWSF. Said list shall describe and identify these potential sites. If the Planning Board informs the applicant that additional existing structures may be satisfactory, the applicant shall contact the property owner(s) of those structures.

The applicant shall provide copies of all letters of inquiry made to owners of existing structures and letters of rejection. If letters of rejection are not provided, at a minimum, unanswered "Return Receipt Requested" forms from the U.S. Post Office shall be provided for each owner of existing structures that was contacted.

If the applicant claims that a structure is not capable of physically supporting a PWSF, this claim must be certified by a licensed professional civil engineer. The certification shall, at a minimum, explain the structural issues and demonstrate that the structure cannot be modified to support the PWSF without unreasonable costs. The estimated cost shall be provided to the Planning Board.

d. Ground-Mounted Facilities: Policy - If the applicant demonstrates that it is not feasible to locate on an existing structure, ground mounted PWSFs shall be designed so as to be camouflaged to the greatest extent possible, including but not limited to: use of compatible building materials and colors, screening, landscaping, and placement within trees.

Existing Tower Structures: Subject to review by the Planning Board, which review shall be limited to issues relating to access, bonding, proof of insurance, security for removal, structural integrity and appropriate camouflage of such siting, carriers may locate a PWSF on any guyed tower, lattice tower, mast, or monopole in existence prior to the adoption of this Article, or on any PWSF previously approved under the provisions of this Article so long as the co-location complies with the approved site plan. All the Performance Standards from this Article shall be met. This provision shall apply only so long as the height of the mount is not increased, carrier capacity is not increased, a security barrier already exists, and the area of the security barrier is not increased. Otherwise, site plan review is required.

Reconstruction of Existing Tower Structures: An existing guyed tower, lattice tower, monopole, or mast in existence prior to the adoption of this Article may be reconstructed with a maximum fifteen (15) foot increase in height so long as the standards of this Article are met and so long as this fifteen (15) foot increase in height does not cause a facility previously existing at less than one hundred (100) feet to exceed one hundred (100) feet in height. The mount shall be replaced with a mount of similar mass that does not increase the visual impact on the community. Site plan review is required.

Existing Structures: Subject to the provisions of this Article and minor site plan review under RSA 674:43:III and except as otherwise permitted under Section 5 (A), a PWSF may be located on an existing structure, building, utility tower or pole, or water tower. For the purpose of this section, new structures that are conforming to all other district zoning requirements shall be considered as existing structures.

Ground Mounted Facility: A ground mounted PWSF may be constructed by Special Exception from the Zoning Board of Adjustment as outlined in Article XIII, after first obtaining approval from the Planning Board and after meeting all the provisions of this article and upon completion of a full site plan review.

Height, Existing Structures and Utility Poles: Carriers that locate new PWSFs on water towers, electric transmission and distribution towers, utility poles and similar existing utility structures, guyed towers, lattice towers, masts, and monopoles may be permitted to increase the height of those structures no more than fifteen (15) feet.

Height, Other Existing Structures: The height of a PWSF shall not increase the height of a structure by more than fifteen (15) feet, unless the facility is completely camouflaged; for example a facility completely within a flagpole, steeple, or chimney. The increase in the height of the structure shall be in scale and proportion to the structure as originally configured. A carrier may locate a PWSF on a building that is legally nonconforming with respect to height, provided that the provisions of this Article are met.

Height, Ground-Mounted Facilities: Ground-mounted PWSFs shall not project higher than (20) twenty feet above the average tree canopy height of the trees located within an area defined by a (50) foot radius or perimeter of the mount, security barrier, or designated clear area for access to equipment, whichever is greatest. Refer to Section 3.3-Average Tree Canopy Height.

Setbacks: All PWSFs and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. Fences shall comply with the setback provisions of the zoning district in which the facility is located.

Fall Zone for Ground Mounts: In order to ensure public safety, the minimum distance from the base of any ground-mount of a PWSF to any property line, public road, habitable dwelling, business or institutional use, or public recreational area shall be, at a minimum, the distance equal to the fall zone, as defined in this Article. The fall zone may cross property lines, so long as the applicant secures a fall zone easement from the affected property owner(s). The area of the easement shall be shown on all applicable plans submitted to the Town, and the terms of the easement shall be provided as part of the site plan review. The Planning Board, at its discretion, may reduce or eliminate the fall zone. Fall zones for PWSFs may overlap.

Fall Zone for Non-Ground Mounts: In the event that an existing structure is proposed as a mount for a PWSF, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of pre-existing nonconforming structures, PWSFs and their equipment shelters shall not increase any non-conformity.

Visibility - The applicant is encouraged to utilize enhancements to the property and must demonstrate that every reasonable effort has been made to cause the facility to have the least possible visual impact on the Town.

Camouflage for Facilities on Existing Buildings or Structures - Roof Mounts: When a PWSF extends above the roof height of a building on which it is mounted, every effort shall be made to conceal or camouflage the facility within or behind existing or new architectural features to limit its visibility. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on the building's silhouette.

Camouflage for Facilities on Existing Buildings or Structures - Side Mounts: PWSFs which are side mounted shall blend with the existing building's architecture and the panels shall be painted or shielded with material consistent with the design features and materials of the building. All surfaces shall be non-reflective.

Camouflage for Ground-Mounted Facilities: All ground-mounted PWSFs shall be surrounded by a buffer of dense tree growth that extends continuously for a minimum distance of one hundred and fifty (150) feet from the mount, security barrier, or designated clear area for access to equipment, whichever is greatest, and screens views of the facility in all directions. These trees must be existing on the subject property, planted on site, or be within a landscape easement on an adjoining site. The Planning Board shall have the authority to decrease, relocate or alter the required buffer based on site conditions as long as such action does not deviate from the purpose and intent of this Article. The one hundred fifty (150) foot vegetative buffer area shall be protected by a landscape easement or be within the area of the applicant’s lease. The easement or lease shall specify that the trees within the buffer shall not be removed or topped, unless the trees are dead or dying and present a hazard to persons or property.

Color - To the extent that any PWSFs extend above the height of the vegetation immediately surrounding it, they shall be of a color which blends with the background or surroundings. All surfaces shall be non-reflective.

Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height of the proposed building, and/or fence. The Planning Board shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood; or

Lighting: The mounts of PWSFs shall be lighted only if required by the Federal Aviation Administration (FAA). Lighting of equipment structures and any other facilities on site shall be shielded from abutting properties. Foot-candle measurements at the property line shall be 0.0 initial foot-candles.

Signage: PWSFs shall not contain any permanent or temporary signs, writing, symbols or any graphic representation of any kind except those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of the Town's sign ordinance.

Scenic Landscapes and Vistas - Ground-mounted facilities shall not be located within open areas that are clearly visible from public roads, recreational areas, nearby or abutting properties unless these PWSFs are hidden or disguised in such a way so as to blend in with their surroundings. For example, the Planning Board may find a PWSF disguised as a flagpole to be acceptable. The Planning Board shall be empowered to make these decisions. All ground-mounted PWSFs shall be surrounded by a buffer of dense tree growth as per Section 7.1 (F).

Driveways - If available, existing entrances and driveways to serve a PWSF shall be utilized, unless the applicant can demonstrate that a new entrance and driveway will result in less visual, traffic, and environmental impact. New driveways to serve a PWSF shall not exceed twelve (12) feet in width. A gravel or crushed stone surface is encouraged.

Antenna Types - Any antenna array placed upon an existing or proposed ground mount, utility pole, or transmission line mount shall have a diameter of no more than four (4) feet, exclusive of the diameter of the mount. A larger diameter antenna array may be permitted after a finding by the Planning Board that the visual impacts of a larger antenna array are negligible.

Ground and Roof Mounts - All ground mounts shall be of a mast or monopole type mount. Lattice towers, guyed towers, and roof mounted monopoles are expressly prohibited, unless constructed as part of a reconstruction project permitted under Section 5 (B).

Hazardous Waste - No hazardous waste shall be discharged on the site of any PWSF. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least one hundred and ten percent (110%) of the volume of the hazardous materials stored or used on the site.

Radio Frequency Radiation (RFR) Standards - All equipment proposed for a PWSF shall be fully compliant with the FCC Guidelines for Evaluating the Environmental Effects of Radio frequency Radiation (FCC Guidelines), under Report and Order, FCC 96-326, published on August 1, 1996, and all subsequent amendments.

Federal and State Requirements - All PWSFs must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal or state government with the authority to regulate PWSFs. If such standards and regulations are changed, then the owners of the facilities governed by this ordinance shall bring such facilities into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule if mandated by the controlling agency. Failure to bring PWSFs into compliance with such revised standards and regulations shall constitute grounds for removal of the PWSF as abandoned, in accordance with Section 9 of this Article, at the owner(s) expense through the execution of the posted security.

Building Code - Safety Standards - To ensure the structural integrity of PWSFs, the owner of the facility shall ensure that it is maintained in compliance with the standards contained in applicable local building codes and the applicable standards for PWSFs that are published by the Electronics Industries Association, as amended from time to time. If, upon inspection, the Town concludes that a PWSF fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the PWSF, the owner shall have thirty (30) days to bring such PWSF into compliance with such standards. If the owner fails to bring such PWSF into compliance within 30 days, such action shall constitute an abandonment and grounds for the

Balloon Test / Crane Test - The Planning Board may require a certified balloon test and/or crane test accurately simulating the height and location of the proposed PWSF. Public notice shall be given of the date and time of such test not less than 10 days prior thereto. The applicant shall provide photographs of such test from locations around the Town and within 20 miles from which the balloon(s) or crane is visible.

Verification - The Planning Board, at its discretion, may hire an expert of its choice to review applications. Such experts may include, but not be limited to Planning Experts, Technical Experts, Engineering Experts, Legal Experts, and Surveying Experts. All such expenses incurred shall be borne by the applicant.

Maintenance - The owner of the facility shall maintain the PWSF in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, maintenance of the buffer areas, landscaping, and camouflage materials. The Planning Board may direct the owner to perform maintenance that it determines to be required.

Monitoring - The property owner and the owner of the PWSF shall agree that the Town and its appointed representative(s) may enter the subject property to obtain RFR measurements, noise measurements, and to perform maintenance and safety inspections at the expense of the applicant. In the case of taking RFR and or noise measurements, the Town may enter without any advance notice to either the PWSF owner or the property owner. In all other cases the Town shall provide reasonable written notice to the applicant and landowner and provide them the opportunity to accompany the Town representatives when the inspections are conducted

Security for Removal - Recognizing the hazardous situation presented by abandoned and unmonitored telecommunications facilities, the Planning Board shall set the form and amount of security that represents the cost for removal and disposal of abandoned telecommunications facilities in the event that a facility is abandoned and the facility owner is unwilling or unable to remove the facility in accordance with Section 9.2. The amount of the security shall be based upon the removal cost plus, fifteen percent (15%), provided by the applicant and certified by a professional civil engineer licensed in New Hampshire. The owner of the facility shall provide the Planning Board with a revised removal cost estimate and structural evaluation prepared by a professional civil engineer licensed in New Hampshire every five (5) years from the date of the Planning Board's approval of the site plan. If the cost has increased more than fifteen percent (15%) then the owner of the facility shall provide additional security in the amount of the increase.

FCC Compliance -The applicant shall submit written proof that the proposed use and the facility comply with the FCC regulations on radio (RF) frequency exposure guidelines, and a propagation map showing the proposed radio frequency coverage.

Environmental Compliance - The applicant shall submit written proof that an evaluation has taken place, as well as the results of such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA) further referenced in applicable FCC rules. If an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Town prior to the beginning of the federal 30 day comment period, and the Town process, shall become part of the application requirements.

Inventory of Existing Towers - Each applicant for a PWSF shall provide an inventory of its existing PWSFs that are within the jurisdiction of the Town and those within two miles of the border thereof, including specific information about the location, height, and design of the facility, as well as economic and technological feasibility for co-location on the inventoried towers. The Town may share such information with other applicants applying for approvals under this ordinance or other organizations seeking to locate PWSFs within the jurisdiction of the governing authority, provided, however, that the Town is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

CMI/HIC Coverage - The applicant will provide information as to whether any of the wireless telecommunications carriers providing service to the Town use the system known as cable micro-cell integrator/headend interface converter (CMI/HIC) which utilizes cable television lines and small transceivers mounted on utility poles to communicate with wireless telephones and whether there are any such carriers using CMI/HIC in the southwestern New Hampshire region.

Federal License - The applicant will provide with its application any copies of the federal license from the FCC proving that they, or their contracted client, are eligible to deploy their system under the Federal Telecommunications Act of 1996.

State Requirements - The applicant will provide written documentation that it is in full compliance with the State of New Hampshire requirements and regulations for PWSFs as are stated in HB 733 and any amendments thereof.

Notification - Beginning 12 months after Planning Board approval and continuing on an annual basis thereafter, the owner of a PWSF shall provide the Planning Board with written, signed certification that the PWSF is being used to provide the citizens of the Town with Personal Wireless Services as defined. Failure to comply with this requirement shall constitute an admission that the PWSF is not in use and has been abandoned. ~

At such time that the owner plans to abandon or discontinue operation of a PWSF, the owner will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuation of operations. In the event that the owner fails to give such notice, the PWSF shall be considered abandoned upon such discontinuation of operations.

Removal - Upon abandonment or discontinuation of use, the owner of the facility shall physically remove the PWSF within ninety (90) days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

Failure to Remove - If the owner of the facility does not remove the facility upon the Planning Board's order, then the Board of Selectmen shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within ninety (90) days of receipt of the declaration of abandonment by the Board of Selectmen. If the abandoned facility is not removed within ninety (90) days, the Town may execute the security to pay for this action.

Failure to Maintain - If the owner of the facility fails to maintain the facility in accordance with the directions of the Planning Board pursuant to Section 8.2, then the Board of Selectmen shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within ninety (90) days of receipt of the declaration of abandonment by the Board of Selectmen. If the abandoned facility is not removed within ninety (90) days, the Town may execute the security to pay for this action

Operation of a PWSF shall commence no later than nine (9) months from the date the application was approved. If the PWSF is not operating and providing the citizens of the Town with Personal Wireless Services, as defined, within this time period the Planning Board, at its discretion, may revoke its approval.