[Added 3-13-2001 ATM; amended 3-10-2020 ATM by Art. 2]
A.
It is the express purpose of this article to minimize the visual
and environmental impacts of personal wireless service facilities
while providing quality service coverage. The article enables the
review and approval of personal wireless service facilities by the
Town's Zoning Board of Adjustment and Planning Board in keeping with
the Town's Master Plan, existing ordinances, and historic development
patterns, including the size and spacing of structures and open spaces.
This article is intended to be used in conjunction with other regulations
adopted by the Town and the State of New Hampshire, including historic
district regulations, site plan review and other local ordinances
designed to encourage appropriate land use, environmental protection,
and provision of adequate infrastructure development in Wolfeboro
and RSA 12-J, Development of personal wireless service facilities.
B.
The regulation of personal wireless service facilities is consistent
with the purpose of the planning efforts of the Town through the Master
Plan to further the conservation and preservation of developed, natural
and undeveloped areas, wildlife, flora and habitats for endangered
species; the preservation of shoreland resources; protection of the
natural resources of Wolfeboro; balanced economic growth; the provision
of adequate capital facilities; the coordination of the provision
of adequate capital facilities with the achievement of other goals;
and the preservation of historical, cultural, archaeological, architectural
and recreational values.
As used in this article, the following terms shall have the
meanings indicated:
A measurement of height from the natural grade of a site
to the highest point of a structure.
The surface from which wireless radio signals are sent and
received by a personal wireless service facility.
A collection of antennas attached to a mount to send and
receive radio signals.
A legal representative of a company authorized and licensed
by the FCC to construct and operate a commercial mobile radio services
system.
An average height found by inventorying the height of all
trees over 20 feet in height for a defined area.
A personal wireless service facility that is disguised, hidden,
part of an existing or proposed structure or placed within an existing
or proposed structure is considered camouflaged.
A company that provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical collocation) and/or several mounts on an existing
building or structure by more than one carrier.
A low mount that has three panels flush-mounted or attached
very close to the shaft.
The measurement of height above sea level.
An EA is the document required by the Federal Communications
Commission (FCC) and the National Environmental Policy Act (NEPA)
when a personal wireless service facility is placed in certain designated
areas.
An enclosed structure, cabinet, shed or box at the base of
the mount within which are housed batteries and electrical equipment.
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material or a catastrophic structural
failure.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
The historic overlay zoning districts as defined in the Wolfeboro
Planning and Zoning Ordinance.
A structure or building eligible for the National Historic
Registry.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
A company authorized by the FCC to construct and operate
a commercial mobile radio services system.
A thin pole that resembles a streetlight standard or a telephone
pole. A dual-polarized antenna is typically deployed on a mast.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDMounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A thin rod that beams and receives a signal in all directions.
A flat surface antenna usually developed in multiples.
Facility for the provision of personal wireless services,
as defined by the Telecommunications Act.
Mobile radio services, unlicensed wireless services, and
common carrier wireless exchange access services are the FCC personal
wireless services as described in the Telecommunications Act of 1996.
An engineer specializing in electrical or microwave engineering,
especially the study of radiofrequencies.
The emissions from personal wireless service facilities.
Specific scenic views, viewsheds and vistas are a special
land use feature that contributes to the Town of Wolfeboro's unique
character. Within Wolfeboro, 15 areas have been identified as having
significant or special views of the surrounding countryside and or
lakes. See Table 1 and Map 1.[1]
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas and
another carrier's array.
[1]
Editor's Note: Table 1 and Map 1 are included as attachments
to this chapter.
New personal wireless service facilities shall be permitted
by special exception in all Zoning Districts with the exception of
the Shorefront Residential District, where they are prohibited.
A personal wireless service facility shall require a building permit in all cases. Except for cases of modifications or collocations which qualify for expedited review and approval pursuant to § 175-162A below.
A.
Applications for certain modifications to existing personal wireless
service facilities.
(1)
Purpose. The purpose of this § 175-162A is to comply with Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, codified at 47 U.S.C. 1455, as implemented by the Rules of the Federal Communications Commission (the "FCC"), 47 C.F.R. 1.6100 (formerly 47 C.F.R. 1.40001), by providing an expedited process for the review and approval of certain modifications to existing personal wireless service facilities. In addition, this § 175-162A is intended to comply with those provisions of New Hampshire RSA Chapter 12-K which pertain to modifications of existing personal wireless service facilities, to the extent the provisions of that chapter are not inconsistent with 47 U.S.C. 1455 and 47 C.F.R. 1.6100.
(2)
Scope. Applicants who believe that a proposed modification is entitled to the expedited review and approval process provided by this § 175-162A should complete and file a request for expedited approval of modification to existing wireless facility (hereinafter referred to as a "request") with the Planning Department on a form provided by the Planning Department, together with adequate supporting information. The provisions of this § 175-162A supersede any inconsistent provision contained in this Article XXVI, in any other part of this chapter and in any other part of the Town of Wolfeboro's land use legislation.
(3)
BASE STATION
(a)
(b)
(c)
(d)
COLLOCATION
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
EXISTING
SITE
SUBSTANTIAL CHANGE
(a)
(b)
(c)
[1]
[2]
[3]
TOWER
TRANSMISSION EQUIPMENT
Definitions. Certain terms used in this § 175-162A shall have the meanings set forth below. If a term is not defined below, then it shall have the meaning set forth in § 175-160 of this chapter, if applicable, or as defined in RSA 12-K:2. If a term is not defined, then it shall be presumed to have its ordinary meaning.
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined below, or any equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services, such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time a request is filed with the Planning Department, supports or houses equipment described in Subsections (a) and (b) above, that has been reviewed and approved by the Town of Wolfeboro under an applicable zoning or siting process, or under a State of New Hampshire regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station as defined in this subsection,
provided that it is existing at the time the request is filed.
A constructed tower or base station is existing for purposes of this § 175-162A if it has been reviewed and approved by the Town of Wolfeboro under the applicable zoning or siting process, or under a State of New Hampshire regulatory review process. A tower that has not been reviewed and approved because it was not subject to zoning when it was built, but was lawfully constructed, is also "existing" for purposes of this definition.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater; provided that,
for the purposes of this subsection, changes in height shall be measured
from the original support structure in cases where deployments are
or will be separated horizontally, such as on buildings' rooftops;
in other circumstances, from the dimensions of the tower or base station,
inclusive of originally approved appurtenances and also inclusive
of any modifications that were approved prior to February 22, 2012.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in Subsections (a) through (c) above.
Any structure built for the sole or primary purpose of supporting
any FCC-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
Equipment that facilitates transmission for any FCC-licensed
or authorized wireless communication service, including, but not limited
to, radio transceivers, antennas, coaxial or fiber-optic cable, and
regular and backup power supply. The term includes equipment associated
with wireless communications services including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul.
(4)
Review of applications.
(a)
General. The Planning Department shall review all requests in accordance with the standards of this § 175-162A.
(b)
Process and deadlines.
[1]
All requests shall be reviewed and either approved or denied
by the Planning Department in writing within 45 days of receipt of
the request, unless this deadline is extended as set forth in this
subsection.
[2]
Planning Department staff will review all requests as soon as practicable for conformity with this § 175-172A and applicable building permit requirements. The Planning Department shall notify the applicant in writing within 15 calendar days of receipt of the request, whether or not it is complete; a request is deemed complete unless a written notice of incompleteness is provided to the applicant within 15 calendar days of receipt of the request. If the request is deemed incomplete, then the notice shall clearly and specifically delineate all missing documents or information. Upon receipt of a timely written notice that a request is deficient, the applicant shall have 15 calendar days from its receipt of such notice to supply the missing documents or information. An applicant may notify the Planning Department in writing within 15 days of the issuance of such notice that it requires more than 15 calendar days to cure the specific deficiencies and/or to supply the missing documents or information, and specify how many additional days it requires. In that event, the 45 calendar days deadline for review shall be extended by the same number of additional days specified by the applicant.
[3]
Following a supplemental submission, the Planning Department
will have 10 days to notify the applicant that the supplemental submission
did not provide all of the documents or information identified in
the original notice delineating missing information. The deadline
for review shall be extended in the case of a second (or subsequent)
notice from the date of such notice until the applicant addresses
the deficiencies. The extension shall be the same number of days taken
by the applicant to address the deficiencies identified in the notice.
A second or subsequent notice of incompleteness may not specify missing
documents or information that were not delineated in the original
notice of incompleteness.
(c)
Extension by agreement. In addition to extensions of time pursuant
to subsection (d)(2), above, the Planning Department and the applicant
may mutually agree in writing to toll the time limitations of this
Section.
(d)
Failure to act. In the event the Planning Department fails to
approve or deny a request within the timeframe for review (including
any extensions), the request shall be deemed granted. The deemed grant
shall not be effective unless and until the applicant notifies the
Planning Department in writing that the review period (including any
extensions) has expired, and that the request has been deemed granted.
(e)
Further proceedings if a request is denied. In addition to any other remedies which may be provided by law, an applicant whose request is denied shall have the right to appeal the denial to the Zoning Board of Adjustment pursuant to RSA 676:5. Such an applicant may also seek site plan approval pursuant to § 175-162A of this article and/or approval of a special exception pursuant to § 175-162B, and the denial of the request shall be without prejudice to the applicant's request for such approvals.
B.
A personal wireless service facility involving construction of one or more ground or building (roof or side) mounts shall require a special exception and site plan approval. Construction of such facilities shall require a special exception and site plan approval in the zoning districts outlined in § 175-161 of this article, provided that the proposed use complies with the height and setback requirements of § 175-164 and all of the special exception standards, site plan approval regulations and the standards set forth in § 175-165 of this article.
If feasible, personal wireless service facilities shall be located
on existing structures, including but not limited to buildings, water
towers, existing telecommunications facilities, utility poles and
towers, and related facilities, provided that such installation preserves
the character and integrity of those structures. The applicant shall
have the burden of proving that there are no feasible existing structures
upon which to locate.
A.
Applicants seeking approval for personal wireless service facilities
shall comply with the following:
(1)
The applicant shall provide detailed maps showing all of the
carrier's current externally visible towers and monopoles personal
wireless service facilities locations in the state within a 20-mile
radius of the proposed externally visible personal wireless service
facilities.
(2)
The applicant shall provide site descriptions for each of the
above locations showing the antenna height and diameter, and showing
all externally visible structures.
(3)
The applicant shall provide a description of why less visually
intrusive alternatives for this facility were not proposed.
(4)
The applicant shall have the burden of proving that there are
no existing structures within the region which are suitable to locate
its personal wireless service facility. To meet this burden, the applicant
shall take all of the following actions to the extent applicable.
(a)
The applicant shall submit to the Planning Board a list of all
contacts made with the owners of appropriate structures (buildings,
water towers, existing telecommunications facilities, utility poles
and towers, and related facilities) within the region regarding the
availability of potential space for a personal wireless service facility.
The Planning Board, at its option, may provide a list of additional
suitable sites. The applicant shall contact the property owner(s)
of those structures.
(b)
The applicant shall provide copies of all letters of inquiry
made to owners of existing buildings, water towers, existing telecommunications
facilities, utility poles and towers, and related facilities. Rejection
documentation shall be provided. 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 any existing
buildings, water towers, existing telecommunications facilities, utility
poles and towers, and related facilities that was contacted.
(c)
If the applicant claims that existing buildings, water towers,
existing telecommunications facilities, utility poles and towers,
and related facilities are not capable of physically supporting a
personal wireless service facility, this claim must be certified by
a NH licensed structural engineer. The certification shall, at a minimum,
explain the structural issues and demonstrate that the structure cannot
be modified to support the personal wireless service facility without
unreasonable costs. The estimated cost shall be provided to the Zoning
Board of Adjustment and the Planning Board.
(5)
If the applicant demonstrates that it is not feasible to locate
on an existing structure, personal wireless service facilities 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.
(6)
The applicant shall submit documentation of the legal right
to install and use the proposed facility mount at the time of application
for a building permit and/or special exception and site plan approval.
Personal wireless service facilities shall comply with the following
requirements:
A.
Height.
(1)
General. Regardless of the type of mount, personal wireless
service facilities shall be no higher than 10 feet above the average
height of buildings within 300 feet of the proposed facility. In addition,
the height of a personal wireless service facility shall not exceed
by more than 10 feet the height limits of the zoning district in which
the facility is proposed to be located, unless the facility is completely
camouflaged, such as within a flagpole, steeple, chimney, or similar
structure. Facilities that are camouflaged shall be camouflaged to
a scale, mass, and appearance consistent with scale, mass and appearance
of features found in a traditional New England village and, more specifically,
consistent with the scale, mass and appearance of existing features
within the Town of Wolfeboro. Personal wireless service facilities
may locate on a building that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building height.
(2)
Height of ground-mounted facilities. Ground-mounted personal
wireless service facilities shall not project higher than 10 feet
above the average building height or, if there are no buildings within
300 feet, these facilities shall not project higher than 10 feet above
the average tree canopy height, measured from ground level (AGL).
If there are no buildings within 300 feet of the proposed site of
the facility, all ground-mounted personal wireless service facilities
shall be placed in a location that is surrounded by dense tree growth
to screen views of the facility in all directions. These trees must
exist on the subject property. Noncamouflaged facilities shall not
be placed in open fields or meadows.
(3)
Height of side- and roof-mounted facilities. Side- and roof-mounted
personal wireless service facilities shall not project more than 10
feet above the height of an existing building nor project more than
10 feet above the height limit of the zoning district within which
the facility is located. Personal wireless service facilities may
locate on a building that is legally nonconforming with respect to
height, provided that the facilities do not project above the existing
building height.
(4)
Height of existing structures. New antennas located on any of
the following structures existing on the effective date of this article
shall be exempt from the height restrictions of this article, provided
that there is no increase in height of the existing structure as a
result of the installation of a personal wireless service facility:
water towers, guyed towers, lattice towers, fire towers and monopoles.
(5)
Height of existing utility structures. New antennas located
on any of the following existing structures shall be exempt from the
height restrictions of this article, provided that there is no more
than a ten-foot increase in the height of the existing structure as
a result of the installation of a personal wireless service facility:
electric transmission and distribution towers, telephone poles and
similar existing utility structures. This exemption shall not apply
in historic districts, within 150 feet of the right-of-way of any
scenic highway, or in designated viewsheds.
B.
Setbacks. All personal wireless service facilities and their equipment
shelters shall comply with the building setback provisions of the
zoning district in which the facility is located. In addition, the
following setbacks shall be observed:
(1)
In order to ensure public safety, the minimum distance from
the base of any ground-mounted personal wireless service facility
to any property line, road, habitable dwelling, business or institutional
use, or public recreational area shall be the height of the facility/mount,
including any antennas or other appurtenances, plus the required building
setback for the zoning district. This setback is considered a fall
zone.
(2)
In the event that an existing structure is proposed as a mount for a personal wireless service facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of preexisting nonconforming structures, personal wireless service facilities and their equipment shelters shall not increase any nonconformities, except as provided in Subsection C below.
C.
Flexibility. In reviewing the special exception and site plan application
for a personal wireless service facility, the Zoning Board of Adjustment
and Planning Board may reduce the required fall zone and/or setback
distance of the zoning district by as much as 50% of the required
distance, if it finds that a substantially better design will result
from such reduction. In making such a finding, the Zoning Board of
Adjustment and the Planning Board shall consider both the visual and
safety impacts of the proposed use and shall require certification
by a licensed structural engineer that the proposed facility is structurally
sound.
A.
All personal wireless service facilities shall comply with the performance
standards set forth in this section.
B.
Design standards.
(1)
Visibility/camouflage. Personal wireless service facilities
shall be camouflaged as follows:
(a)
Camouflage by existing buildings or structures.
[1]
When a personal wireless service facility extends above the
roof height of a building on which it is mounted, the facility shall
be concealed within or behind existing architectural features to limit
its visibility from public ways. Facilities mounted on a roof shall
be stepped back from the front facade in order to limit their impact
on the building's silhouette. Facilities that are camouflaged shall
be camouflaged to a scale, mass, and appearance consistent with scale,
mass and appearance of features found in a traditional New England
village and, more specifically, consistent with the scale, mass and
appearance of existing features within the Town of Wolfeboro and the
building or structure the personal wireless service facility is situated
on, in, or in proximity to.
[2]
Personal wireless service facilities which are side-mounted
shall blend with the existing building's architecture and, if over
five square feet, shall be painted or shielded with material which
is consistent with the design features and materials of the building.
(b)
Camouflage by vegetation. If personal wireless service facilities
are not camouflaged from public viewing areas by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation. The vegetation shall be maintained or planted
for a minimum distance of 150 feet from the mount, security barrier,
or designated clear area for access to equipment, and shall screen
the views of the facility in all directions to create an effective
year-round visual buffer. Ground-mounted personal wireless service
facilities shall provide a vegetated buffer of sufficient height and
depth to effectively screen the facility. Trees and vegetation may
be existing on the subject property or installed as part of the proposed
facility or a combination of both. The Planning Board shall determine
the types of trees and plant materials and depth of the needed buffer
based on site conditions. The 150-foot vegetative buffer area shall
be protected by a landscape easement or be within the area of the
carrier'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.
(2)
Color.
(a)
Personal wireless service facilities which are side-mounted
on buildings shall be painted or constructed of materials to match
the color of the building material directly behind them.
(b)
To the extent that any personal wireless service facilities
extend above the height of the vegetation immediately surrounding
it, they shall be constructed of galvanized steel designed to maintain
a light gray hue or, at the discretion of the Planning Board, painted
in a light gray or light blue hue which blends with sky and clouds.
(3)
Equipment shelters. Equipment shelters for personal wireless
service facilities shall be designed consistent with one of the following
design standards:
(a)
Equipment shelters shall be located in underground vaults; or
(b)
Equipment shelters shall be designed consistent with traditional
New England architectural styles and materials, with a roof pitch
of at least 10/12 and wood clapboard or shingle siding; or
(c)
Equipment shelters shall be camouflaged behind an effective
year-round landscape buffer, equal to the height of the proposed building,
and/or wooden fence. The Planning Board shall determine the style
of fencing and/or landscape buffer that is compatible with the neighborhood.
(d)
If mounted on a rooftop, the equipment shelter shall be concealed
or camouflaged so that the shelter either is not visible at grade
or appears to be part of the original structure.
(4)
Lighting and signage.
(a)
Personal wireless service facilities 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. There shall be total cutoff of all light
at the property lines of the parcel to be developed, and footcandle
measurements at the property line shall be 0.0 initial footcandles
when measured at grade.
(b)
Signs shall be limited to 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.
(c)
All ground-mounted personal wireless service facilities shall
be surrounded by a security barrier.
(5)
Historic buildings.
(a)
Any personal wireless service facilities located on or within
an historic structure or building shall not alter the character-defining
features, distinctive construction methods, original historic materials
of the building, or visually alter the exterior of the historic structure
or building.
(b)
Any alteration made to an historic structure to accommodate
a personal wireless service facility shall be fully reversible.
(c)
Personal wireless service facilities within an historic district
shall be concealed within or behind existing architectural features,
and shall be located so that they are not visible from public roads
and viewing areas.
(6)
Scenic landscapes and vistas.
(a)
Personal wireless service facilities shall not be located within
open areas that are visible from public roads, recreational areas,
residential development, or within 1,000 feet of great ponds and lakes
(as defined by NHDES). As required in the camouflage section above,
all ground-mounted personal wireless service facilities which are
not camouflaged by existing buildings or structures shall be surrounded
by a buffer of dense tree growth.
(b)
Any personal wireless service facility that is located within
300 feet of a scenic vista, scenic landscape or scenic highway as
designated by the Town shall not exceed the height of vegetation at
the proposed location. If the facility is located farther than 300
feet from the scenic vista, scenic landscape or scenic road, the height
regulations described elsewhere in this article will apply.
A.
Personal wireless service facilities shall not be located in wetlands.
Locating of wireless facilities in wetland buffer areas shall be avoided
whenever possible, and disturbance to wetland buffer areas shall be
minimized.
B.
No hazardous waste shall be discharged on the site of any personal
wireless service facility. 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 110% of the volume of the hazardous materials
stored or used on the site.
C.
Stormwater runoff shall be contained on-site.
D.
Ground-mounted equipment for personal wireless service facilities
shall not generate noise in excess of 50 db at the property line.
E.
Roof-mounted or side-mounted equipment for personal wireless service
facilities shall not generate noise in excess of 50 db at ground level
at the base of the building closest to the antenna.
Radio frequency radiation (RFR) Standards. All equipment proposed
for a personal wireless service facility must comply with the FCC
Guidelines for Evaluating the Environmental Effects of Radiofrequency
Radiation (FCC Guidelines) or subsequently adopted FCC Guidelines
and/or other applicable regulations regarding maximum permissible
exposure.
A.
Preapplication conference. Prior to the submission of an application
for a special exception and site plan approval under this regulation,
the applicant shall meet with the Zoning Board of Adjustment and the
Planning Board at a public meeting to discuss the proposed personal
wireless service facility in general terms and to clarify the filing
requirements. The Zoning Board of Adjustment and Planning Board shall
meet with an applicant under this article within 21 days following
a written request submitted to the Planning Office. If the Zoning
Board of Adjustment and the Planning Board fail to meet with an applicant
who has requested such a meeting within 21 days of said request and
said meeting has not been postponed due to mutual agreement, the applicant
may proceed with a special exception and site plan approval application
under this article without need for a preapplication conference.
B.
Preapplication filing requirements. The purpose of the conference
is to inform the Zoning Board of Adjustment and Planning Board as
to the preliminary nature of the proposed personal wireless service
facility. As such, no formal filings are required for the preapplication
conference. However, the applicant is encouraged to prepare sufficient
preliminary architectural and/or engineering drawings to inform the
Zoning Board of Adjustment and Planning Board of the location of the
proposed facility, as well as its scale and overall design.
C.
Application filing requirements.
(1)
The applications for the special exception and site plan shall
be filed concurrently and the applications shall be reviewed and acted
upon using the Joint Land Use Board hearing procedures. The following
shall be included with an application for a special exception and
site plan for all personal wireless service facilities:
(a)
General filing requirements.
[1]
Name, address and telephone number of applicant and any co-applicants
as well as any agents for the applicant or co-applicants.
[2]
Co-applicants may include the landowner of the subject property,
licensed carriers and tenants for the personal wireless service facility.
[3]
A licensed carrier shall either be an applicant or a co-applicant.
[4]
Original signatures for the applicant and all co-applicants
applying for the special exception and site plan approval. If the
applicant or co-applicant will be represented by an agent, original
signature authorizing the agent to represent the applicant and/or
co-applicant. Photoreproductions of signatures will not be accepted.
[5]
The applicant shall provide written notification to all New
Hampshire municipalities within a twenty-mile radius of the proposed
facility. This notification shall comply with the requirements of
RSA 12-J, Subparagraph 7.
(b)
Location filing requirements.
[1]
Identify the subject property by including the name of the nearest
road or roads, and street address, if any.
[2]
Tax map and parcel number of subject property.
[3]
Zoning district designation for the subject parcel.
[4]
A plat to scale showing the lot lines of the subject property
and all properties within 300 feet and the location of all buildings,
including accessory structures, on all properties shown.
[5]
A Town and region-wide map showing the other existing personal
wireless service facilities in the Town and outside the Town within
20 miles of its corporate limits.
[6]
The proposed locations of all existing and future personal wireless
service facilities in the Town on a Town-wide map for this carrier.
(c)
Siting filing requirements.
[1]
One-inch-equals-forty-feet vicinity plan showing the following:
[a]
Property lines for the subject property.
[b]
Property lines of all properties adjacent to the
subject property within 300 feet.
[c]
Tree cover on the subject property and adjacent
properties within 300 feet, by dominant species and average height,
as measured by or available from a verifiable source.
[d]
Outline of all existing buildings, including purpose
(e.g., residential buildings, garages, accessory structures, etc.)
on subject property and all adjacent properties within 300 feet.
[e]
Proposed location of antenna, mount and equipment
shelter(s).
[f]
Proposed security barrier, indicating type and
extent as well as point of controlled entry.
[g]
Location of all roads, public and private, on the
subject property and on all adjacent properties within 300 feet, including
driveways proposed to serve the personal wireless service facility.
[h]
Distances, at grade, from the proposed personal
wireless service facility to each building on the vicinity plan.
[i]
Contours at each two feet feet AMSL for the subject
property and adjacent properties within 300 feet.
[j]
All proposed changes to the existing property,
including grading, vegetation removal and temporary or permanent roads
and driveways.
[k]
Representations, dimensioned and to scale, of the
proposed mount, antennas, equipment shelters, cable runs, parking
areas and any other construction or development attendant to the personal
wireless service facility.
[l]
Lines representing the sight line showing viewpoint
(point from which view is taken) and visible point (point being viewed)
from "Sight lines" subsection below.
[m]
Sight lines and photographs as described below:
[i]
Sight line representation. A sight line representation
shall be drawn from any public road within 300 feet and the closest
facade of each residential building (viewpoint) within 300 feet to
the highest point (visible point) of the personal wireless service
facility. Each sight line shall be depicted in profile, drawn at one
inch equals 40 feet. The profiles shall show all intervening trees
and buildings. In the event there is only one (or more) residential
building within 300 feet, there shall be at least two sight lines
from the closest habitable structures or public roads, if any.
[ii]
Existing (before condition) photographs. Each
sight line shall be illustrated by one four-inch by six-inch color
photograph of what can currently be seen from any public road within
300 feet.
[iii]
Proposed (after condition). Each of the existing
condition photographs shall have the proposed personal wireless service
facility superimposed on it to show what will be seen from public
roads if the proposed personal wireless service facility is built.
[2]
Siting elevations, or views at-grade from the north, south,
east and west for a fifty-foot radius around the proposed personal
wireless service facility plus from all existing public and private
roads that serve the subject property. Elevations shall be at either
1/4 inch equals one foot or 1/8 inch equals one foot scale and show
the following:
[a]
Antennas, mounts and equipment shelter(s), with
total elevation dimensions and AGL of the highest point.
[b]
Security barrier. If the security barrier will
block views of the personal wireless service facility, the barrier
drawing shall be cut away to show the view behind the barrier.
[c]
Any and all structures on the subject property.
[d]
Existing trees and shrubs at current height and
proposed trees and shrubs at proposed height at time of installation,
with approximate elevations dimensioned.
[e]
Grade changes, or cuts and fills, to be shown as
original grade and new grade line, with two-foot contours above mean
sea level.
(d)
Design filing requirements.
[1]
Equipment brochures for the proposed personal wireless service
facility such as manufacturer's specifications or trade journal reprints
shall be provided for the antennas, mounts, equipment shelters, cables
as well as cable runs, and security barrier, if any.
[2]
Materials of the proposed personal wireless service facility
specified by generic type and specific treatment (e.g., anodized aluminum,
stained wood, painted fiberglass, etc.). These shall be provided for
the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
[3]
Colors of the proposed personal wireless service facility represented
by a color board showing actual colors proposed. Colors shall be provided
for the antennas, mounts, equipment shelters, cables as well as cable
runs, and security barrier, if any.
[4]
Dimensions of the personal wireless service facility specified
for all three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelters and security
barrier, if any.
[5]
Appearance shown by at least two photographic superimpositions
of the personal wireless service facility within the subject property.
The photographic superimpositions shall be provided for the antennas,
mounts, equipment shelters, cables as well as cable runs, and security
barrier, if any, for the total height, width and breadth. Landscape
plan including existing trees and shrubs and those proposed to be
added, identified by size of specimen at installation and species.
[6]
Within 30 days prior to the preapplication conference, or within
21 days of filing an application for a special exception and site
plan approval, the applicant shall arrange for a balloon or crane
test at the proposed site to illustrate the height of the proposed
facility. The date, time and location of such test shall be advertised
in a newspaper of general circulation in the Town at least 14 days,
but not more than 21 days prior to the test.
[7]
If lighting of the site is proposed, the applicant shall submit
a manufacturers computer-generated point-to-point printout, indicating
the horizontal footcandle levels at grade, within the property to
be developed and 25 feet beyond the property lines. The printout shall
indicate the locations and types of luminaires proposed.
(e)
Noise filing requirements.
[1]
The applicant shall provide a statement listing the existing
and maximum future projected measurements of noise from the proposed
personal wireless service facilities, measured in decibels Ldn (logarithmic
scale, accounting for greater sensitivity at night), for the following:
[2]
Such statement shall be certified and signed by an acoustical
engineer, stating that noise measurements are accurate and meet the
noise standards of this article.
(f)
Radio frequency radiation (RFR) filing requirements. The applicant
shall provide a certification, signed by an RF engineer, stating that
RFR measurements are accurate and meet FCC Guidelines as specified
in the radio frequency radiation standards subsection of this article.
(g)
Federal environmental filing requirements.
[1]
The National Environmental Policy Act (NEPA) applies to all
applications for personal wireless service facilities. NEPA is administered
by the FCC via procedures adopted as Subpart 1, Section 1.1301 et
seq. (47 CRF Ch. I). The FCC requires that an environmental assessment
(EA) be filed with the FCC prior to beginning operations for any personal
wireless service facility proposed in or involving any of the following:
[2]
At the time of application filing, an EA that meets FCC requirements
shall be submitted to the Town for each personal wireless service
facility site that requires such an EA to be submitted to the FCC.
[3]
The applicant shall list location, type and amount (including
trace elements) of any materials proposed for use within the personal
wireless service facility that are considered hazardous by the federal,
state or local government.
(2)
The Zoning Board of Adjustment and the Planning Board may waive
one or more of the application filing requirements of this section
if it finds that such information is not needed for a thorough review
of a proposed personal wireless service facility.
A.
Licensed carriers shall share personal wireless service facilities
and sites where feasible and appropriate, thereby reducing the number
of personal wireless service facilities that are stand-alone facilities.
All applicants for a special exception and site plan approval for
a personal wireless service facility shall demonstrate a good-faith
effort to co-locate with other carriers. Such good-faith effort includes:
(1)
A survey of all existing structures that may be feasible sites
for colocating personal wireless service facilities;
(2)
Contact with all the other licensed carriers for commercial
mobile radio services operating in the municipalities abutting Wolfeboro;
and
(3)
Sharing information necessary to determine if co-location is
feasible under the design configuration most accommodating to co-location.
B.
In the event that a co-location is found to be not feasible, a written
statement of the reasons for the infeasibility shall be submitted
to the Town. The Town may retain a technical expert in the field of
RF engineering to verify if a co-location at the site is not feasible
or is feasible given the design configuration most accommodating to
co-location. The cost for such a technical expert will be at the expense
of the applicant. The Town may deny a special exception and site plan
application to an applicant that has not demonstrated a good-faith
effort to provide for co-location.
C.
If the applicant does intend to colocate or to permit co-location,
the Town shall request drawings and studies which show the ultimate
appearance and operation of the personal wireless service facility
at full build-out.
D.
If the Zoning Board of Adjustment and the Planning Board approve
co-location for a personal wireless service facility site, the special
exception and site plan approval shall indicate how many facilities
of what type shall be permitted on that site. Facilities specified
in the special exception and site plan approval shall require no further
approvals. However, the addition of any facilities not specified in
the approved special exception and site plan approval shall require
a new special exception and site plan approval.
Unless it qualifies for expedited review and approval under § 175-162A above, any application for modification of a personal wireless service facility shall be considered equivalent to an application for a new personal wireless service facility.
Unless it qualifies for expedited review and approval under § 175-162A above:
A.
After the personal wireless service facility is operational, the
applicant shall submit, within 90 days of beginning operations, existing
measurements of RFR from the personal wireless service facility. Such
measurements shall be signed and certified by an RF engineer, stating
that RFR measurements are accurate and meet FCC Guidelines as specified
in the radio frequency standards section of this article. The Town
may thereafter require the owner or operator of any personal wireless
facility to certify the facility's compliance with the FCC Guidelines
and/or other applicable regulations regarding maximum permissible
exposure upon reasonable notice and at reasonable intervals.
B.
After the personal wireless service facility is operational, the
applicant shall submit, within 90 days of beginning operations, existing
measurements of noise from the personal wireless service facility.
Such measurements shall be signed by an acoustical engineer, stating
that noise measurements are accurate and meet the noise standards
subsection of this article. The Town may thereafter require the owner
or operator of any personal wireless facility to certify the facility's
compliance with applicable conditions of approval and/or with the
noise standards of this article upon reasonable notice and at reasonable
intervals.
C.
The landowner, owner, and operator of any personal wireless service
facility shall maintain the personal wireless service facility in
good condition. Such maintenance shall include, but shall not be limited
to, painting, structural integrity of the mount and security barrier,
and maintenance of the buffer areas and landscaping. The Town may
require the owner or operator of any such facility to certify the
structural integrity of the facility upon reasonable notice and at
reasonable intervals.
A.
Any owner, operator, or licensed carrier that plans to abandon or
discontinue operation of a personal wireless service facility in the
Town shall 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 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the personal wireless service facility shall be considered
abandoned upon discontinuation of operations.
B.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the personal wireless service facility within 90 days from
the date of abandonment or discontinuation of use. "Physically remove"
shall include, but not be limited to:
(1)
Removal of all unused antennas, mounts, equipment shelters and
security barriers from the subject property.
(2)
Proper disposal of the waste materials from the site in accordance
with local and state solid waste disposal regulations.
(3)
In cases where the use of a mount is completely discontinued,
or where the circumstances otherwise make it clear that the mount
has been abandoned, the landowner, the owner of the mount and any
former operator of the mount shall restore the location of the personal
wireless service facility to its natural condition, except that any
landscaping and grading shall remain in the aftercondition.
C.
If a carrier fails to physically remove a personal wireless service
facility in accordance with this section of this article, the Town
shall have the authority to enter the subject property and physically
remove the facility. The Planning Board shall require the applicant
to post a bond at the time of construction to cover costs for the
removal of the personal wireless service facility in the event the
Town must remove the facility.
