[Amended 3-14-2000]
[Amended 3-10-2020]
It is the intent of this article to regulate the placement of wireless telecommunication facilities within the Town of Bedford in a manner consistent with federal and state policies and law, and with appropriate municipal land use regulations that will ensure compatibility with the public interest in conserving and enhancing property values, protecting the public health, safety and welfare, and minimizing the visual and environmental impact of such facilities on the natural landscape within Bedford. These regulations are necessary in order to achieve the following purposes:
A. 
To preserve the authority of the Town to regulate the siting of telecommunication facilities in order to provide effective and efficient wireless telecommunication services to the residents and businesses of the municipality;
B. 
To minimize the adverse impacts of wireless telecommunication facilities, including, but not limited to, impacts on aesthetics, environmentally sensitive areas, the character of existing neighborhoods, historic areas, scenic viewsheds, flight corridors, public health and safety by injurious accidents to persons and property, and adverse impacts to property values;
C. 
To minimize adverse impacts of wireless telecommunication facilities by requiring a thorough assessment of all siting and design options for proposed facilities, including a review of proposed technology, current and future location options, innovative siting techniques, and the use of stealth techniques to screen antennas and equipment to the maximum extent possible;
D. 
To permit the construction of new commercial ground-mounted facilities only where all other reasonable opportunities have been exhausted;
E. 
To encourage the placement of new ground-mounted facilities in the commercial districts and along the Town’s major thoroughfares;
F. 
To require co-location and cooperation to the greatest extent possible between wireless telecommunication competitors in order to reduce the cumulative impact of multiple towers in Town; and
G. 
To provide for the safe and prompt removal of abandoned facilities and for the upgrading of facilities that are technologically outdated.
For the purpose of this article, the following terms shall have the meaning given herein:
ANTENNA
Any exterior apparatus designed for telephonic, radio, or television communications through sending and/or receiving of electromagnetic waves.
FALL ZONE
The area on the ground from the base of a ground-mounted wireless telecommunications facility that forms a circle with a diameter equal to twice the height of the facility, including any antennas or other appurtenances. (See Figure A.)
Figure A
Fig A grayscale.tif
HEIGHT
The height above the average existing ground level adjoining the structure.
MOUNT
The structure or surface upon which antennas are mounted, including the following four types of mounts:
A. 
ROOF-MOUNTEDMounted on the roof of a building.
B. 
SIDE-MOUNTEDMounted on the side of a building.
C. 
GROUND-MOUNTEDmounted on the ground.
D. 
STRUCTURE-MOUNTEDMounted on a structure other than a building such as a water tank/tower.
STEALTH FACILITY
Any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like a light pole, clock tower, pine tree or similar alternative designs.
WIRELESS TELECOMMUNICATIONS FACILITIES
Wireless telecommunications facilities with equipment used to promote or facilitate wireless voice or data transmission. Wireless communications facilities are limited to the following: facilities used to send and receive signals for cellular telephones and pagers, wide-area specialized mobile radio (SMR), digital devices and facilities known as personal communication services (PCS), and radio broadcast antennas.
A. 
Signage. No advertising signage of any type shall be permitted on wireless telecommunications structures or facilities, including logos, banners, flags, or combinations of paint colors associated with corporate identification.
B. 
Location. Wireless telecommunications facilities shall be permitted in all zoning districts.
(1) 
Noncommercial wireless service facilities less than six feet in height and/or 200 square feet in area are not subject to a formal review and do not require a building permit from the Bedford Building Code Official.
(2) 
Amateur (HAM) radio antennas are not subject to a formal review; however, a building permit by the Bedford Building Code Official is necessary for antennas exceeding six feet in height.
(3) 
Commercial wireless service facilities that locate on previously approved towers, utility poles or related structures do not require a formal review; however, a building permit by the Bedford Building Code Official is still necessary.
(4) 
Commercial wireless telecommunications facilities to be located on roofs, walls, or other existing structures such as water tanks/towers, do not require a special exception by the Zoning Board of Adjustment. Such facilities are subject to the requirements set forth in § 275-40 below and Nonresidential Site Plan Review by the Bedford Planning Board and shall require issuance of a building permit from the Bedford Building Code Official.
(5) 
New commercial ground mount wireless telecommunications facilities may be permitted by Special Exception of the Zoning Board of Adjustment upon the applicant proving that a wireless telecommunications facility is necessary and that there are no existing structures that are suitable to locate its wireless telecommunications facility. New commercial ground mount facilities must not exceed 130 feet in height above the average existing ground level adjoining the structure. New ground mount wireless telecommunications facilities are subject to § 275-41, § 275-43, and Nonresidential Site Plan Review by the Bedford Planning Board and shall require issuance of a building permit from the Bedford Building Code Official. The Zoning Board of Adjustment has the option to hire an engineer of their choosing paid for by the applicant.
C. 
Transfer to noncommercial entity. Any wireless structure that ceases to provide service for a commercial use cannot be transferred, sold or donated to a noncommercial entity. In addition, the structure cannot be used for noncommercial use after ceasing to provide commercial service.
D. 
Annual declaration. The owner of a wireless telecommunications facility shall file on or before January 1 of each year, a declaration with the Zoning Administrator on a form that may be obtained from the Town offices as to the continuing operation of every facility installed subject to these regulations. Failure to do so shall be determined to mean that the facility is no longer in use and considered abandoned, thus subject to the provisions of § 275-45. Should the ownership of the facility change, the Town shall be notified of the new ownership and mailing address.
The placement of wireless telecommunication antennas on roofs or walls may be permitted by the Planning Board subject to standards set forth in § 275-42 and if the provisions below are met. In the case of preexisting nonconforming structures, roof- and wall-mounted antennas and their equipment shelters shall not increase any nonconformities.
A. 
Roofs mounts. When a wireless telecommunications facility exceeds six feet in height, it must be of stealth design such as a chimney, steeple, or cupola. Issuance of a building permit from the Bedford Building Code Official is required for all roof mounts.
B. 
Side mounts. Wireless telecommunications facilities that are side-mounted shall not extend more than six feet above the roofline without being of stealth design. Issuance of a building permit form the Bedford Building Code Official is required for all side mounts.
C. 
Historic District.
(1) 
Any wireless telecommunications facility located on or within a structure shall not alter the character-defining features and distinctive construction methods.
(2) 
Any alteration made to a structure within the Historic District to accommodate a wireless telecommunications facility shall be fully reversible.
(3) 
Wireless telecommunications facilities authorized by this subsection shall be concealed within or behind existing architectural features, or shall be located so that they are not visible from public roads and viewing areas.
(4) 
Wireless telecommunications facilities located in the Bedford Historic District shall comply with Article VII of this chapter.
A. 
Burden of proof. The applicant shall have the burden of proving that there are no existing structures that are suitable to locate its wireless telecommunications facility; that the proposed facility will fill an existing significant gap in the ability of remote users to access the national telephone network; that the manner in which the applicant proposes to fill the significant gap in service is the least intrusive manner with respect to visual impact, environmental impact and safety. This will require a showing that a good-faith effort has been made to identify and evaluate less intrusive alternatives, including that the provider has considered less sensitive sites, alternative system designs, alternative tower designs or placement of antennas on existing structures. To meet that burden, all applications made to the Zoning Board of Adjustment for a special exception must be accompanied by the following:
(1) 
A location plan of other existing commercial wireless telecommunications towers or antennas within a three-mile radius of the proposed site for a new facility, with complete documentation (including financial information) to justify why the proposed facility cannot utilize an existing or approved tower, building, antenna, equipment area or other existing structure within a three-mile radius for the following reasons:
(a) 
The planned equipment would exceed the structural capacity of an existing or approved tower, building, antenna, equipment area, or other existing structure as documented by a qualified structural engineer licensed in New Hampshire, and the existing or approved tower, building, antenna, equipment area or other existing structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. Documentation with the stamp of the structural engineer must be submitted to the Board of Adjustment with the location plan.
(b) 
The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at an existing or approved tower, building, antenna, equipment area or other existing structure as documented by a qualified radio frequency (RF) engineer and the interference cannot be prevented at a reasonable cost.
(c) 
Existing or approved towers, buildings, antennas, equipment areas, or other existing structures within the three-mile search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified RF engineer.
(d) 
Other unforeseen reasons which make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower, building, antenna, equipment area, or other existing structure.
(2) 
A list of all contacts made with owners of potential sites regarding the availability of potential space for a wireless telecommunications facility.
(3) 
Copies of all letters of inquiry made to owners of existing structures that are suitable to locate its wireless telecommunications facility, requesting a reply within 30 days, and letters of rejection. If responses are not received within 30 days of postmark, they may be considered unanswered and return receipt requested forms from the United States Post Office shall be provided.
(4) 
If the application claims that a structure is not capable of physically supporting proposed wireless telecommunications equipment, this claim must be certified by a qualified structural engineer licensed in New Hampshire and submitted to the Zoning Board of Adjustment. The certification shall, at a minimum, explain the structural issues and demonstrate that the structure cannot be modified to support the wireless telecommunications facility without unreasonable costs.
B. 
Master plan. A master plan of the applicant's ultimate transmission proposal for the Town of Bedford, including the number of facilities that will be needed to provide uninterrupted service within Bedford and general locations for any necessary future facilities to effectuate the applicant's master plan.
C. 
Radio frequency coverage analysis. A coverage analysis for the proposed site shall include, at a minimum, two antenna heights with a minimum 10 feet of separation. In addition, the applicant shall provide a composite map showing all proposed and existing sites within a ten-mile radius from the proposed site as well as a summary sheet identifying the following for each site propagated.
(1) 
Coordinates.
(2) 
Transmitter effective radiated power.
(3) 
Receive signal threshold.
(4) 
Antenna height.
(5) 
Antennas used with sectors.
D. 
Viewshed analysis. A viewshed analysis, including photographs of a crane or a balloon moored at the site indicating the visibility of the proposed structure from all abutting streets and other key locations as determined by the Zoning Administrator. The use of a crane or balloon shall be at the choice of the Zoning Board of Adjustment. Public notification is required seven days in advance in the local daily newspaper of wide circulation.
[Amended 3-14-2017]
E. 
Aesthetic impact mitigation proposal. An aesthetic impact mitigation proposal which should include existing and proposed landscaping, proposed site grading, proposed limits of clearing, siting considerations relative to surrounding topography, color, camouflage, disguise mechanisms (i.e., disguising a monopole as a pine tree or a light pole), or other mitigation techniques.
F. 
Radio frequency radiation emission. The applicant shall provide appropriate documentation calculating the radio frequency radiation emission per current Federal Communications Commission (FCC) regulations taking into account all current users of the structure. A copy of the document must be forwarded to the Building Code Official at time of building permit application;
G. 
Co-location.
(1) 
No special exception or nonresidential site plan review will be required if a company chooses to utilize an existing or approved tower, building, equipment area, or other existing structure. A building permit from the Building Code Official will still be required. The co-locator shall also supply the Building Code Official with appropriate documentation calculating the radio frequency radiation emission per current Federal Communications Commission (FCC) regulations taking into account all current users of the structure.
(2) 
Each commercial carrier application for a new wireless telecommunications facility shall submit a written confirmation to the Zoning Board of Adjustment specifying that the carrier agrees to design and construct the new facility to structurally accommodate the equipment of at least two carriers, including the applicant. The spacing shall be based upon 10 feet per carrier, utilization of three sectors and a total of 12 antennas per carrier. The written document must also specify that the applicant agrees to provide for shared use of the proposed facility to maximum structural capacity at industry standard lease rates.
(3) 
The applicant shall also submit a shared use evaluation form which provides notice to all commercial carriers in the region that a new wireless telecommunications facility is proposed to be erected and that a potential opportunity for co-location exists.
A. 
All applications made to the Bedford Planning Board for a site plan approval must be accompanied by the following:
(1) 
Nonresidential site plan per § 275-16 of this chapter;
(2) 
Bond for removal as set forth in § 275-44B below;
(3) 
A copy of the relevant portion of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site.
B. 
In the case of antennas mounted on roofs, walls, or other structures, such as a water tank/tower, the applicant shall also be required to submit the following additional information to the Planning Board for review:
(1) 
The applicant shall provide a composite map showing all proposed and existing sites within a ten-mile radius from the proposed site as well as a summary sheet identifying the following for each site propagated:
(a) 
Coordinates.
(b) 
Transmitter effective radiated power.
(c) 
Receive signal threshold.
(d) 
Antenna height.
(e) 
Antennas used with sectors.
(2) 
A report prepared by a qualified and licensed structural engineer licensed in New Hampshire indicating the existing structure's suitability to accept the antenna and the proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings, and the precise point of attachment shall be indicated. A viewshed analysis in accordance with § 275-41D may be required at the discretion of the Planning Board.
New commercial ground-mounted wireless telecommunications facilities shall be designed in accordance with the following:
A. 
Height.
(1) 
The height of any such wireless telecommunications facilities must not exceed 75 feet above the average existing ground level adjoining the structure in the Residential and Agricultural District and the General Residential District and must not exceed 130 feet above the average existing ground level adjoining the structure in all other districts. A favorable written recommendation from the Manchester Airport must be received by the Zoning Board of Adjustment if the proposed structure would be located within a five-mile radius of this airport.
[Amended 3-13-2018]
(2) 
Any request for a wireless telecommunications facility that exceeds 130 feet in height must obtain a variance from the Zoning Board of Adjustment and a favorable written recommendation from the Manchester Airport.
(3) 
All applicants must comply with the requirements of the Federal Aviation Administration's (FAA) Advisory Circular AC 70/7460.2J and must file notification to the FAA when required. No action shall be taken until such time as the FAA has made a formal determination of impacts.
B. 
Stealth design. Towers and antennas shall be designed to blend into the surrounding environment through the use of architectural treatment, stealth design, and use of color except in instances where the color is dictated by federal and state authorities such as the Federal Aviation Administration. Disguise mechanisms are require unless the applicant proves to the Zoning Board that natural conditions surrounding the facility mitigate visual impacts to the Board's satisfaction.
C. 
Equipment shelters. All equipment for new commercial ground-mounted facilities, including but not limited to generators and cabinets, must be housed within an equipment shelter. The equipment shelter shall be designed in accordance with one of the following requirements:
(1) 
Equipment shelters shall be located in underground vaults; or
(2) 
Equipment shelters shall be designed so that the shelters are architecturally consistent, with respect to materials and appearance, to the buildings in the area of the wireless telecommunications facility.
D. 
Landscaping requirements. All ground-mounted wireless telecommunications facilities shall require a landscaping plan that provides for screening the base of the facility and all equipment with existing vegetation and new plantings.
E. 
Fall zone. A new ground wireless telecommunication facility must comply with the setback requirements for the zoning district in which it is located, or be set back 100% of its height from all property lines, habitable dwellings, businesses, institutional or public facilities, whichever is greater. Exceptions: In all districts, except the Residential Agricultural District and the General Residential District, the setback may be reduced by the Zoning Board of Adjustment upon a showing by the applicant that the facility is designed to collapse in a manner that will not harm other property. In the Residential Agricultural District and the General Residential District, all wireless telecommunication facilities must be set back at least 750 feet from the nearest residentially zoned property.
[Amended 3-13-2018]
F. 
Minimum lot size. In the Residential and Agricultural District and the General Residential District, the minimum lot size for commercial ground-mounted facilities shall be five acres.
[Added 3-10-2020]
A. 
Maintenance. The owner shall maintain the wireless telecommunications facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and replacement of dead and dying landscaping.
B. 
Security for removal.
(1) 
Each commercial carrier who receives approval for a new wireless telecommunications facility shall submit a removal bond issued to the Town of Bedford to guarantee that the facility will be dismantled and removed within 90 days of cessation of wireless telecommunications use. The amount of the surety shall also include all site reclamation costs deemed necessary and reasonable to return the site to its pre-construction condition, including the removal of roads, and reestablishment of vegetation. The amount of the surety shall be based upon the removal and restoration costs, plus 15%, provided by the applicant and certified by a qualified professional engineer licensed in New Hampshire.
(2) 
The owner of the facility shall provide the Zoning Administrator with a revised removal and restoration cost estimate and structural evaluation prepared by a professional structural engineer licensed in New Hampshire every five years from the date of the Planning Board's approval of the site plan. If the cost has increased more than 15%, then the owner of the facility shall provide a new bond for the removal and restoration cost plus 15%.
Abandoned towers shall be removed as follows:
A. 
At such time that a carrier plans to cease wireless telecommunications use, such carrier will notify the Town by certified United States mail of the proposed date of cessation of wireless telecommunications use. The Zoning Administrator shall notify the owner of the land by certified mail of the planned cessation of use and order the removal of the facility within 90 days of receipt of the written notice.
B. 
If the wireless telecommunications facility is not removed within this time period, the Planning Board shall, after holding a public hearing with notice to the owner and abutters, issue of declaration of abandonment. At such time, the municipality may remove the wireless telecommunications facility and return the site to its pre-construction condition by utilizing the funds posted by financial surety to the Town previously mentioned.