[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and for the upgrading of facilities that are technologically outdated.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:
Any exterior apparatus designed for telephonic, radio, or
television communications through sending and/or receiving of electromagnetic
waves.
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.)
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Figure A
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The height above the average existing ground level adjoining
the structure.
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 such as a water tank/tower.
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 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.
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.
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:
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:
(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:
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.
