[HISTORY: Adopted by the Board of Aldermen of the City of Nashua 10-23-2001 by Ord. No. O-01-194; amended 5-14-2002 by Ord. No. O-02-39 (Sec. 6-22 of the 1987 Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Communication towers and antennas — See Ch. 190, § 190-38.
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
ANTENNA
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, and satellite dishes, and omnidirectional antennas, such as whip antennas, but excluding television and radio reception antennas, amateur radio transmission antennas, and municipal, state, or federal emergency services antennas.
COMMUNICATIONS TOWER
Any ground- or roof-mounted pole, spire, structure, or combination thereof higher than 50 feet freestanding or 20 feet from the tower's point of contact with a roof or water tank, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade. Television and radio reception antennas, amateur radio transmission antennas, and municipal, state, or federal emergency services antennas are excluded.
[Amended 8-9-2011 by Ord. No. O-10-44]
A. 
It shall be unlawful for any person, firm, or corporation to erect, construct, locate, replace, alter, extend, or repair any communication tower or antenna without first making application to the building and inspection department and securing a permit therefor as hereinafter provided.
B. 
The applicant shall provide at the time of application sufficient information to indicate that construction, installation, and maintenance of the communication tower or antenna will not create a safety hazard or damage the property of other persons.
C. 
Permits are not required for:
(1) 
Adjustment or replacement of the same or significantly similar elements of an antenna array affixed to a communications tower or other structure, provided that the adjustment or replacement does not reduce the safety factor.
(2) 
Communications towers or antennas erected temporarily for test purposes, for emergency communications, or for broadcast remote pick-up operations, provided that all requirements of § 123-4 are met. Temporary communications towers or antennas shall be removed within 72 hours following installation.
The fee to be paid is that prescribed under the permit fee schedule in § 150-22 of Chapter 150, Building Construction, of the City Code.
All communications towers and antennas erected, constructed, or located within the City, and all wiring thereof, shall comply with the following requirements:
A. 
All applicable provisions of this chapter.
B. 
Communications towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the adopted Building Code of the City of Nashua and the Electronics Industry Association.
C. 
With the exception of preapproved, necessary electric and telephone service and connection lines, no part of any communications tower or antenna nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line.
D. 
Communications towers and antennas shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.
E. 
All signal and remote control conductors of low energy extending substantially horizontally above the ground between a communications tower or antenna and a structure, or between communications towers, shall be at least eight feet above the ground at all points, unless buried underground.
F. 
Every communications tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.
G. 
All communications towers shall be constructed to conform to the requirements of the Occupational Safety and Health Administration.
H. 
Metal communications towers shall be constructed of, or treated with, corrosive resistive material. Wood poles shall be impregnated with rot-resistant substances.
I. 
Communications towers and antennas shall not be erected in any residentially classed district in violation of the following restrictions:
(1) 
Notwithstanding any other provisions of the Nashua City Code, the required setback from all lot lines for communications towers and antennas shall be the greater of 400 feet from all lot lines or the towers' height, as defined in NRO § 190-38E.
[Amended 8-9-2011 by Ord. No. O-10-44]
(2) 
No communications tower shall be in excess of a height equal to the distance from the base of the communications tower and antenna to the nearest overhead electrical power line which serves more than one dwelling or place of business, less five feet.
Communications towers and antennas in existence as of January 1, 1998, which do not conform to or comply with this chapter are subject to the following provisions:
A. 
Communications towers and antennas may continue in use for the purpose now used and as now existing but may not be replaced, extended, or structurally altered without complying in all respects with this chapter.
B. 
If such communications towers or antennas are hereafter damaged or destroyed due to any reason or cause whatsoever, the communications towers or antenna may be repaired and restored to their former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this chapter; provided, however, that if the cost of repairing the communications tower or antenna to its former use, physical dimensions, and location would be 10% or more of the cost of a new communications tower or antenna of like kind and quality, then the communications tower or antenna may not be repaired or restored except in full compliance with this chapter.
No communications tower or antenna shall have affixed or attached to it in any way except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Agency or the Federal Communications Commission, nor shall any tower have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair.
All communications towers or antennas may be inspected at least once each year by an official of the Department of Building Safety to determine compliance with original construction standards. Deviation from original construction for which a permit is obtained constitutes a violation of this chapter. Notice of violations will be sent by registered mail to the owner of the commercial wireless telecommunications service or the property owner and he or she will have 30 days from the date the notification is issued to make repairs. The owner will notify the Department of Building Safety that the repairs have been made, and as soon as possible thereafter, another inspection will be made and the owner notified of the results.
It is not the intention of this chapter to interfere with, abrogate, or annul any covenant or other agreement between parties, provided, however, where this chapter imposes a greater restriction upon the use or premises for communications towers or antennas than is imposed or required by other ordinances, rules, regulations, or permits, or by covenants and agreements, the provisions of this chapter shall govern.