Sample Legislation: Camouflaging Telecommunications Towers
Cell towers are popping up everywhere, but wouldn't it be nice if they weren't so obvious? One of the
most popular types of legislation we see these days is on telecommunications towers. Some legislation
goes into detail about how to camouflage towers and antennas, as the visual impact is often hotly
debated. This legislation defines "alternative tower structure" to include man-made trees, clock towers,
bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal
the presence of antennas or towers. Requirements include that towers shall be camouflaged, or
documentation must be provided as to why camouflaging is not feasible; and that materials, colors,
textures, screening and landscaping that will blend towers into the natural setting and surrounding
buildings must be used. Lighting, fencing, landscaping and buffer requirements are also addressed. A
visual impact analysis may be required, which uses photographs and a crane to simulate the height of
the proposed tower, in order to assess the cumulative impact of the proposed facility. If your
community does not have camouflage requirements for towers and antennas, but you'd like more
information about it, simply read on…
Sample Ordinances:
Clifton Park, C. NJ: § 461-24.4I
Lower Saucon, Twp. PA: § 180-127.1
Hillsborough, T. MA: Ch. 229, Art. XII
Clifton Park, C. NJ:
§ 461-24.4. Wireless telecommunications towers and antennas. [Added 10-7-1997 by Ord. No. 5917-97]
(1) The purpose of this section is to establish general guidelines for the siting of wireless
communications towers and antennas. The goals of this section are to:
(a) Provide guidelines which allow for the siting of cellular towers within the boundaries of the City of
Clifton.
(b) Provide for the ever expanding communications needs of the City of Clifton, its residents and
business community.
(2) Within those goals the objectives of this section are to:
(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b) Encourage the location of towers in non-residential areas.
(c) Minimize the total number of towers throughout the community.
(d) Strongly encourage the joint use of new and existing tower sites as a primary option rather than
construction of additional single-use towers.
(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the
adverse impact on the community is minimal.
(f) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual
impact of the towers and antennas through careful design, siting, landscape screening and innovative
camouflaging techniques.
(g) Enhance the ability of the providers of telecommunications services to provide such services to the
community quickly, effectively and efficiently.
(h) Consider the public health and safety of communication towers.
(i) Avoid potential damage to adjacent properties from tower failure through engineering and careful
siting of tower structures.
(3) In furtherance of these goals and objectives, the City of Clifton shall give due consideration to the
City of Clifton's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in
approving sites for the location of towers and antennas.
ALTERNATIVE TOWER STRUCTURE — Man-made trees, clock towers, bell steeples, light poles and similar
alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA — Any exterior transmitting or receiving device mounted on a tower, building or structure
and used in communications that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other
communication signals.
COLOCATION — Placing more than one exterior transmitting or receiving device on one physical
structure at one location.
BACKHAUL NETWORK — The lines that connect a provider's towers/cell sites to one or more cellular
telephone switching offices and/or long distance providers or the public switched telephone network.
FAA — The Federal Aviation Administration.
FCC — The Federal Communications Commission.
HEIGHT — When referring to a tower or other structure, the distance measured from the lowest
finished grade of the parcel to the highest point on the tower or other structure, including the base pad
and any antenna.
PREEXISTING TOWERS and PREEXISTING ANTENNAS — Any tower or antenna for which a building permit
or conditional use permit has been properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed so long as such approval is current
and not expired.
TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one or
more antennas for telephone, radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes radio and television transmission
towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower
structures and the like. The term includes the structure and any support thereto.
(1) New towers and antennas. All new towers or antennas in the City of Clifton shall be subject to these
regulations, except as provided in Subsection C(2) through C(4), inclusive.
(2) Amateur radio station operators/receive only antennas. This section shall not govern the installation
of any antenna owned and operated by an amateur radio operator and used exclusively for receive only
antennas and for private noncommercial purposes, which shall be regulated elsewhere in the Code of
the City of Clifton.
(3) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to
meet the requirements of this section, other than the requirements of Subsections D(6)) and (7); absent
any enlargement or structural modification of the addition of any structures.
(4) AM array. For purposes of implementing this section, an AM array, consisting of one or more tower
units and supporting ground system which functions as one AM broadcasting antenna, shall be
considered one tower. Measurements for setbacks and separation distances shall be measured from the
outer perimeter of the towers included in the AM array. Additional tower units may be added within the
perimeter of the AM array by right.
(1) Principal or accessory use. Antennas and towers may be considered either principal or accessory
uses. A different existing use of an existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot. Notwithstanding the foregoing, any proposed accessory use on a
property shall require a site plan application before the Planning Board.
(2) Lot size. For purposes of determining whether the installation of a tower or antenna complies with
zone development regulations, including but not limited to setback requirements, lot coverage
requirements and other such requirements, the dimensions of the entire lot shall control, even though
the antennas or towers may be located on leased parcels within such lot.
(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning
Officer an inventory of its existing towers, antennas or sites approved for towers or antennas that are
either within the jurisdiction of the City of Clifton or within one mile of the border thereof, including
specific information about the location, height and design of each tower. The Zoning Officer may share
such information with other applicants applying for administrative approvals or conditional use permits
under this section or other organizations seeing to locate antennas within the jurisdiction of the City of
Clifton; provided, however that the Zoning Officer is not, by sharing such information, in any way
representing or warranting that such sites are available or suitable.
(4) Aesthetics. Towers and antennas shall meet the following requirements:
(a) Applicants must provide camouflaging as defined by the term "alternative tower structure" or
provide documentation as to why camouflage is not feasible.
(b) The tower shall either maintain a galvanized steel finish or meet the applicable standards of the FAA.
If the tower is not to be camouflaged by an alternative tower structure, the tower is to be painted a
neutral color so as to reduce visual obtrusiveness.
(c) Whether a tower is camouflaged or not at a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that
will blend them into the natural setting and surrounding buildings.
(d) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical
and mechanical equipment must be a neutral color that is identical to or closely compatible with the
color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
(5) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the lighting alternatives and design chosen must cause the least
disturbance to the surrounding views.
(6) State or federal requirements. All towers must meet or exceed current standards and regulations of
the FAA, the FCC and any other agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed, then the owners of the towers and
antennas governed by this section shall bring such towers and antennas into compliance with such
revised standards and regulations within six months of the effective date of such standards and
regulations, unless a different compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with such revised standards and
regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the City of Clifton concludes that a
tower fails to comply with such codes and standards and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower into compliance within said 30
days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8) Measurement. For purposes of measurement, tower setbacks and separation distances shall be
calculated and applied to facilities located in the City of Clifton irrespective of municipal and county
jurisdictional boundaries.
(9) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this
section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(10) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required
by law for the construction and/or operation of a wireless communication system in the City of Clifton
have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(11) Public notice. For purposes of this section, any conditional use request, variance request or appeal
of an administratively approved use or conditional use shall require public notice to all abutting property
owners and all property owners of properties that are located within the corresponding separation
distance listed in Subsection G(2)(e)[2][b], Table 2, in addition to any notice otherwise required by
this chapter.
(12) Signs. No signs shall be allowed on an antenna or tower.
(13) Buildings and support equipment. Buildings and support equipment associated with antennas or
towers shall comply with the requirements of any and all applicable federal, state and municipal
building codes.
(14) Multiple antenna/tower plan. The City of Clifton encourages the users of the towers and antennas
to submit application for approval of multiple towers and/or antenna sites. No application for a singleuse tower shall be approved without substantial proof that no collocation was possible and that building
for future collocation is not feasible.
(1) General. The uses listed in this subsection are deemed to be permitted uses and shall not require
administrative approval or a conditional use permit.
(2) Permitted uses. The following uses are specifically permitted:
(a) Antennas or towers located on property owned, leased or otherwise controlled by the City of Clifton,
provided that a license or lease authorizing such antenna or tower has been approved by the City of
Clifton. However, the city may, as a condition of such lease, require site plan approval. The decision to
extend such leases to an applicant shall be vested solely with the municipality and shall not be governed
by this section.
(b) Antennas or towers located in the M-1 and M-2 Zones so long as the requirements in Subsections D,
G(2)(e)[1], G(2)(g) and I are met. [Amended 7-6-1999 by Ord. No. 6063-99]
(1) General. The following provisions shall govern the issuance of administrative approvals for towers
and antennas.
(a) The Zoning Officer may administratively approve the uses listed in this subsection.
(b) Each applicant for administrative approval shall apply to the Zoning Officer providing the information
set forth in this section and a nonrefundable fee as established by resolution of the governing body of
the municipality to reimburse the City of Clifton for the costs of reviewing the application.
(c) The Zoning Officer shall review the application for administrative approval and determine if the
proposed use complies with Subsections D, G(2)(d)[2] and G(2)(e)[2] of this section.
(d) The Zoning Officer shall respond to each such application within 60 days after receiving it by either
approving or denying the application. If the Zoning Officer fails to respond to the applicant within said
60 days, then the application shall be deemed to be approved.
(e) In connection with any such administrative approval, the Zoning Officer may, in order to encourage
shared use, administratively waive any zoning district setback requirements in Subsection G(2)(d) or
separation distances between towers in Subsection G(2)(e) by up to 50%, but only for applications
colocating on an already approved site.
(f) In connection with any such administrative approval, the Zoning Officer may, in order to encourage
the use of monopoles, administratively allow the reconstruction of an existing tower to
monopole construction.
(2) List of administratively approved uses. The following uses may be approved by the Zoning Officer
after conducting an administrative review:
(a) Locating antennas on existing structures or towers consistent with the terms of Subsections
F(2)(a)[1] and [2] below.
[1] Antennas on existing structures. Any antenna which is not attached to a tower may be approved by
the Zoning Officer as an accessory use to any commercial, industrial, professional or institutional
structure, provided that:
[a] The antenna, as measured from the lowest grade, does not extend more than the maximum building
height for the zone wherein the structure is located.
[b] The antenna complies with all applicable FCC and FAA regulations.
[c] The antenna complies with all applicable building codes.
[2] Antennas on existing towers. An antenna which is attached to an existing tower may be approved by
the Zoning Officer and, to minimize adverse visual impacts associated with the proliferation and
clustering of towers, colocation of antennas by more than one carrier on existing towers shall take
precedence over the construction of new towers, provided that such colocation is accomplished in a
manner consistent with the following:
[a] A tower is modified or reconstructed to accommodate the colocation of an additional antenna shall
be of the same tower type as the existing tower, unless the Zoning Officer allows reconstruction as
a monopole.
[b] Height.
[i] An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower
height established by this section.
[ii] The height change referred to in Subsection F(2)(a)[b][i] may only occur one time per
communication tower.
[iii] The additional height referred to in Subsection F(2)(a)[2][b][ii] shall not require an additional
distance separation as set forth in Subsection G. The tower's premodification height shall be used to
calculate such distance separations.
[c] On-site location.
[i] A tower which is being rebuilt to accommodate the colocation of an additional antenna may be
moved onsite within 50 feet of its existing location.
[ii] After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.
[iii] A relocated onsite tower shall continue to be measured from the original tower location for
purposes of calculating separation distances between towers pursuant to Subsection G(2)(e). The
relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection G(2)(e).
(1) General. The following provisions shall govern the issuance of conditional use permits for towers or
antennas by the Planning Board:
(a) If the tower or antenna is not a permitted use under Subsection E of this section or permitted to be
approved administratively pursuant to Subsection F of this section, then a conditional use permit shall
be required for the construction of a tower or the placement of an antenna in all nonresidential zoning
districts.
(b) Applications for conditional use permits under this subsection shall be subject to the procedures and
requirements of Article VI of this chapter, except as modified in this subsection.
(c) In granting a conditional use permit, the Planning Board may impose conditions to the extent that
the Planning Board concludes such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(d) Any information of an engineering nature that the applicant submits, whether civil, mechanical or
electrical, shall be certified by a licensed professional engineer.
(e) An applicant for a conditional use permit shall submit the information described in this subsection
and a nonrefundable fee as established by the City Engineer and Attorney to reimburse the City of
Clifton for the costs of reviewing the application.
(2) Towers.
(a) Information required. In addition to any information required for applications for conditional use
permits pursuant to Article VI of this chapter, applicants for a conditional use permit for a tower shall
submit the following information:
[1] A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the applicable separation distances set
forth in Subsection G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures, topography, parking and other
information deemed by the Zoning Officer to be necessary to assess compliance with this section.
[2] Legal description of the parent tract and leased parcel (if applicable).
[3] The setback distance between the proposed tower and the nearest residential unit, platted
residentially zoned properties, and unplatted residentially zoned properties.
[4] The separation distance from other towers described in the inventory of existing sites submitted
pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also
identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the
existing tower(s), as applicable.
[5] A landscape plan showing specific landscape materials.
[6] Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
[7] A description of compliance with Subsections D, G(2)(d), G(2)(e) and all applicable federal, state or
local laws.
[8] A notarized statement by the applicant as to whether construction of the tower will accommodate
colocation of additional antennas for future users and if not why it will not.
[9] Identification of the entities providing the backhaul network for the tower(s) described in the
application and other cellular sites owned or operated by the applicant in the municipality.
[10] A description of the suitability of the use of existing towers, other structures or alternative
technology not requiring the use of towers or structures to provide the services to be provided through
the use of the proposed new tower.
[11] A description of the feasible locations of future towers or antennas within the City of Clifton based
upon existing physical, engineering, technological or geographical limitations in the event the proposed
tower is erected.
(b) Factors considered in granting conditional use permits for towers. In addition to any standards for
consideration of conditional use permit applications pursuant to Article VI of this chapter, the Planning
Board shall consider the following factors in determining whether to issue a conditional use permit,
although the Planning Board may waive or reduce the burden on the applicant of one or more of these
criteria if the Planning Board concludes that the goals of this section are better served thereby:
[1] Height of the proposed tower.
[2] Proximity of the tower to residential structures and residential district boundaries.
[3] Nature of uses on adjacent and nearby properties.
[4] Surrounding topography.
[5] Surrounding tree coverage and foliage.
[6] Design of the tower, with particular reference to design characteristics that have the effect of
reducing or eliminating visual obtrusiveness.
[7] Proposed ingress and egress.
[8] Availability of suitable existing towers, other structures or alternative technologies not requiring the
use of towers or structures, as discussed in Subsection G(2)(c) of this section.
(c) Availability of suitable existing towers, other structures or alternative technology. No new tower shall
be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board
that no existing tower, structure or alternative technology that does not require the use of towers or
structures can accommodate the applicant's proposed antenna. An applicant shall submit information
requested by the Planning Board related to the availability of suitable existing towers, other structures
or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or
alternative technology can accommodate the applicant's proposed antenna may consist of any of the
following (although nothing should be construed to infer that meeting one, some or all of the following
shall entitle the applicant to approval):
[1] No existing towers or structures are located within the geographic area which meet applicant's
engineering requirements.
[2] Existing towers or structures are not of sufficient height to meet applicant's
engineering requirements.
[3] Existing towers or structures do not have sufficient structural strength to support applicant's
proposed antenna and related equipment.
[4] The applicant's proposed antenna would cause electromagnetic interference with the antenna on
the existing towers or structures, or the antenna on the existing towers or structures would cause
interference with the applicant's proposed antenna.
[5] The fees, costs or contractual provisions required by the owner in order to share an existing tower or
structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new
tower development by 25% are presumed to be unreasonable.
[6] The applicant demonstrates that there are other limiting factors that render existing towers and
structures unsuitable.
[7] The applicant demonstrates that an alternative technology that does not require the use of towers or
structures, such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or
antenna development shall not be presumed to render the technology unsuitable.
(d) Setbacks. The following setback requirements shall apply to all towers for which a conditional permit
is required; provided, however, that the Planning Board may reduce the standard setback requirements
if the goals of this section would be better served thereby:
[1] Towers must be set back a distance equal to at least 75% of the height of the tower from any
adjoining lot line.
[2] Guy wires and accessory buildings must satisfy the minimum zoning district setback requirements.
[3] No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed
under local ordinance.
(e) Separation. The following separation requirements shall apply to all towers and antennas for which a
conditional use permit is required; provided, however, that the Planning Board may reduce the standard
separation requirements if the goals of this section would be better served thereby.
[1] Separation from off-site uses/designated areas.
[a] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses
and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[b] Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1
Off-Site
Use/Designated
Area
Separation
Distance
Residential,
public parks,
schools or
house of
worship1
500 feet
or 300%
height of
tower,
whichever
is greater
Vacant singlefamily
residentially
zoned land
which is tower,
whichever is
greater either
platted or has
preliminary
subdivision plan
approval which
is not expired
500 feet
or 300%
height of
Vacant
unplatted
residentially
zoned
lands2 tower
whichever is
greater
500 feet
or 200%
height of
Nonresidentially
zoned lands or
nonresidential
uses
None;
only
setbacks
apply
NOTES:
1Including nursing homes and
other similar uses wherein
people are housed or receive
care at least 8 hours per day.
2 Includes any unplatted
residential use properties
without a valid preliminary
subdivision plan or valid plan
approval and any multifamily
residentially zoned land
greater than duplex.
[2] Separation distances between towers shall be applicable for and measured between the proposed
tower and preexisting towers. The separation distances shall be measured by drawing or following a
straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of
the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2
Types of Proposed Towers
Guyed
Monopole
50 feet
in height
Monopole
less than
30 feet
in height
5,000
5,000
1,500
1,000
Guyed
5,000
5,000
1,500
1,000
Monopole
50 feet in
height
1,500
1,500
1,500
1,000
Monopole
less than
30 feet
1,000
1,000
1,000
1,000
Types of
Existing
Towers
Lattice
Lattice
(f) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall
also be equipped with an appropriate anti-climbing device.
(g) Landscaping. The following requirements shall govern the landscaping surrounding towers for which
a conditional use permit is required:
[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view
of the tower compound from property used for residences or planned residences. The standard buffer
shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2] In locations where the visual impact of the tower would be minimal, the landscaping requirement
may be reduced.
[3] Existing mature tree growth and natural land forms on the site shall be preserved to the maximum
extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the
property perimeter may be sufficient buffer.
(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association
with antennas shall comply with the following:
(a) The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more
than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the
related unmanned equipment structure shall be located on the ground and shall not be located on the
roof of the structure.
(b) If the equipment structure is located on the roof of a building, the area of the equipment structure
and other equipment and structures shall not occupy more than 10% of the roof area.
(c) Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2) Antennas mounted on utility poles, light poles or towers. The equipment cabinet or structure used in
association with antennas shall be located in accordance with the following:
(a) In a front or side yard, provided that the cabinet or structure is not greater than six feet in height or
100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot
lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least
42 inches to 48 inches and a planted height of at least 36 inches.
(b) In a rear yard, provided that the cabinet or structure is no greater than eight feet in height or 120
square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an
ultimate height of eight feet and a planted height of at least 48 inches.
(c) In all other instances, structures or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or cabinet by a solid fence six feet in
height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least
72 inches.
(d) Emergency generators shall be located below grade and suitably soundproofed so that noise
volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50
decibels measured at all lot lines shall be imposed.
Purpose.
Definitions. As used in this section, the following terms shall have the meanings set forth below:
Applicability.
General requirements.
Permitted uses.
Administratively approved uses.
Conditional use permits.
Prohibition in residential zones. No tower or alternative tower shall be constructed in any
residential zone.
Buildings or other equipment storage.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a
continuous period of six months shall be considered abandoned, and the owner of such antenna or
tower shall remove the same within 90 days of receipt of notice from the City of Clifton notifying the
owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days
shall be grounds to remove the tower or antenna at the owner's expense, If there are two or more users
of a single tower, then this provision shall not become effective until all users cease using the tower. The
city may condition the issuance of any permit to demolish or remove a tower or antenna on the posting
of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120%
of the cost (as determined by the City Engineer) of such removal, grading and restoration to a state
required under all applicable City Ordinances, including but not limited to the city property
maintenance code.
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming
towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain
administrative approval or a conditional use permit and without having to meet the separation
requirements specified in Subsections G(2)(d) and (e). The type, height and location of the tower on-site
shall be of the same type and intensity as the original facility approval. Building permits to rebuild the
facility shall comply with the then-applicable building codes and shall be obtained within 180 days from
the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower
or antenna shall be deemed abandoned as specified in Subsection J.
Repeaters for city emergency services. All wireless communications towers and antennas must permit
repeaters for use by City of Clifton emergency services, including fire, police and emergency medical
services, without charge to the City of Clifton, unless it is shown that a specific facility is not technically
able to provide proper and adequate service.
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Lower Saucon, Twp. PA:
§ 180-127.1. Commercial communication towers and commercial communication antennas.
Commercial communication towers and commercial communication antennas shall be permitted by
special exception in various zoning districts of the township as described in this chapter but subject to
the regulation and requirements of this chapter, including but not limited to this section; except,
however, no commercial communication antenna shall be permitted to be mounted on a building
containing one or more dwelling units.
(1) A commercial communication tower shall be set back from the nearest property line, street right-ofway line, easement line for an aboveground utility, lease line and/or dwelling unit (if such dwelling unit
is located on the same property as the tower) a distance equal to:
(a) One and one-half times the height of tower; or
(b) The minimum required yard, whichever is greater.
(2) Also, no commercial communication tower shall be located in a floodplain or wetland area as
regulated by § 180-95B (herein).
(1) In accordance with § 180-93D of this chapter, no structure shall exceed a height of 200 feet.
(2) The height of a commercial communication antenna shall be limited to no more than 25 feet above
the building or structure on which it is mounted unless that structure is designed and approved as a
commercial communication tower.
(1) In addition, existing vegetation on and around the site shall be preserved to the greatest extent
possible.
(1) Documentation of FAA approval for commercial communication towers or antennas exceeding 200
feet in height shall be provided. Commercial communication towers or antennas less than 200 feet in
height shall meet the requirements of 14 CFR 77.13(a), as amended.
(2) No commercial communications tower or antenna shall be artificially lighted except when required
and approved by the FAA.
(1) Documentation that the applicant is licensed by the FCC shall be provided.
(2) Documentation of FCC approval for the proposed commercial communication tower and/or antenna
shall be provided.
(3) Documentation demonstrating that the proposed commercial communications tower and/or
antenna complies with all applicable standards established by the FCC governing human exposure to
electromagnetic radiation shall be provided.
(1) The applicant shall demonstrate, using technological evidence, that the commercial communication
tower and/or commercial communication antenna must go where it is proposed in order to satisfy its
function pursuant to the applicant's technological requirements.
(2) Prior to proposing the construction of a new commercial communications tower, the applicant shall
demonstrate that they have made a reasonable effort to site the antenna on an existing structure within
close proximity of the chosen site.
(3) If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing
commercial communication structure), the applicant is required to demonstrate that he or she has
contacted the owners of all tall structures within a one-mile radius of the site proposed, requesting
permission to install the antenna on those structures. The applicant must verify, to the satisfaction of
the Zoning Hearing Board, that reasonable attempts were made to negotiate permission to place his or
her antenna on the tall structure owned by others and that the applicant was denied the request for
reasons other than economic reasons. Tall structures in this section would include, but not be limited to,
structures 50 feet high or taller, smokestacks, water towers, tall buildings, antenna support structures of
other telecommunication companies, other communication towers (fire, police, etc.) and public utility
transmission towers. The Zoning Hearing Board may deny an applicant's request for special exception
approval to construct a new tower if the applicant has not conducted a good faith investigation and
made a good faith effort to obtain permission to mount his or her antenna on an existing tall structure
within this one-mile radius.[Amended 2-3-1999 by Ord. No. 99-1]
(1) The applicant shall be required to undertake a visual impact analysis on any proposed commercial
communications tower or any proposed modification to an existing tower which causes said tower to
exceed 30 feet in height from its original permitted height. The visual impact analysis, in the form of a
written report, shall assess the cumulative impacts of the proposed facility and other existing and
foreseeable commercial communications towers in the area and shall identify and include all feasible
mitigation measures necessary to mitigate any negative visual impact by the proposed tower. Mitigation
measures should be consistent with the technological requirements of the applicant. All township costs
for the review of visual impact analysis, and applicable administrative costs, shall be borne by the
applicant.
(2) The visual impact analysis report shall include but not be limited to the following:
(a) A photograph simulation of predevelopment versus postdevelopment views from key viewpoints,
but from no less than the four sides.
(b) An analysis of possible alternative tower structure designs and color schemes.
(c) An analysis of the visual impact of the tower base, accessory buildings and overhead utility lines from
abutting properties and streets.
(d) If required by the Zoning Hearing Board or the township, an additional simulation of the tower's
visual impact shall be provided by erecting a mechanical construction crane to the proposed height of
the tower at the proposed project site. The applicant shall allow the viewing of the crane simulation by
the Zoning Hearing Board and/or the township and interested parties.
(3) The Zoning Hearing Board and/or the township shall review and consider all information presented
in the report. Measures necessary to mitigate negative visual impacts created by the proposed tower
shall be provided to the satisfaction of the Zoning Hearing Board and the township.
(1) The applicant shall demonstrate that all NEPA requirements, where applicable, for any proposed
commercial communications tower and/or antenna facilities have been met. A copy of the NEPArequired environmental assessment (EA) report shall be submitted when the proposed commercial
communications tower and/or antenna falls into one or more of the following categories:
(a) Facilities that are to be located in an officially designated wildlife preserve.
(b) Facilities that may affect listed threatened or endangered species or designated critical habitats.
(c) Facilities that are likely to jeopardize the continued existence of any proposed endangered or
threatened species or likely to result in the destruction or adverse modification of proposed critical
habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973.
(d) Facilities that may affect districts, sites, buildings, structures or objects, significant in American
history, architecture, archaeology, engineering or culture, that are listed or are eligible for listing in the
National Register of Historic Buildings or Places.
(e) Facilities that may affect a Native American religious site.
(f) Facilities whose construction will involve significant change to surface features, including but not
limited to wetlands, removal of woodland areas or water diversion.
(g) Facilities located within a floodplain.
(h) Facilities that are to be equipped with high-intensity white lights located in
residential neighborhoods.
(2) The applicant shall notify the municipality at least 30 days prior to any hearing or consideration of
the environmental assessment report by the FCC. The applicant shall provide, to the municipality,
documentation demonstrating how any negative impact on the features noted above will be mitigated.
Site plan. A site plan shall be prepared and submitted for any proposed commercial communications
tower and any proposed commercial communication antenna pursuant to applicable Zoning Ordinance
requirements regarding preparation of a site plan. [Added 10-6-1999 by Ord. No. 99-5]
Setback. [Amended 2-3-1999 by Ord. No. 99-1]
Base. The base of a commercial communication tower and any associated guy wire or accessory control
building and off-street parking area shall be surrounded by a secure fence with a minimum height of
eight feet.
Height.
Color. Commercial communication towers under 200 feet in height should be painted silver or have
galvanized finish retained, in order to reduce the visual impact. However, they may be painted green up
to the height of nearby trees. Support structures 200 feet in height or taller shall meet all Federal
Aviation Administration (FAA) regulations.
Lighting. No antenna support structure may be artificially lighted except when required by the FAA. If
lighting is required by the FAA, the minimum lighting required by the FAA shall be the maximum lighting
allowed by the township.
Screening. A screen shall be required to screen the fence surrounding the tower and any other groundlevel features such as a building. A planting screen, as described in § 180-97B, shall be required except
as noted herein. Any combination of existing vegetation, topography, walls, decorative fences or other
features instead of landscaping may be permitted, if they achieve the same degree screening as the
required planting screen. If the commercial communication antenna is mounted on an existing
structure, and other equipment is housed inside an existing structure, landscaping shall not be required.
Parking. A minimum of two off-street parking spaces shall be provided for a commercial
communications tower.
Wind resistance. For any commercial communications tower or antenna higher than 50 feet, the
applicant shall provide certification from a registered professional engineer stating that the commercial
communications tower or antenna meets the wind-resistance requirements stated in the latest version
of the BOCA National Building Code and that the commercial communications tower or antenna is
designed to withstand winds in accordance with ANSI/EIA/TIA 222 (latest revision) standards. The
registered professional engineer shall also certify to the overall structural integrity of the commercial
communications tower or antenna.[Amended 10-6-1999 by Ord. No. 99-5]
Federal Aviation Administration (FAA).
Airport coordination. The applicant for a proposed commercial communications tower or antenna,
located within five miles of an existing airport, shall notify the airport of its intent to place
such structure(s).
Federal Communications Commission (FCC).
Documentation of need.
Removal of commercial communications towers and antennas. If a commercial communications tower
and/or antenna remains unused from its original intent or purpose for a period of 12 consecutive
months, the owner or operator shall dismantle and remove the tower and/or antenna within six months
of notice to do such by the Code Enforcement Officer. Further, the owner or operator of the tower
and/or antenna shall post security in a form acceptable to Lower Saucon Township favoring the Lower
Saucon Township in an amount to cover tower and/or antenna removal and site cleanup. The security
shall be utilized by the Lower Saucon Township in the event that the owner or operator of the tower
and/or antenna fails to remove the tower and/or antenna within six months of notification by the Code
Enforcement Officer.
Exemption. A commercial communications tower or antenna necessary for and primarily used for
emergency communications by a Police Department, fire company, emergency medical service and
other similar public safety organizations is exempt from these requirements.
The maintenance of all structures, foundations, fencing, screening, etc., shall be the responsibility of the
tower/antenna owner.
Maximum number of towers. No more than one commercial communication tower shall be permitted to
be located on one lot. [Added 10-6-1999 by Ord. No. 99-5]
Visual impact analysis. [Added 10-6-1999 by Ord. No. 99-5]
National Environmental Policy Act (NEPA). [Added 10-6-1999 by Ord. No. 99-5]
Equipment shelter. Information shall be provided detailing the contents of the proposed equipment
shelter servicing the proposed commercial communications tower and/or antenna. The information
shall include but not be limited to the type and quantity of oil, gasoline, batteries, propane, natural gas
or any other fuel stored within the shelter. Information shall also be submitted which demonstrates that
any hazardous materials stored on site, including but not limited to fuel sources, shall be housed to
minimize the potential for any adverse impact on adjacent land uses. Materials safety data sheets for
any hazardous material stored or utilized in the equipment shelter shall be submitted to the
municipality. The use of fuels and hazardous materials shall also be consistent with any federal, state or
municipal requirements regarding the same. [Added 10-6-1999 by Ord. No. 99-5]
Hillsborough, T. MA:
Chapter 229
ZONING
ARTICLE XII
Telecommunications
[Added by the ATM 3-14-2000 by Art. 3]
§ 229-72. Authority.
This article was adopted by the Town of Hillsborough on March 14, 2000, in accordance with the
authority as granted in New Hampshire Revised Statutes Annotated 674:16 and 674:21 and procedurally
under the guidance of 675:1, II. It was Article 3 of the 2000 Warrant.
§ 229-73. Purpose and goals.
This article is enacted in order to establish general guidelines for the siting of telecommunications
towers and antennas and to enhance and fulfill the following goals:
Preserve the authority of the Town of Hillsborough to regulate and to provide for reasonable
opportunity for the siting of telecommunications facilities, by enhancing the ability of providers of
telecommunications services to provide such services to the community quickly, effectively
and efficiently.
Reduce adverse impacts such facilities may create, including but not limited to impacts on aesthetics,
environmentally sensitive areas, historically significant locations, flight corridors, health and safety by
injurious accidents to person and property and prosperity through protection of property values.
Provide for collocation and minimal impact siting options through an assessment of technology, current
locational options, future available locations, innovative siting techniques and siting possibilities beyond
the political jurisdiction of the town.
Permit the construction of new towers only where all other reasonable opportunities have been
exhausted and to encourage the users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas.
Require cooperation and collocation, to the highest extent possible, between competitors in order to
reduce cumulative negative impacts upon the town.
Provide constant maintenance and safety inspections for any and all facilities.
Provide for the removal of abandoned facilities that are no longer inspected for safety concerns and
Code compliance and provide a mechanism for the Town of Hillsborough to remove these abandoned
towers to protect the citizens from imminent harm and danger.
Provide for the removal or upgrade of facilities that are technologically outdated.
§ 229-74. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE — Innovative siting techniques that shall mean man-made trees,
clock towers, bell steeples, light poles and similar alternative-design mounting structures that
camouflage or conceal the presence of antennas or towers.
ANTENNA — Any exterior apparatus designed for telephonic, radio, television, personal communications
service (PCS), pager network or any other communications through the sending and/or receiving of
electromagnetic waves of any bandwidth.
FAA — An acronym that shall mean the Federal Aviation Administration.
FCC — An acronym that shall mean the Federal Communications Commission.
HEIGHT — When referring to a tower or other structure, the distance measured from ground level to
the highest point on the tower or other structure, even if said highest point is an antenna.
PLANNING BOARD OR BOARD — The Town of Hillsborough Planning Board and the regulator of
this article.
PREEXISTING TOWERS AND ANTENNAS — Any tower or antenna lawfully constructed or permitted prior
to the adoption of this article and any tower or antenna lawfully constructed in accordance with
this article.
TELECOMMUNICATIONS FACILITIES — Any structure, antenna, tower or other device which provides
commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized
mobile radio communications (SMR) and personal communications service (PCS) and common carrier
wireless exchange access services.
TOWER — Any structure that is designed and constructed primarily for the purpose of supporting one or
more antennas, including self-supporting lattice towers, guy towers or monopole towers. The term
includes radio and television transmission towers, microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures and the like.
§ 229-75. Siting standards.
(1) Principal or secondary use. Subject to this article, an applicant who successfully obtains permission
to site under this article as a second and permitted use may construct telecommunications facilities in
addition to the existing permitted use. Antennas and towers may be considered either principal or
secondary uses. A different existing use or an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations, including but not limited to setback
requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot
shall control, even though the antennas or towers may be located on leased parcels within such lots.
Towers that are constructed and antennas that are installed in accordance with the provisions of this
article shall not be deemed to constitute the expansion of a nonconforming use or structure, nor shall
such facilities be deemed to be an accessory use.
Collocation
on
District
Existing
Structure3
New Tower
Construction
Collocation
on
Preexisting
Tower2
Central Business
X
PCU
PCU
Commercial
PCU
PCU
PCU
Historic
X
X
X
Residential
X
PCU
PCU
Rural
PCU
PCU
PCU
NOTES:
PCU = Permitted use with conditional use permit
X = Prohibited
1 An antenna may be located on a tower, newly constructed, under this article.
2 An antenna may be located on a preexisting tower, constructed prior to the adoption of this
article.
3 An antenna may be located on other existing structures under this article.
General. The uses listed in this section are deemed to be permitted uses that may require further review
under this article in accordance with § 229-78, Conditional use permits. However, all such uses must
comply with other applicable ordinances and regulations of the Town of Hillsborough (including site plan
review). The following tables represent the siting standards for the listed uses as delineated by the
districts in which they are located in the town.
Use districts.
Height requirements. These requirements and limitations shall preempt all other height limitations as
required by the Town of Hillsborough Zoning Ordinance and shall apply only to telecommunications
facilities. These height requirements may be waived through the conditional use permit process only if
the intent of this article is preserved (e.g., where a two-hundred-foot tower would not increase adverse
impacts but provide a greater opportunity for collocation) in accordance with § 229-79, Waivers.
District
New Tower
Construction
(feet)
Collocation
on
Preexisting
Tower
(feet)
Collocation on Existing
Structure (feet)
Central Business
N/A
Current
height + 30
Current height + 20
Commercial
180
Current
height + 30
Current height + 20
Historic
N/A
N/A
N/A
Residential
N/A
Current
height
Current height + 10
Rural
180
Current
height + 30
Current height + 20
§ 229-76. Applicability.
Public property. Antennas or towers located on property owned, leased, or otherwise controlled by the
town may be exempt from the requirements of this article, except that uses are only permitted in the
zones and areas as delineated in § 229-75B. This partial exemption shall be available if a license or lease
authorizing such antenna or tower has been approved by the governing body and the governing body
elects, subject to state law and local ordinance, to seek the partial exemption from this article.
Amateur radios; receive-only antennas. This article shall not govern any tower or the installation of any
antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio
station operator or is used exclusively for receive-only antennas. This application adopts the provisions
and limitations as referenced in RSA 674:16, IV.
Essential services and public utilities. Telecommunications facilities shall not be considered
infrastructure, essential services or public utilities, as defined or used elsewhere in the town's
ordinances and regulations. Siting for telecommunications facilities is a use of land and is addressed by
this article.
§ 229-77. Construction performance requirements.
(1) Towers shall either maintain a galvanized steel finish, subject to any applicable standards of the FAA,
or be painted a neutral color, so as to reduce visual obtrusiveness.
(2) At a tower site, the design of the buildings and related structures shall, to the maximum extent
possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities
with the natural setting and built environment. These buildings and facilities shall also be subject to all
other site plan review regulation requirements.
(3) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical
and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the
color of the supporting structure so as to make the antenna and related equipment as visually
unobtrusive as possible.
(4) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If
lighting is required, the governing authority may review the available lighting alternatives and approve
the design that would cause the least disturbance to the surrounding views.
(5) Towers shall not contain any permanent or temporary signs, writing, symbols or any graphic
representation of any kind.
(1) Setbacks and separation.
(a) Towers must be set back a distance equal to 125% of the height of the tower from any off-site
structure.
(b) Towers, guys and accessory facilities must satisfy the minimum zoning district setback requirements.
(c) Towers over 90 feet in height shall not be located within 1/4 mile of any existing tower that is over 90
feet in height.
(2) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall
also be equipped with an appropriate anticlimbing device.
(3) Landscaping.
(a) Towers shall be landscaped with a buffer of plant materials that effectively screens the view of the
tower compound from adjacent residential property. The standard buffer shall consist of a landscaped
strip at least 10 feet wide outside the perimeter of the compound. Natural vegetation is preferred.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement
may be reduced or waived entirely.
(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum
extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the
property may be deemed a sufficient buffer.
Aesthetics and lighting. The guidelines in this Subsection A shall govern the location of all towers and
the installation of all antennas. However, the Planning Board may waive these requirements, in
accordance with § 229-79, Waivers, only if it determines that the goals of this article are served thereby.
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA,
FCC and any other agency of the federal government with the authority to regulate towers and
antennas. If such standards and regulations are changed, then the owners of the towers and antennas
governed by this article shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date of such standards and regulations,
unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to
bring towers and antennas into compliance with such revised standards and regulations shall constitute
grounds for the removal, in accordance with § 229-81, of the tower or antenna, as abandoned, at the
owner's expense through the execution of the posted security.
Building codes; safety standards. To ensure the structural integrity of towers and antennas, the owner of
a tower shall ensure that it is maintained in compliance with standards contained in applicable local
building codes and the applicable standards for towers that are published by the Electronic Industries
Association, as amended from time to time. If, upon inspection, the town concludes that a tower fails to
comply with such codes and standards and constitutes a danger to persons or property, then, upon
notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. If the owner fails to bring such tower into compliance within 30 days,
such action shall constitute an abandonment and grounds for the removal, in accordance with § 229-81,
of the tower or antenna, as abandoned, at the owner's expense through execution of the
posted security.
Additional requirements for telecommunications facilities. These requirements shall supersede any and
all other applicable standards found elsewhere in town ordinances or regulations that are less strict.
§ 229-78. Conditional use permits
(1) Procedure on application. The Planning Board shall act upon the application in accordance with the
procedural requirements of the site plan review regulations and RSA 676:4.
(2) Decisions. Possible decisions rendered by the Planning Board include approval, approval with
conditions or denial. All decisions shall be rendered in writing, and a denial shall be in writing and based
upon substantial evidence contained in the written record.
(3) Factors considered in granting decisions.
(a) Height of proposed tower or other structure.
(b) Proximity of tower to residential development or zones.
(c) Nature of uses on adjacent and nearby properties.
(d) Surrounding topography.
(e) Surrounding tree coverage and foliage.
(f) Design of the tower, with particular reference to design characteristics that have the effect of
reducing or eliminating visual obtrusiveness.
(g) Proposed ingress and egress to the site.
(h) Availability of suitable existing towers and other structures as discussed in Subsection C(3).
(i) Visual impacts on viewsheds, ridgelines and other impacts by means of tower location, tree and
foliage clearing and placement of incidental structures.
(j) Availability of alternative tower structures and alternative siting locations.
(1) The applicant shall submit written proof that the proposed use/facility complies with the FCC
regulations on radio frequency (RF) exposure guidelines.
(2) The applicant shall submit written proof that an evaluation has taken place, as well as the results of
such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA) further
referenced in applicable FCC rules. If an Environmental Assessment (EA) or an Environmental Impact
Statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Board prior
to the beginning of the federal thirty-day comment period, and the town process, shall become part of
the application requirements.
(3) Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of its
existing towers that are within the jurisdiction of the town and those within two miles of the border
thereof, including specific information about the location, height and design of each tower, as well as
economic and technological feasibility for collocation on the inventoried towers. The Planning Board
may share such information with other applicants applying for approvals or conditional use permits
under this article or other organizations seeking to locate antennas within the jurisdiction of the
governing authority; provided, however, that the Planning Board is not, by sharing such information, in
any way representing or warranting that such sites are available or suitable. If the applicant is proposing
to build a new tower, the applicant shall submit written evidence demonstrating that no existing
structure can accommodate the applicant's proposed antenna. This evidence can consist of:
(a) Substantial evidence that no existing towers or structures are located within the geographic area
required to meet the applicant's engineering requirements, provided that a description of the
geographic area required is also submitted.
(b) Substantial evidence that existing towers are not of sufficient height to meet the applicant's
engineering requirements and why.
(c) Substantial evidence that the existing towers or structures do not have sufficient structural strength
to support the applicant's proposed antenna and related equipment.
(d) Substantial evidence that the applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant's proposed antenna.
(e) Substantial evidence that the fees, costs or contractual provisions required by the owner in order to
share the existing tower or structure are reasonable. Costs exceeding new tower development are
presumed to be unreasonable.
(f) Substantial evidence that the applicant can demonstrate other limiting factors that render existing
towers and structures unsuitable.
(4) The applicant proposing to build a new tower shall submit an agreement with the town that allows
for the maximum allowance of collocation upon the new structure. Such statement shall become a
condition to any approval. This statement shall, at a minimum, require the applicant to supply available
collocation for reasonable fees and costs to other telecommunications providers. Failure to provide such
an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and wellplanned development of the Town of Hillsborough and grounds for a denial.
(5) The applicant shall submit the engineering information detailing the size and coverage required for
the facility location. The Planning Board may have any submitted information reviewed by a consultant
for verification of any claims made by the applicant regarding technological limitations and feasibility for
alternative locations or any other matter required by the application. Cost for this review shall be borne
by the applicant in accordance with 676:4,I(g).
General. All applications under this article shall apply to the Planning Board for site plan review, in
accordance with the requirements as provided for in the town's site plan review regulations. Editor's
Note: See Ch. 185, Site Plan Review. In addition, applications under this article shall also be required to
submit the information provided for in this section.
Issuance of conditional use permits. In granting the conditional use permit, the Planning Board may
impose conditions to the extent the Board concludes such conditions are necessary to minimize any
adverse effect of the proposed tower on adjoining properties and preserve the intent of this article.
Information required. Each applicant requesting a conditional use permit under this article shall submit
a scaled plan in accordance with the site plan review regulations and further information including: a
scaled elevation view, topography, radio frequency coverage, tower height requirements, setbacks,
drives, parking, fencing, landscaping, adjacent uses (up to 220 feet away) and any other information
deemed necessary by the Planning Board to assess compliance with this article. Furthermore, the
applicant shall submit the following prior to any approval by the Board:
§ 229-79. Waivers.
(1) The granting of the waiver will not be detrimental to the public safety, health or welfare or injurious
to other property and will promote the public interest.
(2) The waiver will not, in any manner, vary the provisions of the Town of Hillsborough Zoning
Ordinance, Town of Hillsborough Master Plan or Official Maps.
(3) Such waiver(s) will substantially secure the objectives, standards and requirements of
these regulations.
(4) A particular and identifiable hardship exists or a specific circumstance warrants the granting of a
waiver. Factors to be considered in determining the existence of a hardship shall include, but not be
limited to:
(a) Topography and other site features.
(b) Availability of alternative site locations.
(c) Geographic location of property.
(d) Size/magnitude of project being evaluated and availability of collocation.
General. Where the Board finds that extraordinary hardships, practical difficulties or unnecessary and
unreasonable expense would result from strict compliance with the foregoing regulations or the
purpose of these regulations may be served to a greater extent by an alternative proposal, it may
approve waivers to these regulations. The purpose of granting waivers under provisions of these
regulations shall be to ensure that an applicant is not unduly burdened as opposed to merely
inconvenienced by said regulations. The Board shall not approve any waiver(s) unless a majority of those
present and voting shall find that all of the following apply:
Conditions. In approving waivers, the Board may impose such conditions as it deems appropriate to
substantially secure the objectives of the standards or requirements of these regulations.
Procedures. A petition for any such waiver shall be submitted, in writing, by the applicant with the
application for Board review. The petition shall state fully the grounds for the waiver and all of the facts
relied upon by the applicant. Failure to submit the petition in writing shall require an automatic denial.
§ 229-80. Bonding and security; insurance.
Recognizing the extremely hazardous situation presented by abandoned and unmonitored towers, the
Planning Board shall set the form and amount of security that represents the cost for removal and
disposal of abandoned towers in the event that the tower is abandoned and the tower owner is
incapable and unwilling to remove the tower in accordance with § 229-81; all security shall be
maintained for the life of the tower. Bonding and surety shall be consistent with the provision in the
Subdivision Regulations. Editor's Note: See Ch. 201, Subdivision of Land. Furthermore, the Planning
Board shall require the submission of proof of adequate insurance covering accident or damage.
§ 229-81. Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered
abandoned and hazardous to the public health and safety, unless the owner of said tower provides
proof of quarterly inspections. The owner shall remove the abandoned structure within 90 days of
receipt of a declaration of abandonment from the town notifying the owner of such abandonment. A
declaration of abandonment shall only be issued following a public hearing, noticed per town
regulations, with notice to abutters and the last known owner/operator of the tower. If the abandoned
tower is not removed within 90 day, the town may execute the security and have the tower removed. If
there are two or more users of a single tower, this provision shall not become effective until all users
cease using the tower.
§ 229-82. Enforcement.
Enforcement of this article shall be in accordance with Chapter 676 of the New Hampshire Revised
Statutes Annotated and Hillsborough Zoning Ordinance. Any person in violation of this article of this
chapter shall be subject to punishment in accordance with referenced provisions.
Lot Area and Frontage Requirements
Rural District
Town of Hillsborough
Table 1
Type of Use
(for each building)
Minimum
Frontage
(feet)
Minimum
Lot Size
(acres)
Single-dwelling units
200
2
Two-dwelling units
200
2
Three-dwelling units
200
3
Four-dwelling units
200
3
200
2
200
2
Single-dwelling units
100
1
Two-dwelling units
100
1
Three-dwelling units
150
2
Four-dwelling units
200
3
Commercial uses
Other uses1
Lake Lots2
NOTES:
1 Other uses include rooming house with owner or agent in residence, residential use with home
sales or professional office, church, school, etc.
2 For lake lots, the front of the lot is towards the lake, and the front setback is measured from the
average mean high water level.
Table 2
Lot Area and Frontage Requirements
Residential and Commercial Districts
Town of Hillsborough
With Municipal
Water and Sewer
With Municipal
Water and Sewer
With No Municipal
Water and Sewer
Type of Use
(for each building)
Minimum
Frontage
(feet)
Minimum
Lot Size
(square
feet)
Minimum
Frontage
(feet)
Minimum
Lot Size
(square
feet)
Minimum
Frontage
(feet)
Minimum
Lot Size
(square
feet)
Single-dwelling
units
100
10,000
100
20,000
125
40,000
Two-dwelling units
100
20,000
100
40,000
125
80,000
Three-dwelling
units
125
28,500
150
52,000
150
120,000
Four-dwelling units
150
37,500
150
64,000
150
160,000
Commercial uses
(each building)
200
40,000
200
40,000
200
40,000
Other uses1
200
40,000
200
60,000
200
80,000
Notes:
1Other uses include rooming house with owner or agent in residence, residential use with
house sales or professional office, church, school, etc.
Setback and Coverage Requirements
Town of Hillsborough
Table 3
Minimum Setbacks
District and
Type of Use
Maximum
Coverage
(percent)
Front
(feet)
Side
(feet)
Rear
(feet)
Dwellings
30
15
20
25
Commercial Uses
50
20
25
30
Other uses1
50
20
25
30
Dwellings
30
25
50
25
Commercial uses
50
25
50
25
Other uses1
50
25
50
30
Lake lots2
75
25
25
20
Residential and Commercial
Districts
Rural District
NOTES:
1 Other uses include rooming house with owner or agent in residence, residential use
with home sales or professional office, church, school, etc.
2 For lake lots, the front of the lot is towards the lake and the front setback is measured
from the average mean high water level.
Table 4
Summary of Dimensional Requirements
for On-Premises Signs
Town of Hillsborough
[Amended 3-10-1992]
Maximum Sign Area
(square feet)
Type of Sign
Rural
District
Residential
District
Commercial
District
Temporary
4
4
32
Real estate for sale
6
6
12
Real estate directional
6
6
6
Noncommercial nameplate
4
4
4
Maximum size (feet)
1x4
1x4
1x4
Permanent subdivision
20
20
—
Nonresidential ground
20
6
45
Maximum height (feet)
25
25
35
Multiple use ground
—
—
45, plus
4 extra
per unit
Wall (business only)
—
—
40% of
building
width
Maximum height (feet)
—
—
4
Roof (business only)
—
—
40% of
roof width
Maximum height (feet)
—
—
4
Maximum height above roof (feet)
—
—
6
Projecting (business only)
—
—
45
Maximum height above roof (feet)
—
—
2
Incidental
6
6
6
Driveway directional
—
—
6
Mobile
—
—
32
Construction
—
—
32
Maximum height (feet)
—
—
10
Project/developer
—
—
40
Maximum height (feet)
—
—
10
NOTES:
1 In Rural and Residential Districts, a business may have only one nonresidential ground
sign and one incidental sign.
2 In Commercial Districts, a business may have one ground sign and one incidental sign
and either one wall sign or one roof sign or one projecting sign.
3 If a nonresidential premises does not have a ground sign, it may have either a wall sign
and a roof sign or a wall sign and a projecting sign or a projecting sign and a roof sign,
subject to the above sign limitations.
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