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Exeter
Town of Exeter Zoning Ordinance
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§ 8.5

General requirements

  • A. All antennae shall comply with applicable Federal Communication Commission and Federal Aviation Administration regulations unless there exists a proven, present emergency effecting the public health, safety, and welfare. The town shall not regulate the placement, construction, and modification of cellular communications antenna arrays on the basis of the environmental effects of radio frequency emissions, provided that such facilities shall be subject to compliance with corresponding Federal Communication Commission regulations concerning such emissions.

  • B. A cellular or other communications tower shall be set back from all property lines a minimum of one foot for each one foot of tower height. When the property abuts an overlay district, the setback distance from such district shall be one and one-half feet for each foot of tower height.

  • C. All tower supports, accessory equipment, equipment shelters, and peripheral anchors, including guy wire anchors, shall be set back from all property boundaries the minimum distance required for a principal structure for the zoning district in which a cellular communications tower is to be located, and shall comply with all other applicable zoning requirements and building codes.

  • D. Equipment shelters shall be obscured from view by trees, shrubs or fences and shall be locked at all times. Contact information for the person to be notified in the event of an emergency shall be posted on site.

  • E. The provisions of article II, section 2.5.6 of this ordinance that prohibit more than one non-residential use on a lot shall not apply to antennas and towers.

  • F. No cellular communications tower, if otherwise allowed or permitted, shall exceed 125 feet in height without a separate special use permit for excess height. No other communication tower, if otherwise allowed or permitted, shall exceed 500 feet in height without a separate special use permit for excess height.

  • G. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is constructed and maintained in compliance with standards contained in the State Building Code as amended form time to time. If upon inspection, the building official concludes that a tower fails to comply with such code and standards; and constitutes a danger to persons or property, then the building official shall proceed in accordance with G.L title 23, ch. 27.3, entitled "State Building Codes." Towers must be structurally inspected by a registered engineer every ten years and a certificate of such inspection shall be filed with the building official. 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 ordinance 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.

  • H. All telecommunication facilities and structures which have not been used for a period of one year shall be considered abandoned and shall be dismantled and removed at the owner's expense. The owner of such facility shall remove same within 90 days of receipt of notice from the building official. The applicant shall post a bond or cash security with the town treasurer sufficient to cover the cost of removal and restoration of the site prior to construction in any zone. The amount of said bond or security shall be estimated by the building official. If such antenna or tower is not removed within 90 days of receipt of notice, the town may take necessary action to remove the facility and restore the site to a condition consistent with the character of the surrounding area, at the owner's expense.

  • I. Appropriate camouflaging, landscaping and screening shall be provided for all cellular communications or other antenna arrays except public cellular communications antenna arrays.

  • J. Each applicant for an antenna and/or tower shall provide to the planning board an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the town or within one mile of the town border, including specific information about the location, height, and design of each tower. The planning board may share such information with other applicants for administrative approvals or special use permits under this ordinance or other organizations seeking to locate antennas within the town, 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.

  • K. The town supports multiple antenna/tower plans in which the users of towers and antennas are encouraged to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

  • L. 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 town have been obtained and shall file a copy of all required franchises with the zoning board of review.

(Ord. of 8-7-00; Ord. of 12-4-2023(1))