Key Elements of a Safe Wireless Ordinance

Key Elements

Aesthetics & Community Character

Aesthetics is a legitimate and legal basis for objection. These towers may not be in keeping with the character of the community. Local aesthetic requirements must be “reasonable” but they should be used to the maximum extent possible.

• Protection of environmental resources (trees). Find out the root circumference of established trees and make sure small cells are set back so they do not interfere with the life and health of the tree. 

• Requirements for towers to blend in with the surrounding environment. This can include camouflaging techniques, specific color schemes, and architectural features that match the local character. 

• Consider limiting how tall cell towers can be in certain areas or requiring equipment enclosures and landscaping to screen facilities from view.

Safety

Local governments can require certification and regular compliance checks to ensure ongoing adherence to federal safety standards. Electrical, fire and building safety are also within the locality’s regulatory power because it is local leaders who are the best advocates for protecting the residents and the land. 

• Certify that the owner/operator is subject to all local state and federal laws, including the Americans with Disabilities Act (ADA). ALL cell towers should adhere to federal, state & local fire, building, electrical and structural codes. This should be required at the design stage of the zoning ordinance and should be noted on your county/city’s website as a requirement. 

• Insist on a demonstration that the facility has been rigorously designed to minimize fire or electrical hazards, with attestation by a registered professional engineer.

• Require regular maintenance schedules to ensure facilities are in good condition and pose no hazard.

• No cell tower should be placed in a location where there is only one route of egress. Cell tower fires are electrical fires, and they cannot be extinguished through conventional means: the power has to be cut first, which can take up to 60 minutes.

Location & Setbacks

Zoning authorities can deem residential areas as improper locations unless the carrier can prove location in or near residences is the only way to provide service. Demand setbacks from residential and densely populated areas. 

• Tower Separation. Separation between towers, regardless of carrier, of 1,000 feet would be ideal.

• Setbacks. Setbacks from residential dwelling units, daycare centers, schools, parks, nursing homes, hospitals, athletic fields, places of business, and/or playgrounds. A New Hampshire Commission’s November 2020 expert report recommends that setbacks for all new cell towers should be 500 meters (or 1,640 feet).

• Fall Zones. The fall zone is the height of the tower plus 20%. If the cell tower falls over because it was structurally unsound, no person should be at risk. Again, this is a request for setback based on safety. 

• Co-Location. Encourage co-location, where multiple service providers share the same infrastructure to reduce the need for multiple towers in close proximity. Provide incentives or streamline processes for co-located installations.

• Tiered Order of Preference. It is legal to create areas within your city that range from the most preferred to least preferred. This means telecom has to try to get into the most preferred zones first before they are allowed in the least preferred. Think of “least preferred” like the most protective of you and your family.  If the city does not have an industrial zone, then the most preferred zone would likely be commercial. Residential remains the least preferred, giving residents the most protection. Your local zoning ordinance should require proof from wireless carriers in writing as to why they cannot cite their cell towers in the most preferred area(s). 

Application and Permitting Process

Establish a transparent and rigorous application process that requires detailed submissions from applicants, including visual impact assessments, radiofrequency emission compliance certifications, and alternative site analysis.

• Require verified and certified drive tests and dropped call reports to verify the need and that the location is the least obtrusive to obtain adequate coverage. 

• Require cell tower developers to obtain special permits (conditional use permits) which can include public hearings, for installations in sensitive areas.

• Post-installation radiofrequency (RF) radiation emission testing by an independent contractor (RF engineer), paid for by the antenna owner/operator. Can be conducted on a random basis. Aggregate emissions of all co-located equipment must comply with FCC guidelines. 

• Require an insurance bond from the wireless carrier per incident and in the aggregate.

• Require an insurance bond for “pollution insurance” that does not prohibit coverage for RFR (radiofrequency radiation) damages.

• Require a removal bond so that if carriers abandon a tower, a bond that remains with the city will allow the city to remove the cell tower and  return that area to its original state.

Public Notification and Involvement

• Pre-notification of cell tower applications to residents within a specified distance of proposed installation through certified mail or other specified means and post signs of pending applications at proposed sites

• Provide a clear and reasonable timeframe for public comment and include provisions for public hearings, allowing residents to express concerns and ask questions.

Additional Considerations

• Include precise definitions for different types of telecommunications facilities, such as cell towers, small cells, and equipment installations. This helps ensure that all potential developments are covered under the ordinance.

• Provide for periodic review of the ordinance to adapt to technological advancements and changes in federal regulations and community needs.