[Added 7-24-2001 by Ord. No. 09-2001]
A.
The purpose of this article is to establish general
guidelines for the siting of wireless communications towers and antennas.
The goals of this article are as follows:
(1)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas;
(2)
Require the location of towers in nonresidential
zones;
(3)
Minimize the total number of towers throughout
the community;
(4)
Require the joint use of new and existing tower
sites as a primary option rather than construction of additional single-use
towers;
(5)
Encourage users of towers and antennas to locate
them, to the extent possible in areas where the adverse impact on
the community is minimal;
(6)
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;
(7)
Enable the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently;
(8)
Consider the public health and safety of communication
towers, as appropriate; and
(9)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
B.
In furtherance of these goals, the Borough of Totowa
shall give due consideration to the Borough of Totowa's Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas.
As used in this article, the following terms
shall have the meanings set forth below:
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.
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.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this article, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
television, radio and similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The terms include
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative power structure and
the like. The term includes the structure and any support thereto.
B.
Amateur radio station operators/receive only antennas.
This article shall not govern any tower of the installation of any
antenna that is under 50 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas. Application for towers under
this section shall be received and approved by the Planning Board.
C.
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 415-194F and G, absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.
D.
AM array. For purposes of implementing this article,
an AM array, consisting of one or more tower units and supporting
ground system that 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 subject to the review of the Planning
Board to ensure that the additional units do not violate any provisions
in the Borough of Totowa's Zoning Code.
A.
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.
B.
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. The minimum lot
size for new towers and antennas is 7,500 square feet.
C.
Inventory of existing site. Each applicant for an
antenna and/or tower shall provide the Borough Engineer an inventory
of its existing towers, antennas or sites approved for the towers
or antennas, as well as all sites where an application is pending,
that are either within the jurisdiction of the Borough of Totowa or
within five miles of the border thereof, including specific information
about the location, height and design of each tower. The Borough Engineer
may share such information with other applicants applying for administrative
approvals or permits under this article or other organizations seeking
to locate antennas within the jurisdiction of the Borough of Totowa;
provided, however, that the Borough Engineer is not, by sharing such
information, in any way representing or warranting that such are available
or suitable.
D.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
Towers shall maintain a galvanized steel finish
or, subject to any applicable standards of the FAA, be painted a neutral
color as to reduce the visual obtrusiveness. Monopoles may include
a design commonly referred to as a "monopole tree" to provide camouflaging.
(2)
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.
(3)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of 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.
E.
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 amount of disturbances to the surrounding views.
F.
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 article shall bring such towers and antennas into compliance
with such revised standards and regulations within 120 days of the
effective date of such standards and regulations unless a different
compliance scheduled 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.
G.
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
local and appropriate industry building codes. If, upon inspection,
the Borough of Totowa concludes that a tower or antenna 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
or antenna, the owner shall have 30 days to bring such tower or antenna
into compliance with such standards. Failure to bring such tower or
antenna into compliance within said 30 days shall constitute grounds
for the removal of the tower or antenna at the owner's expense.
H.
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in the Borough of Totowa, irrespective of municipal and county
jurisdictional boundaries.
I.
Not essential services. Towers and antennas shall
be regulated and permitted pursuant to this article and shall not
be regulated or permitted as essential services, public utilities
or private utilities unless mandated by federal or state law.
J.
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 Borough
of Totowa have been obtained and shall file a copy of all required
franchises with the Borough Engineer.
K.
Public notice and hearing. For purposes of this article,
any conditional use request, variance request or appeal of an administrative
approved use or conditional use shall require public notice in accordance
with N.J.S.A. 40:55D-1 et seq.
L.
Signs. No signs or advertisements shall be allowed
on an antenna or tower.
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 415-197.
N.
Multiple antenna/tower plan. The Borough of Totowa
encourages the users of towers and antennas to submit a single application
for approval of multiple sites shall be given priority in the review
process.
O.
Height. The maximum height of new towers shall be
150 feet in height.
A.
Permitted uses. The following are specifically permitted:
antennas or towers located on property owned, leased or otherwise
controlled by the Borough of Totowa, provided that a license or lease
authorizing such antenna or tower has been approved by the Borough
of Totowa. The decision to extend such leases to an applicant shall
be vested solely with the municipality and shall not be governed by
this article. Towers are permitted in the CO Corporate Office District.[1]
B.
Conditional uses. The following are specifically permitted
as conditional uses: a tower or antenna, including the placement of
additional buildings or other supporting equipment used in connection
with said tower or antenna, are permitted as conditional uses in the
B-3 Business District and the I-1, I-2, and I-3 Restricted Industry
Districts.
C.
Prohibited uses. Towers and antennas are prohibited
in any residential district and B-2 Local Business District, MC Municipal
Complex, E-R Education and Recreation District and the R-SC Senior
Citizen Housing District. No towers or antennas shall be permitted
on any recreational facilities, parks, passive parks or areas set
aside as green acre areas by the Borough of Totowa. No towers or antennas
shall be permitted on any property in which a public or private school
is located.[2]
A.
General. The following provisions shall govern the
issuance of conditional use permits for towers or antennas by the
Planning Board:
(1)
Applications for conditional use permits under
this section shall be subject to the applicable procedures and requirements
of the Borough Code, except as modified in this article.
(2)
In granting a conditional use permit, the Planning
Board may impose conditions to the extent the Planning Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(3)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(4)
An applicant for a conditional use permit shall
submit the information described in this section and a nonrefundable
application fee and an escrow deposit as required by the Borough Code
for conditional use applications.
B.
Towers.
(1)
Information required. In addition to any information
required for applications for conditional use permits pursuant to
the applicable procedures and requirements of the Borough Code, applicants
for a conditional use permit for a tower shall submit the following
information:
(a)
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 B(5), 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 Borough Engineer to be necessary to assess compliance with this article.
(b)
Legal description of the entire tract and leased
parcel (if applicable).
(c)
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplanted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 415-194C 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.
(e)
A landscape plan showing specific landscape
materials.
(f)
Method of fencing and finished color and, if
applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(i)
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.
(j)
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 if the proposed new tower.
(k)
A description of the feasible locations of future
towers or antennas within a two-mile radius surrounding the Borough
of Totowa based upon existing physical, engineering, technological
or geographical limitations in the event the proposed tower is erected.
(l)
A visual study of intent on whether excess space
will be leased.
(2)
Factors considered in granting conditional use
permits for towers. In addition to any standards for consideration
of conditional use permit applications pursuant to the Borough Code,
the Planning Board shall consider the following factors in determining
whether to issue a conditional use permit:
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential district
boundaries;
(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 elimination
visual obtrusiveness;
(g)
Proposed ingress and egress;
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection B(3) of this article.
(i)
Availability of proposed tower to other potential
users.
(3)
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 the following:
(a)
No existing towers or structures are located
within the geographic area that meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(d)
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 structure
would cause interference with the applicant's proposed antenna.
(e)
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 are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that all alternative
technology that does not require the use of towers or structures,
such as table 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.
(4)
Setbacks. The following setback requirements
shall apply to all towers for which a conditional use permit is required:
(a)
Towers must be set back a distance equal to
at lease 100% of the height of the tower from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum
zoning distance setback requirements.
(c)
No tower shall exist within required buffer
areas if adjacent to residential zones and as prescribed under local
ordinance.
(5)
Separation. The following separation requirements
shall apply to all towers and antennas for which a conditional use
permit is required:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the
array line 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.
[2]
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 worship
|
200 feet or 300% height of tower, whichever
is greater, from lot line
| |
|
Vacant residentially zoned land
|
200 feet or 300% height of tower, whichever
is greater, from lot line
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None, only Zoning Code setbacks apply
| |
(b)
Separation distances between towers. 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
Existing Towers — Types
| |||||
|---|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height
|
Monopole Less Than 75 Feet in Height
| ||
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
| |
|
Monopole 75 feet in height
|
1,500
|
1,500
|
1,500
|
750
| |
|
Monopole less than 75 feet
|
750
|
750
|
750
|
750
| |
(6)
Security fencing. Towers shall be enclosed by
securing fencing not less than six feet nor more that eight feet in
height and shall also be equipped with an appropriate anticlimbing
device.
(7)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a conditional
use permit is required:
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screen the view of the
tower compound from the property used for residences of planned residences.
The standard buffer shall consist of a double-staggered row of evergreens
consisting of no less than seven feet nor more than 10 feet wide buffer
to screen view of the facility.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
(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 perimeter may be sufficient buffer.
(8)
Access and parking. There must be a suitable
ingress/egress to/from the tower facility and a minimum of two parking
spaces.
(9)
Real estate values. As a criterion for approval,
the Planning Board must find that the proposed tower facility will
not have a substantial adverse impact on surrounding real estate values.
A.
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(1)
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 that 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.
(2)
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.
(3)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
B.
Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used in association with the antennas
shall be located in accordance with the following:
(1)
In front or side yards, provided that the cabinet
or structure is no 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 eight feet and a
planted height of at least 48 inches.
(2)
In a rear yard, provided that the cabinet or
structure is no greater that 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.
(3)
In all other instances, structures or cabinets
shall be screened from view of all residential properties that abut
or are directly across the street from the structure or cabinet by
a solid fence six feet in height of an ever green hedge with an ultimate
height of eight feet and a planted height of at least 72 inches.
C.
Antennas located on towers. The related unmanned equipment
structure shall not contain more than 200 square feet of gross floor
area or be more than 10 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
Any antenna or tower that is not operated for
a continuous period of nine 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 Borough of Totowa notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within 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. A permit to demolish or remove a tower or antenna
will be required in accordance with all applicable Borough ordinances.
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a condition use permit and without having to meet the separation requirements specified in § 415-196. The type, height and location of the tower on the 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 with 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 § 415-197.
