[Added 9-27-2001 by Ord. No. 2001-16]
A.Â
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 to:
(1)Â
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(2)Â
Encourage the location of towers in nonresidential areas;
(3)Â
Minimize the total number of towers throughout the community;
(4)Â
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
(5)Â
Encourage use of existing buildings, light and utility poles and/or
towers, to the extent possible, where appropriate, as opposed to the
construction of new towers in areas where the adverse impact on the
community is minimal;
(6)Â
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(7)Â
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 innovate
camouflaging techniques;
(8)Â
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(9)Â
Consider the public health and safety of communication towers; and
(10)Â
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.Â
In furtherance of these goals, the Borough of Wallington shall give
due consideration to the Borough of Wallington's Master Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving
sites 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, and similar alternative-design
mounting or stealth structures that camouflage or conceal the presence
of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
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. Parabolic dish antennas used
for satellite communications shall not be included within this definition.
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.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The Federal Communications Commission.
A tower that is supported or braced through the use of cables
(guy wires) that are permanently anchored.
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.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The surface or structure upon which antennas are mounted,
including the following three types of mounts:
A.Â
Building mount. Mounted on the roof or the side of a building.
B.Â
Ground mount. Antenna support (tower) mounted on the ground.
C.Â
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
RADIO FREQUENCY RADIATION (RFR)
STEALTH DESIGN
TOWER
WIRELESS COMMUNICATIONS
Structure mount. Mounted on or in a structure other than a building.
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.
The emissions from wireless telecommunications facilities
or any electromagnetic energy within the frequency range from 0.003
MHZ to 300,000 MHZ.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment. (See "alternative tower structure.")
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications 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.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, which includes FCC-licensed commercial
wireless telecommunications services, including cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federal-licensed amateur radio station operator or is exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
B.Â
Amateur radio station operators/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.
D.Â
AM array. For purposes of implementing this article, 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.
E.Â
Satellite dish antennas. This article shall not govern any satellite
dish antennas presently regulated under the Borough's Code.
A.Â
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. Notwithstanding any other Borough
land use regulation, a different existing structure on the same lot
shall not preclude the installation of an antenna or tower on such
lot. If a tower and its appurtenant structures constitute the sole
use of the lot, the tower shall be deemed to be the principal use.
B.Â
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.
C.Â
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Construction Official an inventory of its
existing towers, antennas, or sites approved for towers or antennas
that are either within the jurisdiction of the Borough of Wallington
or within three miles of the border thereof, including specific information
about the location, height and design of each tower. The Construction
Official 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 Wallington; provided, however that the Construction
Official is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
D.Â
Aesthetics. Towers and antennas shall meet the following requirements:
(1)Â
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(2)Â
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)Â
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.Â
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.
F.Â
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 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.
G.Â
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 of New
Jersey or Borough 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 Borough of
Wallington 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. 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.
H.Â
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.
I.Â
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 communications system in the Borough of Wallington have
been obtained and shall file a copy of all required franchises with
the administrative officer.
J.Â
Public notice. For purposes of this article, 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 a corresponding separation distance of 500 feet, in addition
to any notice otherwise required by this chapter.
K.Â
Signs. No signs shall be allowed on an antenna or tower.
L.Â
Buildings and support equipment. Buildings and support equipment
associated with antennas or towers should comply with the requirements
of this chapter.
M.Â
Multiple antenna/tower plan. The Borough of Wallington encourages
and mandates the owners of towers and antennas to co-locate antennas.
Applications for approval of co-location sites shall be given priority
in the review process.
A.Â
General. The uses listed in this section are deemed to be permitted
uses and shall not under all circumstances require administrative
approval or a conditional use permit.
B.Â
Permitted uses. The following uses are specifically permitted:
(1)Â
Antennas or towers located on property owned, leased or otherwise
controlled by the Borough of Wallington, provided a lease on Borough
property authorizing such antenna or tower has been approved by the
Borough of Wallington. However, the Borough 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 be governed by this article.
A.Â
List of conditional uses. The following uses may be approved by the
Borough as conditional uses.
(1)Â
Antennas on existing structures or towers consistent with the terms of Subsection A(1)(a) and (b) below.
(a)Â
Antennas on existing structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office
or institutional structure not located in residential zone, provided:
(b)Â
Antennas on existing towers. An antenna may be attached to an
existing tower in a nonresidential zone and, to minimize adverse visual
impacts associated with the proliferation and clustering of towers,
co-location of antennas by more than one carrier on existing towers
shall take precedence over the construction of new towers, provided
such co-location is accomplished in a manner consistent with the following:
[1]Â
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower, unless the Construction Official allows reconstruction
as a monopole.
[2]Â
Height.
[a]Â
An existing tower may be modified or rebuilt to
a taller height, not to exceed the maximum tower height established
by this article.
[b]Â
The height change referred to in Subsection A(1)(b)[2][a]
may only occur one time per communications tower.
[c]Â
The additional height referred to in Subsection
A(1)(b)[2][a] shall not require an additional distance separation
as set forth in this section. The tower's premodification height shall
be used to calculate such distance separations.
[3]Â
On-site location.
[a]Â
A tower which is being rebuilt to accommodate the
co-location of an additional antenna may be moved on site within 50
feet of its existing location.
[b]Â
After the tower is rebuilt to accommodate co-location,
only one tower may remain on the site.
[c]Â
A relocated on-site tower shall continue to be
measured from the original tower location for purposes of calculating
separation distances between towers. The relocation of a tower shall
be subject to site plan approval by the Planning Board.
(2)Â
New towers. New monopoles may be constructed in a nonresidential
zone, subject to the conditions outlined in this article, to hold
antennas. Lattice towers and any type of guyed towers are prohibited.
In addition to any information required for applicants for conditional
use permits pursuant to this chapter, applicants for a conditional
use permit for a tower shall submit the following information:
(a)Â
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 herein, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and other structures, topography, parking
and other information deemed by the Construction Official to be necessary
to assess compliance with this article.
(b)Â
Legal description of the entire tract and leased parcel (if
applicable).
(c)Â
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(d)Â
The separation distance from other towers described in the inventory
of existing sites shall be shown on an updated site plan or map. The
applicant shall also identify the type of construction of the existing
tower(s) and the owner/operator of the existing tower(s), if known.
(e)Â
A landscape plan showing specific landscape materials.
(f)Â
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(g)Â
A description of compliance with this article and all applicable
federal, State of New Jersey or Borough ordinances.
(h)Â
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(i)Â
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)Â
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.
(k)Â
A description of the feasible location(s) of future towers or
antennas within the Borough of Wallington, based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(l)Â
A visual study depicting where, within a three-mile radius,
any portion of the proposed tower could be seen.
(m)Â
A statement of intent on whether excess space will be leased.
B.Â
Factors considered in granting conditional use permits for towers.
In addition to any standards or consideration of conditional use permit
applications pursuant to this chapter, the Planning Board shall consider
the following factors in determining whether to issue a conditional
use permit:
(1)Â
Height of the proposed tower;
(2)Â
Proximity of the tower to residential district boundaries;
(3)Â
Nature of uses on adjacent and nearby properties;
(4)Â
Surrounding topography;
(5)Â
Surrounding tree coverage and foliage;
(6)Â
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7)Â
Proposed ingress and egress; and
(8)Â
Availability of suitable existing towers, other structures, or alternative
technologies not requiring the use of towers or structures, as discussed
in this article.
(9)Â
Availability of the proposed tower to other potential users.
C.Â
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:
(1)Â
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
(2)Â
Existing towers or structures are not of sufficient height to meet
the applicant's engineering requirements.
(3)Â
Existing towers or structures do not have sufficient structural strength
to support the applicant's proposed antenna and related equipment.
(4)Â
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)Â
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.
(6)Â
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)Â
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 presumed to
render the technology unsuitable.
D.Â
Setbacks. The following setback requirements shall apply to all towers
for which a conditional use permit is required:
(1)Â
Towers must be set back a distance equal to at least 100% of the
height of the tower from any adjoining lot line and all nonappurtenant
buildings.
(2)Â
Guides and accessory buildings must satisfy the minimum zoning district
setback requirements as set forth in this chapter.
(3)Â
No tower shall exist within required buffer areas, if adjacent to
residential zones and as prescribed under local ordinance.
(4)Â
The minimum tower setback from a residential zone district line and
from any school and from any site designated on a federal, state or
municipal historic register shall be 500 feet.
E.Â
Separation. The following separation requirements shall apply to
all towers and antennas for which a conditional use permit is required:
(2)Â
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 1,000 feet.
F.Â
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.Â
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
(1)Â
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)Â
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(3)Â
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.
H.Â
General requirements. The following provisions shall govern the issuance
of conditional use permits for towers or antennas by the approving
authority:
(1)Â
If the tower or antenna is not a permitted use in this article, then
a conditional use permit shall be required for the construction of
a tower or the placement of an antenna.
(2)Â
Applications for conditional use permits under this section shall
be subject to the procedures and requirements of this chapter except
as modified in this section.
(3)Â
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.
(4)Â
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer.
(5)Â
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 of Wallington Code for
conditional use applications.[1]
(6)Â
Locating 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 only in the following
zones.
(a)Â
No towers or antennas shall be permitted as conditional uses
in a residential zone unless located upon property owned by the Borough
of Wallington.
A.Â
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(1)Â
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.
(2)Â
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)Â
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
B.Â
Antennas mounted on utility poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
(1)Â
In a front or side yard, provided 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 at least 42 inches to 48 inches and
a planted height of at least 36 inches.
(2)Â
In a rear yard, provided 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.
(3)Â
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.
C.Â
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 12 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 Wallington 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 Borough 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 guarantee in the face amount of
not less than 120% of the cost (as determined by the Planning Board
Engineer) of such removal, grading and restoration to a state required
under 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 conditional use permit and without having to meet the separation
requirements specified herein. 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.
The Planning Board or Zoning Board may, as it deems appropriate,
retain technical consultants as it deems necessary to provide assistance
in the review of the site location alternatives analysis. The service
provider shall bear the reasonable cost associated with such consultation,
which cost shall be deposited in accordance with the Borough's escrow
policies.
Site plan approval by the Planning Board is required for the
installation of any wireless communications tower and/or antenna within
the municipal boundaries in all zoned districts. Each application
shall include a site plan showing the specific design, location, size
and construction of the proposed structure, which shall comply in
all respects with the standards enumerated herein.
A.Â
After the wireless telecommunications facility is in operation, the
applicant shall submit, within 90 days of beginning operations and
at annual intervals from the date of issuance of the building permit,
existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by a radio
frequency engineer, stating that RFR requirements are accurate and
meet FCC Guidelines as specified in the radio frequency standards
of this article.[1]
B.Â
The applicant and co-applicant shall maintain the wireless telecommunications
facility in good condition. Such maintenance shall include, but not
be limited to, painting, structural integrity of the mount and security
barrier, and maintenance of the buffer areas and landscaping.
