[Added 2-21-2001 by Ord. No. 1/01]
The purpose of this article is to set forth terms and conditions for the siting of wireless communications towers and antennas within the geographic boundaries of the town. The goals of this Ordinance are to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in specific areas within the town; minimize the total number of towers throughout the town; strongly encourage the joint use of new and existing tower sites for collocation of antennas as a primary option rather than construction of additional single-use antennas; encourage users of towers and antennas to locate them, to the greatest extent possible, in areas where the adverse impact on the community is minimal; 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; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid substantial detriment to the public good and which will not substantially impair the intent and purpose of zoning. In furtherance of these goals, the Town of West New York shall give due consideration to the town's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas. This article further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to manage with respect to cellular and other wireless telecommunications services and to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This article expressly recognizes that the proposed site must be particularly suited (or suitable) for the proposed facility.
As used in this article, the following terms
shall have the meanings set forth below:
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 communications signals.
The Planning Board with respect to conditional use permits;
the Zoning Board of Adjustment with respect to variance requests pursuant
to N.J.S.A. 40:55D-70d(1), d(3) and/or d(6); and/or the Zoning Officer
for permitted uses with respect to this article and Town Code, as
well as applicable state and federal law, in conjunction with the
Planning Board.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers and/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 base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
Any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to § 414-101B(1) on property owned, leased or otherwise controlled by the town.
Man-made trees, clock towers, bell steeples, light poles
and other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
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 or monopole towers. Guyed towers are not permitted
within the town. The term includes, but is not limited to, radio and
television transmission towers, microwave towers, common carrier towers,
cellular telephone towers, alternative tower structures and the like.
The term also includes the structure and any support thereto.
B.
Amateur radio station operators/receive only antennas.
This Ordinance 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.
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 § 414-100F and G, absent any enlargement or structural modification or the addition of any structures and per the definition in § 414-98 herein.
D.
Satellite dish antennas. This article shall not govern
any parabolic satellite antennas. However, dish antennas on a tower
are permitted in favor of other antennas, such as whip antennas.
A.
Principal or accessory use. Antennas and towers may
be considered an accessory use when located on municipal property;
otherwise, they are to be considered principal uses.
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.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the approving authority, where
applicable, an inventory of all existing towers (both those controlled
by the appellant as well as their competitors), antennas or located
in the Town of West New York or within three miles of any border of
the town thereof, including specific information about the location,
height and design of each tower. The Zoning Officer or other applicable
town official shall share such information with other applicants applying
for administrative approvals or permits under this Ordinance and organizations
seeking to locate antennas within the jurisdiction of the Town of
West New York; provided, however, that the Zoning Officer or other
applicable town official is not, by sharing such information, in any
way representing or warranting that such sites are available and/or
suitable.
D.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
Towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA or the town, 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 extent possible, use materials, colors, textures,
screening and landscaping that will blend them into the natural setting
and surrounding buildings and shall be located out of public view
(visible from a public street, public land and public buildings) behind
existing structures, buildings or terrain features which will shield
the buildings and related structure from view.
(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 lit unless
required by the FAA. It is the intent of the town that towers shall
not exceed FAA height standards that would require lighting. If lighting
is required, the lighting alternatives and design chosen and approved
by the approving authority must cause the least disturbance to the
surrounding views and quality of life.
F.
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 town 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 of West New York
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
calendar days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 calendar
days shall constitute grounds for the immediate removal of the tower
or antenna at the owners expense.
G.
Not essential services or inherently beneficial uses.
Towers and antennas shall be regulated and permitted pursuant to this
article and shall not be regulated or permitted as inherently beneficial
uses, essential services, public utilities or private utilities.
H.
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 town of
West New York have been obtained and shall file a copy of all required
franchises with the Zoning Officer or other applicable town official.
I.
Public notice. For purposes of this article, any conditional use or variance request 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 § 414-102, Table 1, in addition to any notice otherwise required by the Town Code or applicable state/federal law.
J.
Signs. No signs shall be allowed on an antenna or
tower.
K.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 414-103.
L.
Multiple antenna/tower plan. The Town of West New
York encourages and mandates the users of towers and antennas to collocate
antennas where technically, practically and economically feasible.
Applications for approval of collocation sites shall be given priority
in the review process.
A.
General. The uses listed in this section are deemed
to be permitted uses and shall not require a conditional use permit
or variance application.
B.
Permitted uses. The following uses are specifically
permitted:
(1)
Antennas or towers located on property owned, leased
or otherwise controlled by the Town of West New York, provided that
a license or lease authorizing such antenna or tower has been approved
by the Town of West New York. However, the town 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 town;
shall not be governed by this article; and shall be subject to the
bidding requirements of the Local Public Contracts Law of the State
of New Jersey.[1] The town, in its absolute discretion, reserves the express
right to deny any and/or all use of its property for antennas or towers.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
A.
List of conditional uses. The following uses may be
approved by the applicable approving authority as conditional uses.
(1)
Antennas on existing towers - consistent with the
terms below. An antenna may be attached to an existing tower, as of
the passage of this article in the town; and to minimize adverse visual
impacts associated with the proliferation and clustering of towers,
collocation of antennas by more than one carrier on existing towers
shall take precedence over the construction of new towers, provided
that such collocation is accomplished in a manner consistent with
the following:
(a)
A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna shall be of the
same tower type as the existing tower, unless the approving authority
allows reconstruction as a monopole.
(b)
Height.
[1]
An existing tower may be modified or rebuilt
to a taller height, not to exceed the maximum tower height established
by this article.
[2]
The height change referred to in Subsection A(1)(b)[1] may only occur one time per each additional user of the tower, up to a maximum of three times per tower.
[3]
The additional height referred to in Subsection A(1)(b)[1] 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.
(c)
On-site location.
[1]
A tower which is being rebuilt to accommodate
the collocation of an additional antenna may be moved on-site within
50 feet of its existing location.
[2]
A relocated on-site tower shall continue to
be measured from the original tower location for purposes of calculating
separation distances between towers pursuant to this section. The
relocation of a tower hereunder shall in no way be deemed to cause
a violation of this section.
B.
Factors considered in granting conditional use permits
or variances for towers.
(1)
In addition to any standards for consideration under
the applicable provisions of the West New York Code and state/federal
law, the approving authority, in considering conditional use permit
applications, shall consider the following factors in determining
whether to issue a conditional use permit or grant a variance (if
applicable):
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures
and 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 eliminating
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 § 414-102C of this ordinance.
(i)
Availability of proposed tower to other potential
users.
(j)
All relevant criteria as set forth by the New
Jersey Supreme Court in Smart SMR of New York, Inc. v. Borough of
Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), whether the proposed
site is particularly suited (or suitable) for the proposed facility.
C.
Availability of suitable existing towers, other structures,
or alternative technology. No new tower on non-town owned, controlled
or leased property shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the approving authority 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 approving
authority related to the availability of suitable existing towers,
stealth tower structure, 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)
No existing towers or structures are located within
the town's boundaries 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)
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 are presumed to be unreasonable.
(6)
Applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(7)
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. Cost of alternative
technology that exceeds new tower or antenna cost shall not be presumed
to render the technology unsuitable.
D.
Separation. The following separation requirements
shall apply to all towers and antennas for which a conditional use
permit or variance is required:
(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 below:
|
Table 1
| |||
|---|---|---|---|
|
Off-site Use Designated Area
|
Separation Distance
| ||
|
Base of tower to:
| |||
|
Residential, municipal building, (unless the
tower is on the municipal building site), libraries or houses worship
|
300 feet or 300% of the tower, whichever is
greater
| ||
|
Vacant residentially zoned land
|
300 feet or 300% of the tower, whichever is
greater
| ||
|
Nonresidentially zoned lands or nonresidential
uses
|
At least 120% of the height of the tower from
any adjoining lot line and all nonappurtenant buildings
| ||
(2)
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 based 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 below:
|
Table 2
| ||||
|---|---|---|---|---|
|
Separation Distances Between Towers -
Types
| ||||
|
Lattice
|
Monopole 100 feet.or Greater in Height
|
Monopole Less Than 100 feet in Height
| ||
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole less than 100 feet in height
|
750
|
750
|
750
| |
E.
Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height and shall also be equipped
with appropriate anti-climbing measures.
F.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a conditional use permit
or variance is required:
(1)
Tower facilities shall be landscaped with a buffer
or plant materials or other landscaping materials that effectively
screens the view of the tower compound from property used for residences
or planned residences or any other area frequented by the public.
(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.
H.
General requirements. The following provisions shall
govern the issuance of conditional use permits or variances for towers
or antennas by the approving authority;
(1)
If the tower or antenna is not a permitted use under § 414-101 of this article, then a conditional use permit or variance shall be required for the reconstruction of an existing tower or the placement of an antenna on an existing tower/site or other requirements as set forth herein regarding existing tower/antenna sites.
(2)
Applications for conditional use permits and variances
under this section shall be subject to the procedures and requirements
of the Town Code, as well as applicable state law, except as modified
in this section.
(3)
In granting conditional use permit(s) or variance(s),
the approving authority may impose conditions to the extent the approving
authority concludes such conditions are necessary to minimize any
adverse effect of the proposed tower/antenna on adjoining properties.
(4)
Any information of an engineering nature that the
applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(5)
An applicant for a variance or conditional use permit
shall submit the information described in the this section and a nonrefundable
application fee and an escrow deposit as follows.
|
Application
Charge
|
Escrow
ccount
| |||
|---|---|---|---|---|
|
If no new tower is proposed
|
$1,000
|
Plus
|
$2,000
| |
|
If a new tower is proposed
|
$5,000
|
Plus
|
$5,000
|
(6)
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Town of West New York and subject to the provisions of § 414-101B of this article.
(7)
The application fee and escrows shall be paid as required
herein.
A.
Antennas mounted on structures or rooftops. The equipment,
cabinet or structure used in association with antennas shall comply
with criteria listed below. For antennas mounted on structures or
on rooftops, the criteria are as follows:
(1)
The cabinet or structure shall not contain more than
200 square feet of gross floor area or be more than 10 feet in height.
In addition, for buildings and structures, which are less than 48
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 then 10% percent of the roof
area.
(3)
Equipment storage buildings or cabinets shall comply
with all applicable building codes.
B.
For 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 accessory structure requirements as
set forth in the Town Code.
C.
Structures or cabinets shall be screened or landscaped
from view of all properties which abut or are directly across the
street from the structure or cabinet by a security fence eight feet
in height or by a buffer of plant materials that effectively screens
the view of the tower compound from property used for residential
or planned residences.
A.
Any antenna or tower that is not operated for a continuous
period of six months shall be considered abandoned ("no longer operative")
and the owner of such antenna or tower shall remove the same within
90 calendar days of receipt of notice from the Town of West New York
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said 90 days shall be grounds for the town
to require removal of the tower or antenna at the owners 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 town shall condition the issuance of any permit to construct a
tower or antenna on the requirement that the property owner be required
to remove the tower and restore the property as determined by the
Town Engineer when the last user of said tower will no longer actively
need the tower for its communications system.
B.
Towers or antennas that are damaged or destroyed to the extent that the nonconforming provisions no longer apply under law may not be rebuilt without having to obtain approval from the approving authority and without having to meet separation requirements specified in § 414-102. 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 calendar 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 and handled in accordance with § 414-104A above.
