As used in this chapter the following items shall have the meanings
indicated:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, flagpoles and similar
alternative-design mounting structures that camouflage or conceal the presence
of antennas or towers.
ANCILLARY FACILITIES
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.
ANTENNA or TOWER
Any exterior apparatus designed for telephonic, radio, or television
communications through the sending and/or receiving of 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.
APPROVING BOARD
The Pleasantville Planning Board or Zoning Board of Adjustment, as
applicable, which is statutorily authorized to hear land use applications
under the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.)
BACKHAUL NETWORK
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.
BUFFER AREA
The area surrounding a telecommunications tower and ancillary facilities
which lies between the tower and adjacent lot lines and/or land uses.
CARRIER
A company that provides wireless services.
COLLOCATION
When two or more receiving and/or transmitting facilities are placed
together in the same location or on the same antenna support structure.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
FALL ZONE
The area on the ground within a prescribed radius from the base of
a wireless telecommunications tower. The "fall zone" is the area within which
there is a potential hazard from falling debris (such as ice) or collapsing
material.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular radio, personal communication service (PCS), enhanced specialized
mobile radio, specialized mobile radio and paging, commercial land mobile
radio and additional emerging technologies.
GUYED TOWER
A tower which is supported or braced through the use of cables (guy
wires) which are permanently anchored.
HEIGHT
When referring to a tower, the vertical distance measured from the
lowest finished grade at the base of the tower to the highest point on the
tower, even if said highest point is an antenna.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross-bracing
of structural steel.
MONOPOLE
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.
MOUNT
The structure or surface upon which antennas are mounted, including
the following four types of mounts:
A.
Roof-mounted: mounted on the roof of a building.
B.
Side-mounted: mounted on the side of a building.
C.
Ground-mounted: antenna support (tower) mounted on the ground.
D.
Structure-mounted: mounted on a structure other than a building.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit has been properly
issued prior to the effective date of this chapter, including permitted towers
or antennas that have been approved but have not yet been constructed so long
as such approval is current and not expired.
RADIO FREQUENCY RADIATION (RFR)
For the purposes of this chapter, shall mean the emissions from personal
wireless service facilities or any electromagnetic energy within the frequency
range from 0.003 MHz to 300,000 MHz.
STEALTH DESIGN
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).
TELECOMMUNICATIONS FACILITY
A facility designed and used for the purpose of transmitting, receiving,
and relaying voice and data signals from various wireless communication devices,
including transmission towers, antennas and ancillary facilities. For purposes
of this section, amateur radio transmission facilities and facilities used
exclusively for the transmission of television and radio broadcasts are not
telecommunications facilities.
TELECOMMUNICATIONS or TRANSMISSION TOWER
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio transmission
facilities and facilities used exclusively for the transmission of television
and radio signals are not transmission towers.
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal Telecommunications
Act of 1996 which includes FCC licensed commercial wireless telecommunications
services, including cellular, personal communication 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 federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone service.
The following site design standards shall apply to wireless telecommunications
facilities:
A. New towers.
(1) Telecommunications towers may not be located closer than
300 feet to any residential zone. Antennas located on preexisting buildings
or structures are exempt from this requirement.
(2) Fall zone.
(a) A fall zone shall be established such that the tower
is set back 50% of the height of the tower from any adjoining lot line or
nonappurtenant building. This tower setback requirement may be adjusted higher
or lower by the approving board or Zoning Official, as appropriate, based
on the design of the antenna mount(s) on the top of the tower and the particular
geography of the subject site in relation to the features of the adjoining
lands or rights-of-way consistent with the intent of the definition of "fall
zone" of this Chapter.
(b) The above notwithstanding, in no instance shall a fall
zone be less than 20 feet from the edge of the tower (measured at the base)
to the inside edge of the buffer area required for the site.
(c) The fall zone setback may supercede the zoning district setback for a site for the tower and exposed ancillary facilities only. Ancillary facilities enclosed in an ancillary building pursuant to §
266-6A(5) of this Chapter must satisfy the minimum zoning district setback requirements for accessory structures.
(3) Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height. Said towers shall be equipped
with appropriate anti-climbing measures.
(4) Landscaping. The following requirements shall govern
the landscaping surrounding towers:
(a) 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 or any other area frequented
by the public. The standard buffer shall consist of a landscaped strip at
least 10 feet wide outside the perimeter of the compound. However, at a minimum,
the facility should be shielded from public view by evergreen trees at least
eight feet high (3 1/2 inch caliper) at planting and planted in staggered
double rows 15 feet on center.
(b) In locations where the visual impact of the tower would
be minimal, the landscaping requirement may be reduced at the sole discretion
of the approving authority.
(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 a sufficient buffer.
(5) Ancillary buildings. Any proposed building enclosing
related electronic equipment shall not be more than 10 feet in height nor
more than 200 square feet in area, and only one such building shall be permitted
on the lot for each provider of wireless telecommunications services located
on the site. Such buildings must satisfy the minimum zoning district setback
requirements for accessory structures.
(6) Aesthetics. Towers and antennas shall meet the following
requirements:
(a) 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.
(b) 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.
(7) Lighting. No lighting is permitted except as follows,
which shall be subject to review and approval by the approving board as part
of the site plan approval process:
(a) The building enclosing electronic equipment may have
one light at the entrance to the building, provided that the light is attached
to the building, is focused downward and is switched so that the light is
turned on only when workers are at the building; and
(b) No lighting is permitted on a tower except lighting that
specifically is required by the Federal Aviation Administration (FAA), and
any such required lighting shall be focused and shielded to the greatest extent
possible so as not to project towards adjacent and nearby properties.
(8) Signs. No signs are permitted except those required by
the Federal Communications Commission, the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) or by law, such
as warning and equipment information signs.
B. Antennas mounted on existing structures or roof tops.
(1) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure owned by the City of Pleasantville or in the zoning districts enumerated in §
266-5B of this chapter.
(a) Side- and roof-mounted personal wireless service facilities
shall not project more than 10 feet above the height of an existing building
or structure nor project more than 10 feet above the height limit of the zoning
district within which the facility is located. Personal wireless service facilities
may locate on a building or structure that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building or structure height.
(b) The antenna complies with all applicable FCC and FAA
regulations.
(c) The antenna complies with all applicable building codes.
(d) The equipment 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.
(e) 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.
(f) Equipment storage buildings, structures or cabinets shall
comply with all applicable building codes.
(2) Aesthetics. 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.
C. Antennas on existing towers. An antenna may be attached
to a preexisting tower in a nonresidential zone 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 such collocation is accomplished
in a manner consistent with the following:
(1) 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 reconstruction as a monopole is proposed.
(2) An existing tower may be modified or rebuilt to a taller
height, not to exceed the maximum tower height established by this Chapter.
(3) On-site location. A tower which is being rebuilt to accommodate
the collocation of an additional antenna may be moved on site, provided that
the new location is within 10 feet of its existing location and further provided
that said new location is no closer to any property line or nonappurtenant
building than the existing location.
(a) After the tower is rebuilt to accommodate collocation,
only one tower may remain on the site.
Wireless telecommunications facilities shall be located and approved
in accordance with the following prioritized locations:
A. The first priority shall be an existing tower or an existing
or proposed water tower or standpipe owned by either a public or private utility
within or near the City of Pleasantville.
B. The second priority shall be new towers on lands owned
by the City of Pleasantville.
C. The third priority shall be an existing building in the
Regional Shopping Center (RSC), Industrial (IND) and Economic Redevelopment
Area (EDA) Zoning Districts.
D. The fourth priority shall be new towers on lands not
owned by the City of Pleasantville located within the Regional Shopping Center
(RSC), Industrial (IND) and Economic Redevelopment Area (EDA) Zoning Districts.
In addition to the site plan submission requirements contained in the
Zoning and Land Use Code for the City (Chapter 290 of the City Code), the
following information shall be submitted in conjunction with site plan approvals
for all wireless telecommunications facilities:
A. Comprehensive service plan. In order to provide proper
evidence that any proposed location of wireless telecommunications antennas
(and any supporting tower and/or ancillary building enclosing related electronic
equipment) has been planned to result in the fewest number of towers within
the City of Pleasantville at the time full service is provided by the applicant
throughout the municipality, the applicant shall submit a comprehensive service
plan. Said comprehensive service plan shall indicate how the applicant proposes
to provide full service throughout the municipality and, to the greatest extent
possible, said service plan shall also indicate how the applicant's plan is
coordinated with the needs of all other providers of telecommunications services
within the City. The comprehensive service plan shall indicate the following:
(1) Whether the applicant's subscribers can receive adequate
service from antennas located outside of the borders of the City of Pleasantville.
(2) How the proposed location of the antennas relates to
the location of any existing towers within and/or near the City of Pleasantville.
(3) How the proposed location of the antennas relates to
the anticipated need for additional antennas and supporting towers within
and/or near the City of Pleasantville by both the applicant and by other providers
of telecommunications services within the City.
(4) How the proposed location of the antennas relates to
the objective of collocating the antennas of different service carriers on
the same tower.
(5) How the proposed location of the antennas relates to
the overall objective of providing full telecommunications services within
the City of Pleasantville while, at the same, limiting the number of towers
to the fewest possible.
B. 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), and all
properties within the applicable fall zone, adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings of the proposed
tower and any other structure, topography, parking and other information deemed
by the approving authority to be necessary to assess compliance with this
chapter.
C. Legal description of the entire tract and leased parcel
(if applicable).
D. The setback distance between the proposed tower and the
nearest residential unit and residentially zoned properties.
E. The separation distance from other towers and antennas.
F. A landscape plan showing specific landscape materials,
including, but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
G. Method of fencing and finished color and, if applicable,
the method of camouflage.
H. A description of compliance with all applicable federal,
state or local laws.
I. A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional antennas
for future users.
J. Identification of the entities providing the backhaul
network for the tower(s) described in the application and other telecommunications
sites owned or operated by the applicant in the municipality.
K. A letter of commitment to lease excess space to other
potential users at prevailing market rates and conditions. The letter of commitment
shall be in form suitable for recording with the County Clerk prior to the
issuance of any permit and shall commit the tower owner(s), property owner(s)
and their successors in interest.
L. A visual impact study containing, at a minimum, a photographic
simulation showing the appearance of the proposed tower, antennas and ancillary
facilities from at least five points within a three-mile radius. Such points
shall be chosen by the carrier with review and approval by the approving board
or designee to ensure that various potential views are represented.
M. An analysis of the RFR levels at the facility as a means
of assessing compliance with the FCC RF safety criteria. This analysis shall:
(1) Take into consideration all collocated radio transmitting
antennas and/or nearby antennas that could contribute to RFR levels at the
facility.
(2) Be performed by an RF engineer, health physicist or similar
knowledgeable individual.
(3) Follow current methods recommended by the FCC for performing
such analyses.