Borough of Florham Park, NJ Chapter 227 Telecommunications Antennas, Cellular (Wireless)

[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 11-21-2000 by Ord. No. 25-00. Amendments noted where applicable.]

§ 227-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANTENNA

A device used to transmit and/or receive radio or electromagnetic waves between earth and/or outer space based structures.

CELLULAR (WIRELESS) TELECOMMUNICATIONS ANTENNA

An antenna that is intended for commercial transmission or reception of personal wireless telephone services communications, and including commercial mobile services communications and common carrier wireless exchange access services, and also including any other accessory structures and equipment necessary for such transmission or reception. A "freestanding cellular (wireless) telecommunications antenna" is such an antenna supported by a tower, mast, pole or similar structure designed primarily for supporting and raising the vertical elevation of such antenna.

§ 227-2 Requirements.

Cellular (wireless) telecommunication antenna are permitted as conditional uses in the zones and locations set forth in Subsection A hereof, subject to compliance with all other requirements in this chapter, Chapter 250, Zoning, and Chapter 212, Subdivision and Site Plan Review, provided that all of the following requirements are met.

A. Permitted location; type of structure. Freestanding telecommunication antennas are permitted as conditional use in the C-1, C-2, C-3, and C-4 Zones and municipal property subject to Federal Communications Commission requirements.

B. Proof of need and minimum impact. The applicant shall be required to demonstrate that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate at least, but not necessarily limited to, the following:

(1) That the technology proposed is the least visually intrusive of various suitable technologies.

(2) That the height of the antennas is the minimum necessary.

(3) That collocation of the antenna on other existing antenna structures, or that location at a less visible location, or that the use of microcells, providing more numerous antennas at lower heights, either within or outside the Borough of Florham Park, is either not practical in order to provide adequate communication or that the visual impact to the community on the proposed site is less than would exist at such alternative locations.

(4) That the use of digital technology for other existing and pending antennas in the area would not eliminate the need for the proposed antenna.[1]

[1] Editor's Note: Former Subsection B(5), regarding a site on municipal property, which immediately followed this subsection, was repealed 9-18-2001 by Ord. No. 26-01.

C. Maximum height. Buildings shall be subject to the applicable height limit in the zone district. The height of antennas and related structures and equipment other than buildings, where permitted, shall be subject to the following height restrictions:

(1) Freestanding antennas and related structures and equipment, other than buildings, in the C-1, C-2, C-3, and C-4 zones and municipal property in all zones shall not exceed 150 feet in height.

(2) Freestanding antennas and related structures and equipment, other than buildings, when mounted on the roof of an existing building, as permitted herein, shall not exceed the height of such roof by more than 20 feet.

D. Required yard location and minimum setbacks. The following required locations and minimum setbacks shall apply:

(1) Freestanding antennas shall not be located in the front yard.

(2) Antennas and related structures and equipment, when mounted on an existing building roof as permitted herein, shall be located so as to minimize any detrimental visual impact, as determined to be appropriate by the Construction Official in the particular situation.

E. Site plan submission and approval.

(1) Cellular and wireless telecommunications antenna permitted as a conditional use by this chapter are subject to the land development procedures established by Chapter 212, Subdivision and Site Plan Review, and Chapter 250, Zoning.

(2) Any application for site plan approval from the Planning Board shall also be filed concurrently with the Construction Official, who shall review and submit written comments to the Planning Board for its consideration in reviewing the application.

F. Mitigation of visual and secured impact. The base of the antenna support structure and any related structures and equipment shall be screened by a landscaped buffer and/or fencing material and secured from the street and adjacent properties in a manner acceptable to the Planning Board. If deemed necessary by the Planning Board to reasonably mitigate the visual impact of the antenna and related structures and equipment, the color, materials and design of the entire antenna and related structures and equipment may be required to be modified in appearance so as to blend in with the surroundings, as determined by the Planning Board to be appropriate to the site in the particular situation. The foregoing may include, but shall not necessarily be limited to, such modifications as special paint treatment, concealment through architectural means such as a bell tower, steeple, etc., or the use of camouflage through simulated foliage so as to appear as a tree.

[Amended 9-18-2001 by Ord. No. 26-01]

G. May be additional principal use on lot. Notwithstanding any provisions of this chapter to the contrary, a cellular tele-communications antenna or antennas are permitted on the same lot as any other permitted principal use or structure in the permitted zones.

H. Design for future collocation.

(1) Any proposed cellular telecommunications antenna and related structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the antenna is over 100 feet high. The antennas and related structures shall be designed for future rearrangement of antennas and to accept antennas mounted at varying heights. If the foregoing design for collocation requires additional antenna installation beyond that permitted above, the Planning Board and Borough Engineer, in determining the acceptable design, shall balance the benefits and probability of collocation against any detriments resulting from such additional antenna height.

(2) The foregoing requirements shall also include a letter of commitment to the Borough Administrator by the applicant, submitted prior to any application to the Planning Board, to lease excess space on the facility to other potential users at reasonable rental rates and on reasonable terms. The letter shall commit the owner of the antenna and related structures and equipment, as well as any successors in interest.

I. Abandonment; removal. The applicant shall annually notify the Borough Administrator on behalf of the Borough of the number of users. Wireless telecommunications towers and equipment which are not operated for wireless telecommunications purposes for a continuous period of six months shall be considered abandoned and shall be removed by the owner, at the owner's expense. This removal shall occur within 90 days at the end of such six-month period of inactivity. If such wireless telecommu-nications tower is not removed within the ninety-day period, the municipality may remove the tower and its structures at the owner's expense. If the facility is to be retained, its owner shall provide proof that the facility will be reused within one year of such discontinuation. If the facility is not used within one year, a demolition permit shall be obtained and the facility removed. Upon removal, the site shall be cleaned, cleared, restored and landscaped to preconstruction conditions. To ensure the removal of abandoned towers and related telecommunications facilities, the facility owner shall be responsible to post a bond at the time a construction permit is issued to cover the costs of tower removal, disposal and site restoration.

J. Enforcement. This chapter is enforced by the Borough Construction Official and/or Zoning Officer.