[Added 6-5-2001 by Ord. No. 2001-6]
A.
Purpose.
(1)
The purpose of this section is to establish general
guidelines and regulations for the siting of wireless communications
towers and antennas. The goals of this section are to
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the community.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configures
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.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2)
In furtherance of these goals, the Township shall
give due consideration to the Township's Master Plan, Zoning Map,
existing land uses, and environmentally sensitive areas, in approving
sites for the location of towers and antennas. This section further
seeks to comply with the mandate of the Federal Telecommunications
Act of 1996, 47 U.S.C. § 322(c)(7), which preserves local
government authority to manage, with respect to cellular and other
wireless telecommunications services, to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics. This section expressly recognizes that the New Jersey
Supreme Court, in Smart SMR of New York, Inc., v. Borough of Fair
Law Board of Adjustment, 152 N. J. 309 (1998), has declared that wireless
telecommunications facilities are not inherently beneficial uses and
that the facility use must be particularly suited for the proposed
site.
B.
ANTENNA
APPROVING AUTHORITY
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
STEALTH TOWER STRUCTURE
TOWER
Definitions. As used in this § 100-36, 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 radiates
or captures 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,
Zoning Board of Adjustment with respect to variance requests pursuant
to N.J.S.A. 40:55D-70d(1) and (3), or the Zoning Officer for permitted
uses with respect to this section and applicable Township Code provisions
as well as applicable state and federal law.
The lines that connect a provider's tower/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 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
section, 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 the Township Code on property owned, leased or otherwise
controlled by the Township of Holland.
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 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 Township. 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.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas.
This section 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.
(4)
Satellite dish antennas. This section shall not govern
any parabolic satellite antennas.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other provision of this Chapter 100, 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 that sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.
(2)
Lot size. For purpose 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.
(3)
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the approving authority an inventory
of its existing towers, antennas or sites approved for towers or antennas
that are either within the jurisdiction of the Township or within
12 miles of any border thereof, including specific information about
the location, height and design of each tower. The Zoning Officer
may share such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate antennas within the jurisdiction of the Township; provided,
however, that the Zoning Officer is not by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
(4)
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 or the Township,
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 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 without blocking the transmission signals. The forgoing may include,
but shall not necessarily be limited to, stealth measures such as
special paint treatment, concealment through such architectural means
as a bell tower, steeple, etc., or the use or camouflage through simulated
foliage so as to appear as a tree.
(c)
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 structures so as to make
the antenna and related equipments as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lit, unless
required by the FAA. It is the intent of the Township that towers
shall not exceed FAA height standards that would require lighting.
If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views, while still
complying with both FAA and FCC standards and regulations.
(6)
State or federal requirements. All towers must met
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 section 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 emulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(7)
Construction 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 local construction 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 Township 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 removal of the tower or antenna at the owner's expense.
(8)
Not essential services or inherently beneficial uses.
Towers and antennas shall be regulated and permitted pursuant to this
section and shall not be regulated or permitted as inherently beneficial
uses, essential services, public utilities or private utilities.
(9)
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 Township have been obtained and shall filed a copy of all required
franchises with the Zoning Officer.
(10)
Public notice. For purposes of this section, 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 Subsection F(6), Table 1, in addition to any notice otherwise required by the Township Code or other applicable state or federal law.
(11)
Signs. No signs shall be allowed on an antenna
or tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(13)
Multiple antenna/tower plan. The Township encourages
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.
E.
Permitted uses.
(1)
General. The uses listed in this subsection are deemed
to be permitted uses and shall not require a conditional use permit
or variance application.
(2)
Permitted uses. The following uses are specifically
permitted:
(a)
Antennas or towers located on property owned,
leased or otherwise controlled by the Township, provided that a license
or lease authorizing such antenna or tower has been approved by the
Township. However, the Township 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 Township, shall not be
governed by this section and shall be subject to the bidding requirements
of the Local Lands and Buildings Law.[1] The Township, in its absolute discretion, reserves the
express right to deny all use of its property for antennas or towers.
Preexisting towers and antennas are exempt from the application of
this subsection.
[1]
Editor's Note: See N.J.S.A. 40A:12-1 et seq.
(b)
Any antenna which is not attached to a tower pursuant to Subsection E(2)(a) may be attached to any existing business, industrial, officer or institutional structure, or electricity transmission line tower, located in the IND Zone, or to any agricultural structure or electricity transmission line tower in the R-5 Zone, provided that:
[Amended 7-3-2001 by Ord. No. 2001-8]
[1]
The antenna does not exceed 10 feet more than
the maximum building height for the zone wherein the structure is
located or the height of the existing structure to which the antenna
is attached, whichever is higher; except that in the case of an antenna
attached to an electricity transmission line tower the antenna does
not exceed 15 feet more than the height of such tower.
[2]
The antenna complies with all applicable FCC
and FAA regulations.
[3]
The antenna complies with all applicable building
codes.
F.
Conditional use permits and variance applications.
(1)
List of conditional uses. The following uses may be
approved by the applicable approving authority as conditional uses:
(a)
Antennas on existing towers consistent with
the terms of Subsection F(1)(a)[1][a] and [b] below.
[1]
An antenna may be attached to an existing tower
in the IND and R-5 Zones 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 that such collocation
is accomplished in a manner consistent with the following:
[a]
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 approving authority
specifically allows reconstruction as a monopole.
[b]
Height.
[i]
An existing tower may be modified
or rebuilt to a taller height not to exceed the maximum tower height
established by this section.
[ii]
The height change referred to
in Subsection F(1)(a)[1][b][i] may only occur one time per each additional
user of the tower in question, up to a maximum of three times per
tower.
(b)
New towers.
[1]
New towers may be constructed to hold antennas.
In addition to any information required for applications for conditional
use permits pursuant to applicable Township Code provisions and state
law, applicants for a conditional use permit or a variance for a tower
shall submit the following information to the approving authority:
[a]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent and 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 F, 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 approving authority to be necessary to assess compliance with this section.
[b]
A 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 Subsection D(3) 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]
A landscape plan showing specific
landscape materials, including species type, size, spacing and existing
vegetation to be removed or retained.
[f]
Method of fencing and finished
color and, if applicable, the method of camouflage.
[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
Township.
[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 of the proposed new tower.
[k]
A description of the feasible locations
of future towers or antennas for the applicant within the Township,
based upon existing physical, engineering, technological or geographical
limitations in the event that the proposed tower is erected.
[l]
A visual study depicting where,
within a one-mile radius, any portion of the proposed tower could
be seen.
[m]
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 a form suitable for
recording with the Hunterdon County Clerk prior to the issuance of
any permit and shall commit the tower owner(s), property owner(s)
and their successors in interest.
[n]
Documentary evidence regarding
the need for the tower, which information shall identify the existing
coverage areas to demonstrate the need for the new tower at a particular
location within the Township. The evidence shall include a radio frequency
engineering analysis of the search area for the tower.
(2)
Factors considered in granting conditional use permits
or variances for towers. In addition to any standards for consideration
of conditional use permit applications pursuant to any other provisions
of this chapter, the approving authority shall consider the following
factors in determining whether to grant a variance or to issue a conditional
use permit:
(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 within a radius of five
miles.
(e)
Surrounding tree coverage and foliage within
a radius of five miles.
(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 Subsection F(4) of this section.
(i)
Availability of proposed tower to other potential
users.
(j)
All relevant criteria 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), including whether the proposed
tower is particularly suited for the proposed site.
(3)
Applicant to demonstrate efforts to site new antennas;
priority schedule.
(a)
The applicant shall demonstrate efforts to site
new wireless antennas, equipment or towers within the applicant's
search area according to the priority schedule below. Such demonstration
shall include the block and lot of any parcel for which the wireless
provider has attempted to secure a lease or purchase agreement and
copies of all correspondence by or between the wireless provider and
the property owner.
|
Priority Zone
| |
|---|---|
|
1 Municipally owned property
| |
|
2 Antennas on existing structures in the IND
Zone
| |
|
3 Towers in the IND Zone
| |
|
4 Antennas on existing structures in the R-5
Zone
| |
|
5 Towers in the R-5 Zone
|
(b)
For applications for sites in priority area five in § 100-36F(3)(a) above, the applicant shall, in addition to the demonstrations required in § 100-36F(3)(a), submit a statement setting forth that the applicant examined at least two sites other than the site that is the subject of the application and the reasons said sites were not acceptable to the applicant.
(4)
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 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 structures, 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:
(a)
No existing towers or structures are located
within the geographic area which meet the applicant's engineering
requirements.
(b)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support the 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 structures
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 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
be presumed to render the technology unsuitable.
(5)
Setbacks. The following setback requirements shall
apply to all towers for which a variance or conditional use permit
is required:
(a)
Towers must be set back a distance equal to
at least 120% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings.
(b)
Accessory buildings must satisfy the minimum
zoning district setback requirements.
(c)
No tower shall exist within required buffer
or conservation easement areas if adjacent to residential zones and
as prescribed under local ordinance.
(6)
Separation. The following separation requirements
shall apply to all towers for which a variance or conditional use
permit is required:
[Amended 7-3-2001 by Ord. No. 2001-8]
(a)
Separation from off-site uses/designated areas.
[1]
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.
[2]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| |
|---|---|
|
Separation From Off-Site Uses/Designated
Areas
| |
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Base of tower to:
| |
|
Residential, buildings, public parks and buildings,
public or private schools, municipal buildings (unless the tower is
located on the site of a municipal building itself), libraries or
houses of worship and any site designated on the federal, state or
municipal historic register
|
500 feet or 300% of the height of the tower,
whichever is greater.
|
|
Vacant residentially zoned land
|
500 feet or 300% of the height 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.
|
(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 thawing 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
| |||
|---|---|---|---|
|
Separation Distances Between Towers-Types
| |||
|
Lattice
(linear feet)
|
Monopole 100 Feet or Greater in Height
(linear feet)
|
Monopole Less Than 100 Feet in Height
(linear feet)
| |
|
Lattice
|
5,000
|
1,500
|
750
|
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
|
|
Monopole less than 100 feet
|
750
|
750
|
750
|
(7)
Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height and shall also be equipped
with appropriate anticlimbing measures.
(8)
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 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 10
feet wide outside the perimeter of the compound.
(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.
(10)
Lot size. In addition to the requirements of Subsection D(2), the minimum lot size for any new tower shall be as required by the zoning district in which located.
(11)
General requirements. The following provisions
shall govern the issuance of conditional use permits or variances
for towers or antennas by the approving authority:
(a)
If the tower or antenna is not a permitted use under Subsection E of this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
(c)
In granting a conditional use permit or variance,
the approving authority may impose conditions to the extent that the
approving authority concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties.
(d)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(e)
(f)
No towers or antennas shall be permitted as conditional uses in residential or public use zone districts unless located upon property owned by the Township and subject to the provisions of Subsection E(2).[3]
[3]
Editor's Note: Former Original F(11)(f), regarding
placement of towers and antennas, was repealed 7-3-2001 by Ord. No.
2001-8.
(g)
The application fee and escrows shall be paid
as required herein.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
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.
(b)
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.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
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 of
the zoning district in which located.
(3)
Structures or cabinets shall be screened 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 an evergreen hedge with an ultimate height of eight feet and a
planted height of at least six feet.
H.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of six months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 calendar days of receipt of notice
from the Township notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said 90 calendar days
shall be grounds for the Township to require removal of 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 Township may condition
the issuance of any permit to construct a tower or antenna on the
posting of an appropriate performance bond or other suitable guaranty
in a face amount of not less than 120% of the cost to remove the tower
and restore the property as determined by the Township Engineer for
such construction as required under all applicable Township ordinances.
I.
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection F. 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 as specified in Subsection H.
