[Added 7-20-2000 by Ord. No. 8-2000]
[Amended 7-21-2022 by Ord. No. 09-22]
This article establishes general regulations
and design standards for the location of governmental and nongovernmental
wireless telecommunications towers and antennas. The goals of this
article are: to avoid the incompatibility of towers and antennas with
residential uses by prohibiting the location and siting of towers
and antennas in the residential zones; as a first priority, to locate
antennas on existing towers, structures and buildings rather than
construct additional wireless telecommunications towers; as a second
priority, to locate antennas and towers on municipally owned lands,
public open space or park land; as a third priority, to locate towers
in a nonresidential zone; to avoid potential damage to adjacent properties
from tower failure through proper engineering and careful siting of
towers; to encourage the co-location of antennas where technically
feasible on any tower constructed under this article; and to prevent
the construction, installation or placement of speculative towers
where there is no demonstrated need.
Whenever this article refers to any applicable
law, rule, regulation or standard, the most current law, rule, regulation
or standard shall govern. As used in this article, the following terms
shall have the meanings indicated:
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, radar signals, telecommunications signals or other
communications signals.
ANSI.
The diameter of a tree measured 4 1/2 feet above the ground
level of trees to be surveyed in the field. On sloped terrain, such
measurement shall be made on the downhill side. Diameter at point
of measurement may appear in this article as the abbreviation DPM.
ETA.
For the purposes of this article, a report which shall evaluate
the existing conditions of the location where the antenna, tower or
equipment compound is proposed, the full impact of construction on
the existing conditions, terrestrial ecology, environmental setting
and cultural resources through the actions of grading, soil disturbance,
facility construction, site drainage and other above or below ground
disturbances.
See "wireless telecommunications equipment compound."
The construction, reconstruction, structural alteration or
installation proposed by the applicant including, but not limited
to, the antennas, equipment compound, tower and access drives and
roads.
Any antenna as defined herein which is owned, operated, maintained,
repaired and replaced exclusively by a governmental entity and used
exclusively for emergency and governmental communications purposes.
[Added 7-21-2022 by Ord. No. 09-22]
The distance measured from the lowest finished grade of the
base of the tower or antenna to the highest point on the tower or
antenna, including the base pad and any antennas or equipment mounted
thereon.
Any Federal Communications Commission (FCC) licensed operation
which provides commercial wireless communications either for hire
as a common carrier on a private basis to subscribers and which include
without limitation personal communication services (PCS), cellular,
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR) and paging.
Simulated trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures such as stealth
antennas or flush-mounted antennas that camouflage, conceal or minimize
the presence of antennas or towers.
TIA.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar wireless telecommunications purposes, including
self-supporting lattice towers or monopole towers. The term includes
the structure and its foundation, radio and television transmission
towers, microwave towers, cellular telephone towers, common-carrier
towers, alternative tower structures and the like.
A map 1:100,000 scale depicting areas from which the tower
or portions thereof may be seen within a distance of eight miles from
the proposed structure in all directions.
A comprehensive report which shall assess the impacts of
the proposed personal wireless services facility on the existing landscape
and skyline.
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
Antennas and towers shall be located and land
use permissibility determined in accordance with the following prioritized
locations:
A.
The first priority location shall be on an existing tower, building or structure as enumerated in § 207-87 of this article, provided that the new installation does not increase the height by more than 10 feet or 10% of the building or structure, whichever is less.
B.
The second priority location shall be on municipally
owned lands, public open space or parkland.
[Amended 7-21-2022 by Ord. No. 09-22]
C.
The third priority location shall be on land or structures
in any nonresidential zone.
A.
Notwithstanding anything in this Chapter 207 to the contrary, antennas are permitted as accessory uses and structures in all zone districts only if installed on a specific existing structure:
[Amended 6-21-2001 by Ord. No. 3-2001; 7-21-2022 by Ord. No. 09-22]
|
Structure
|
Block
|
Lot
|
Street
| |
|---|---|---|---|---|
|
Relay tower
|
56502
|
113
|
Graceview Drive
| |
|
Municipal water tower
|
45104
|
112
|
Lincoln Road
| |
|
Water tank
|
24706
|
134
|
Cliff Trail
| |
|
Municipal water tank
|
57401
|
147
|
Denise Drive
| |
|
Department of Public Works Building
|
10801
|
102
|
Kinnelon Road
|
A.
Antennas may be erected on an existing tower, building or structure only in accordance with § 207-87 of this article. A wireless telecommunications equipment compound may be constructed in support of such antennas or a new tower only consistent with the following requirements:
[Amended 11-16-2000 by Ord. No. 12-2000]
(1)
Antenna arrays shall not extend by more than 10 feet
or 10% of the overall height of any such building, building or structure,
whichever is less.
(2)
A wireless telecommunications equipment compound consisting
of no more than 900 square feet in area for each PWS carrier shall
be enclosed within a solid wooden fence at least seven feet high and
no more than eight feet high as approved by the Borough Engineer,
which shall include a locking security gate. At the applicant's discretion,
a chain link fence may be installed immediately inside the solid wooden
fence for security purposes. For security reasons, the applicant may
top the fence with barbed wire. The height of the equipment building
shall not exceed 15 feet.
(3)
A wireless telecommunications equipment compound shall
be situated behind existing structures, buildings or terrain features
which will shield the equipment compound from public view.
(4)
When a location out of public view is not possible,
a landscape buffer of 20 feet in width shall be provided outside the
fence around the equipment compound to shield the facility from public
view. Landscaping shall include native evergreen and deciduous trees
of a minimum of 3 1/2 inches DPM at least eight feet high at the time
of planting. The number of trees shall be based on the equivalent
of staggered double rows at 15 feet on center.
B.
Antennas installed according to these provisions shall
be suitably finished and/or painted so as to minimize their visual
impact on the landscape. Depending on the placement of this equipment,
a color should be selected to be consistent with the color scheme
of the building or structure on which they are mounted in order to
blend with their surroundings. When this is not possible, color selection
shall be designed to minimize the visual impact of the antenna arrays.
Applicant shall install flush-mounted antennas, wherever practicable.
[Amended 7-21-2022 by Ord. No. 09-22]
Where an applicant demonstrates in accordance with the requirements of § 207-91C(1)(e) of this article that it is not technically feasible to install antennas on an existing tower, building or structure as enumerated in § 207-87 of this article, or where reasonable arrangements cannot be made with the owner of the existing tower, structure or building listed in § 207-87 of this article, antennas and towers shall in next priority be a permitted use if located on municipally owned lands, public open space or parkland.
[Amended 7-21-2022 by Ord. No. 09-22]
Where an applicant demonstrates in accordance with the requirements of § 207-91C(1)(e) of this article that it is not technically feasible or where reasonable arrangements cannot be made with the owner to install antennas first on an existing tower, building or structure as enumerated in § 207-87 of this article or on municipally owned lands or on public open space or parkland in accordance with this article, then antennas and towers shall in next priority be a permitted use in all nonresidential zone districts of the Borough.
A.
Height and setbacks. Where an applicant proposing to construct a new tower demonstrates to the satisfaction of the reviewing agency that suitable locations to hold an antenna on an existing tower, building or structure in accordance with the requirements of § 207-91C(1)(e) as enumerated in § 207-87 of this article either do not exist or are not available or where adequate and reasonable arrangements cannot be made with the owner of said structure to utilize the same, the applicant may propose a new tower on municipally owned lands, public open space or parkland and, if the applicant demonstrates that it is not technically feasible to install antennas on municipally owned land or open space or parkland, then the applicant may propose a new tower on property in a nonresidential zone. The construction of any new tower shall be only in accordance with all zoning regulations of the zone in which the proposed structure is located and the following additional requirements:
[Amended 7-21-2022 by Ord. No. 09-22]
B.
Visual compatibility. The applicant shall comply with the visual compatibility requirements in § 207-88 of this article and, in addition, stealth designs shall be employed.
[Amended 11-16-2000 by Ord. No. 12-2000]
C.
Other requirements for towers.
(1)
Where new towers or replacements are proposed, the
following shall be submitted:
(a)
A report by a licensed professional engineer
which, in the case of a tower, shall include:
[1]
A detailed description of the proposed facility,
tower, antennas, equipment compound, structures and associated equipment,
including height, design, features, access roads and power lines,
if any.
[2]
Information which demonstrates compliance with
the applicable structural standards of EIS/TIA EIA RS222.
[Amended 11-16-2000 by Ord. No. 12-2000]
[3]
A description of the tower's capacity, including
the number and types of antennas it can accommodate. The report shall
indicate the power and frequency of all transmissions to be broadcasted
from the facility. In the case of an antenna mounted on an existing
structure, the report shall indicate: the existing structure's suitability
to accept the antenna and the proposed method of affixing the antenna
to the structure; complete details and scaled drawings of all fixtures
and couplings; and the precise point of attachment shall be indicated.
Where a roof mount extends above the roof, the applicant shall demonstrate
every effort has been made to conceal the mount within or behind existing
architectural features to limit visibility from public streets and
adjoining properties. Side mounts shall blend with the existing architecture
and, if over five square feet, shall be painted or shielded with material
consistent with the design features and materials of the building.
[4]
A map (1:100,000 scale) showing the extent of
planned coverage for the PWS within the Borough and the location and
service of applicant-operated facilities.
[5]
Plan and elevation drawings showing the proposed
tower, antennas and their associated equipment. The plan shall have
a scale no smaller than one inch equals 40 feet.
[6]
A topographic profile showing the proposed tower,
antennas, the equipment compound and all associated equipment. The
topography shall be drawn with a minimum of two-foot contour intervals.
(b)
The applicant shall submit an environmental
impact statement (EIS) which shall address a description of the slopes,
wetlands, watercourses, other environmental characteristics of the
facility site, archaeological sites and any historically designated
areas of the site, any impacts to these and a mitigation plan.
(c)
The applicant shall submit a visual environmental
assessment form (Visual EAF) which shall include:
[1]
An inventory of scenic vistas and the visual
impact of this project on these and other areas of scenic quality
such as, but not limited to, ridge lines, ponds, lake fronts, brooks
and streams, meadows, farmland, public open space or parkland, archaeological
sites or any listed or eligible historic sites on local, state or
federal registers and similar designations.
[2]
A sight line representation shall be shown from
any public road within 300 feet and the closest facade of each building
(viewpoint) within 300 feet to the highest point (visible point) of
the regulated facility. Each sight line shall be depicted in profile,
drawn at one inch equals 40 feet. The profiles shall show existing
intervening trees and buildings.
[3]
A plan map of a circle of two miles radius from
the facility site on which any visibility of the proposed tower from
a public way shall be indicated.
[4]
An architectural rendering of the view of the
tower from adjoining properties and roads.
[5]
The applicant shall submit photographs of:
[a]
Existing condition photographs
in which each sight line shall be illustrated by an eight-inch by
ten-inch color photograph of what can currently be seen from any public
road within 300 feet, and at a minimum of eight cardinal radials to
the extent that access as needed is granted by property owners.
[b]
Proposed after-condition photographs
in which each existing condition photograph shows the proposed facility
superimposed on it to scale.
[6]
Applicant shall provide a view shed analysis
also showing these photograph locations.
(e)
A site selection report.
[1]
A site selection report shall inventory existing facilities, towers and antenna sites within a reasonable distance (at least two miles in all directions) from the proposed site, outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower, facility or antenna cannot be accommodated on an existing tower, building or structure as enumerated in § 207-87 of this article due to one or more of the following reasons:
[a]
Written confirmation of the unwillingness
of the owner to entertain a facility modification or PWS proposal.
[b]
The applicant's proposed equipment
would exceed the structural capacity of existing and approved tower
and facilities considering existing and planned uses for the facilities.
[c]
The proposed equipment would cause
radio frequency interference, which cannot be reasonably prevented,
with other existing or planned equipment of the facility.
[d]
Existing or approved towers or
facilities do not have space on which applicant's proposed equipment
can be placed so it can function effectively and reasonably.
[e]
Other reasons which make it impracticable
to place the equipment proposed by the applicant on an existing approved
tower or facilities.
[2]
A statement containing a description of the
siting criteria and the process by which other possible sites were
considered and eliminated, including but not limited to real estate
search areas, distances and bearings to other system sites, acceptable
radio frequency signal strength levels and/or microwave interconnection
path requirements. The applicant shall support this statement with
the submission of a study comparing all potential host sites within
an approximate two-mile radius of the subject site (areas where personal
wireless service facilities are prohibited need not be considered).
This study should include a description of the surrounding sites and
a discussion of the ability or inability to host a facility. Reasons
for excluding a site from consideration may include, without limitation:
[a]
The written confirmation of the
unwillingness of the owner to entertain a facility.
[b]
Topographic limitations of the
site.
[c]
Adjacent impediments that would
obstruct adequate wireless transmissions.
[d]
Physical site constraints that
would preclude the construction of a facility.
[e]
Technical limitations of the proposed
wireless system.
(f)
A report on compliance with the latest version
of the American National Standards Institute (ANSI) standards and
analyzed according to the requirements of the FCC Bulletin O.E.T 65
describing the impact on human health, if any, prepared by a radio
frequency engineer. The report shall indicate compliance with all
applicable FCC regulations and guidelines.
(g)
A written irrevocable commitment to rent or
lease available space for co-location on the tower at fair market
prices and terms without discrimination to other carriers.
(h)
The reviewing agent may require a balloon test
which shall be held by the applicant at least 14 days prior to the
public hearing, with a notice to the public in a local newspaper of
general circulation of the location, time and date. Notice to the
public shall be by the applicant at least seven to 14 days in advance
of the first test date and shall list an alternative date and time
in case of poor visibility on the initial date. At the test, a three-foot
diameter brightly colored balloon shall be raised to the height of
the proposed tower and shall remain in place as long as practical,
but not less than four consecutive hours, sometime between 9:00 a.m.
and 5:00 p.m. of the dates chosen.
(2)
Existing towers and facilities. Where a new PWS or antenna is proposed to be constructed or located on an existing tower or on the specific existing structures or buildings listed in § 207-87 of this article, the following shall be submitted and considered in addition to the requirements of §§ 207-88 and 207-91C(1)(a)[3] of this article:
(a)
A description of the proposed antennas and associated
equipment.
(b)
A map (1:100,000 scale) showing the extent of
planned coverage for the PWS within the Borough and the location and
service of applicant operated facilities.
(c)
Plan and elevation drawings at a scale of one
inch equals 40 feet showing the proposed antennas and their associated
equipment.
(d)
A report on compliance with the latest version
of the ANSI standard and analyzed according to the requirements of
the FCC Bulletin O.E.T 65 describing the impact on human health, if
any, prepared by a radio frequency engineer. The report shall indicate
compliance with all applicable FCC regulations and guidelines.
(e)
A structural analysis of the existing tower
with the antennas and associated equipment prepared and signed by
a licensed engineer demonstrating compliance with EIS/TIA EIA RS222.
[Amended 11-16-2000 by Ord. No. 12-2000]
(f)
If the construction or placement constitutes
an expansion of a legally nonconforming facility or tower, identification
of other facilities or towers where the equipment or antenna could
be located, and the reason this location is superior to other locations
is required.
A.
All site plan details required by Chapter 176, Article XII, shall be provided, and in addition shall include the site boundaries; proposed tower location; existing structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; uses, structures and land use designations on the site and abutting parcels; and the setback distance between the proposed tower and the nearest residential unit, adjacent properties and other towers.
B.
In the case of an antenna mounted on an existing tower, structure or building listed in § 207-87 of this article, the proposed method of affixing the antenna to the structure or building, complete details and scaffold drawings of all fixtures and couplings and the precise point of all attachments shall be indicated.
C.
A landscape plan drawn to scale, generally showing
proposed landscaping, including species type, size, spacing, other
landscape features and existing vegetation to be retained, removed
or replaced shall be supplied. In the case of a tower, year-round
evergreen screening to effectively screen the tower base and equipment
buildings and compound, screening to minimize impact of the tower
from nearby residential properties and screening to minimize impact
on scenic views identified in the Visual EAF shall be supplied.
D.
An environmental impact statement shall be supplied.
E.
A report from a licensed professional engineer containing
the following items shall be supplied:
(1)
A description of the tower design and height with
particular reference to design characteristics that have the effect
of reducing or eliminating visual obtrusiveness.
(2)
Documentation to establish that the tower has sufficient
structural integrity for the proposed uses at the proposed location
with additional collocators, as may be provided by this article and
meets the minimum requirements of EIS/TIA RS222.
[Amended 11-16-2000 by Ord. No. 12-2000]
(3)
The general capacity of the tower in terms of the
number and type of antennas it is designed to accommodate.
F.
A letter of commitment by the applicant to lease excess
space on the tower to other potential users at prevailing market rates
and conditions shall be supplied. The letter of commitment shall be
recorded prior to issuance of a building permit. The letter shall
commit the tower owner and successors in interest.
G.
Elevations of the proposed tower and compound accurately
depicting all proposed antennas, platforms, finished materials and
all other accessory equipment shall be supplied.
H.
A copy of the lease or deed for the property shall
be supplied.
A.
The owner or operator of a tower shall provide to
the Borough Clerk a report every two years from a licensed professional
engineer certifying the structural integrity of the tower or structure,
together with all antennas mounted thereon and whether they remain
in use and that they meet applicable minimum safety requirements.
Such report shall also be provided whenever the antenna(s) is modified
and shall include a detailed listing of all antennas and equipment
so certified. Vendors shall also be required to notify the Borough
Clerk when the use of such antennas and equipment is discontinued.
B.
Towers and antennas which are not in use for wireless
telecommunications purposes for a continuous period of six months
are deemed to be abandoned and shall be removed by the facility owner
at its cost. This removal shall occur within 90 days of the end of
such six-month period. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of approval. The facility owner shall post a bond to cover
the cost of tower removal and site restoration prior to its removal.
The amount of the bond shall be calculated to account for cost escalations.
[Amended 7-21-2022 by Ord. No. 09-22]
[Added 6-21-2001 by Ord. No. 3-2001; amended 7-21-2022 by Ord. No. 09-22]
A.
Notwithstanding anything in this Chapter 207 to the contrary, a singular governmental antenna in the form of a monopole with a height not to exceed 100 feet, measured as defined herein, together with the related wireless telecommunications equipment compound, shall be permitted to be located on a portion of Block 57401, Lot 147, which property currently contains the Denise Drive water tank.
