[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:
ANTENNA
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.
DIAMETER AT POINT OF MEASUREMENT
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.
ENVIRONMENTAL IMPACT STATEMENT (EIS)
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.
FACILITY
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.
GOVERNMENTAL ANTENNA
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]
HEIGHT OF TOWER OR ANTENNA
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.
PERSONAL WIRELESS SERVICES (PWS)
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.
STEALTH TOWER STRUCTURE
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.
TOWER
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.
VIEW SHED
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.
Except where specifically allowed as an accessory use or permitted use as set forth in §§
207-87 and
207-89 of this article, towers and antennas are prohibited in all residential zones.
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.
[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.
[Amended 7-21-2022 by Ord. No. 09-22]
A. Application fees. The applicant shall pay the site plan application fees set forth in §
176-29 of the Borough's Subdivision of Land Ordinance.
B. Expert fees. If the Planning Board or the Board of Adjustment requires the services of a radio frequency engineer or some other expert in connection with an application, the fees of such experts shall be paid by the applicant pursuant to §
47-31L of the Land Use Procedures Ordinance.
[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.
B. Prior to the construction and installation of a governmental antenna in the form of a monopole on Block 57401, Lot 147, a site plan pursuant to §
176-37E of this Code and §
207-92 of this article shall be submitted and approved.
C. The construction and installation of the governmental antenna in the form of a monopole shall be subject to compliance with visual compatibility requirements in §
207-88 of this article.
D. The construction and installation of the governmental antenna in the form of a monopole shall be subject to all provisions of this Article
XVI governing the installation of antennas as otherwise not inconsistent with this §
207-95.