[Added 5-15-2001 by Ord. No. 2969-01]
A.
The purpose of this article is to establish general
guidelines for the siting of wireless communications towers and antennas.
The goals of this article are to:
(1)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential
areas;
(3)
Minimize the total number of towers throughout
the community;
(4)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers;
(5)
Encourage use of existing buildings, light and
utility poles and/or towers, to the extent possible, where appropriate,
as opposed to the construction of new towers in areas where the adverse
impact on the community is minimal;
(6)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(7)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovate camouflaging techniques;
(8)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently;
(9)
Consider the public health and safety of communication
towers; and
(10)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
B.
In furtherance of these goals, the Borough of Rutherford
shall give due consideration to the Borough of Rutherford's Master
Plan, Zoning Map, existing land uses, and environmentally sensitive
areas in approving sites of towers and antennas.
As used in this article, the following terms
shall have the meanings set forth below:
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, and similar alternative-design
mounting or stealth structures that camouflage or conceal the presence
of antennas or towers.
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.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital 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.
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.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The Federal Communications Commission.
A tower that is supported or braced through the use of cables
(guy wires) that are permanently anchored.
When referring to a tower or other structure the distance
measured from the lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
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.
The surface or structure upon which antennas are mounted,
including the following three types of mounts:
BUILDING MOUNTMounted on the roof or the side of a building.
GROUND MOUNTEDAntenna support (tower) mounted on the ground.
STRUCTURE MOUNTEDMounted on or in a structure other than a building.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this article, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and has not
expired.
The emissions from wireless telecommunications facilities
or any electromagnetic energy within the frequency range from 0.003
MHZ to 300,000 MHZ.
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").
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, guyed towers, or monopole towers. 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.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services, including cellular, personal
communications 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 exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
B.
Amateur radio station operators/receive only antennas.
This article 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.
D.
AM Array. For purposes of implementing this article,
an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
E.
Satellite dish antennas. This article shall not govern
any satellite dish antennas presently regulated under the Borough
Code.
A.
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. Notwithstanding
any other borough land use regulation, 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
the sole use of the lot, the tower shall be deemed to be the principal
use.
B.
Lot size. For purposes 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.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Building Inspector an inventory
of existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of the Borough of Rutherford
or within three miles of the border thereof, including specific information
about the location, height, and design of each tower. The Building
Inspector may share such information with other applicants applying
for administrative approvals or permits under this article or other
organizations seeking to locate antennas within the jurisdiction of
the Borough of Rutherford; provided, however, that the Building Inspector
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
D.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
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.
(2)
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.
(3)
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.
E.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
F.
State or federal requirements. All towers must meet
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 article 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 regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
G.
Building 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
of New Jersey or the borough's building 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
Borough of Rutherford 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 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
H.
Not essential services. Towers and antennas shall
be regulated and permitted pursuant to this article and shall not
be regulated or permitted as essential services, public utilities,
or private utilities.
I.
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 Borough
of Rutherford have been obtained and shall file a copy of all required
franchises with the administrative officer.
J.
Public notice. For purposes of this article, any conditional
use request, variance request, or appeal of an administratively approved
use or conditional use shall require public notice to all abutting
property owners and all property owners of properties that are located
within 200 feet of the property on which the wireless antennae is
proposed, in addition to any notice otherwise required by the Code
of the Borough of Rutherford or the New Jersey State Municipal Land
Use Act.[1]
[Amended 11-23-2009 by Ord. No. 3193-09]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
K.
Signs. No signs shall be allowed on an antenna or
tower.
L.
Buildings and support equipment. Buildings and support
equipment associated with antennas or towers should comply with the
requirements of this chapter.
M.
Multiple antenna/tower plan. The Borough of Rutherford
encourages and mandates the owners of towers and antennas to collocate
antennas. Applications for approval of collocation sites shall be
given priority in the review process.
[Amended 11-10-2008 by Ord. No. 3166-08]
Towers and antennas shall not be permitted,
except by conditional use permit.
A.
List of conditional uses. The following uses may be
approved by the Borough as conditional uses:
(1)
Antennas on existing structures or towers consistent with the terms of Subsection A(1) and (2) below:
(a)
Antennas on existing structures. Any antenna
which is not attached to a tower may be attached to any business,
industrial, office or institutional structure not located in a residential
zone, provided:
[Amended 11-10-2008 by Ord. No. 3166-08]
(b)
Antennas on existing towers. An antenna may
be attached to an existing 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 the Building Inspector
allows reconstruction as a monopole.
[2]
[3]
On-site location.
[a]
A tower which is being rebuilt
to accommodate the collocation of an additional antenna may be moved
on-site within 50 feet of its existing location.
[b]
After the tower is rebuilt to accommodate
collocation, only one tower may remain on the site.
[c]
A relocated on-site tower shall
continue to be measured from the original tower location for purposes
of calculating separation distances between towers. The relocation
of a tower shall be subject to site plan approval by the Planning
Board.
(2)
New towers. New monopoles may be constructed
in a nonresidential zone, subject to the conditions outlined in this
article, to hold antennas. Lattice towers and any type of guyed towers
are prohibited. In addition to any information required for applicants
for conditional use permits pursuant to this chapter, applicants
for a conditional use permit for a tower shall submit the following
information:
(a)
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),
Master Plan classification of the site and all properties within the
applicable separation distances set forth herein, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and other structures, topography, parking,
and other information deemed by the Building Inspector to be necessary
to assess compliance with this article.
(b)
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 unplatted residentially zoned properties.
(d)
The separation distance from other towers described
in the inventory of existing sites 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 towers(s),
if known.
(e)
A landscape plan showing specific landscape
materials.
(f)
Method of fencing, and finished color, and,
if applicable, the method of camouflage and illumination.
(g)
A description of compliance with this article
and all applicable federal, State of New Jersey or borough ordinances.
(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 municipality.
(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 location(s) of
future towers or antennas within the Borough of Rutherford based upon
existing physical, engineering, technological or geographical limitations
in the event the proposed tower is erected.
(l)
A visual study depicting where, within a three-mile
radius, any portion of the proposed tower could be seen.
(m)
A statement of intent on whether excess space
will be leased.
B.
Factors considered in granting conditional use permits
for towers. In addition to any standards or consideration of conditional
use permit applications pursuant to this chapter, the Planning Board
shall consider the following factors in determining whether to issue
a conditional use permit:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential district
boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress;
(8)
Availability of suitable existing towers, other
structures, or alternative technologies not requiring the use of towers
or structures, as discussed in this article; and
(9)
Availability of the proposed tower to other
potential users.
C.
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 Planning
Board 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 Planning Board related to the availability of suitable
existing towers, 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:
(1)
No existing towers or structures are located
within the geographic area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
(4)
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.
(5)
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.
(6)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(7)
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.
D.
Setbacks. The following setback requirements shall
apply to all towers for which a conditional use permit is required:
(1)
Towers must be set back a distance equal to
at least 100% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings.
(2)
Guides and accessory buildings must satisfy
the minimum zoning district setback requirements as set forth in this
chapter.
(3)
No tower shall exist within required buffer
areas, if adjacent to residential zones and as prescribed under local
ordinance.
(4)
The minimum tower setback from a residential
zone district line and from any school and from any site designated
on the federal, state or municipal historic register shall be 500
feet.
E.
Separation. The following separation requirements
shall apply to all towers and antennas for which a conditional use
permit is required:
(2)
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 drawing 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 1,000 feet.
F.
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device.
G.
Landscaping. The following requirements shall govern
the landscaping surrounding towers:
(1)
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 four
feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
(3)
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.
H.
General requirements. The following provisions shall
govern the issuance of conditional use permits for towers or antennas
by the approving authority.
(1)
A conditional use permit shall be required for
the construction of a tower or the placement of an antenna.
[Amended 11-10-2008 by Ord. No. 3166-08]
(2)
Applications for conditional use permits under
this section shall be subject to the procedures and requirements of
this chapter, except as modified in this section.
(3)
In granting a conditional use permit, the Planning
Board may impose conditions to the extent the Planning Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(4)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical, or electrical, shall
be certified by a licensed professional engineer.
(5)
An applicant for a conditional use permit shall
submit the information described in this section and a nonrefundable
application fee and an escrow deposit as required by the Borough of
Rutherford Code for conditional use applications.
(6)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna are permitted as conditional uses only
in the following zones.
[Amended 11-10-2008 by Ord. No. 3166-08]
(a)
No towers or antennas shall be permitted as
conditional uses in a residential zone.
(7)
An application fee and escrows shall be paid
as required by the Borough Code.
A.
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(1)
The cabinet or structure shall not contain more
than 100 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
40 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.
(2)
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.
(3)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
B.
Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
(1)
In a front or side yard, provided the cabinet
or structure is no greater than six feet in height or 100 square feet
of gross floor area and the cabinet/structure is located a minimum
of 75 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 42 to 48
inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided the cabinet or structure
is no greater than eight feet in height or 120 square feet in gross
floor area. The cabinet structure shall be screened by an evergreen
hedge with an ultimate height of eight feet and a planted height of
at least 48 inches.
(3)
In all other instances, structures or cabinets
shall be screened from view of all residential properties which abut
or are directly across the street from the structure or cabinet by
a solid fence six feet in height or an evergreen hedge with an ultimate
height of eight feet and a planted height of at least 72 inches.
C.
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 yard requirements of the zoning district in which
located.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Rutherford notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove 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 borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in the face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough Ordinances, including but not limited to Chapter 78, Property Maintenance.
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 administrative
approval or a conditional use permit and without having to meet the
separation requirements specified herein. 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.
The Planning Board or Zoning Board may, as it
deems appropriate, retain technical consultants as it deems necessary
to provide assistance in the review of the site location alternatives
analysis. The service provider shall bear the reasonable cost associated
with such consultation, which cost shall be deposited in accordance
with the borough's escrow policies.
Site plan approval by the Planning Board is
required for the installation of any wireless communications tower
and/or antenna within the municipal boundaries in all zoned districts.
Each application shall include a site plan showing the specific design,
location, size and construction of the proposed structure which shall
comply in all respects with the standards enumerated herein.
A.
After the wireless telecommunications facility is
in operation, the applicant shall submit, within 90 days of beginning
operations, and at annual intervals from the date of issuance of the
building permit, existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by a radio
frequency engineer, stating that FRF requirements are accurate and
meet FCC guidelines as specified in the radio frequency standards
section of this section.
B.
The applicant and coapplicant shall maintain the wireless
telecommunications facility in good condition. Such maintenance shall
include, but not be limited to, painting, structural integrity of
the mount and security barrier, and maintenance of the buffer areas
and landscaping.
This ordinance and all of its terms and conditions,
including annual reporting and continued maintenance, shall be binding
upon the applicant, coapplicant, any legal successor in interest,
and the real party in interest.