As used in this article, the following terms
shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
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.
ANTENNA
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, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
BACKHAUL NETWORK
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.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the natural grade that has not been altered by excavation
or importation of material grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna
as well as any structure on which the tower or another structure is
built or in any way affixed or attached.
[Amended 8-20-1997 by Ord. No. 12-1997]
TOWER
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.
The enumeration contained herein is by way of illustration but not
limitation.
[Amended 8-20-1997 by Ord. No. 12-1997]
All new towers or antennas, as defined in this article, in North
Haledon shall be subject to these regulations, except as otherwise
provided.
[Amended 8-20-1997 by Ord. No. 12-1997]
A. General. The uses listed in Subsection
B of this section are deemed to be permitted uses but shall be subject to the conditions herein provided.
B. Permitted
uses. Antennas or towers are permitted uses on property owned, leased
or otherwise controlled by the Borough of North Haledon, provided
a license or lease authorizing such antenna or tower has been approved
by the Mayor and Council upon the filing of an application and hearing
as required by this chapter and/or by law.
C. Antennas
or towers are not permitted on the following Borough-owned property:
Block 1, Lot 6; Block 1, Lot 26; Block 7, Lot 1; Block 31, Lot 22;
Block 31, Lot 23; Block 31, Lot 24; and Block 54, Lot 34.16.
[Amended 8-20-1997 by Ord. No. 12-1997]
A. General. The following provisions shall govern the
issuance approvals by the Mayor and Council for towers, antennas and
facilities on Borough property:
(1)
The Mayor and Council may approve the use of
Borough owned property for telecommunications facilities but shall
not be required to do so. The decision as to whether the Mayor and
Council will approve such use is within the discretion of the Mayor
and Council.
[Amended 6-15-2005 by Ord. No. 7-2005]
(2)
Each applicant for administrative approval shall apply to the Mayor and Council, providing the information required by this chapter and a nonrefundable fee, as set forth in Chapter
275, Fees, to reimburse the Borough for the costs of reviewing the application. In the event that the services of professional consultants are required by the Borough to review the application or the fees of the Borough Attorney and Borough Engineer are in excess of the amount of the application fee, the applicant may be required to post a cash escrow which shall be administered conformable to the requirements of the Municipal Land Use Law.
(3)
The Mayor and Council shall review the application
for completeness to determine if the proposed use complies with the
requirements of this article.
(4)
In connection with any administrative approvals,
the Mayor and Council may grant waivers upon a showing by the applicant
that the advantages of the waiver outweigh the detriment and that
the waiver will not substantially impair the public good.
(5)
The Mayor and Council shall use the standards
of the within article in determining whether to permit the proposed
construction.
(6)
If the application is denied by the Mayor and
Council, the applicant shall have a right to file an appeal in the
Superior Court, or the applicant may apply for an approval as otherwise
provided in this article.
[Amended 8-20-1997 by Ord. No. 12-1997]
In the event of a denial of an application to
the Mayor and Council for permission pursuant to this article, the
applicant may file a site plan application and conditional permit
application with the Planning Board for site plan approval and conditional
permit approval for a wireless communications facility consistent
with the requirements of the within article. Any departure from the
provisions of the within article shall require an application for
a variance pursuant to N.J.S.A. 40:55D-70(d). Such an application
shall be governed by the following standards, as well as other standards
and requirements in this section:
A. Height.
(1)
An existing tower may be modified or rebuilt
to a taller height, not to exceed 30 feet over the tower's existing
height, to accommodate the co-location of an additional antenna but
shall not exceed the overall height limitations of this article.
(2)
The height change referred to may only occur
one time per communications tower.
(3)
The additional height referred to shall not
require an additional distance separation as set forth in this article.
The tower's premodification height shall be used to calculate such
distance separations.
B. On-site location.
(1)
A tower which is being rebuilt to accommodate
the collection of an additional antenna may be moved on site within
50 feet of its existing location, subject, however, to the distance
separation required by this article.
(2)
After the tower is rebuilt to accommodate co-location,
only one tower may remain on the site.
(3)
A relocated on-site tower shall continue to
be measured from the original tower location for purposes of calculating
separation distances between towers pursuant to this article.
[Amended 8-20-1997 by Ord. No. 12-1997]
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 300 square feet of gross floor area or be more than 10 feet in
height measured from the mean ground level. The cabinet or structure
shall be limited to use accessory to the tower.
(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 50% of the roof
area.
(3)
Equipment storage buildings or cabinets shall
comply with all applicable building codes and shall be architecturally
compatible with the building.
(4)
Mounting of the equipment, cabinet or structure
on a rooftop is permitted only if there is no feasible alternative.
B. Location. The equipment cabinet or structure used
in association with antennas shall be located in accordance with the
following:
(1)
In residential districts, the equipment cabinet
or structure may be located:
(a)
In a front side yard, provided the cabinet structure
is no greater than eight feet in height or 30 square feet of gross
floor area and the cabinet/structure is located the same distance
from the lot lines as required.
(b)
In a rear yard, provided the cabinet or structure
is no greater than eight feet in height or 30 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 planed height of
at least 36 inches.
(2)
In commercial or industrial districts, the equipment
cabinet or structure shall be no greater than 10 feet in height or
300 square feet in gross floor area. The structure or cabinet shall
be screened by an evergreen hedge with an ultimate height of eight
feet and a planted height of at least 36 inches. 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
36 inches.
C. Antennas located on towers. The related unmanned equipment
structure shall not contain more than 500 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 and shall contain the equipment cabinets of all of the users
of the tower.
[Amended 7-19-2000 by Ord. No. 7-2000]
[Amended 8-20-1997 by Ord. No. 12-1997]
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 or ancillary structures shall remove
the same within 90 days of receipt of notice from the Borough 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 uses of
a single tower, then this provision shall not become effective unless
all users cease using the tower.
In all applications, the height of a tower for
a single use shall not exceed 90 feet; for two users shall not exceed
120 feet; and for three or more users shall not exceed 150 feet. The
Board reviewing the application may impose a limitation for a lesser
height as long as the lesser height will achieve the required transmission.