[Added 7-16-1997 by Ord. No. 11-1997]
A.
The purpose
of this article is to establish general guidelines for the siting
of wireless communications towers, antennas and facilities.
B.
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 users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(6)
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 innovative camouflaging techniques;
(7)
Permit the providers of telecommunications services
to provide such services to the community at appropriate locations
as determined in this article;
(8)
Consider the public health and safety of communications
towers; and
(9)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
C.
In furtherance of these goals, North Haledon shall
give due consideration to the North Haledon Master Plan, Zoning Map,
existing land uses, and environmentally sensitive areas in approving
sites for the location of towers, antennas and facilities.
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.
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.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
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]
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.
A.
Principal or accessory use. Antennas and towers, where
permitted, within the meaning of this article shall be a principal
use rather than accessory use.
B.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with district 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
approval of an antenna and/or tower shall include an inventory of
existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of North Haledon or within
one mile of the border thereof, including specific information about
the location, height, and design of each tower.
[Amended 8-20-1997 by Ord. No. 12-1997]
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 or shall be in
accordance with any conditions of approval granted by North Haledon.
(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, and the determination
of compliance shall be in accordance with any North Haledon resolution
of approval.
(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.
The determination of compliance with the within criteria, as well
as all other criteria, shall be in the sound discretion of North Haledon.
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, 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
or local 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 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 removal
of the tower or antenna at the owner's expense. The owners shall,
in the case of conflicting code standards, comply with the most stringent
of the applicable standards.
H.
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in North Haledon irrespective of municipal and county jurisdictional
boundaries.
I.
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 unless otherwise required by the provisions of
law.
J.
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 communications system in North Haledon
have been obtained and shall file a copy of all required franchises
with the Borough.
K.
Public notice. For purposes of this article, any application
to North Haledon shall require public notice to all abutting property
owners and property owners of properties that are located within the
corresponding separation distance required by this article, in addition
to any notice otherwise required by this chapter and the Municipal
Land Use Act (N.J.S.A. 40:55D-1 et seq.).
L.
Signs. No signs shall be allowed on an antenna or
tower except small warning signs.
[Amended 8-20-1997 by Ord. No. 12-1997]
[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.[1]
(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.
A.
Towers, antennas and structures within the meaning of this article are prohibited in residential districts as well as those lots and blocks enumerated in § 600-159C, with the exception of all other Borough-owned lots. An applicant shall have a right to submit a use variance application to the Planning Board pursuant to the provisions of N.J.S.A. 40:55-70(d). The applicant shall, in addition to meeting the criteria of the affirmative and negative proof under N.J.S.A. 40:55-70(d), have the burden of proof as to the criteria of this article applicable to Borough property or as to industrially or commercially zoned property, as well as any other criteria in the within article. The applicant shall also have the burden of proof of demonstrating that it cannot build the facility on Borough-owned land nor on commercial or industrial zoned land as evidenced by denials pursuant to this section.
[Amended 8-20-1997 by Ord. No. 12-1997; 7-19-2000 by Ord. No. 7-2000; 11-2-2022 by Ord. No. 25-2022]
B.
Towers.
(1)
Information required. In addition to any information
required for applications pursuant to any provisions of this article,
the applicant 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 in this article, 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 Zoning Board
to be necessary to assess compliance with this article.
(b)
Legal description of the parent tract and leased
parcel (if applicable) and a copy of the lease if there is one.
[Amended 8-20-1997 by Ord. No. 12-1997]
(c)
The setback distance between the proposed tower
and the nearest residential unit and vacant residentially zoned properties.
(d)
The separation distance from other towers described
in the inventory of existing sites submitted pursuant to this article
shall be shown on an updated site plan map. The applicant shall also
identify the type of construction of the existing tower(s).
(e)
A description of compliance with the provisions
of this article and all applicable federal, state or local laws.
(f)
A notarized statement by the applicant as to
whether construction of the tower will accommodate co-location of
additional antennas for future users.
(g)
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.
(h)
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.
(i)
A description of the feasible location(s) of
future towers or antennas within the Borough based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(2)
Factors considered in granting approval for
towers, antennas and structures. In addition to any standards for
consideration of the application with the Municipal Land Use Act,
the Board shall consider the following factors in determining whether
to issue an approval:
(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;
(e)
Surrounding tree coverage and foliage;
(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; and
(h)
Availability of suitable existing towers, other
structures, or alternative technologies not requiring the use of towers
or structures.
(3)
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 Borough 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 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:
(a)
No existing towers or structures are located
within the geographic area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support 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 a new tower or antenna development shall not
be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements
shall apply to all towers for which an approval is required; provided,
however, the Board may reduce the standard setback requirements if
the goals of this article would be better served thereby and the applicant
otherwise complies with the Municipal Land Use Act:
(a)
Guys and accessory buildings must satisfy the minimum zoning district
setback requirements.
(5)
Separation. The following separation requirements
shall apply to all towers and antennas for which an approval is required:
(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
| ||
|---|---|---|
|
Off-Site/Designated Area
|
Separation Distance
| |
|
Single-family or duplex residential units
|
200 feet or 300% of the height of tower, whichever
is greater
| |
|
Vacant single-family or duplex residentially
zoned land which has preliminary subdivision plan approval which is
not expired or which has been otherwise subdivided
|
200 feet or 300% of the height of tower, whichever
is greater
| |
|
Vacant residentially zoned lands
|
100 feet or 100% of the height of tower, whichever
is greater
| |
|
Existing multifamily residential units greater
than duplex units
|
100 feet or 100% of the height of tower, whichever
is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
| |
(6)
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 between the towers shall be measured in feet as shown in
Table 2.
[Amended 8-20-1997 by Ord. No. 12-1997]
|
Table 2
| ||||
|---|---|---|---|---|
|
Lattice
(feet)
|
Monopole 75 Feet in Height or Greater
(feet)
|
Monopole Less Than 75 Feet in Height
(feet)
| ||
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
750
| |
|
Monopole less than 75 feet in height or greater
|
750
|
750
|
750
| |
(7)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anti-climbing device.
[Amended 8-20-1997 by Ord. No. 12-1997]
(8)
Landscaping. The following requirements shall
govern the landscaping surrounding towers; provided, however, that
the Board may waive such requirements if the goals of this article
would be better served thereby:
[Amended 8-20-1997 by Ord. No. 12-1997]
(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. The standard buffer
shall consist of a landscaped strip at least four feet wide outside
the perimeter of the compound and shall be properly maintained.
(b)
Existing mature tree growth and natural landforms
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.
[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.
A.
In the review of any application for approval pursuant
to the provisions of the within article, the reviewing Board shall
not impose unreasonable limitations on the rights of the applicant
pursuant to the provisions of the United States Constitution and the
provisions of federal legislation or the regulations of the FCC.
B.
In connection with any application either to the Mayor
and Council as to municipal property or as to the Planning Board or
the Board of Adjustment as to other property, all of the technical
standards contained in the within article as to any category of application
shall apply to any application.
C.
In an application to the Mayor and Council, the Mayor
and Council shall have a right to refer the matter to the Planning
Board for hearings and a recommendation. The decision shall be made,
however, by the Mayor and Council.
D.
Any application to site the facility on Borough property
shall be subject to the public bidding statutes of the State of New
Jersey, as well as subject to a lease agreement with appropriate financial
conditions agreeable to the Borough.
E.
In considering the application, the Mayor and Council,
the Planning Board and the Board of Adjustment shall not consider
evidence or issues relating to electromagnetic microwave or radio
emission in ruling on the application, such issues having been preempted
pursuant to the New Jersey Radiation Detection Act and the applicable
federal statutes. The Borough may, nonetheless, condition approval,
if approval is given, upon the submission to the Borough of evidence
of state and/or federal approval as the case may be.
F.
In deciding an application after notice and hearing,
the Board shall adopt a resolution which shall contain specific findings
of fact and conclusions of law dealing with the criteria of the Land
Use Act and the within article.
G.
In deciding an application, the Board shall make specific
findings of fact and conclusions as to whether the proposed structure
will be aesthetically displeasing in its setting and shall have the
right to impose conditions in order to minimize any adverse aesthetic
impact. The applicant shall be required to submit with its application
an adverse aesthetic impact report.
H.
The Board shall give consideration to the nature of
the community, the other uses permitted in the zone, the existing
uses in the surrounding area, the alternative means available for
satellite transmission and reception and any other circumstances which
may be pertinent.
I.
The Board shall give consideration as to whether prohibiting
the applicant from erecting its facility in North Haledon would have
the probable practical effect of prohibiting the applicant's communications
facility from operating or that the audience it could reach would
be different. The Board shall also consider whether there are other
available locations outside of North Haledon on which the applicant's
facilities could be more suitably located and still provide essentially
the same communications services. The applicant shall have the burden
of proof as to this criteria.
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.
