[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 4-22-2002 by Ord. No. 7-02. Amendments noted where
applicable.]
GENERAL REFERENCES
Land development — See Ch. 157.
The purpose of this chapter is to set forth
terms and conditions for the siting of wireless communications towers
and antennas within the geographic boundaries of the Borough of Hampton.
The goals of this chapter are to protect residential areas and land
uses from potential adverse impacts of towers and antennas; encourage
the location of towers in specific areas within the Borough; minimize
the total number of towers throughout the Borough; strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; encourage
users of towers and antennas to locate them, to the greatest extent
possible, in areas where the adverse impact on the community is minimal;
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; enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently; consider the public health and safety of communications
towers; and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
In furtherance of these goals, the Borough of Hampton shall give due
consideration to the Borough of Hampton's Master Plan, Zoning Map,
existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas. This chapter further
seeks to comply with the mandate of the Federal Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local
government authority to manage with respect to cellular and other
wireless telecommunications services, to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics. This chapter expressly recognizes that the proposed site
must be particularly suited (or suitable) for the proposed facility.
As used in this chapter, the following terms
shall have the meanings set forth below:
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 Planning Board, with respect to conditional use permits
and variance requests pursuant to N.J.S.A. 40:55D-70d(1), (3) and/or
(6); and/or the Zoning Officer for permitted uses with respect to
this chapter and applicable state and federal law.
[Amended 8-9-2010 by Ord.
No. 5-10]
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 lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
Any tower or antenna for which a construction permit or other
permit has been properly issued prior to the effective date of this
chapter, including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired,
and including any tower or antenna that is presently a permitted use
on property owned, leased or otherwise controlled by the Borough of
Hampton.
Man-made trees, clock towers, bell steeples, light poles
and other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers or monopole towers. Guyed towers are
not permitted within the Borough. The term includes but is not limited
to radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term also includes the structure and any support thereto.
B.
Amateur radio station operators/receive only antennas.
This chapter 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.
C.
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of § 216-4E and F, absent any enlargement or structural modification or the addition of any structures and per the definition in § 216-2 herein.
D.
Satellite dish antennas. This chapter shall not govern
any parabolic satellite antennas.
E.
Wireless telecommunications collocation applications that are exempt from site plan pursuant to § 157-68D(3)(a) and/or (b).
[Added 4-12-2018 by Ord. No. 02-2018]
A.
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. Notwithstanding
any other land use regulation of the Borough, 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. If a tower and its appurtenant structures are not
the sole use of the lot, the tower shall be deemed an accessory 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 approving authority an inventory
of all existing towers (both those controlled by the appellant as
well as their competitors), antennas or sites approved for towers
or antennas that are either within the jurisdiction of the Borough
of Hampton or within 12 miles of any border of the Borough thereof,
including specific information about the location, height and design
of each tower. The Zoning Officer may share such information with
other applicants applying for administrative approvals or permits
under this chapter or other organizations seeking to locate antennas
within the jurisdiction of the Borough of Hampton; provided, however,
that the Zoning Officer is not, by sharing such information, in any
way representing or warranting that such sites are available and/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 or the Borough,
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 and shall be located out of public view
(visible from a public street, public land and public buildings) behind
existing structures, buildings or terrain features which will shield
the buildings and related structure from view.
(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 lit, unless
required by the FAA. It is the intent of the Borough that towers shall
not exceed FAA height standards that would require lighting. If lighting
is required, the lighting alternatives and design chosen and approved
by the approving authority 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 chapter 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 immediate 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 of Hampton 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 calendar days to
bring such tower into compliance with such standards. Failure to bring
such tower into compliance within said 30 calendar days shall constitute
grounds for the immediate removal of the tower or antenna at the owner's
expense.
H.
Not essential services or inherently beneficial uses.
Towers and antennas shall be regulated and permitted pursuant to this
chapter and shall not be regulated or permitted as inherently beneficial
uses, 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 communications system in the Borough
of Hampton have been obtained and shall file a copy of all required
franchises with the Zoning Officer.
J.
Public notice. For purposes of this chapter, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 216-6, Table 1, in addition to any notice otherwise required by the Code of the Borough of Hampton or applicable state/federal law.
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 shall comply with the requirements of § 216-7.
M.
Multiple-antenna tower plan. The Borough of Hampton
encourages and mandates the users of towers and antennas to collocate
antennas where technically, practically and economically feasible.
Applications for approval of collocation sites shall be given priority
in the review process.
A.
General. The uses listed in this section are deemed
to be permitted uses and shall not require a conditional use permit
or variance application.
B.
Permitted uses enumerated. The following uses are
specifically permitted:
(1)
Antennas or towers located on property owned, leased
or otherwise controlled by the Borough of Hampton, provided that a
license or lease authorizing such antenna or tower has been approved
by the Borough of Hampton. However, the Borough may, as a condition
of such lease, require site plan approval. The decision to extend
such leases to an applicant shall be vested solely with the Borough,
shall not be governed by this chapter and shall be subject to the
bidding requirements of the Local Public Contracts Law of the State
of New Jersey.[1] The Borough, in its absolute discretion, reserves the
express right to deny any and/or all use of its property for antennas
or towers.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(2)
Any antenna which is not attached to a tower may be
attached to any existing business, industrial, office or institutional
structure located in the IR, IC and HC Districts, provided that:
A.
List of conditional uses. The following uses may be
approved by the applicable approving authority as conditional uses:
(1)
Antennas on existing towers consistent with the terms
below. An antenna may be attached to an existing tower in the IR,
IC and HC Districts only 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 that such collocation
is accomplished in a manner consistent with the following:
(a)
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 approving authority
allows reconstruction as a monopole.
(b)
Height.
[1]
An existing tower may be modified or rebuilt
to a taller height not to exceed the maximum tower height established
by this chapter.
[2]
The height change referred to in Subsection A(1)(b)[1] may only occur one time per each additional user of the tower, up to a maximum of three times per tower.
[3]
The additional height referred to in Subsection A(1)(b)[1] shall not require an additional distance separation as set forth in § 216-6. The tower's premodification height shall be used to calculate such distance separations.
(2)
New towers. New towers may be constructed to hold
antennas. In addition to any information required for applications
for conditional use permits pursuant to applicable Borough Code provisions
and state law, applicants for a conditional use permit or a variance
for a tower shall submit the following information to the approving
authority:
(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) and all properties within the applicable separation distances set forth in § 216-6, 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 approving authority to be necessary to assess compliance with this chapter.
(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 submitted pursuant to § 216-4C 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 tower(s), if known.
(e)
A landscape plan showing specific landscape
materials, including but not limited to species type, size, spacing
and existing vegetation to be removed or retained.
(f)
Method of fencing and finished color and, if
applicable, the method of camouflage.
(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 Borough.
(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 locations of future
towers or antennas for the applicant within the Borough of Hampton
based upon existing physical, engineering, technological or geographical
limitations in the event that the proposed tower is erected.
(l)
A visual study depicting where, within a one-mile
radius, any portion of the proposed tower could be seen.
(m)
A letter of commitment to lease excess space
to other potential users at prevailing market rates and conditions.
The letter of commitment shall be in form suitable for recording with
the County Clerk prior to the issuance of any permit and shall commit
the tower owner(s), property owner(s) and their successors in interest.
(n)
Documentary evidence regarding the need for
the tower, which information shall identify the existing wireless
network layout and existing coverage areas to demonstrate the need
for the new tower at a particular location within the Borough. The
evidence shall include a radio frequency engineering analysis of the
search area for the tower.
B.
Factors considered in granting conditional use permits
or variances for towers.
(1)
In addition to any standards for consideration of
the applicable provisions of the Borough of Hampton Code and state/federal
law, conditional use permit applications pursuant to the approving
authority shall consider the following factors in determining whether
to grant a variance or to issue a conditional use permit:
(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.
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection C of this section.
(i)
Availability of proposed tower to other potential
users.
(j)
All relevant criteria as set forth by the New
Jersey Supreme Court in Smart SMR of New York, Inc. v. Borough of
Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), whether the proposed
site is particularly suited (or suitable) for the proposed facility.
(2)
This list is considered to be illustrative in nature
and may not include all factors to be considered. The applicable Land
Use Board will also be governed by the provisions of Municipal Land
Use Law.
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 approving
authority 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 approving authority related to the availability of
suitable existing towers, stealth tower structures, 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 the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support the 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.
Costs exceeding new tower development are presumed to be 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 variance or conditional use permit
is required:
(1)
Towers must be set back a distance equal to at least
120% of the height of the tower from any adjoining lot line and all
nonappurtenant buildings.
(2)
Accessory buildings must satisfy the minimum zoning
district setback requirements.
(3)
No tower shall exist within required buffer or conservation
easement areas if adjacent to residential zones and as prescribed
under local ordinance.
E.
Separation. The following separation requirements
shall apply to all towers and antennas for which a variance or conditional
use permit is required:
(1)
Separation from off-site uses/designated areas.
(a)
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.
(b)
Separation requirements for towers shall comply
with the standards established in Table 1 below:
|
TABLE 1
| ||
|---|---|---|
|
Base of Tower to Off-Site Use/Designated Area
|
Separation Distance
| |
|
Residential, municipal buildings (unless the tower is on the
municipal building site), libraries and/or houses of worship
|
300 feet or 300% of the height of the tower, whichever is greater
| |
|
Vacant residentially zoned land
|
300 feet or 300% of the height of the tower, whichever is greater
| |
|
Nonresidentially zoned lands or nonresidential uses
|
At least 120% of the height of the tower from any adjoining
lot line and all nonappurtenant buildings
| |
|
Public parks and buildings therein, public or private schools
and any site designated on the state and/or federal register of Historic
Sites
|
1,750 feet
| |
(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 as shown
in Table 2 below:
|
TABLE 2
Separation Distances Between Towers
(in feet)
| ||||
|---|---|---|---|---|
|
Type
|
Lattice
|
Monople 100 Feet or Greater in Height
|
Monopole Less Than 100 Feet in Height
| |
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole less than 100 feet
|
750
|
750
|
750
| |
F.
Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height and shall also be equipped
with an appropriate anticlimbing measures.
G.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a conditional use permit
is required:
(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 or
any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least 10 feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
(2)
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced at the
sole discretion of the approving authority.
(3)
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.
I.
Lot size. In addition to the requirements of § 216-4B, the minimum lot size for any new tower shall be as required for any development in the zone district in which the proposed tower is to be located.
J.
General requirements. The following provisions shall
govern the issuance of conditional use permits or variances for towers
or antennas by the approving authority:
(1)
If the tower or antenna is not a permitted use under § 216-5 of this chapter, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or within the zoning districts designated for a tower or antenna within the Borough of Hampton.
(3)
Any information of an engineering nature that the
applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(4)
An applicant for a variance or conditional use permit
shall submit the information described in this section and a nonrefundable
application fee and an escrow deposit as follows:
|
Application Charge
|
plus
|
Escrow Account
| ||
|---|---|---|---|---|
|
If no new tower is proposed
|
$1,000
|
$2,000
| ||
|
If a new tower is proposed
|
$5,000
|
$5,000
|
(5)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, is permitted as a conditional use only
in the following zoning district within the Borough of Hampton: IC
and HC Zoning Districts.[1]
(6)
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Borough of Hampton and subject to the provisions of § 216-5B.
(7)
The application fee and escrows shall be paid as required
herein.
A.
The equipment, cabinet or structure used in accordance
with antennas shall comply with the criteria listed below. For antennas
mounted on structures or on rooftops, the criteria are as follows:
(1)
The cabinet or structure shall not contain more than
200 square feet of gross floor area or be more than 10 feet in height.
In addition, for buildings and structures which are less than 48 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.
For 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 accessory structure requirements of
the zoning district in which located.
C.
Structures or cabinets shall be landscaped with a
buffer of plant materials that effectively screens the view of all
properties which abut or are directly across the street from the structures
or cabinet and shall consist of a landscaped strip at least 10 feet
wide outside the perimeter. However, at a minimum, the structure or
cabinet shall be shielded from public view by evergreen trees at least
eight feet high at planting and planted in staggered double rows of
15 feet on center.
Any antenna or tower that is not operated for
a continuous period of six months shall be considered abandoned, and
the owner of such antenna or tower shall remove the same within 90
calendar days of receipt of notice from the Borough of Hampton notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 calendar days shall be grounds for the Borough
to require removal of 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 shall condition the issuance of any permit to construct
a tower or antenna on the posting of an appropriate performance bond
or other suitable guaranty in a face amount of not less than 120%
of the cost to remove the tower and restore the property as determined
by the Borough Engineer for such construction as required under all
applicable Borough ordinances.
Nonconforming towers or antennas that are damaged or destroyed to the extent that the nonconforming provisions no longer apply under law may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in § 216-6. 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 calendar 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 as specified in § 216-8.
