[Added 12-4-2007 by Ord. No. 1351]
A.
The purpose of this article is to establish guidelines
for the siting of wireless telecommunications towers and antennas
and ancillary facilities. 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 on Borough-owned
property where appropriate or in other 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 the use of existing buildings, telecommunication
towers, light or utility poles, or water towers as opposed to construction
of new telecommunication towers;
(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)
Ensure that all telecommunication facilities, including
towers, antennas and ancillary facilities are located and designed
to minimize the visual impact on the immediate surroundings and throughout
the community by encouraging 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;
(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 telecommunication
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 purposes, the Borough of Dumont
shall give due consideration to the Borough of Dumont's master plan,
Zoning Map, existing land uses, and environmentally sensitive areas
in approving sites for the location of towers and antennas.
As used in this article, the following items
shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, flag poles,
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunication systems including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog 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.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
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.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Cellular radio, personal communication service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower, which is supported or braced through the use of
cables (guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount 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 structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDAntenna support (tower) mounted on the ground.
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this article, including
permitted towers or antennas that have been approved but have not
yet been constructed so long as such approval is current and not expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
For the purposes of this article, shall mean the emissions
from personal wireless service facilities or any electromagnetic energy
within the frequency range from 0.003 MHz to 300,000 MHz.
A telecommunication facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving, and relaying voice and data signals from various wireless
communication devices including transmission towers, antennas and
ancillary facilities. For purposes of this article, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not "telecommunication facilities."
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this article, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not "transmission towers."
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication 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 used exclusively
for receive only antennas, nor does it include noncellular telephone
service.
A.
New towers and antennas. All new telecommunications
towers or antennas in the Borough of Dumont shall be subject to these
regulations.
C.
District height limitations. The requirements set
forth in this article shall govern the location of telecommunications
towers that exceed, and antennas that are installed at a height in
excess of, the height limitations specified for each zoning district.
D.
Public property. Antennas or towers located on property
owned, leased or otherwise controlled by the governing authority shall
be encouraged, provided a license or lease authorizing such antenna
or tower has been approved by resolution by the governing authority.
Said approved publicly owned sites utilized for the purpose of constructing
towers and/or antennas shall be treated as engaging in a conditional
use under this article.
E.
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.
F.
Satellite dish antennas. This article shall not govern
any parabolic dish antennas used for transmission or reception of
radio signals associated with satellites.
A.
Principal or accessory use. Telecommunications 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.
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 90 days 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.
D.
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 and Telecommunications
Industry Association, as amended from time to time. If, upon inspection,
the Borough of Dumont 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.
E.
Not essential services. Telecommunications 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.
F.
Co-location required. The Borough of Dumont mandates that carriers co-locate antennas on towers and other structures whenever possible. See § 455-42 for co-location requirements.
G.
Conditional use. All telecommunications facilities
in the Borough of Dumont shall be conditional uses in accordance with
N.J.S.A. 40:55D-67.
H.
Site plan required. Site plan approval shall be required
for all new telecommunications facilities in the Borough of Dumont
including modifications to or addition of new telecommunications facilities
to preexisting towers, buildings or other structures.
A.
Conditional use. Wireless telecommunications facilities
are permitted as conditional uses:
B.
Conditional use standards. Wireless telecommunications
facilities may be permitted on the above referenced lands provided
that:
C.
Factors considered in granting conditional use permits.
(1)
In addition to the above standards, the Joint Land
Use Board shall consider the following factors in determining whether
to issue a conditional use permit:
(a)
Proximity of the tower to residential structures
and residential district boundaries;
(b)
Nature of uses on adjacent and nearby properties;
(c)
Surrounding topography;
(d)
Surrounding tree coverage and foliage;
(e)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness including stealth designs which are encouraged;
(f)
Availability of suitable existing towers, alternative
tower structures, other structures or alternative technologies not
requiring the use of towers or structures;
(g)
Availability of proposed tower to other potential
carriers.
(2)
This list is considered to be illustrative in nature
and may not include all factors to be considered.
The following site design standards shall apply
to wireless telecommunications facilities:
A.
New towers.
(1)
Telecommunications towers may not be located closer
than 150 feet to any residential lot line in a residential zone. Antennas
located on preexisting buildings or structures are exempt from this
requirement.
(2)
Fall zone. A fall zone shall be established such that
the tower is set back 150% of the height of the tower from any building
intended for human occupancy on an adjoining lot.
(3)
Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height. Towers shall also be equipped
with appropriate anticlimbing measures.
(4)
Landscaping. The following requirements shall govern
the landscaping surrounding towers:
(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 or planned residences
or any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least eight 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.
(b)
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.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
(5)
Ancillary buildings. Any proposed building enclosing
related electronic equipment shall not be more than 10 feet in height
nor more than 200 square feet in area, and only one such building
shall be permitted on the lot for each provider of wireless telecommunication
services located on the site.
(6)
Aesthetics. Towers and antennas shall meet the following
requirements:
(a)
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.
(b)
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.
(7)
Lighting. No lighting is permitted except as follows,
which shall be subject to review and approval by the Joint Land Use
Board as part of the site plan application:
(a)
The building enclosing electronic equipment
may have one light at the entrance to the building, provided that
the light is attached to the building, is focused downward and is
switched so that the light is turned on only when workers are at the
building; and
(b)
No lighting is permitted on a tower except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
(8)
Signs. No signs are permitted except those required
by the Federal Communications Commission, the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) or by law, such as warning and equipment information signs.
B.
Antennas mounted on existing structures or rooftops.
(1)
Antennas on existing structures. Any antenna which
is not attached to a tower may be attached to any existing business,
industrial, office, utility or institutional structure in the B2 and
LI Zone Districts, provided:
(a)
Side- and roof-mounted personal wireless service
facilities shall not project more than 10 feet above the height of
an existing building or structure nor project more than 10 feet above
the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may locate on a building
or structure that is legally nonconforming with respect to height,
provided that the facilities do not project more than 10 feet above
the existing building or structure height.
(b)
The antenna complies with all applicable FCC
and FAA regulations.
(c)
The antenna complies with all applicable building
codes.
(d)
Equipment structures.
[1]
The equipment 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
28 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, structures or cabinets
shall comply with all applicable building codes.
(2)
Aesthetics. 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.
C.
Antennas on existing towers. An antenna may be attached
to a preexisting tower in a nonresidential zone and, to minimize adverse
visual impacts associated with the proliferation and clustering of
towers, co-location of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such co-location is accomplished in a manner consistent with
the following:
(1)
A tower which is modified or reconstructed to accommodate
the co-location of an additional antenna shall be of the same tower
type as the existing tower, unless reconstruction as a monopole is
proposed.
(2)
An existing tower may be modified or rebuilt to a
taller height, not to exceed the maximum tower height established
by this article.
A.
The Borough of Dumont requires that licensed carriers
share personal wireless service facilities and sites where feasible
and appropriate, thereby reducing the number of personal wireless
service facilities that are standalone facilities. All applicants
for site plan approval for a personal wireless service facility shall
demonstrate a good faith effort to co-locate with other carriers.
Such good faith effort includes:
(1)
A survey of all existing structures that may be feasible
sites for co-locating personal wireless service facilities;
(2)
Notification by certified mail of intent to seek site
plan approval to all the other licensed carriers for commercial mobile
radio services operating in the county;
(3)
Sharing information necessary to determine if co-location
is feasible under the design configuration most accommodating to co-location;
and
(4)
A copy of a proposed lease or affidavit of compliance
with this article.
B.
In the event that co-location is found to be not technically
feasible, a written statement of the reasons for the infeasibility
shall be submitted to the Borough. The Borough may retain a technical
expert in the field of RF engineering to verify if co-location at
the site is not feasible or is feasible given the design configuration
most accommodating to co-location. The cost for such a technical expert
will be at the expense of the applicant. The Borough may deny approval
to an applicant that has not demonstrated a good faith effort to provide
for co-location.
C.
If the applicant does intend to co-locate or to permit
co-location, plans and elevations which show the ultimate appearance
and operation of the personal wireless service facility at full build-out
shall be submitted.
[Amended 5-6-2008 by Ord. No. 1362]
Wireless telecommunication facilities shall
be located and approved in accordance with the following prioritized
locations:
A.
The first priority shall be an existing building in
the LI Zone District.
B.
The second priority shall be an existing building
in the B2 Zone Districts.
C.
The third priority shall be new towers on lands owned
by the Borough of Dumont or other public entity or on lands within
the LI Zone District.
D.
The fourth priority shall be new towers within the
B2 Zone Districts.
E.
The fifth priority shall be new towers on lands owned
by religious institutions or other nonprofit entities.
In addition to the site plan submission requirements of Chapter 355, Site Plan Review, of the Code of the Borough of Dumont, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunication facilities:
A.
Comprehensive service plan. In order to provide proper
evidence that any proposed location of wireless telecommunications
antennas (and any supporting tower and/or ancillary building enclosing
related electronic equipment) has been planned to result in the fewest
number of towers within the Borough of Dumont at the time full service
is provided by the applicant throughout the Borough, the applicant
shall submit a comprehensive service plan. Said comprehensive service
plan shall indicate how the applicant proposes to provide full service
throughout the Borough and, to the greatest extent possible, said
service plan shall also indicate how the applicant's plan is coordinated
with the needs of all other providers of telecommunication services
within the Borough of Dumont. The comprehensive service plan shall
indicate the following:
(1)
Whether the applicant's subscribers can receive adequate
service from antennas located outside of the borders of the Borough
of Dumont.
(2)
How the proposed location of the antennas relates
to the location of any existing towers within and/or near the Borough
of Dumont.
(3)
How the proposed location of the antennas relates
to the anticipated need for additional antennas and supporting towers
within and/or near the Borough of Dumont by both the applicant and
by other providers of telecommunication services within the Borough
of Dumont.
(4)
How the proposed location of the antennas relates
to the objective of co-locating the antennas of different service
carriers on the same tower.
(5)
How the proposed location of the antennas relates
to the overall objective of providing full telecommunication services
within the Borough of Dumont while, at the same, limiting the number
of towers to the fewest possible.
B.
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 fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this article.
C.
Legal description of the entire tract and leased parcel
(if applicable).
D.
The setback distance between the proposed tower and
the nearest residential unit and residentially zoned properties.
E.
The separation distance from other towers and antennas.
F.
A landscape plan showing specific landscape materials
including, but not limited to, species type, size, spacing and existing
vegetation to be removed or retained.
G.
Method of fencing and finished color and, if applicable,
the method of camouflage.
H.
A description of compliance with all applicable federal,
state or local laws.
I.
A notarized statement by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
J.
Identification of the entities providing the backhaul
network for the tower(s) described in the application and other telecommunication
sites owned or operated by the applicant in the Borough.
K.
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.
L.
A visual impact study containing, at a minimum, a
photographic simulation showing the appearance of the proposed tower,
antennas, and ancillary facilities from at least five points within
a three mile radius. Such points shall be chosen by the carrier with
review and approval by the Joint Land Use Board Planning Consultant
to ensure that various potential views are represented.
M.
An analysis of the RFR levels at the facility as a
means of assessing compliance with the FCC RF safety criteria. This
analysis shall:
(1)
Take into consideration all co-located radio transmitting
antennas and/or nearby antennas that could contribute to RFR levels
at the facility.
(2)
Be performed by a RF engineer, health physicist or
similar knowledgeable individual.
(3)
Follow current methods recommended by the FCC for
performing such analyses.
[Amended 5-6-2008 by Ord. No. 1362]
The applicant and co-applicant shall maintain
the personal wireless service facility in good condition. Such maintenance
shall include, but shall not be limited to, painting, structural integrity
of the mount and security barrier, and maintenance of the buffer areas
and landscaping.
[Amended 5-6-2008 by Ord. No. 1362]
A.
At such time that a licensed carrier plans to abandon
or discontinue operation of a personal wireless service facility,
such carrier shall notify the Borough Clerk by certified U.S. Mail
of the proposed date of abandonment or discontinuation of operations.
Such notice shall be given no less than 30 days prior to abandonment
or discontinuation of operations. In the event that a licensed carrier
fails to give such notice, the wireless telecommunications facility
shall be considered abandoned upon discontinuation of operations.
B.
Upon abandonment or discontinuation of use, at the
option of the Borough, the carrier shall physically remove the personal
wireless service facility within 90 days from the date of abandonment
or discontinuation of use. "Physically remove" shall include, but
not be limited to:
(1)
Removal of antennas, mount, equipment shelters and
security barriers for the subject property.
(2)
Proper disposal of the waste materials from the site
in accordance with local, county and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service
facility to its natural condition, except that any landscaping and
grading shall remain in the after-condition.
