The following are the conditional use requirements
for all new tower applications:
A. Setbacks. Towers must be set back at lease 120% of
total tower height from any lot line, nonappurtenant structure or
public or private road right-of-way line. All accessory tower buildings
shall comply with all applicable ordinances. No tower may be located
within a conservation easement if adjacent to a residential zone.
B. Separation distances. All distance shall be measured
from the base of the tower to the lot line of the off-site use or
zone:
(1) For vacant residentially zoned land, residential uses,
zones, or municipal property (unless the tower is located on a municipal
site), libraries, schools, or houses of worship, the separation distance
shall be 300 feet or 300% of the tower's height, whichever is greater.
(2) For nonresidential lands or nonresidential uses, the
separation distance shall be at least 120% of the height of the tower
from any adjoining lot line, nonappurtenant building, structure or
street rights-of-way.
(3) Separation distances between towers, regardless of
tower height, shall be 5,000 feet from another lattice tower or a
monopole 100 feet or greater in height.
C. Maximum tower height. The maximum height of all new
towers shall be 140 feet or 25 feet above the mean tree canopy, whichever
is less. "Mean tree canopy" shall be derived from marking all trees
12 feet in diameter or greater measured 4.5 feet above grade within
a two-acre area surrounding the tower site. The height of the trees
shall be calculated by a professional licensed surveyor in the State
of New Jersey. Absence of a suitable stand of trees for concealment
shall render the site unacceptable. No tower shall have a height or
location which require Federal Aviation Administration lighting. Lightning
rods are excluded from tower or antenna height calculations; however,
any antennas shall be included within the height calculations.
As used in this chapter, the following terms
shall have the meanings indicated:
ANTENNA(S)
Any exterior transmitting or receiving device mounted on
a tower, building or structure, and use the communications that radiate
or capture electromagnetic waves, digital signals, analogue signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals. Excepted from this definition
are antennas used exclusively by ham radio operators or other residential
uses.
CO-LOCATION
The use of a common wireless telecommunications tower or
a common structure, by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunications tower
on a structure owned or operated by a public utility or other public
utility or other public entity.
STEALTH TOWER STRUCTURE
Man-made trees, clock tower, bell steeples, light poles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennas or towers.
TOWER SITE
The enclosed area in which the tower and its appurtenances
are located.
WIRELESS TELECOMMUNICATIONS ANTENNAS
An antenna that transmits or receives radio frequency signals
for wireless telecommunication towers and the users of towers or other
structures for the purposes of delivering a low-power wireless radio
communication through a network.
WIRELESS TELECOMMUNICATIONS TOWER ("TOWER")
A freestanding, vertical structure designed to support one
or more wireless telecommunications antennas. The height of the tower
shall not include a lightning rod. This definition shall not apply
to amateur or ham radio towers.
Violations of the provisions of this chapter shall be punishable as provided in §
1-17 of the Code of the Township of Mansfield.