[HISTORY: Adopted by the Mayor and Council
of the Borough of Runnemede 4-1-2008 by Ord. No. 08-06. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 395.
The purpose of this chapter is to establish
provisions regulating the number, location, design, and construction
of local communications facilities, including towers, antennas, equipment
sheds, and appurtenances, in order to accommodate the personal and
commercial needs of the citizenry while protecting the health, safety,
vitality, and general welfare of the community and its environment.
The goals of this chapter are:
A.
To provide for adequate wireless communications throughout
the entire municipality while minimizing the total number of communications
towers;
B.
To minimize the impact of local communications facilities,
particularly towers, on areas of scenic and cultural significance
to the municipality and the region;
C.
To encourage the location of such towers as are necessary
in nonresidential and nonrecreational areas;
D.
To require the use of existing towers and other structures
as support platforms for local communications facilities to the extent
consistent with the purpose and the other goals of this chapter;
E.
To require the co-location of local communications
facilities of competing providers in order to reduce the number of
required towers;
F.
To ensure that such towers are sited, constructed,
and maintained in a manner which poses the fewest hazards to the general
public as possible;
G.
To provide for the timely removal of local communications
facilities and the restoration of the sites they occupied once they
are permanently withdrawn from service.
As used in this chapter, the following terms
shall have the meanings indicated:
The surface from which wireless radio signals are sent and
received by a local communications facility.
The use of a single tower on the ground by more than one
provider and/or the installation of several local communications facilities
on an existing building or structure by more than one provider.
An enclosed structure, cabinet, shed, or box at the base
of the local communications facility within which are housed batteries
and electrical equipment.
A freestanding tower with multiple legs and cross-bracing
of structural steel.
An antenna and any support structure, together with any accessory
facilities, which is intended to serve a limited, localized audience
through point to point communication, including, but not limited to,
cellular telephone service, personal communications systems, paging
systems and dispatch communications. It does not include radio or
television broadcasting facilities or microwave transmitters.
A type of freestanding tower with a single shaft of wood,
steel, or concrete and a platform (or racks) for antennas arrayed
at the top.
A company that provides wireless services via a local communications
facility. A provider may also be known as a "carrier."
A.
All new wireless local communications facilities,
be they affixed to freestanding towers or mounted on existing structures,
and any structures, equipment, or features accessory to the operation
of said facilities, shall be subject to the provisions contained herein.
B.
Existing local communications facilities shall not
be required to conform to the provisions contained herein until such
time as they are to be altered for installation of additional facilities.
C.
Additions to existing local communications facilities
shall be permitted only by use variance having been granted by the
Joint Planning/Zoning Board of the Borough of Runnemede and after
issuance of a special permit allowing such additional facilities on
the existing structure.
A.
Upon approval by the Joint Planning/Zoning Board of
Adjustment, the construction and operation of local communications
facilities shall be permitted as a conditional use in certain parts
of the municipality subject to the provisions and limitations contained
herein.
B.
The municipality may seek, at the applicant's expense,
independent expert advice on the specific locational need for, design,
construction, and operation of local communications facilities to
aid in the evaluation of applications for such facilities.
C.
The applicant for a local communications facility
which involves construction of a freestanding tower more than 100
feet in height shall make space available on the tower for municipal
communications needs to the municipality, if technical operating requirements
allow. The municipality shall use such space solely for installation
of communications devices for fire, police, or emergency medical services.
D.
The total number of local communications facilities
in the municipality shall be the minimum necessary to provide adequate
service. As such, no application for construction of a local communications
facility shall be approved until the applicant has demonstrated that
there is a need for the facility and that there is no existing, suitable
facility within the service area which could be utilized. Citation
in a comprehensive plan approved by a state governmental agency such
as the Pinelands Commission or like agency having jurisdiction over
land use, as may be applicable to the Borough of Runnemede, shall
serve as evidence of the need for a facility in a general area but
not as to the need for any specific site within said general area.
E.
The applicant shall agree in writing to submit certification
to the Joint Planning/Zoning Board of Adjustment every five years
that the proposed local communications facility is still in use and
that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced
to the minimum height necessary for operational needs, as determined
by the Joint Planning/Zoning Board of Adjustment, within 12 months
of the certification.
F.
Use of existing structures. The use of existing structures
as support platforms for local communications facilities shall be
required in all cases where consent of the structure's owner has been
secured; use of the structure will not interfere with the signal emitted
from other local communications facilities and is otherwise technically
feasible; use of the structure will not increase the total number
or affect the location of new towers that will be built in the municipality;
and the following circumstances apply:
(1)
Use of the structure will not require an expansion
and the addition of a local communications facility does not harm
the character and integrity of the existing structure;
(2)
Use of the structure will require an expansion in
height but not in excess of 50% of its current height, area or massing
profile, and it is either in a certified plan approved by the Joint
Planning/Zoning Board of Adjustment or it is an existing communication
structure; or
(3)
Use of the structure will require an expansion in
excess of 50% where the site is identified in a comprehensive plan
approved by the Joint Planning/Zoning Board of Adjustment and the
expansion or reconstruction will preserve the current use and the
visual impact of installation of expanded structure will be less than
that of a new local communications facility.
G.
The applicant shall agree that if a new tower is approved,
co-location will be permitted unless technically infeasible. The applicant
shall also agree that all of the local communications facilities under
his or her control within the municipality shall be made available
for co-location purposes.
It is the intention of the Borough of Runnemede
to locate necessary towers within the SED (Special Economic Development
District) of the Borough of Runnemede unless clear and convincing
evidence is provided that satisfactory communication facilities cannot
be provided in said zone, and then after only such evidence presented
shall the Joint Planning/Zoning Board of the Borough of Runnemede
consider a use variance in an alternate zoning district.
A.
All zoning districts. The following provisions shall
apply throughout the municipality.
(1)
Local communications facilities shall be located so
as to meet the technical operating requirements of the applicant and
any potential co-locators who have expressed a desire to use the same
facility.
(2)
Local communications facilities shall be located,
in order of preference, on:
(a)
Existing structures whose appearance would not
be significantly altered (no more than de minimis change in their
mass or height, and no impact upon a historic structure or structures
within historic districts that have been designated in accordance
with the provisions of N.J.A.C. 7:50-6.154, unless the installation
can be accomplished consistent with the criteria of N.J.A.C. 7:50-6.156);
(b)
Other structures whose appearance would be significantly
altered, provided that the visual impact of the former would not exceed
that of the eligible undeveloped sites; and
(c)
Undeveloped sites eligible for a new tower.
(3)
All freestanding local communications facility towers
shall maintain a minimum distance of 250 feet from any other structure
not on the parcel, public road, sidewalk, residentially developed
lot or recreational area and shall comply with the siting design provisions
of this chapter, where applicable. The Joint Planning/Zoning Board
of Adjustment may reduce this setback requirement by as much as 50%
of the required distance, if it finds that limited sites and land
tenure necessitates such reduction and safety and visual impacts may
be alternately addressed.
A.
All local communications facilities shall meet or
exceed current standards and regulations of the Federal Aviation Administration,
the Federal Communications Commission and any other agency of the
state or federal government with relevant authority. If such standards
or regulations are amended, the owners of local communications facilities
in the municipality shall bring such facilities into compliance within
six months of the effective date of such amendments. Failure to bring
such facilities into compliance shall constitute grounds for removal
of the facility by the municipality at the owner's expense.
B.
All new freestanding support towers shall be designed
and constructed so as to accommodate the needs of any other local
communications provider who has identified a need to locate a facility
within an overlapping service area.
C.
All new freestanding support towers shall be of lattice
type construction, except that monopoles may be employed if the applicant
warrants that:
(1)
The tower can and will be expanded if necessary to
the maximum height permitted within the zoning district to accommodate
any other local communications provider who expresses a need to co-locate;
or
(2)
If the tower cannot be expanded, it will be replaced,
without service interruption to current users, by a tower which can
accommodate the collection needs of other communications providers.
D.
Any accessory shed or other accessory structure shall
be built solely to house equipment essential to the operation of the
local communications facility and shall be designed, painted, and/or
screened by year-round landscaping to blend in with the surrounding
environs to the extent possible, as determined by the Joint Planning/Zoning
Board of Adjustment. The structure shall be located as close to the
antenna support structure as possible and shall not exceed 10 feet
in height or 100 square feet in area, unless expressly authorized
by the Joint Planning/Zoning Board of Adjustment. Only one such structure
shall be permitted per facility user, unless a need is otherwise demonstrated
to the Joint Planning/Zoning Board of Adjustment. If feasible, additional
land for the equipment needs of future co-locators shall be secured
in the purchase/lease of the selected site or be available by lease
agreement.
E.
Any access road to the local communications facility
shall be landscaped or be oriented in such a way as to preclude a
direct view of the facility from a public venue.
F.
Secure fencing may be required if the municipality
determines that it is necessary for the safe operation of the facility.
G.
No artificial lighting may be attached to any local
communications facility except as required by the Federal Aviation
Administration or other regulatory authority with jurisdiction. Lighting
of equipment and any other structures on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurement
at the property line shall be 0.0 footcandles when measured at grade.
Lighting shall be the minimum necessary to conform to applicable requirements.
H.
No signs will be attached to any local communications
facility except as is necessary to provide operational or maintenance
instructions or warnings to the general public. No sign will be attached
at a level more than 10 feet above grade. The use of any portion of
a facility for any form of advertising is prohibited.
I.
The following standards shall apply to clearing and
landscaping for construction of new local communications facilities:
(1)
Clearing of existing vegetation shall be limited to
the minimum necessary to allow for access to and operation of the
facility:
(2)
The lower portions of local communications facilities
which will be located adjacent to residential zones, recreational
areas, or public roads shall be screened at ground level from public
view to the maximum extent practical in the following manner:
(a)
One or more rows of evergreen trees, at least
four feet in height when planted and capable of forming a continuous
hedge at lest 15 feet in height within five years of planting, shall
be required and spaced not more than seven feet apart around all lattice
towers and any monopole over 50 feet in height;
(b)
Adjacent to residential zones and recreational
areas, an additional row of deciduous trees no less than 1 1/2
inches in diameter measured three feet above grade, and spaced not
more than 20 feet apart shall be planted around the evergreen trees;
(c)
The screening shall be maintained and replaced
as necessary while the facility is in service.
J.
Local communications facilities mounted on an existing
structure shall be painted or shielded with material which is consistent
with the design features and materials of the structure. To the extent
that any local communications facility or its supporting structure
extend above the height of the vegetation immediately surrounding
it, they shall be painted in a light gray or light blue hue which
blends with sky and clouds.
A.
The owner of a local communications facility 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. Such maintenance shall include, but
is not limited to, painting, structural integrity of the mount and
security barrier, and maintenance of the buffer area and landscaping.
If, upon inspection, the municipality concludes that a facility 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 the facility into
compliance with such standards. Failure to bring such facility into
compliance within the thirty-day period shall constitute grounds for
the removal of the facility at the owner's expense.
B.
No application for installation of a local communications
facility shall be approved unless the applicant has submitted evidence
that a surety bond has been established which will provide for removal
of the facility and restoration of the disturbed area in accordance
with N.J.A.C. 7:50-6.24 within 12 months of its ceasing to operate.
In any event, the municipality shall, at the expense of the owner,
remove any such facility which has been out of operation for a period
greater than 12 months.
C.
All local communications facilities shall be operated
in a manner consistent with the "Guidelines for Evaluating the Environmental
Effects of Radiofrequency Radiation," as published and amended from
time to time by the Federal Communications Commission.
D.
Local communications facilities adjacent to residential
or public recreational areas shall not increase the ambient noise
level nor cause any persistent level of vibration in excess of 50
db beyond the property lines of the parcel on which they are situated.
E.
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurement
of the noise and the radiofrequency radiation from the local communications
facility. Such measurements shall be made by a qualified technician
and shall certify that they are within applicable limits.
F.
A licensing fee at the rate of $100 per month, per
carrier, or provider shall be a prerequisite for any carriers to locate
within the Borough of Runnemede. Said licensing fee shall be necessary
to offset a periodic inspection under this chapter and such periodic
inspections as may be required to promote the general public safety
and welfare of the citizens of the Borough of Runnemede. The license
shall be issued upon application to the Borough Clerk and shall be
countersigned by the appropriate Code Enforcement Official, the Secretary
of the Joint Planning/Zoning Board of the Borough of Runnemede and
the Fire Official responsible for issuance of certificates of compliance.
This license shall be in addition to, and not in place of, any other
licensing required by the current Borough of Runnemede ordinances
or by any state or federal codes applicable herein.
A.
Preapplication conference: Early consultation by applicants
with municipal officials is encouraged so that all information necessary
for an informed decision is submitted and delays are avoided. As such,
prior to submission of a development application for approval of a
local communications facility in accordance with this section, the
applicant may request to convene with the Joint Planning/Zoning Board
of Adjustment at a public meeting in order to discuss the proposed
facility in general terms and to clarify the filing requirements.
Upon receipt of a written request for a preapplication conference,
the Joint Planning/Zoning Board of Adjustment will meet with the applicant
at the next regularly scheduled meeting of the Board for which adequate
public notice can be provided. While there are no formal filing requirements
for this conference, the applicant is encouraged to prepare sufficient
preliminary architectural and/or engineering drawings to inform the
Board of the general location and likely scale and design of the facility.
Failure to request such a conference will not prejudice any subsequent
consideration of a formal application by the Joint Planning/Zoning
Board of Adjustment.
B.
New local communications facilities shall require
conditional use approval and major site plan approval by the Joint
Planning/Zoning Board of Adjustment. All persons seeking to build
such a facility must submit an application to the Joint Planning/Zoning
Board of Adjustment which contains the following information:
(1)
A scaled site plan clearly indicating the location
(including street address and block/lot), type, method of construction
and height of any proposed tower and any accessory structure(s); on-site
land uses and zoning; contour lines at no greater than five-foot intervals
AMSL; existing structures; land uses and zoning within 200 feet (including
adjacent municipalities); any roads with 200 feet; proposed means
of access; limits of clearing; and setbacks from property lines;
(2)
Photographs of the proposed site of the facility showing
current conditions;
(3)
The setback distance from the nearest structure;
(4)
A map showing the location of all other local communications
facility towers and other structures within the municipality as well
as outside of the municipality within a five-mile radius. The applicant
shall also identify the height and type of construction of all such
structures;
(5)
A landscape plan showing proposed landscaping;
(6)
The location and type of proposed fencing, if applicable,
and the type, location, color, and power of any illumination;
(7)
An assessment of the suitability of the use of existing
towers or other structures within the search area to accommodate the
local communications facility in lieu of a tower, if a new tower is
proposed;
(8)
An assessment of the suitability of the site to accommodate
additional equipment sheds and similar needs of other wireless providers
who may wish to co-locate on the proposed facility;
(9)
Written confirmation from any other wireless providers
who have expressed a desire to co-locate on the proposed facility
approved at any public meeting on the application that the selected
site meets their operational needs and space requirements for equipment
sheds and the like;
(10)
Computer simulation models, photographic juxtaposition
and similar techniques are not mandated, but, if submitted in support
of the application, may be used by the Joint Planning/Zoning Board
of Adjustment in determining conformance with the visual impact standards.
(11)
In the event that co-location is found not to
be feasible, a written statement of explanation shall be submitted
to the Joint Planning/Zoning Board of Adjustment. The Joint Planning/Zoning
Board of Adjustment may retain a technical expert in the field of
radio frequency engineering to verify if co-location at the site is
not feasible or is feasible given the design configuration most accommodating
to the co-location, or that a new tower has less visual impact at
an alternative site. The cost for such a technical expert will be
at the expense of the applicant.
(12)
A plot plan, survey and all other plans and
documents required for site plan approval as per local, county, state
and federal requirements.
C.
The municipality permits wireless communications providers
to submit a single application for approval of multiple facilities.
D.
Federal environmental requirements.
(1)
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. 1). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations for certain facilities. The environmental assessment must be submitted as part of any municipal application for such a facility.
(2)
Federal regulations also require avoidance of siting
of new towers in proximity to designated wild and scenic rivers. If
an applicant proposes to locate a new tower in proximity to a designated
river, proof of federal review and approval of such siting must be
submitted as part of any municipal application for such a facility.
