[Amended 5-12-1981 by Ord. No. 81-4]
Except where incidental powers are given to the Zoning Board of Adjustment under the Municipal Land Use Law, Chapter 291 of the Laws of 1975, N.J.S.A. 40:55D-1 et seq., the Planning Board shall have original jurisdiction power to grant a permit for a conditional use under the terms and conditions established by this chapter, as amended,[1] and under the following stipulations and guiding principles:
A.
The use for which application is being made is specifically
authorized as a conditional use.
B.
The design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected.
C.
Reasonable consideration is given to the following:
(1)
Character of the neighborhood and the zone.
(2)
Conservation of property values.
(3)
Health and safety of residents or workers on adjacent
properties and in the surrounding neighborhood.
(4)
Potential congestion of vehicular traffic or creation
of undue hazard.
(5)
Principles and objectives of this chapter and the
Master Plan of the Borough.
D.
In addition, the conditional uses shall adhere to
the minimum standards specified for the particular use and to such
additional conditions or safeguards as in the opinion of the Planning
Board, or the Board of Adjustment in the exercise of its incidental
powers, will implement the intent and objectives of this chapter.
[1]
Editor's Note: Note that Ord. No. 1-87 adopted
2-17-1987, restructured the Planning Board of the Borough of Newfield
and granted it the authority to exercise all the powers of the Zoning
Board of Adjustment.
[Added 4-13-2004 by Ord. No. 2004-1]
Cellular communication antennas are permitted
conditional uses in the following zoning districts of the Borough
of Newfield: M-2 Manufacturing - Heavy Zone District (§ 169-43[1]); M-1 Manufacturing - Light Zone District (§ 169-39);
and I - Industrial Zone District (§ 169-47), under
N.J.S.A. 40:55D-67 of the Municipal Land Use Law, and in accordance
with the specific zoning conditions and standards for their location
and operation included within this new section.
A.
Purposes. It is the overall purpose of this section
to provide specific zoning conditions and standards for the location
and operation of cellular communication antennas within the Borough
of Newfield, to recognize the need to safeguard the public good and
preserve the intent and the purposes of the Borough of Newfield Master
Plan and Zone Plan.
B.
Overall objective. The overall objective of this section
is to enable the location within the Borough of Newfield of those
antennas which are necessary to provide adequate cellular communication
services while, at the same time, limiting the number of antennas,
and limiting the number of supporting towers to the fewest possible.
C.
Specific goals.
(1)
To minimize the total number of cellular communication
towers within the Borough of Newfield;
(2)
To limit the impact of cellular communications antennas,
towers and related facilities upon the residences and the streetscapes
throughout the Borough of Newfield;
(3)
To safeguard the prevailing and historic character
of development throughout the Borough of Newfield;
(4)
To encourage the location of antennas upon, or within,
existing structures, including existing cellular communication towers,
existing buildings, existing water towers or standpipes, and existing
telephone and electric poles and towers, especially those existing
structures situated on public property;
(5)
To encourage as many antennas as possible, of as many
of the cellular communication carriers as possible, to be co-located
on the fewest number of existing structures within the Borough of
Newfield;
(6)
To discourage the construction of new towers which
do not have the likelihood of being used by a number or cellular communication
carriers;
(7)
To encourage the communication carriers to configure
their facilities in a manner that minimizes and mitigates any adverse
impacts upon affected properties, streetscapes and vistas through
careful design, siting, landscape screening and innovative camouflaging
techniques;
(8)
To formulate and maintain, for land use planning purposes,
a complete inventory of all cellular communications antennas, towers
and related facilities within the Borough of Newfield and other in
the vicinity of the Borough, which are capable of providing service
within the Borough;
(9)
To enhance the ability of the carriers of cellular
communications services who adhere to the letter and intent of this
section is to provide such services quickly, effectively and efficiently;
and
(10)
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 enforce zoning requirements which protect
public safety, public and private property and community aesthetics.
D.
Overall comprehensive plan.
(1)
In order to effectuate the purposes, objective and
goals of this section as noted hereinabove, any applicant to the Borough
of Newfield for approval to erect a cellular communication antenna,
in addition to all other information required by this section, shall
provide threshold evidence that the proposed location of the proposed
antenna(s), and any proposed supporting tower and/or ancillary cabinets
enclosing related electronic equipment, has been planned to result
in the fewest number of antennas or tower locations within the Borough
of Newfield at the time full service is provided by the applicant
through the Borough.
(2)
Therefore, the applicant shall provide an overall
comprehensive plan indicating how it intends to provide full service
throughout the Borough of Newfield and, to the greatest extent reasonably
possible, shall indicate why such antennas or towers are specifically
required in the Borough of Newfield by indicating how its plan specifically
relates to and is coordinated with the needs of all other providers
of cellular communication services within and surrounding the Borough.
(3)
More specifically, the overall comprehensive plan
shall include the following:
(a)
The mapped location and written description
of all existing antennas and existing approved supporting structures
within the Borough;
(b)
The mapped of GIS database location and written
description of all existing or approved water towers or water standpipes
and existing telephone or electric poles or towers within the Borough;
(c)
How the proposed location of the proposed antenna(s)
specifically relates to the suitability or unsuitability of such existing
structures to be utilized to provide the intended cellular communications;
(d)
How the proposed location of the proposed antenna(s)
specifically relates to the anticipated need for additional antennas
and supporting structures within and near the Borough of Newfield
by the applicant and by other providers of cellular communication
services within the Borough;
(e)
How the proposed location of the proposed antenna(s)
specifically relates to the objective of collocating the antennas
of many different providers of cellular communication services on
a single supporting structure; and
(f)
How the proposed location of the proposed antenna(s)
specifically relates to the overall objective of providing full cellular
communication services within the Borough of Newfield while, at the
same time, limiting the number of towers to the fewest possible, including
alternate technologies which do not require the use of towers.
E.
Location priorities. Based upon the Overall Comprehensive Plan submitted by the applicant in accordance with Subsection D hereinabove, if the Borough of Newfield determines the proposed antenna(s) to be needed for the provision of full cellular communication services within the Borough, utilizing the fewest number of towers as reasonably possible, cellular communication antennas for telephone, radio, paging and/or television communication shall be permitted within the Borough at the following prioritized locations:
(1)
The first priority location shall be an existing or
approved cellular communication tower, any other existing or approved
water tower or water standpipe, or any other existing telephone or
electric pole or tower or Borough-owned building or structure within
or near the Borough of Newfield, that it is located in an approved
zone for this conditional use. Any application for use of such lands
and structures owned by the Borough of Newfield must be accompanied
by written consent from the Borough Council of Newfield to the plan
and shall be subject to a written lease with the Borough.
(2)
The second priority location shall be on any other
lands owned by the Borough of Newfield in the I - Institutional Zone
District (§ 169-47)[2]. Any application for use of such lands must be accompanied
by written consent from the Borough Council of Newfield to the plan
and shall be subject to a written lease with the Borough.
[2]
Editor's Note: Section reference refers to section of the
1991 Code.
F.
Factors considered in granting site plan approval for antennas or towers. In addition to any standards for consideration of site plan approval applications pursuant to Chapter 260, Subdivision and Site Plan Review, the Planning Board shall consider the following factors and make specific and separate written findings thereon in determining whether to issue site plan approval:
(1)
Height of the proposed tower or antenna;
(2)
Proximity of the tower or antenna to residential structures
and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower and antenna with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress; and
G.
Availability of suitable existing towers or other
structures or alternative technology. No new tower or antennas shall
be permitted unless the applicant demonstrates to the reasonable satisfaction
of the Planning Board, and said Board makes specific and separate
written findings thereon, that no existing tower, structure, or alternative
technology can accommodate the applicant's proposed antenna either
within or outside the Borough of Newfield. 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 or structure
within or outside the Borough of Newfield, or alternative technology
can accommodate the applicant's proposed antenna may consist of the
following:
(1)
No existing towers or structures are located within
the geographic area required to meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support 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 applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(6)
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 cellular system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
H.
Conditions for site plan approval of towers or installation
of antennas. The applicant shall satisfy the following conditions
enumerated below in order to obtain site plan approval for towers
or installation of antennas:
(1)
Maximum tower height. The maximum height of any tower
shall not exceed 100 feet. For purposes of measurement, the maximum
tower height shall include any structures supported by the tower and
any antenna.
(2)
Setbacks. The following setback requirements shall
apply to all towers for which site plan approval is required:
(a)
Towers must be set back a distance equal to
at least 125% of the height of the tower from any adjoining lot line,
provided that the distance is no closer than the building setback
applicable to the zone.
(b)
All required electronic equipment for all anticipated
communication carriers to be located on the subject site shall be
housed within a building which is no greater than 12 feet In height,
and which building shall not exceed 250 square feet, and which shall
be designed with a residential or office character of appearance and
must satisfy the minimum zoning district setback requirements for
the zoning district in which the building lies.
(3)
Separation. The following separation requirements
shall apply to all towers and/or antennas for which sit plan 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 the towers shall
comply with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/Designated Line
|
Separation Distance Measured from the
Nearest Point of the Tower or Structure Upon Which the Antennas are
Mounted to the Structure of the Off-Site Use or Designated Line
| |
|
RA: Residential Agricultural Zone District
R-1: Low Density Residential Zone District
R-2: Single-Family Residential Zone District
R-4: Single-Family Residential - Apartment/Townhouse
Zone; R-5: Single-Family Residential, Multifamily Residential Zone;
R-5:H Multifamily and Single-Family Residential Zone District; and
Senior Citizen Overlay District which is either plated or has preliminary
subdivision plan approval which is not expired
|
300 feet or 300% of the height of the tower
or existing structure, whichever is greater, measured to the residential
unit or dwelling
| |
|
Vacant unplatted residentially zoned lands
|
150 feet or 150% of the height of the tower
or existing structure, whichever is greater, measured to the property
line
| |
|
Existing school or public library
|
300 feet or 300% of the height of the tower
or existing structure, whichever is greater, measured to the property
line
| |
|
Public park or conservation area
|
150 feet or 150% of the height of the tower
or existing structure, whichever is greater, measured to the property
line
| |
|
Non-residentially zoned lands or nonresidential
uses (other than those specified within this table)
|
Setbacks apply pursuant to Subsection H(2) above
| |
I.
Site plan submission and approval requirements:
(1)
The applicant shall provide to the Planning Board
a specific written addressment of design details which conform with
and set forth the following information:
(a)
Any proposed new tower shall be a monopole,
unless the applicant can demonstrate, and the Planning Board agrees,
that a different type of pole is necessary for the co-location of
additional antennas on the tower.
(b)
To the greatest extent possible, no antenna
and/or its supportive tower shall be located so as to be visible from
any historic district or site as duly designated by the Borough of
Newfield, the State of New Jersey or by the federal government.
(c)
To the greatest extent possible, no new tower
shall be located to be visible from any public street.
(d)
To the greatest extent possible, all cables
shall be installed within underground conduits.
(e)
Any new tower shall be located behind existing
buildings and/or natural topographic elevations in order to screen
the tower's base from being visible from adjacent properties and from
any street right-of-way.
(f)
The color of and any camouflaging of the proposed
tower shall be proposed by the applicant in the context of the visibility
of the tower from different vantage points throughout the Borough,
and the existing land uses and vegetation in the vicinity of the subject
site.
(g)
No antenna shall be located on any tower in
order to provide service provider personnel the equivalent of cellular
telephone service; such service shall be provided via existing telephone
lines if available to the site, or the underground extension of telephone
lines to the site if necessary.
(h)
No lighting is permitted on the 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. The applicant shall provide to the Planning
Board all applicable FAA standards regarding lighting that may apply
to the proposed tower.
(i)
No signage is permitted, unless "warning" and/or
equipment information signs are necessary for safety purposes and
are specifically approved by the Planning Board.
(j)
Minimal off-street parking shall be permitted
as needed and as specifically approved by the Planning Board.
(k)
Between the location of the tower and the building
enclosing related electronic equipment and any public street or residential
dwelling unit or residential zoning district within view of the tower
and the building, landscaping shall be provided in accordance with
the following:
[1]
The landscaping shall consist of a combination
of existing and/or newly planted evergreen and deciduous trees and
shrubs of sufficient density to screen the view of the tower, particularly
at its base, to the maximum extent reasonably possible, and to enhance
the appearance of the building from the surrounding residential properties
and any public street;
[2]
The landscaping plan shall be prepared by a
licensed landscape architect who shall present testimony to the Planning
Board regarding the adequacy of the plan to completely screen the
tower from view and to enhance the appearance of the building; and
[3]
Any newly planted evergreen trees shall be at
least eight feet high at time of planting, and any newly planted deciduous
trees shall be a minimum caliper of two inches at time of planting.
(2)
Cellular communication antennas, and any proposed supporting tower and related electronic equipment shall require preliminary and major site plan approval as required by Chapter 260, Subdivision and Site Plan Review.
(3)
In addition to the applicable documentation and items
of information required for preliminary and final major site plans
specified in this chapter, the following additional documentation
and items of information specific to cellular communication antennas
are required to be submitted to the Planning Board for review and
approval as part of the submission of the preliminary site plan application:
(a)
Documentation by a qualified expert that any
existing structure proposed for the location of the antenna will have
sufficient structural integrity to support the proposed antennas and
that the safety hazards resulting from ice falling from the structure
and the antennas have been adequately mitigated;
(b)
Documentation by a qualified expert that any
proposed tower will have sufficient structural integrity to support
the proposed antennas and the anticipated future co-located antennas
and that the structural standards developed for antennas by the Electronic
Industries Association (EIA) and/or the Telecommunication Industry
Association (TIA) have been met;
(c)
A letter of intent by the applicant, in a form
which is reviewed and approved by the Borough Attorney, indicating
that the applicant will share the use of any tower with other approved
cellular communication service providers at reasonable rates which
shall be economically viable;
(d)
A visual sight distance analysis, including
photographic reproductions of a crane or balloon test, graphically
simulating the appearance of any proposed tower, with at least three
antenna arrays attached thereto, from at least 15 locations around
and within one mile of any proposed tower where the tower will be
most visible. The applicant shall schedule the time of the crane or
balloon test with the Borough Engineer in order to provide the members
of the Planning Board and general public the opportunity to view the
crane or balloon.
(e)
Written approval from the Newfield Borough Council
for use of Borough-owned structures or land when the application involves
Borough-owned structures or property.
(f)
Evidence from an independent expert that all
equipment will comply with the then current Federal Communication
Commission (FCC) rules and regulations, including that radio frequency
(RF) emissions will be within the FCC guidelines. Any approval shall
contain a condition that the applicant shall provide a further report
to the Borough Engineer from an independent expert that the RF emissions
are within the FCC guidelines within 90 days after installation is
complete and that upon any change in FCC guidelines or regulations
governing same the applicant shall within 120 days of such change
provide a report to the Borough Engineer from an independent expert
that the RF emissions are within the revised FCC guidelines or regulations.
(4)
In
addition to its normal professional staff, given the technical and
specialized nature of the testimony by the applicant's radio frequency
expert(s), the Planning Board shall hire its own radio frequency expert
to review and comment upon the testimony presented by the applicant.
Additionally, based upon other testimony presented by the applicant,
the Planning Board may hire other experts with specialized areas of
expertise if deemed necessary.
J.
Restoration
provisions. Except for proposals to locate antennas on lands owned
by Newfield, the applicant (and the landowner in the instance of a
lease property) shall provide a performance bond and/or other assurances
satisfactory to the Planning Board and in a form approved by the Borough
Attorney that will cause antennas, any supporting tower, the electric
equipment cabinets, any building enclosing the electronic equipment
cabinets, and all other related improvements to the land to be removed,
at no cost to the Borough when the antennas are no longer operative.
Any wireless communication antenna facility not used for its intended
and approved purpose for a period of six months shall be considered
no longer operative and shall be removed by the responsible party
within 60 days thereof.
[1]
Editor's Note: Sections referenced herein refer to sections
of the 1991 Code.
Where a lot or parcel is located in part in
a C-1 Commercial Neighborhood-Business and a C-2 Commercial-Highway
Zone District and in part in another zone district, the entire lot
or a portion thereof not located in the C-1 Commercial Neighborhood-Business
and C-2 Commercial-Highway Zone District may be used for a purpose
permitted in the C-1 Commercial Neighborhood-Business and C-2 Commercial-Highway
Zone District upon application for a conditional use permit and upon
determination by the Planning Board that the following standards and
conditions are met:
