A.
The purpose
of this article is to establish regulations for the siting of wireless
communications towers and antennas. The goals of this article are
to:
[Amended 5-20-2014 by Ord. No. 14-7]
(1)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
The land use policy of the Borough is to require co-location
on existing tower sites as a primary option rather than construction
of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the
extent possible, in areas where the adverse impact on the community
is minimal;
(6)
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;
(7)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently; and
(8)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
In furtherance
of these goals, the Borough of Westwood shall give due consideration
to the Borough'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 terms shall have the
meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antenna or towers.
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 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 finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or zoning
permit or site plan approval has been properly issued prior to the
effective date of this article, including permitted towers or antennas
that have not yet been constructed, so long as such approval is current
and not expired.
[Amended 5-20-2014 by Ord. No. 14-7]
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. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
B.
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.
D.
An applicant seeking to co-locate wireless communication equipment
on a wireless communication support structure or in an existing equipment
compound that complies with each and every listed requirement detailed
in N.J.S.A. 40:55D-46.2, and does not require variance approval, shall
be exempt from a site plan review, but shall be responsible to provide
a needs analysis, as defined herein, and secure all necessary and
required zoning and construction permits prior to implementing any
modifications to the wireless communication equipment.
[Amended 5-20-2014 by Ord. No. 14-7]
A.
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
B.
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with district 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 Planning/Zoning Board an inventory of the
existing towers, antennas, or sites approved for towers or antennas
that are either within the corporate boundaries of the Borough of
Westwood or within one mile of the border thereof, including specific
information about the location, height, and design of each tower.
The Borough may share such information with other applicants applying
for zoning permits or site plan approval under this article or other
organizations seeking to locate antennas within the corporate boundaries
of the Borough of Westwood; provided, however, that the Borough is
not, by sharing such information, in any way representing or warranting
that such sites are available, suitable, or that the information is
accurate, complete and/or contemporary.
[Amended 1-18-2011 by Ord. No. 11-04; 5-20-2014 by Ord. No. 14-7]
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, 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.
(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 lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen 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 article
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 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[1] 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 Westwood 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.
H.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough of Westwood, irrespective of municipal and county jurisdictional
boundaries.
I.
Not essential services. 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.
J.
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 Westwood have
been obtained and shall file a copy of all required franchises with
the Zoning Officer.
[Amended 1-18-2011 by Ord. No. 11-04]
K.
Public notice. For purposes of this article, any variance request,
or appeal of an administratively approved use or variance shall require
public notice to all abutting property owners in strict accordance
with the requirements contained in N.J.S.A. 40:55D-12.
[Amended 5-20-2014 by Ord. No. 14-7]
L.
Signs.
No signs shall be allowed on an antenna or tower, except for safety,
warning or regulatory signs.
[Amended 5-20-2014 by Ord. No. 14-7]
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 195-145.
N.
Multiple antenna/tower plan. The Borough of Westwood encourages the
users of towers and antennas to submit a comprehensive plan of proposed
coverage for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process for all towers and/or antenna sites.
[Amended 5-20-2014 by Ord. No. 14-7]
[Amended 5-20-2014 by Ord. No. 14-7]
Siting preferences. Pursuant to the needs analysis required
by Subsection A below, an application to install, construct, erect,
move, reconstruct, or modify any wireless telecommunications antenna
shall be subject to siting preferences as follows:
A.
If the needs analysis demonstrates that it is reasonably necessary
to install, construct, erect, move, reconstruct, or modify a wireless
telecommunication antenna within the Borough of Westwood, then, subject
to all other permitted conditional use standards, the proposed wireless
telecommunications antenna may be located upon an existing building
or existing wireless telecommunications tower as a conditional use
within the H Zone, or upon municipal buildings, towers or properties.
In all cases, preference shall be given to municipal sites for wireless
telecommunications antennas.
B.
If the needs analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, and/or modify the proposed wireless telecommunications antenna upon an existing building or on an existing wireless telecommunications tower in accordance with § 195-142A, then, subject to all other permitted conditional use standards, the proposed wireless telecommunications antenna may be located or co-located upon a new wireless telecommunications tower to be constructed as a conditional use within the C, H, HSO, LM Zones, or on municipally owned facilities or properties.
[Amended 5-18-2010 by Ord. No. 10-10; 12-21-2010 by Ord. No. 10-30; 1-18-2011 by Ord. No. 11-04; 5-20-2014 by Ord. No. 14-7]
The following uses may be approved by the Zoning Officer after
conducting an administrative review:
A.
Locating an antenna, including the placement of additional buildings
or other supporting equipment, including an increase in tower height
used in connection with said tower or antenna, as authorized by N.J.S.A.
40:55D-46.2.
[Amended 5-18-2010 by Ord. No. 10-10; 12-21-2010 by Ord. No. 10-30; 1-18-2011 by Ord. No. 11-04]
A.
General. The following provisions shall govern the approval of a
conditional use pursuant to N.J.S.A. 40:55D-67 for towers or antennas
by the Planning Board:
[Amended 5-20-2014 by Ord. No. 14-7]
(1)
Applications for approval of a conditional use pursuant to N.J.S.A. 40:55D-67 under this section shall be subject to the procedures and requirements of § 195-45 of this chapter, except as modified in this section.
(2)
In granting approval of a conditional use pursuant to N.J.S.A.
40:55D-67, the Planning Board may impose conditions to the extent
the Planning Board concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties.
(3)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, of a site plan
nature, shall be certified by a licensed professional engineer.
(4)
An applicant for approval of a conditional use pursuant to N.J.S.A.
40:55D-67 shall submit the information described in this section and
a nonrefundable fee, as established by resolution of the Governing
Body of the Borough of Westwood, to reimburse the Borough of Westwood
for the costs of reviewing the application.
B.
Towers, antennas and ancillary structures.
(1)
Information required. In addition to any information required for applications for conditional use approval pursuant to § 195-45 of this chapter, applications for a conditional use approval for a tower, antenna or appurtenant structure shall submit the following information:
(a)
A scaled plan clearly indicating the location, type and height of the proposed tower, antenna or appurtenant structures, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), zoning ordinance classification of the site and all properties within the applicable separation distances set forth in § 195-144B(5) or within 200 feet, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower, antenna and appurtenant structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this article.
(b)
Legal description of the parent tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower, antenna and appurtenant
structures and the nearest residential unit.
(d)
The separation distance from other towers described in the inventory of existing sites, submitted pursuant to § 195-141C, 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.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users. Said statement shall be based upon an engineering study
evaluating the structural stability and ability of the tower to accommodate
the proposed additional antennas and shall be accompanied by the engineering
study upon which the statement is based.
[Amended 5-20-2014 by Ord. No. 14-7]
(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 municipality.
(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 location(s) of future towers or
antennas within the Borough of Westwood, based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(2)
Factors considered in granting approval of a conditional use pursuant to N.J.S.A. 40:55D-67 for towers. In addition to any standards for consideration of applications for approval of a conditional use pursuant to N.J.S.A. 40:55D-67, and pursuant to § 195-45 of this chapter, the Board shall consider the following factors in determining whether to approve a conditional use pursuant to N.J.S.A. 40:55D-67, although the Planning Board may waive or reduce the requirements on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this article are better served thereby:
[Amended 5-20-2014 by Ord. No. 14-7]
(a)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection B(3) of this section.
(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; and
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(3)
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 Planning
Board 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 Planning Board related to the availability of suitable
existing towers, 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:
(a)
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
(d)
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.
(e)
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.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
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.
(h)
Collocation inquiries and responses.
[Amended 5-20-2014 by Ord. No. 14-7]
[1]
The applicant shall have made a formal, bona fide inquiry as to the
owner's willingness to enter into a co-location agreement to each
and every owner of record of existing towers within the Borough of
Westwood. Such an inquiry shall be made by certified mail and made
no less than 120 days and no more than 180 days before the date the
applicant's application is filed with the Zoning Officer, in writing,
addressed to the president or registered agent of a corporation, the
managing member of a limited-liability company or the owner of record
as appearing on the tax records of the municipality for an individually
owned site. As to municipal sites, any such inquiry for co-location
shall be made via certified mail, return receipt requested, to the
Borough Clerk and Zoning Officer. The inquiry shall state, in substance:
|
"The applicant seeks to install [describe nature of proposed
antennas and/or towers] at [describe location], however, as you [the
addressee] are the owner/operator of an existing site, we are hereby
soliciting from you a statement of interest or noninterest in accommodating
our antennas at your location."
|
[2]
In addition, whenever an application to erect a new tower or
antenna is made, a copy of the application and all supporting materials
submitted to the Zoning Officer shall also be provided to the Mayor
and Council by certified mail, or other qualified means of delivery,
to the Borough at the time of the filing of the application.
[3]
In addition, the applicant shall furnish a copy of any written reply
received from such an owner/operator or shall certify that no written
response was received. If the response received was oral, the applicant
shall certify the person from whom received and the substance of the
reply.
(4)
Setbacks. The following setback requirements shall apply to
all towers for which approval of a conditional use pursuant to N.J.S.A.
40:55D-67 is required; provided, however, that the Planning Board
may reduce the standard setback requirements if the goals of this
article would be better served thereby:
[Amended 5-20-2014 by Ord. No. 14-7]
(5)
Separation. The following separation requirements shall apply
to all towers and antennas for which approval of a conditional use
pursuant to N.J.S.A. 40:55D-67 is required; provided, however, that
the Planning Board may reduce the standard separation requirements
if the goals of this article would be better served thereby.
(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 towers shall comply with the minimum
standards established in Table 1.
[Amended 5-20-2014 by Ord. No. 14-7]
|
Table 1: Separation Distances of Towers From Off-Site
Uses/Designated Areas
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| |
|
Single-family or duplex residential units1
|
200 feet or 300% height of tower, whichever is greater
| |
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% height of tower,2 whichever is greater
| |
|
Vacant unplatted residentially zoned land3
|
100 feet or 100% height of tower, whichever is greater
| |
|
Existing multifamily residential units greater than duplex units
|
100 feet or 100% height of tower, whichever is greater
| |
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
Includes modular homes and mobile homes used for living purposes.
| |
|
2
|
Separation measured from base of tower to closest building setback
line.
| |
|
3
|
Includes any unplatted residential use properties without a
valid preliminary subdivision plan or valid development plan approval
and any multifamily residentially zoned land greater than duplex.
| |
(b)
Separation distances between towers.
[1]
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.
[Amended 5-20-2014 by Ord. No. 14-7]
|
Table 2: Separation Distances Between Existing Towers
(linear feet)
| |||||
|---|---|---|---|---|---|
|
Lattice
|
Guyed or Cable Supported
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
| ||
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
| |
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
| |
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
| |
(6)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anticlimbing device; provided, however, that the Planning
Board may waive such requirements as it deems appropriate.
(7)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which approval of a conditional use pursuant
to N.J.S.A. 40:55D-67 is required; provided, however, that the Planning
Board may waive such requirements if the goals of this article would
be better served thereby:
(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. The standard buffer shall consist
of a landscaped strip, at least four feet wide, outside the perimeter
of the compound.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
(c)
Existing mature tree growth and natural land forms 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.
C.
Wireless telecommunications antennas. Wireless telecommunications
antennas shall be consistent with the following requirements:
[Added 5-20-2014 by Ord. No. 14-7]
(1)
Microwave dishes, cones, or other antennas used for the purpose
of point-to-point microwave transmission or microwave links are prohibited,
except for municipal emergency services.
(2)
Side-arm mounted antennas, of any kind, are prohibited.
(3)
Subject to the siting preferences set forth in § 195-142 above, wireless telecommunications antennas may be mounted on existing buildings or other structures or on wireless telecommunications towers, provided that:
(a)
Wireless telecommunications antennas mounted to a facade of
a building are permitted only if designed to blend into the existing
architectural detailing of the building. Wireless telecommunications
antennas are permitted to be rooftop mounted instead of facade mounted
only if the analysis demonstrates the need for such a configuration
and such roof-mounted antennas employ stealth technology, such as
the use of appropriately colored shields or screens.
(b)
Wireless telecommunications antennas mounted on existing buildings
or other structures shall comply with the height restrictions applicable
to the particular zone.
(c)
Wireless telecommunications antennas mounted on wireless telecommunications
towers shall not extend beyond the height limitations for such towers.
(d)
Wireless telecommunications antennas shall be constructed, finished,
or painted to employ stealth technology to camouflage the antennas
so as to minimize their visual impact on the landscape.
D.
Wireless telecommunications towers shall be designed to comply with
the following regulations:
[Added 5-20-2014 by Ord. No. 14-7]
(1)
Wireless telecommunications towers shall be limited to monopole
designs only. Freestanding lattice towers and guyed or cable-supported
towers of any kind are prohibited.
(2)
To the maximum extent practicable, wireless telecommunications
towers shall be designed to permit co-location of additional antennas.
(3)
The maximum height of any wireless telecommunications tower,
including any wireless telecommunications antennas or other equipment
mounted thereon, shall be no higher than required to close the significant
gap in service as provided by the needs analysis. However, in no instance
shall a wireless communication tower exceed 100 feet above grade.
Municipal communication towers are exempt from this height restriction.
(4)
The minimum lot size on which a wireless telecommunications
tower may be located is in accordance with the standards established
by the Area and Bulk Regulations for the Borough of Westwood.[1]
[1]
Editor's Note: See Schedule A, included as an attachment to this chapter.
(5)
All wireless telecommunications towers shall be constructed,
finished, or painted to employ stealth technology to camouflage the
equipment compound, tower and antenna so as to minimize their visual
impact on the landscape.
[Amended 5-18-2010 by Ord. No. 10-10; 12-21-2010 by Ord. No. 10-30; 1-18-2011 by Ord. No. 11-04; 5-20-2014 by Ord. No. 14-7]
A.
Wireless telecommunications equipment and wireless telecommunications
equipment compounds shall comply with the following regulations. All
wireless telecommunications equipment shall be housed within a wireless
telecommunications equipment compound, consistent with the following
requirements:
(1)
Wireless telecommunications equipment compounds shall be enclosed
within a locked security fence not less than six feet nor more than
eight feet in height, unless located within an existing building.
(2)
No wireless telecommunications equipment compound or any wireless
telecommunications equipment housed therein shall exceed 15 feet in
overall height. If the wireless telecommunications equipment enclosure
is to be installed on the rooftop of an existing building or structure,
then the facility shall not exceed 12 feet in height or occupy more
than 300 square feet. If a higher or larger enclosure is deemed necessary,
such enclosure shall be located on the ground, not on a roof.
(3)
Wireless telecommunications equipment compounds shall be constructed,
finished, located or painted so as to minimize their visual impact
on the landscape and viewshed. Compounds or enclosures mounted on
a building rooftop shall be screened and painted to match the architecture
of the building.
(4)
Reasonable efforts shall be employed to camouflage and minimize
the visual impact of any wireless telecommunications technology installed
or constructed pursuant to the provisions of this subsection.
B.
Wireless telecommunications technology shall fully conform to all
applicable federal and state regulations and laws.
C.
Routine maintenance of wireless telecommunications technology shall
be limited to the hours of 7:00 a.m. to 7:00 p.m.
D.
Notwithstanding other provisions of this article, wireless telecommunications
technology may be located on a lot on which another principal building
or structure is situated or on which there is no principal building
or structure.
E.
Setback requirements for the location of wireless telecommunications
technology.
(1)
The minimum setback from any school lot line or other lot line
on which a licensed educational facility is located shall be 300 feet.
(2)
The minimum setback from residential lot lines shall be 100
feet.
(3)
No wireless telecommunications technology shall be located in
the front yard of any lot, except that building-mounted wireless telecommunications
antennas may extend an additional two feet into the otherwise required
front yard when mounted on the facade of a building.
F.
Additional site plan requirements.
(1)
In addition to compliance with all applicable zoning and site
plan requirements, applications for approval of wireless telecommunications
technology shall include the following:
(a)
A driveway, turnaround, and one parking space.
(b)
Neutral color or colors for the proposed wireless telecommunications
equipment and, when required by the Board, the use of stealth technology.
(c)
A visual impact statement (VIS) with particular attention given
to the visibility of the proposed wireless telecommunications equipment
from key viewpoints, such as but not limited to key intersections,
identified areas of public interest, i.e., schools, parks-related
features and ridges, plus those additional areas of public interest
as identified by the reviewing Board during the application review.
(d)
The reviewing Board may, where appropriate, require the applicant
to conduct a simulation of the visibility of a proposed wireless telecommunications
tower in accordance with a test protocol approved by the Board's professional
consultants.
(e)
A map of existing wireless telecommunications technology within
the corporate boundary of the Borough of Westwood or within one mile
therefrom which is owned, leased, or otherwise under the custody,
control, or use of the applicant or another wireless telecommunications
service provider at the time of application, and of sites within the
Borough of Westwood or within one mile therefrom where wireless telecommunications
technology is proposed or projected to be installed, constructed,
erected, moved, reconstructed, and/or modified by or for the benefit
of the applicant within the next two years.
(f)
A certified load analysis report prepared by a qualified and
licensed professional for the building, structure, existing wireless
telecommunications tower, or proposed wireless telecommunications
tower upon which a wireless telecommunications antenna is proposed
to be located, indicating its ability to support possible future co-located
wireless telecommunications antennas.
(2)
The reviewing authority may waive any of these requirements,
for good cause shown, where an application is made to locate a proposed
wireless telecommunications antenna upon an existing building, structure
or wireless telecommunications tower.
G.
Application requirements for zoning permits for wireless telecommunications
technology. In addition to submission of all applications required
by the Land Use Ordinance, all applicants seeking the installation,
construction, erection, movement, reconstruction, or modification
of any wireless telecommunications technology shall submit the following:
(1)
Needs analysis. The needs analysis shall contain documentary
evidence demonstrating the need for the proposed installation of new
antennas. An applicant replacing antennas on a one-for-one basis shall
be exempt from supplying a needs analysis, provided that the replacement
antennas are installed no higher than the height of the existing antennas.
This evidence shall include, at a minimum:
(a)
The wireless telecommunications service provider's wireless
telecommunications network layout and coverage area for a radius of
at least one mile from the proposed site, identifying all locations:
[1]
In operation as of the filing date of the application;
[2]
Under construction as of the filing date of the application;
[3]
Pending approval before any licensing authority as of the filing
date of the application; or
[4]
Planned or projected for approval and construction within the
next two years following the filing date of the application.
(b)
All results and, to the extent requested by the reviewing authority,
supporting data, derived from tests which must be conducted to determine
before-and-after signal strength plots. These results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect
at the time of application, contrasted with the proposed signal coverage
which would result from the proposed installation, construction, erection,
movement, reconstruction, or modification of wireless telecommunications
technology within the Borough of Westwood; and
[2]
Shall be certified by a qualified, independent radio frequency
engineer. The Borough, and its employees and agencies, reserves the
right to retain a radio frequency engineer on its own behalf at the
applicant's sole expense to review the results or data submitted on
behalf of the applicant.
(c)
A search ring surrounding the proposed site that shall be prepared
by a qualified radio frequency engineer and overlaid on an appropriate
background map demonstrating the area within the Borough where the
wireless telecommunications technology needs to be located in order
to provide reasonably necessary signal strength and coverage to the
target area.
(d)
In connection with the signal strength plots and search ring
described above, the applicant shall provide a report prepared by
a qualified independent radio frequency engineer which explains why
the proposed location was selected and which specifically addresses,
at a minimum:
[1]
If an applicant is required to provide a needs analysis pursuant to § 195-142, then said analysis shall demonstrate why it is reasonably necessary to locate that wireless telecommunications antenna within the Borough of Westwood;
[2]
If the applicant proposes to install, construct, erect, move,
reconstruct, and/or modify a wireless telecommunications antenna upon
a new wireless telecommunications tower:
[a]
Why it is reasonably necessary to locate the proposed
wireless telecommunications antenna within the Borough of Westwood;
[b]
Why it is not reasonably practicable to locate
or co-locate the proposed wireless telecommunications antenna upon
an existing building or structure within the H or CO Zones or municipal-owned
facilities or properties; and
[c]
Why it is not reasonably practicable to locate
or co-locate the proposed wireless telecommunications antenna upon
an existing wireless telecommunications tower within the C, H, LM
or HSO Zones or municipally owned facilities or properties.
(2)
Maximum RF exposure analysis. The maximum RF exposure analysis
shall be a written report prepared by a qualified expert in the scientific
study of radio frequency (RF) radiation safety. The report shall identify
all applicable laws, regulations, and industry standards establishing
maximum exposure levels for RF radiation. The report shall calculate
the maximum RF exposure levels at the lot or lease lines of the proposed
site, based upon the maximum power output of the full complement of
wireless telecommunications antennas which the wireless telecommunications
tower or other supporting structure is capable of accommodating. The
analysis shall demonstrate, to the satisfaction of the reviewing authority,
that the maximum RF exposure at the lot or lease lines of the proposed
site would not exceed the applicable maximum RF exposure levels established
by federal law. The reviewing authority may appoint, at the applicant's
sole expense, a qualified independent expert to review the analysis,
its supporting data, and its underlying assumptions.
H.
Permit standards. The following criteria shall be considered by the
reviewing authority and may be used as a basis to impose reasonable
conditions on the applicant.
(1)
Aesthetics. Wireless telecommunications technology shall be
located and buffered to the maximum extent which is practical and
technologically feasible to help ensure compatibility with surrounding
land uses. In order to minimize any adverse aesthetic effect on neighboring
residences to the extent possible, the authority may impose reasonable
conditions on the approval of the application including the following:
(a)
The authority may require the applicant to show that it has
made good faith efforts to minimize the height of proposed towers,
to co-locate on existing buildings, structures, or wireless telecommunications
towers, or to locate proposed new wireless telecommunications towers
near existing towers in an effort to consolidate visual disturbances;
(b)
The applicant must submit a copy of its policy regarding co-location
with other potential applicants on any proposed wireless telecommunications
tower;
(c)
The authority may require the applicant to use camouflage, architectural
treatments, and/or otherwise minimize the visual impact of the proposed
wireless telecommunications technology. Where appropriate to prevent
degradation or impairment of public view or vistas, the authority
may require off-site and/or off-tract landscape improvements to minimize
sight lines from highly trafficked locations or to mitigate the disruption
of scenic vistas.
(2)
Radio-frequency effect. The authority may impose conditions
on the applicant that the proposed wireless telecommunications antenna
be operated only at Federal Communication Commission (FCC) designated
frequencies and power levels and/or relevant and applicable exposure
limits. The authority may require that competent documentation be
provided which establishes that maximum allowable frequencies, power
levels, and exposure limits for radiation from the site will not be
exceeded, and that radio and television reception will not be interfered
with.
(3)
Structural safety.
(a)
Upon written request from the Borough of Westwood, at any time
during the application process or after the installation, construction,
erection, movement, reconstruction, or modification of any wireless
telecommunications technology, the applicant shall provide a report
from a licensed professional engineer certifying as to the condition
of the wireless telecommunications technology with respect to applicable
structural safety standards. Such requests from the Borough shall
not occur more often than once every three years or upon an application
to replace or co-locate additional antennas upon the tower. If the
engineer's report recommends that repairs or maintenance are required,
then a letter shall be submitted to the Borough Construction Official
which shall contain a reasonable schedule for the required repairs
or maintenance. Upon the completion of repairs or maintenance, a letter
shall be promptly submitted to the Borough Construction Official to
certify the continued integrity of the wireless telecommunications
technology.
(b)
In the event the applicant fails to comply with these requirements
regarding structural safety, the Borough reserves the right, in addition
to all of its other rights and remedies available under federal, state,
and local law, to declare the applicant in default of its obligations
under this subsection. Should that occur, the applicant will have
10 days to notify the Borough of Westwood Construction Official as
to how it intends to cure its default, setting forth a reasonable
schedule for same. In the event the applicant fails to so notify the
Borough or fails to cure as agreed, the Borough may arrange for the
removal and/or demolition of the applicant's wireless telecommunications
technology; declare the wireless telecommunications technology to
be abandoned and arrange for the public auction of the wireless telecommunications
technology; and/or pursue such other remedies at law and in equity
as may be available. Nothing in this subsection shall be construed
to limit the applicant's liability for criminal or civil prosecution.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within 90 days of receipt of
notice from the Borough of Westwood notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said 90 days
shall be grounds to remove 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.
A.
Preexisting
towers. Preexisting towers shall be allowed to continue their usage
as they presently exist. Routine maintenance (including replacement
with a new tower of like construction and height) shall be permitted
on such preexisting towers. New construction other than routine maintenance
on a preexisting tower shall comply with the requirements of this
article.
B.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 195-146, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval and without having to meet the separation requirements specified in § 195-144B(4) and (5). 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[2] and shall be obtained within 180 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 § 195-146.
[Amended 5-20-2014 by Ord. No. 14-7]
[1]
Editor's Note: Original § 65C-121J.1, Not Expansion
of Nonconforming Use, which immediately followed this section title,
was repealed 5-18-2010 by Ord. No. 10-10 and 12-21-2010 by Ord. No.
10-30.
