[HISTORY: Adopted by the Mayor and Council of the Borough
of Haddon Heights 3-17-2009 by Ord. No. 1293. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning and land development — See Ch. 450.
Local wireless communications facilities may be established
within the Borough in accordance with the following conditions.
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
Borough while minimizing the total number of communications towers;
B.
To minimize the impact of local communications facilities, particularly
towers, in areas of historic, scenic and cultural significance to
the Borough and the region;
C.
To encourage the location of such towers as are necessary in areas
of the municipality that would not impinge on the health, safety,
welfare or aesthetics of residents and residential 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; and
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withdrawn from service.
A.
LOCAL COMMUNICATIONS FACILITIES
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Facilities for the provision of wireless communications services,
including, but not limited to, antenna, antenna support structure,
telecommunications towers, and related equipment for the operation
of such facilities.
B.
Applicability.
(1)
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 this
chapter.
(2)
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.
Facilities, particularly towers, are prohibited in areas of
historic, scenic and cultural significance to the Borough and the
region.
Local communications facilities shall be a conditional use in
all nonresidential zoning districts, except the Central Business District
and Professional Office Zones, and on the parcel of an existing first
aid, fire station or other public structure or use, subject to the
following conditions:
A.
Local communications facilities shall not be located in the Historic
District.
B.
The applicant shall prove to the Planning Board that it cannot provide
adequate service to its customers by:
(1)
Co-locating on an existing local communications facility;
(2)
Extending the height of an existing local communications facility;
(3)
Replacing and reconstructing an existing communications tower to
accommodate local communications facilities; or
(4)
Locating its antenna on a structure on which there are telecommunications
antennas at the time the application is filed.
C.
No new freestanding tower, or the use of an existing building that does not have telecommunications antennas on it at the time the application is filed, shall be approved unless the applicant can meet the requirement of Subsection B above.
D.
Local communications
facilities shall comply with all setback requirements in the zone
in which they are located.
A.
An application for local communications facilities shall be filed
with the Planning Board for a conditional use permit and site plan
approval, subject to the provisions and limitations contained herein.
B.
The applicant shall submit with such application a) a report indicating
that the site will comply with the FCC requirements pertaining to
radio frequency emissions; b) a report showing the provider's
gap in coverage and how the proposed local communications facility
will address the gap; c) a structural report, signed and sealed by
a licensed professional engineer in the State of New Jersey who is
qualified to practice structural engineering, and thus indicating
that the existing structure can accommodate the additional load from
the proposed equipment; and d) a report indicating that the noise
from the equipment will not exceed 50 dBm at any residential property
line. The Borough may seek, at the applicant's expense, independent
expert advice on the specific location need for design, construction,
and operation of local communications facilities to aid in the evaluation
of applications for such facilities and the reports required herein.
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 Borough, if technical operating requirements allow. The
Borough 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 Borough
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 competent regulatory agency
shall serve as evidence of the need for a facility in a general area,
but not as to the need for any specific site.
E.
The applicant shall agree in writing to submit certification to the
Planning Board 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
Planning Board, within 12 months of the certification.
F.
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 Borough; and the following circumstances apply:
(1)
Use of the structure will not require expansion and the addition
of a local communications facility does not harm the character, and
integrity of the existing structure; or
(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 an existing communications structure; or
(3)
Use of the structure will require an expansion in excess of 50% where
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 agrees 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 Borough shall be made available for co-location
purposes.
All new local communications facilities proposed in areas of
the Borough as noted herein above shall not exceed 150 feet in height,
as measured from grade. Freestanding towers built to a height less
than 150 feet shall be designed so that their height may be increased
to a maximum of 150 feet if necessary to accommodate the needs of
other local communications facilities.
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 Borough 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 Borough at the owner's expense.
B.
All new freestanding support towers, and expansions of existing support
towers, shall be built to the minimum height required to allow the
applicant to provide adequate service. The support tower shall be
designed so that it can be expanded to a height of 150 feet to accommodate
other communications carriers.
C.
All new freestanding support towers shall be of monopole-type construction.
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 Planning Board. The structure shall
be located as close to the antenna support structure as possible and
shall not exceed 12 feet in height or 200 square feet in area, unless
expressly authorized by the Planning Board. Only one such structure
shall be permitted per facility user, unless a need is otherwise demonstrated
to the Planning Board. 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 Borough 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 structure 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 sign 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)
The 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 least 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; and
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
extends 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. On a biannual
basis, the owner of the communications facility shall submit to the
Borough a report that is signed and sealed by a licensed professional
engineer that certifies compliance with the terms of this subsection.
The Borough also reserves the right to have periodic inspections of
the site. If at any time the Borough 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 this chapter within 12 months of its ceasing to operate. In any
event, the Borough 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 measurements 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.
A.
Preapplication conference. Early consultation by applicants with
Borough officials and the Planning Board 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 Planning
Board 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 Planning
Board 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 Planning Board.
B.
New local communications facilities shall be located on existing
towers or within a nonresidential zoning district and shall require
conditional use approval and site plan approval by the Planning Board.
(1)
All persons seeking to build such a facility must submit an application
to the Planning Board which, in addition to the requirements set forth
on the Planning Board checklist, must also contain or be revised to
conform to the following requirements:
(a)
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 within 200 feet; proposed means
of access; limits of clearing; and setbacks from property lines;
(b)
Photographs of the proposed site of the facility showing current
conditions;
(c)
The setback distance from the nearest structure;
(d)
A map showing the location of all other local communications
facility towers and other structures within the Borough as well as
outside the Borough within a two-mile radius. The applicant shall
also identify the height and type of construction of all such structures;
(e)
Propagation maps showing the current coverage within the Borough,
as well as the anticipated coverage if the application is granted;
(f)
A landscape plan showing proposed landscaping;
(g)
The location and type of proposed fencing, if applicable, and
the type, location, color and power of any illumination;
(h)
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;
(i)
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;
(j)
Structural calculations and engineering drawings signed and
sealed by a licensed professional engineer in the State of New Jersey
indicating that either the existing tower is capable of supporting
the loads from the proposed co-location; that the existing building
structure can support the wireless communications tower, antenna,
equipment, etc., for both gravity and lateral loadings; or that the
new tower installation meets all applicable local and state building
codes and federal requirements pertaining to communications tower
construction;
(k)
Written confirmation from any other wireless providers who have
expressed a desire to co-locate on the proposed facility that the
selected site meets their operational needs and space requirements
for equipment sheds and the like; and
(l)
In the event that co-location is found not to be feasible, a
written statement of explanation shall be submitted to the Planning
Board. The Planning Board may retain a technical expert in the field
of radiofrequency 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 of such a technical expert
will be at the expense of the applicant;
(m)
A plot plan, survey and all other plans and documents required
for site plan approval;
