[Added 3-20-2006 by Ord. No. 1329-2006; amended 10-20-2008 by Ord. No.
1391-2008]
As used in this article, the following terms shall have the
meanings indicated:
Shall include but not be limited to man-made trees, clock
towers, bell steeples and similar alternative-design mounting structures
that camouflage or conceal the presence of antennas 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 communication 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.
When two or more receiving and/or transmitting facilities
are placed together on the same tower or monopole.
The Federal Aviation Administration.
The Federal Communications Commission.
The Mayor and Council of the Borough of Edgewater and/or
its designated agents, employees and representatives.
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 any rooftop appurtenance
on an existing structure, and including the base pad and any antenna,
even if said highest point is an antenna.
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The Edgewater Planning Board, whose statutory authority is
defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Shall have the meaning set forth in § 240-169C of this article.
The zoning official of the Borough of Edgewater.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including but
not limited to self-supporting lattice towers, guy 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 supports thereto.
A.
New towers and antennas. All new towers or antennas to be sited in
the Borough of Edgewater shall be subject to these regulations.
B.
District height limitations. The requirements set forth in this article
shall govern the heights of all towers and antennas to be constructed
in each zoning district. The height limitations applicable to buildings
and structures shall not apply to towers and antennas facilities.
C.
Preexisting towers and antennas. Any wireless communication tower or antenna on which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article, other than the requirements of § 240-170E and F. This includes permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired. Any such towers or antennas shall be referred to in this article as "preexisting antennas."
D.
Public
property. Antennas or towers located on property owned, leased or
otherwise controlled by the Borough of Edgewater shall be exempt from
the requirements of this article, provided a license or lease authorizing
such antenna or tower has been approved by resolution by the governing
body. Said approved municipal sites utilized for the purposes of construction
or locating towers and/or antennas shall be treated as engaging in
a permitted use under this article.
[Added 8-16-2010 by Ord. No. 1434-2010]
A.
Purpose; goals. The purpose of this article is to establish general
guidelines for the siting of wireless communication towers and antennas.
(1)
The
goals of this article are to:
(a)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(b)
Encourage the location of towers in nonresidential areas;
(c)
Minimize the total number of towers throughout the community;
(d)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
(e)
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(f)
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;
(g)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(h)
Require that such towers are properly constructed, maintained and
dismantled, and that appropriate security is posted to ensure same
and the safety of Borough residents;
(i)
Consider the public health and safety of communication towers; and
(j)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(2)
In
furtherance of these goals, the Planning Board shall give due consideration
to the Borough of Edgewater's Master Plan, Zoning Map, existing land
uses and environmentally sensitive areas in approving sites for the
location of towers and antennas.
B.
Principal or accessory use. Antennas may be considered either principal
or accessory uses, and towers shall be considered a principal use
only. A different existing use of an existing structure on the same
lot shall not preclude the installation of an antenna on such lot
but shall preclude the construction of a tower. For the purpose of
determining whether the installation of a tower or antenna complies
with zoning 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 lots.
C.
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Planning Board an inventory of all existing
towers, antennas or sites approved for towers or antennas that are
both within the jurisdiction of the governing authority and within
1/4 mile of the border thereof, including specific information about
the location, height and design of each tower.
D.
Aesthetics; lighting. The guidelines set forth in this Subsection D shall govern the aesthetic appearance of all towers and the installation of all antennas governed by this article; provided, however, that the Planning Board may grant variances to these requirements if it determines that the goals of this article are better served thereby and in accordance with the Municipal Land Use Law (MLUL).
(1)
Towers shall maintain a galvanized steel finish, subject to
any applicable standards of the FAA, and shall be painted a neutral
color so as to reduce visual obtrusiveness. Colors, textures, screening,
camouflage and landscaping shall be used to blend the tower facilities
to the natural setting and surrounding environment.
(2)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment shall
be camouflaged so as to make the antenna and related equipment as
visually unobtrusive as possible.
(3)
Towers shall not be artificially lighted unless required by
the FAA or other applicable authority. If lighting is required, the
Planning Board may review the available lighting alternatives and
approve the design that would cause the least disturbance to the surrounding
views and residential areas.
E.
Federal requirements. All towers must meet or exceed current standards
and regulations of the FAA, FCC and any other agency of the 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 more stringent compliance schedule is mandated by the controlling
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. Any
such removal shall be ordered by the Planning Board, as all approvals
granted herein shall be unequivocally deemed conditional approvals
subject to this provision, or by order of the Edgewater Construction
Official.
F.
Building codes; safety standards. To ensure the structural integrity
of all wireless communication towers within the Borough of Edgewater,
the owner of each tower shall ensure that the tower is maintained
in compliance with standards contained in the Uniform Construction
Code and the applicable standards for towers that are published by
the Electronic Industries Association, as amended from time to time.
If upon inspection the governing authority 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 10 days to bring such tower into
compliance with such standards. If the owner fails to bring such tower
into compliance within said 10 days, then the Mayor and Council, in
conjunction with the Borough of Edgewater's Construction Official,
may order the removal of such tower at the owner's expense, and lien
the property for all costs incurred, including professional fees expended.
G.
Signs. No signs or other nonessential accoutrements shall be allowed
on any antenna or tower, with the exception of warning signs or other
signs required by federal, state or local law.
H.
Buildings and support equipment associated with the antennas or towers shall comply with the requirements of § 240-174.
I.
Access road. All access roads leading to the tower and antenna area
shall be paved with asphalt. The access road shall include an area
for sufficient parking and turnaround radius for at least one vehicle.
J.
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.
K.
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 communication system in the Borough of Edgewater have
been obtained, and shall file a copy of all required franchises with
the Clerk of the Borough of Edgewater, who shall distribute copies
of same to the Borough Construction Official and Edgewater Building
Department.
L.
Maximum tower height. The maximum height of any tower shall not exceed
70 feet. For purposes of measurement, the maximum tower height shall
include any structures supported by the tower and any antenna.
B.
Specific permitted uses. The following uses are specifically permitted:
(1)
Locating a tower, including the placement of supporting equipment
used in connection with said tower, in the R-3, R-4, R-5, SRH, MCRD,
CBD, B-1, B-2, B-3, B-4, MXD-1, MXD-2, MXD-3 and OR-1 Zoning Districts;
provided, however, that such tower shall be set back from any existing
off-site residence a distance equal to the height of the tower;
[Amended 12-17-2012 by Ord. No. 1485-2012; 9-15-2014 by Ord. No. 1512-2014]
(2)
Installing an antenna on an existing structure other than a
tower (such as a building, sign, light pole, water tower or other
freestanding structure) that is no less than 60 feet in height, so
long as said antenna adds no more than 10 feet to the height of said
existing structure; provided, however, that the aforesaid height restrictions
shall not apply to any structures owned by the Borough of Edgewater;
and
(3)
Installing an antenna on any existing tower of any height, so
long as the addition of said antenna adds no more than 10 feet to
the height of said existing tower.
A.
The Edgewater Planning Board has exclusive jurisdiction pursuant
to the MLUL and this article, unless it is determined that the Edgewater
Board of Adjustment has jurisdiction pursuant to the provisions of
the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., at which point
the provisions of this article shall apply to the Edgewater Board
of Adjustment.
B.
Each applicant for administrative approval shall apply to the Planning
Board or the Zoning Board of Adjustment as indicated supra, providing
the information required in this article, together with a nonrefundable
fee as established by resolution of the Borough Council to reimburse
the Borough of Edgewater for the costs of reviewing the application.
C.
The Planning Board or the Zoning Board of Adjustment, as indicated
supra, shall review the application and determine if the proposed
use complies with the provisions of this article.
A.
Applicability. If the tower or antenna is not a permitted use under § 240-171 of this article, then the applicant shall be required to submit its application to the Edgewater Zoning Board of Adjustment for a use variance, pursuant to N.J.S.A. 40:55D-1 et seq., which shall have jurisdiction over the application.
(1)
In granting a use variance, the Zoning Board of Adjustment may
impose conditions to the extent the Board concludes that such conditions
are necessary to minimize any adverse effect of the proposed tower
or antenna facility on adjoining properties.
(2)
Upon either filing, i.e., use permits or site plan approval,
all proofs of an engineering nature that the applicant submits, whether
civil, mechanical or electrical, shall be certified by a licensed
professional engineer. Reports submitted by radio frequency (RF) experts
shall be exempt from this requirement.
(3)
An applicant seeking a use variance shall submit the information
described in this section, together with an amount to be deposited
into escrow to reimburse the Borough of Edgewater for the costs of
reviewing the application.
B.
Information required. Each applicant requesting a use variance under
this article shall submit the following information:
(1)
A scaled site plan clearly indicating the location, type and
height of the proposed tower or antennas, on-site land uses and zoning,
adjacent land uses and zoning (including, when adjacent to other municipalities,
Master Plan classification of the site), adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings
of the proposed tower or antennas and any other structures, topography,
parking and other information deemed by the Board of Adjustment to
be necessary to assess compliance with this article.
(2)
Legal description of the parent tract and leased parcel (if
applicable).
(3)
The setback distance between the proposed tower or antenna and
the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
(4)
The separation distance from other towers and antennas described in the inventory of existing sites submitted pursuant to § 240-170C 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 antennas and the owner/operator of the existing tower(s) and antennas.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, finished color, camouflage and illumination.
(8)
A notarized statement supported by appropriate engineering and
supporting data demonstrating how the construction of the tower or
antenna facility will accommodate co-location of additional antennas
for future reference.
(9)
Identification of the entities providing the backhaul network
for the tower(s) or antennas described in the application and other
cellular sites owned or operated by the applicant in the municipality.
(10)
A description of the suitability of the use of existing towers,
antenna sites or 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 or antennas.
(11)
Line-of-sight analysis detailing the view of the proposed tower
or antennas from various directions and angles from adjacent residential
areas. The analysis shall be utilized to determine buffer requirements.
(12)
Any other information deemed by the Zoning Board of Adjustment
to be necessary to assess compliance with the MLUL and this article.
C.
Factors considered in granting use variances. The Edgewater Zoning
Board of Adjustment shall consider the following factors in determining
whether to issue a use variance:
(1)
Height of the proposed tower;
(2)
Proximity of the tower 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, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
D.
Availability of suitable existing towers or other structures. No
new tower or antenna shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Board of Adjustment that no
existing tower, antenna site, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed tower or antenna. Evidence submitted to demonstrate
that no existing tower, antenna site, or structure can accommodate
the applicant's proposed tower or antenna may consist of any of the
following:
(1)
No existing towers, antenna site or structures are located within
the geographic area required to meet the applicant's engineering requirements.
(2)
Existing towers, antenna sites or structures are not of sufficient
height to meet the applicant's engineering requirements.
(3)
Existing towers, antenna sites or structures do not have sufficient
structural strength to support the applicant's proposed tower or antennas
and related equipment.
(4)
The applicant's proposed tower or antenna would cause electromagnetic
interference with the antennas on the existing towers, antenna sites
or structures, or the antennas on the existing towers or structures
would cause interference with the applicant's proposed tower or antenna.
(5)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower, antenna site or structure, or
to adapt an existing tower, antenna site or structure for sharing,
are unreasonable. Costs exceeding new tower or antenna development
are presumed to be unreasonable, and a cost comparison shall be admissible
evidence of same.
(6)
The applicant demonstrates that there are significant other
limiting factors that render existing towers, antenna sites and structures
unsuitable.
(7)
Applicant shall have the affirmative obligation of proving that
it has attempted to enter into a contract with the owners of the existing
towers, antenna sites and structures:
(a)
This obligation shall include copies of all correspondence as
to rates, cost of contributions, etc.
(b)
Copies of rejection of the offers propounded on the applicant
by the owners of the existing structures, antenna sites and/or towers.
(c)
Written cost proposals indicating actual quoted figures required
by the owner of the existing structures, antenna sites and/or towers.
(d)
A detailed cost analysis indicating the cost to the applicant
to construct new tower, antennas and/or structure.
(8)
The applicant shall further demonstrate that an alternative
technology that does not require the use of towers, antennas 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.
E.
Setbacks. The following setback requirements shall apply to all new
towers for which a use variance is required; provided, however, that
the Edgewater Zoning Board of Adjustment may reduce the standard setback
requirements in any industrial or commercial zoning district if the
goals of this article would be better served thereby:
F.
Security fencing. Towers shall be enclosed by security fencing not
less than eight feet in height and shall be slatted and equipped with
an appropriate anticlimbing device; provided, however, that the Zoning
Board of Adjustment may grant a variance of such requirements as it
deems appropriate.
G.
Landscaping. The following requirements shall govern the landscaping
surrounding the towers for which a use variance is required; provided,
however, that the Zoning Board of Adjustment may grant variance of
such requirements if the goals of this article would be better served
thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from adjacent property. The standard buffer shall consist of a landscaped
strip at least four feet wide and 12 feet high outside the perimeter
of the compound.
(2)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible.
A.
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with an antenna facility shall comply
with the following:
(1)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 15 feet in height. In addition,
for buildings and structures which are less than 60 feet in height,
the related unmanned equipment structure, if over 150 square feet
of gross floor area or 12 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of the building,
then the area of the equipment structure and other equipment and structures
shall not occupy more than 15% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(4)
Equipment storage buildings or cabinets shall be sufficiently
insulated so that any noise generated from the equipment shall not
exceed 50 decibels at the property line.
B.
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 200 square feet of gross floor area or
be more than 15 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
A letter of intent shall be provided by all applicants seeking
approval to construct a wireless communication tower, committing the
tower owner and its successors to allow the shared use of the tower
if additional users agree in writing to meet reasonable terms and
conditions for shared use, and that the tower owner acknowledges and
agrees that its successors and/or individual users shall be bound
and will conform to the requirements of this article, as applicable.
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 same within 90 days of receipt of notice
from the Edgewater Building Department notifying the owner of such
abandonment. If such antenna or tower is not removed within said ninety-day
period, the Mayor and Council may order the removal of such antenna
or tower at the owner's expense, and lien the property for the costs
associated therewith, inclusive of professional fees. 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 be performed in compliance
with the requirements of this article.
B.
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit. The type, height and location of the tower on site shall be of the identical type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes 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 § 240-176.
The applicant's use of the premises is contingent upon its obtaining
all certificates, permits, zoning and other approvals that may be
required by any federal, state or local authority. The applicant shall
erect, maintain and operate its antenna facilities in accordance with
site standards, statutes, ordinances, rules and regulations now in
effect or that may be issued hereafter by the Federal Communications
Commission or any other governing bodies. Should any conflict arise
between local zoning ordinances and rules or regulations promulgated
by the FCC, the FCC rules and regulations shall govern.
A.
All wireless telecommunications towers and antenna facilities within
the Borough of Edgewater which are used to provide any telecommunications
services for a fee are required to be registered by the owner of the
tower or antenna facility with the Borough. The registration forms
shall be provided by the Edgewater Building Department. A fee of $250,
plus $1 for each foot of tower or antenna height of the tallest antenna,
shall be charged for the registration.
B.
Each owner shall inform the Borough within 60 days of any changes
to the information set forth in the registration form.
C.
The registration of all wireless telecommunications towers and antennas
facilities must be renewed on an annual basis and no later than January
31 of each year. The registration form must be accompanied by the
fee to be accepted. The tower/antenna owner shall submit the registration
form and fee to the Borough Building Department for review and processing.
D.
A late fee of $25 shall be charged for each month that the registration
and accompanying fee is not received by the Borough.
E.
An applicant who co-locates on an existing tower or antenna facility
shall pay a reduced renewal registration fee of $100. The registration
fee of the owner of the tower or antennas facility on which another
provider co-locates shall be reduced to $150, said reduction shall
commence in the year following the co-location.
The applicant shall, at its expense, comply with all present
and future federal, state and local laws, ordinances, rules and regulations
(including laws and ordinances relating to health, radio-frequency
emissions, other radiation and safety) in connection with the use,
operation, maintenance, construction and/or installation of the antenna
facilities and/or the premises. The municipality agrees to reasonably
cooperate with the applicant in obtaining, at the applicant's expense
(including the municipality's reasonable attorney and administrative
fees), any federal licenses and permits required for or substantially
required by the applicant's use of the premises.
A.
The provisions of this article will be enforced by the Borough Zoning
Officer and Borough Construction Official, as appropriate.
B.
The owner of any tower or antenna facility shall indemnify and hold
the Borough harmless against any and all claims, suits, cause of action
or judgments arising from any injury, including death or damage, caused
by the construction and operation of the tower or antenna facility.
C.
Any person, firm, or corporation who violates any of the provisions
of this article, or any amendment or supplement thereof, shall be
deemed guilty of a violation and, upon conviction thereof in a court
of competent jurisdiction, shall be fined not more than $250. Each
and every day during which such violation, illegal location, erection,
construction, reconstruction, enlargement, change, maintenance or
use continues shall be deemed a separate offense.
