[Added 7-19-2001 by Ord. No. 105-01]
The purpose of this article is to provide sound land use policies,
procedures and regulations for the location and placement of wireless
telecommunications structures, antennas and equipment within the Borough
of Bloomsbury in order to protect the community from the visual and
other adverse impacts of wireless telecommunications facilities and
to preserve the scenic, rural and historic character of the countryside
that the Bloomsbury Borough Master Plan seeks to protect. This article
seeks to meet the mandate of the Telecommunications Act of 1996 and
at the same time, without limiting the generality of the foregoing,
to:
A.
Protect residential areas and land uses from the potential adverse
impacts of towers and antennas;
B.
Encourage the location of towers in nonresidential areas and along
major transportation corridors;
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.
Consider the public health and safety of communications towers; and
I.
Avoid potential damage to adjacent properties from tower failure
through proper engineering and careful siting of tower structures.
A.
Notwithstanding anything contained elsewhere in this chapter to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval or site plan exemption determination for co-location pursuant to N.J.S.A. 40:55D-46.2 under §§ 270-188 and 270-191 of this article and consistent with the visual compatibility requirements of § 270-185 below, shall be a permitted use in all nonresidential zone districts and a conditioned use in all residential zone districts of the Borough. When proposed as a conditional use, the applicant shall meet the standards of § 270-186.
[Amended 10-25-2016 by Ord. No. 106-16]
B.
Notwithstanding anything in this Article XXIV to the contrary, wireless telecommunications towers consistent with the provisions of this article shall be a conditional use within all zone districts of the Borough.
[Amended 10-23-2012 by Ord. No. 106-12]
C.
Notwithstanding anything in this Article XXIV to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Planning Board that no existing tower, structure or alternative technology that does not require the use of a tower or structure can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
A.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be designed, located
and screened to blend with and into the existing natural or built
surroundings so as to eliminate to the maximum extent practicable,
and without regard to cost, adverse visual impacts through the use
of color and camouflaging, architectural treatment, landscaping and
other appropriate means, such as but not limited to design like trees,
which shall cause the visual impact of such antennas and towers to
be compatible with neighboring residences and the character of the
community as a whole.
B.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be placed to ensure that
historic districts and historically significant viewscapes, streetscapes,
and landscapes are not visually impaired and are protected against
any visual impairment from wireless telecommunications facilities.
The views of and vistas from architecturally and/or historically significant
structures shall not be impaired or diminished by the placement of
telecommunications facilities.[1]
C.
The wireless telecommunications equipment compound shall be located
to avoid being visually solitary or prominent when viewed from residential
areas and the public way.
D.
The wireless telecommunications equipment compound shall be enclosed
within a fence at least seven feet and no more than eight feet high,
as approved by the Borough Engineer, which shall include a locking
security gate. The height of the equipment building shall not exceed
12 feet.
E.
A wireless telecommunications equipment compound consisting of no
more than 1,500 square feet may be erected in support of the wireless
telecommunications antenna but only if:
(1)
It is situated behind existing vegetation, tree cover, structures,
buildings or terrain features which will shield completely the wireless
telecommunications equipment compound from public view or, when a
location completely out of public view is not possible, a landscape
buffer of 20 feet in width shall be provided outside the fence around
the wireless telecommunications equipment compound to shield completely
the facility from public view. Landscaping shall include native evergreen
and deciduous trees at least eight feet high at the time of planting,
and the number of trees shall be based on the equivalent of staggered
double rows at 15 feet on center.
An applicant desiring to construct wireless telecommunications
antennas in residential zones or towers in any zone shall demonstrate
to the satisfaction of the Planning Board, through the presentation
and introduction of documentary and parole evidence, each of the following:
A.
The need for wireless telecommunications antennas at the proposed
location.
B.
That the applicant has exercised its best efforts to locate the wireless
telecommunications antennas on existing buildings or structures within
the applicant's search area. Without otherwise limiting the nature
of the evidence to be provided by the applicant in order to meet its
burden on this issue, the applicant shall provide to the Planning
Board copies of all correspondence from and between the wireless telecommunications
provider and the property owners of the existing buildings or structures.
The failure of the applicant to present evidence of the foregoing
shall constitute a rebuttable presumption that the applicant has not
exercised its best efforts as required herein. Evidence demonstrating
that no existing wireless telecommunications tower or building or
structure can accommodate the provider's proposed antenna may consist
of any one or more of the following:
(1)
No existing towers or structures are located within the geographic
area that is necessary to meet the provider's radio frequency engineering
requirement to provide reliable coverage.
(2)
Existing towers or structures are not of sufficient height and
cannot be made to be of sufficient height to meet the provider's radio
frequency engineering requirements or do not have sufficient structural
strength to support the provider's proposed antenna and related equipment.
(3)
The provider'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 provider's proposed antenna.
(4)
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 patently unreasonable. Actual direct
costs exceeding new tower design; development and construction are
presumed to be patently unreasonable.
(5)
The provider demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
C.
The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network and the alternate network designs identified pursuant to Subsection A above.
D.
Where a suitable location on an existing tower or other structure
is found to exist but the applicant is unable to secure an agreement
to co-locate its equipment on such tower or other structure, the applicant
shall provide sufficient and credible written evidence of its attempt
or attempts to co-locate.
E.
A full, complete description of all alternative technologies not
requiring the use of towers or other structures to provide the services
to be provided by the applicant through the use of the proposed tower.
F.
That the applicant has exercised its best efforts to site new wireless
antennas, equipment or towers within the applicant's search area according
to the priority schedule below. Without otherwise limiting the nature
of the evidence to be provided by the applicant in order to meet its
burden on this issue, the applicant shall provide to the Planning
Board the block and lot number of any parcel for which the wireless
provider has attempted to secure a lease or purchase agreement and
copies of all correspondence from and between the wireless provider
and the property owner; the failure of the applicant to present evidence
of the foregoing shall constitute a rebuttable presumption that the
applicant has not exercised its best efforts as required herein.[1]
|
Priority
|
Zone
|
Equipment
|
Location
|
Permitted or Conditional
| |
|---|---|---|---|---|---|
|
1
|
Commercial/ Transportation
|
Antenna
|
Co-located with other antennas on existing structure or tower
within a transportation corridor
|
P
| |
|
2
|
Commercial
|
Antenna
|
Existing structure or tower within a transportation corridor
|
P
| |
|
3
|
Commercial
|
Antenna
|
Co-located with other antennas on existing structures or towers
|
P
| |
|
4
|
Commercial
|
Antenna
|
Existing structure or tower
|
P
| |
|
5
|
Residential/ Transportation
|
Antenna
|
Co-located with other antennas on existing structure or tower
within a transportation corridor
|
C
| |
|
6
|
Residential/ Transportation
|
Antenna
|
Existing structure or tower
|
C
| |
|
7
|
Residential
|
Antenna
|
Co-located with other antenna on existing structure or tower
|
C
| |
|
8
|
Residential
|
Antenna
|
Existing structure or tower
|
C
| |
|
9
|
Commercial/ Transportation
|
Tower
|
Construct a tower within a commercial transportation corridor
|
C
| |
|
10
|
Commercial
|
Tower
|
Construct a tower in a commercial area
|
C
| |
|
11
|
Residential/ Transportation
|
Tower
|
Construct a tower within a residential transportation corridor
|
C
| |
|
12
|
Residential
|
Tower
|
Construct a tower in a residential zone
|
C
|
|
Notes:
| |
|---|---|
|
"Commercial" includes the B-2 and ROM Zone Districts.
| |
|
"Transportation" means the lot has frontage on Route 1-78.
| |
|
"Residential" includes the A-R, R-2, R-3, A-C and PUD Zone Districts.
|
An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of § 270-186 above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
The following shall be provided:
A.
All site plan details required by Article IV and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels. Access shall meet all jurisdictional requirements and approval by the Planning Board.
B.
A landscape plan drawn to scale showing proposed landscaping, including
species type, size, spacing, other landscape features, and existing
vegetation to be retained, removed or replaced.
C.
A report from a qualified expert certifying that the wireless telecommunications
tower and equipment facility comply with the latest structural and
wind loading requirements as set forth in the Building Officials and
Code Administrators (BOCA) International, Inc., Code; or the Electronic
Industries Alliance/Telecommunications Industry Association (EIA/TIA)
222 Revision F Standard, titled "Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures" (or equivalent), as it may
be updated or amended; or such other code as may apply to these facilities,
including a description of the number of type of antennas it is designed
to accommodate.[1]
D.
A binding, irrevocable letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing market
rates and conditions. The applicant's counsel shall simultaneously
submit a separate opinion of counsel expressing such counsel's opinion
as to the enforceability of such binding, irrevocable letter of commitment
by the Borough under the laws of the State of New Jersey. The letter
of commitment shall be recorded prior issuance of a building permit.
The letter shall commit and be binding upon the tower owner and successors
in interest.
E.
Elevations of the proposed tower and accessory building generally
depicting all proposed antennas, platforms, finish materials, and
all other accessory equipment.
F.
A copy of the lease or deed for the property.
G.
A plan which shall reference all existing wireless telecommunications
facilities in the Borough, any such facilities in the abutting towns
which provide service to areas within the Borough of Bloomsbury, and
any changes proposed within the following twelve-month period, including
plans for new locations and the discontinuance or relocation of existing
facilities.
H.
A three-hundred-sixty-degree perspective of the proposed tower at
the proposed location from distances of 1,000 feet, 1/2 mile, one
mile and two miles drawn to an appropriate scale.
A.
The wireless telecommunications tower shall be designed and constructed
so as to accommodate at least three antenna arrays of separate telecommunications
providers (the applicant's plus two co-locators).
B.
Signs shall not be permitted except for a sign displaying owner contact
information, warnings, equipment information, and safety instructions.
Such sign shall not exceed two square feet in area. No commercial
advertising shall be permitted on any wireless telecommunications
facility.
C.
No lighting is permitted except as follows: wireless telecommunications
equipment compounds enclosing electronic equipment may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light it turned off when not needed for safety
or security purposes.
D.
No lighting is permitted on a wireless telecommunications tower,
unless otherwise required by the Federal Aviation Administration (FAA).
E.
Wireless telecommunications antennas and towers shall be maintained
to assure their continued structural integrity. The owner of the tower
or antenna shall also perform such other maintenance of the structure
and of the site as to assure that is does not create a visual nuisance.
F.
Wireless telecommunications towers shall be of a color appropriate
to the tower's locational context and to make it as unobtrusive as
possible, unless otherwise required by the Federal Aviation Administration
(FAA).
G.
Wireless telecommunications facilities shall be surrounded by security
features such as a fence. All towers shall be designed with anti-climbing
devices in order to prevent unauthorized access. Additional safety
devices shall be permitted or required, as needed, and as approved
by the approving authority.
H.
Any proposed new telecommunications tower shall be a monopole unless
the applicant can demonstrate that a different type of pole is necessary
for the co-location of additional antennas on the tower. Such towers
may employ camouflage technology.
I.
No equipment shall be operated so as to produce noise in excess of
the limits set by the local noise ordinance, except for in emergency
situations requiring the use of a backup generator.
J.
Wireless telecommunications towers and antennas shall be constructed
to the Electronic Industries Alliance/Telecommunications Industry
Association (EIA/TIA) 222 Revision F Standard titled "Structural Standards
for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent),
as it may be updated or amended.
[Amended 10-23-2012 by Ord. No. 106-12]
A.
Whenever antennas are modified, operators of wireless telecommunications
facilities shall provide to Bloomsbury Borough a report from a qualified
expert certifying that a wireless telecommunications tower or building
or other support structure as modified complies with the latest structural
and wind loading requirements as set forth in the Building Officials
and Code Administrators (BOCA) International, Inc., Code and the EIA/TIA
standard referenced above. Such modifications shall be subject to
site plan review and approval.
B.
Operators of wireless telecommunications facilities shall notify
the Clerk of the Borough of Bloomsbury when the use of such antennas
and equipment is discontinued. Facilities that are not in use for
wireless telecommunications purposes for six months shall be removed
by the provider at its cost. This removal shall occur within 90 days
of the end of such six-month period. Upon removal, the site shall
be cleared, restored, and revegetated to blend with the existing surrounding
vegetation at the time of abandonment.
[Amended 10-25-2016 by Ord. No. 106-16]
A.
Federal Communications Commission (FCC) licensed wireless telecommunications
providers are encouraged to construct and site their facilities with
a view toward sharing facilities with other utilities, co-locating
with other existing wireless facilities and accommodating the co-location
of other future facilities where technically, practically and economically
feasible.
B.
Wireless telecommunications co-location site plan waiver.
(1)
Municipal Land Use Law wireless communications equipment co-location
pursuant to N.J.S.A. 40:55D-46.2.
(a)
An application for development to co-locate wireless communications
equipment on a wireless communications support structure and/or in
an existing equipment compound in accordance with N.J.S.A. 40:55D-46.2
shall not be subject to site plan review in accordance with the following
provisions:
[1]
The wireless communications support structure shall have been
previously granted all necessary approvals by the appropriate approving
authority.
[2]
The proposed co-location shall not increase:
[a]
The overall height of the wireless communications
support structure by more than 10% of the original height of the wireless
communications support structure;
[b]
The width of the wireless communications support
structure; or
[c]
The square footage of the existing equipment compound
to an area greater than 2,500 square feet.
[3]
The proposed co-location complies with the final approval of
the wireless communications support structure and all conditions attached
thereto and does not create a condition for which variance relief
would be required pursuant to P.L.1975, c.291 (N.J.S.A. 40:55D-1 et
seq.), or any other applicable law, rule or regulation.
(b)
CO-LOCATE
EQUIPMENT COMPOUND
WIRELESS COMMUNICATIONS EQUIPMENT
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
For purposes of this section, the following definitions apply:
To place or install wireless communications equipment on
a wireless communications support structure.
An area surrounding or adjacent to the base of a wireless
communications support structure within which is located wireless
communications equipment.
The setup of equipment and network components used in the
provision of wireless communications services, including, but not
limited to, antenna, transmitters, receivers, base stations, equipment
shelters, cabinets, emergency generators, power supply cabling, and
coaxial and fiber optic cable, but excluding wireless communications
support structures.
A structure that is designed to support, or is capable of
supporting, wireless communications equipment, including a monopole,
self-supporting lattice tower, guyed tower, water tower, utility pole,
or building.
(c)
Submission requirements.
[1]
An applicant pursuant to N.J.S.A. 40:55D-46.2 shall submit an application, plans and documents for a proposed wireless communications equipment co-location and site plan exemption identifying: existing equipment compound, wireless communications equipment, wireless communications support, structure at the site, and the proposed co-location installation, modifications with all equipment and components to the Bloomsbury Borough Zoning Officer for review and confirmation that the proposed co-location conforms to the requirements of § 270-191B(1)(a)[1] through [3].
[2]
Application fee. The applicant shall submit an application fee pursuant to § 270-168F(3).
[3]
Escrow fee. The applicant shall establish an escrow account and deposit the required fee pursuant to § 270-168F(4).
[4]
Copies of all Bloomsbury Borough approvals granted for the existing
tower, structure(s), antennas, compound, equipment cabinets, landscaping,
utilities, etc., shall be submitted to the Zoning Officer.
[5]
Plans and specifications identifying the existing equipment compound, wireless communications equipment, wireless communications support structure and proposed co-location wireless communications equipment and improvements at the co-location wireless communications facility shall be submitted to the Zoning Officer. Plans and specification shall identify the owner/operator/responsible party for each wireless communications installation on site, including the equipment compound, wireless communications equipment, wireless communications support structure, etc. The plans and specifications shall be fully dimensioned and appropriately scaled for the Zoning Officer to confirm the existing and proposed equipment compound, wireless communications equipment, wireless communications support structure and compliance with each of the provisions of § 270-191B(1)(a)[1] through [3] and N.J.S.A. 40:55D-46.2.
(d)
Application review.
[1]
Within 10 days of receipt of an application for a proposed wireless communications equipment co-location and site plan exemption, the Zoning Officer shall review the application and verify whether the proposed co-location application and submission documents are complete. The Zoning Officer shall inspect the proposed co-location wireless communications facility and verify the accuracy of the plan and documents submitted and that the proposed co-location conforms to the requirements of § 270-191B(1)(a) above. The Zoning Officer may consult with the Borough or Board Engineer, Planner and Attorney in the review of the application and submission documents and conduct of inspections. All costs associated with application review shall be paid by the applicant in accordance with N.J.S.A. 40:55D-53.2.
[2]
Upon fining that required plans and documents have been submitted
and that: the improvements at the proposed co-location wireless communications
facility are completely and accurately detailed in the submission,
and that the proposed wireless communications equipment co-location
conforms to each of the requirements of § 270-191B(1)(A)[1]
through [3] and N.J.S.A. 40:55D-46.2, the Zoning Officer shall issue
a zoning permit and a letter to the applicant indicating that the
proposed wireless communications equipment co-location and site plan
exemption has been approved pursuant to N.J.S.A. 40:55D-46.2.
[3]
A copy of the zoning permit and letter approving a wireless
communications equipment co-location shall be provided to the Borough
Council and Planning Board.
[4]
The provisions of this section may not be combined with the provisions § 270-191B(2) to determine the eligibility of a proposed co-location equipment installation under the provisions of this section and the Municipal Land Use Law, N.J.S.A. 40:55D-46.2.
(2)
Existing tower or base station modification/eligible facilities
site plan waiver pursuant to Section 6409 of the Spectrum Act (codified
at 47 U.S.C. § 1455) and FCC Rule § 1.40001.
(a)
An eligible facilities request for a modification to an existing
tower or base station pursuant to Section 6409 of the Spectrum Act
(codified at 47 U.S.C. § 1455) and FCC Rule § 1.40001
shall not be subject to site plan review in accordance with the following
provisions.
(b)
BASE STATION
For purposes of this section, the following definitions apply:
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The terms does not encompass
a tower as defined in this article or any equipment associated with
a tower.
[1]
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services such as microwave backhaul.
[2]
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber optic cable, regular and backup power,
supplies, and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
[3]
The term includes any structures other than a tower that, at the time the relevant application is filed with the state or local government under this section, support or house equipment described in Subsections [1] and [2] of this definition that has been reviewed and approved under the applicable zoning process, even if the structure was not built for the sole or primary purpose of providing such support.
[4]
The term does not include any structure that, at the time the
relevant application is filed with the state or local government under
this section, was missing documents or information that were not delineated
in the original notice of incompleteness.
(3)
Failure to act. In the event the Zoning Officer fails to approve
or deny a request seeking approval under this section within the time
frame for review (accounting for any tolling), the request shall be
deemed granted. The deemed grant does not become effective until the
applicant notifies the applicable reviewing authority in writing after
the review period has expired (accounting for any tolling) that the
application has been deemed granted.
(4)
Remedies. Applicants and reviewing authorities may bring claims
related to Section 6409(a) of the Spectrum Act (codified at 47 U.S.C.
§ 1455) to any court of competent jurisdiction.
Site plan application fees and escrows for wireless telecommunications installations shall be set forth in Article XXII of this chapter.
