[Added 12-21-1998 by Ord. No. 515]
The purpose of this article is to establish
general guidelines for the siting of wireless communications towers
and antennas. The goals of this article are to: (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)
strongly encourage the joint use of new and 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) consider the public health
and safety of communication towers; and (8) avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the Borough of Harrington Park shall give due consideration to the
communities adjacent to it, their zoning maps and master plans, 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 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 switching telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the average natural grade as defined elsewhere in the
Borough Code to the highest point on the tower or other structure,
including the base pad and any antenna.
[Added 4-18-2011 by Ord.
No. 658]
Any tower or antenna for which a building permit or conditional
use permit 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.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication 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 operator/receive-only antennas.
This article shall not govern the installation of any antenna owned
and operated by an amateur radio operator or which is used exclusively
for receive-only antennas and for private noncommercial purposes,
which shall be regulated elsewhere in the Code of the Borough.
D.
AM array. For purposes of implementing this article,
an AM array, consisting of one or more tower units and supporting
ground system which function as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
A.
Principal or conditional use. Antennas and towers
may be considered either principal or conditional uses. A different
existing use of any existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot. However, all
such preexisting uses must be approved authorized uses.
B.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with zone 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 Zoning Officer an inventory
of all existing towers, antennas, or sites approved for towers or
antennas that are either within the jurisdiction of the Borough or
within one mile of the border thereof, including specific information
about the ownership, location, height, and design of each tower. The
Zoning Officer may share such information with other applicants applying
for approvals under this article or other organizations seeking to
locate antennas within the jurisdiction of the Borough; provided,
however that the Zoning Officer is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
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 and 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 and 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 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 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 irrespective of municipal and county jurisdictional
boundaries.
I.
Nonessential 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. Franchise 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 have been obtained and shall file a copy of all required
franchises with the Zoning Officer.
K.
Public notice. For purposes of this article, any conditional
use request, variance request, or appeal of an administratively approved
use or conditional use shall require public notice to all abutting
property owners and all property owners of properties that are located
within the corresponding separation distance listed in other sections
of this article.
L.
Signs. No signs shall be allowed on an antenna or
tower, except for safety signs.
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 350-81.
N.
Multiple antenna/tower plan. The Borough encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
O.
Height.
No monopole or tower as provided by this article shall exceed a maximum
height of 125 feet.
[Added 3-19-2001 by Ord. No. 538]
A.
General. The uses listed in this section are deemed
to be permitted uses and shall not require administrative approval
or a conditional use permit.
B.
Permitted uses. The following uses are specifically permitted: antennas or towers located on property owned, leased, or otherwise controlled by the Borough, provided that a license or lease authorizing such antenna or tower has been approved by the Borough. Such use shall, however, require site plan approval. All other uses are prohibited, subject to § 350-79 below.
A.
General. The following provisions shall govern the
issuance of conditional approval for antennas:
(1)
The Planning Board may grant conditional use approvals
for antennas to be located within the Borough in all Industrial Districts
and Office and Research Districts south of Old Hook Road.
(2)
Each applicant for conditional use approval shall apply to the Planning Board providing the information set forth in § 350-80 of this article and a nonrefundable fee as established by ordinance.
(3)
The Planning Board shall review the application and
determine if the proposed conditional use complies with this article.
It may review any application for variances (other than those specifically
reserved to the Zoning Board of Adjustment) in conjunction therewith.
(4)
If the conditional use permit is denied, the applicant
may file an application for a variance with the Zoning Board of Adjustment.
B.
List of conditional uses. The following uses may be
approved by the Planning Board after conducting an administrative
review:
(1)
Locating antennas on existing structures or towers consistent with the terms of Subsections B(1)(a) and (b) below.
(a)
Antennas on existing structures. Any antenna
which is not attached to a tower may be approved by the Planning Board
as a conditional use to any commercial, industrial, professional or
institutional use in any such designated zones, provided that:
[1]
The antenna does not extend more than the maximum
building height for the zone wherein the structure is located, and
under the Borough's current height ordinance;
[2]
The antenna complies with all applicable FCC
and FAA regulations; and
[3]
The antenna complies with all applicable building
codes.
(b)
Antennas on existing towers. An antenna which
is attached to an existing tower may be approved by the Planning Board
and, to minimize adverse visual impacts associated with the proliferation
and clustering of towers, co-location of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided that such co-location is accomplished in a
manner consistent with the following:
[1]
A tower which is modified or reconstructed to
accommodate the co-location of an additional antenna shall be of the
same tower type as the existing tower.
[2]
A.
Information required. In addition to any information
required for applications for conditional use permits, applicants
for a site plan approval for a tower or antenna shall submit the following
information:
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection E, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and antenna, and any other structures, topography, parking, and other information deemed by the Planning Board to be necessary to assess compliance with this article.
(2)
Legal description of the parent tract and lease parcel
(if applicable).
(3)
The setback distance between the proposed tower and
antenna and the nearest residential unit, platted residentially zoned
properties, and unplatted residentially zoned proprieties.
(4)
The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to § 350-77C 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) and antenna, if known.
(5)
A landscape plan showing specific landscape material.
(6)
Method of fencing and finished color and, if applicable,
the method of camouflage and illumination.
(8)
Towers only: a notarized statement by the applicant
as to whether construction of a tower will accommodate co-location
of additional antennas for future users.
(9)
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.
(10)
A description of the suitability of the use
of existing, 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.
(11)
A description of the feasible location(s) of
future towers or antennas within the Borough based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(12)
A visual study depicting where, within a three-mile
radius, any portion of the proposed tower could be seen. If the application
concerns an antenna on an existing structure, sight measurements to
the point closest to the structure wherein a person standing at grade
could first observe the antenna shall be provided for all four building
elevations.
(13)
A statement of intent on whether excess space
will be leased and how much of the structure's basement or common
internal area has been made available for the storage of equipment
accessory to the antenna.
B.
Factors considered in granting site plan approval
for towers. In addition to any standards for consideration of site
plan applications pursuant to the zoning ordinances, the Planning
Board shall consider the following factors in determining whether
to issue a site plan approval, although the Planning Board may waive
or reduce the burden on the applicant of one or more of these criteria
if the Planning Board concludes the goals of this article are better
served thereby:
(1)
Height of the proposed tower and antenna;
(2)
Proximity of the tower/antenna to residential structures
and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower or antenna, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress; and
C.
Availability of suitable existing towers, other structures,
or alternative technology. No new tower or antenna shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the Planning Board or Zoning 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 Board related
to the availability of suitable existing towers, other structures
or 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 (although nothing
should be construed to infer that meeting one, some or all of the
following shall entitle the applicant to approval):
(1)
No existing towers or structures are located within
the geographic area which meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The 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.
(6)
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(7)
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 transmitter/receivers
attached to a wireless system, is unsuitable.
|
**NOTE: The requirements for each
applicant to prove and satisfy the above conditions shall be an express
element of its conditional use application and shall be required of
all applicants, regardless of whether a use variance is required under
N.J.S.A. 40:55D-70d.
|
D.
Setbacks. The following setback requirements shall
apply to all towers for which a conditional use permit 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:
(1)
Towers must be set back a distance equal to at least
75% of the height of the tower from any adjoining lot line.
(2)
Guys and accessory buildings must satisfy the minimum
zoning district setback requirements.
(3)
No tower shall exist within required buffer areas,
if adjacent to residential zones and as prescribed under local ordinance.
E.
Separation. The following separation requirements
shall apply to all towers and antennas for which a conditional use
permit 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:
(1)
Separation from off-site uses or designated areas.
(a)
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 the following table, except as otherwise provided.
(b)
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| |
|
Residential, schools or houses of worship1
|
200 feet or 300% of height of tower, whichever
is greater
| |
|
Vacant single-family residentially zoned land
which is either platted or has preliminary subdivision plan approval
which is not expired
|
200 feet or 300% of height of tower, whichever
is greater
| |
|
Vacant unplatted residentially zoned lands2
|
200 feet or 300% of height of tower, whichever
is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
| |
|
Notes:
| |
|---|---|
|
1 Including nursing
homes and other similar uses wherein people are housed or receive
care at least eight hours per day.
| |
|
2 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.
|
(2)
Separation distances between towers.
(a)
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.
|
Table 2
| |||||
|---|---|---|---|---|---|
|
Existing Towers — Types
| |||||
|
Lattice
|
Guyed
|
Monopole 50 feet in Height
|
Monopole Less than 30 Feet in Height
| ||
|
Lattice
|
5,000
|
5,000
|
1,500
|
1,000
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
1,000
| |
|
Monopole 50 feet in height
|
1,500
|
1,500
|
1,500
|
1,000
| |
|
Monopole less than 30 feet in height
|
1,000
|
1,000
|
1,000
|
1,000
| |
F.
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anti-climbing device.
G.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a conditional use permit
is required:
(1)
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 or planned residences.
The standard buffer shall consist of a landscaped strip at least four
feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced.
(3)
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.
A.
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in connection with antennas shall comply
with the following:
(1)
The cabinet or structure shall not contain more than
100 square feet of gross floor area or be more than 10 feet in height.
In addition, for buildings and structures which are less than 40 feet
in height, the related unmanned equipment structure 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 a building, the area of the equipment and structures shall not
occupy more than 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply
with all applicable building codes.
B.
Antennas mounted on utility pole, light pole or tower.
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
(1)
In a front or side yard, provided that the cabinet
or structure is no greater than six feet in height or 100 square feet
of gross floor area and the cabinet/structure is located a minimum
of 75 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 42 inches
to 48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided that the cabinet or structure
is no greater than eight feet in height or 120 square feet in gross
floor area. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of eight feet and a planted height of
at least 48 inches.
(3)
In all other instances, structures or cabinets shall
be screened from view of all residential properties which abut or
are directly across the street from the structure or cabinet by a
solid fence six feet in height or an evergreen hedge with an ultimate
height of eight feet and a planted height of at least 72 inches.
(4)
Emergency generators shall be located below grade
and suitably soundproofed so that noise volumes measured at all property
lines do not exceed ambient levels. A nighttime restriction of 50
decibels measured at all lot lines shall be imposed.
C.
Equipment storage in a structure's basement. Where
an applicant proposes to store equipment, structures or cabinets required
to operate an antenna within the confines of the structure wherein
the antenna is to be located, the applicant need only make application
for a building permit for this use, which shall be granted so long
as in conformance with all construction codes. The applicant must
indicate, to the Board, why this option is not available from a construction
standpoint.
[Amended 4-18-2011 by Ord. No. 658]
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 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. The Borough may condition the issuance of any permit to construct, demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough ordinances, including but not limited to Chapter 248, Property Maintenance.
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 350-80E. 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 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 § 350-82.
