Borough of Westville, NJ Article XIV Earth Terminals, Satellite Dishes and Telecommunications Facilities

§ 205-74 Telecommunications facilities. [1]

A. Location. Any applicant for the placement, erection and location of wireless cellular telecommunications towers and/or antennas and associated ground-based equipment (i.e., "telecommunications facility") must first consider the potential to colocate such facilities upon existing tall structures. The applicant must also contact the Mayor and Borough Council to determine if land and/or existing facilities owned by the Borough of Westville or other public entities are available to accommodate the proposed telecommunications facility (such as on an existing tower or other public land). Telecommunications facilities must be located on existing telecommunications towers or at Borough-owned land/facilities (i.e., "Borough-owned property"). If a facility on Borough-owned property is infeasible, the proposed telecommunications facility shall be colocated at an already existing telecommunications facility in Westville Borough, unless no such preexisting telecommunications facility is available or suited to the proposed coverage area and/or the physical needs of the proposed facility. Alternatively an applicant must apply for a "D" variance and must show, as part of the "positive" and "negative" criteria, that the proposed facility would not be viable on any such Borough-owned property due to the inability of the Borough-owned property to accommodate the proposed telecommunications facility's needs, or provide adequate telecommunications coverage consistent with the carrier's FCC-approved license and/or franchise. In all such instances at set forth herein, it is the burden of the applicant to prove to the Borough Council that its proposed facility cannot be placed on or within Borough-owned property, or to the Land Use Board that the proposed facility cannot be colocated at an already preexisting telecommunications facility within the Borough. If it is determined that the proposed telecommunications facility can be located on Borough-owned property, then the applicant shall negotiate a lease with the Borough of Westville prior to applying to the Borough's Land Use Board for such further relief and approvals as are necessary.

B. Use. Any telecommunications facility proposed to be located on Borough-owned property, regardless of the zone district in which said Borough-owned property is located, or to be colocated at an existing telecommunications facility, regardless of the zone district in which said existing telecommunications facility is located, shall be deemed to be a "conditional use", as that term is defined in N.J.S.A. 40:55D-3, and shall be subject to all applicable bulk and area standards as set forth in the specific zone district in which the proposed facility is to be located, unless a variance from said standards is sought and granted. In addition to the foregoing, any applicant for a telecommunications facility on either Borough-owned property, or at an existing telecommunications facility, shall be required to submit a minor site plan application to the Land Use Board. Except as set forth herein as to Borough-owned property, or property on which is an existing telecommunications facility, no such facility shall be considered as a permitted use anywhere else in the Borough of Westville.

C. Compliance requirements. In addition to the foregoing, an applicant for the siting and location of a telecommunications facility within the Borough of Westville shall comply with the following:

(1) All applicable design, construction, architectural and other standards as set forth in the Borough's development, zoning and/or other applicable sections of the Borough Code.

(2) A showing as to how the proposed facility specifically relates to the suitability of the proposed site.

(3) A showing as to how the proposed facility relates to the unique and specific needs of the applicant, including but not limited to the FCC licensing granted to the applicant, the proposed coverage area, and why no other site within or without Westville Borough would be suitable for the needs of the applicant.

(4) Whether the proposed facility will accommodate the colocation of additional, future cellular communications antennas and associated ground-based equipment at the proposed site by other telecommunications carriers. New towers or monopoles must be designed to accommodate colocations at market rates.

(5) Written evidence of a lease entered into by and between the applicant and the owner of the land on which the proposed telecommunications facility is to be located.

(6) Evidence submitted to the reasonable satisfaction of the Borough's Land Use Board, that no alternative technology can be used to meet the needs of the applicant where such technology does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireless system. The cost of using such alternative technology shall not be presumed to render the technology unsuitable.

(7) Evidence submitted to the reasonable satisfaction of the Borough's Land Use Board that the proposed telecommunications facility, or any component thereof, will not cause electromagnetic interference with any other private telecommunications facilities/equipment located within the Borough, or any public radio or other telecommunications equipment used for a government purpose, including but not limited to equipment and/or communications bands used by "first responders" or other government entities, be they local, county or state.

(8) Documentation and/or testimony from an independent expert(s) that all equipment will comply with the then-current Federal Communications Commission (FCC) and New Jersey Department of Environmental Protection (NJDEP) rules, regulations and guidelines, including that the radio frequency (RF) emissions from the proposed facility shall be within FCC and NJDEP guidelines. In the event that such FCC and/or NJDEP guidelines, rules and/or regulations are amended, the telecommunications operator shall provide notice to the Borough Clerk of the same, and the fact that the telecommunications provider is either in compliance with the new standards and/or guidelines, or is not in compliance with the new standards and/or guidelines. The Borough's Land Use Board reserves the right to hire such radio frequency and/or other experts with specialized areas of expertise in the field of telecommunications facilities, if deemed necessary, to evaluate the applicant's application before the Land Use Board. In any such event, the reasonable costs of such additional experts shall be borne by the applicant.

(9) Nothing contained herein shall be deemed to be a waiver of such other bulk zone standards, conditions and other requirements, as set forth in the Borough's zone code and development code, relief from which can only be granted by way of a formal waiver and/or variance, as the case may be, as applied for by the applicant and granted by the Borough's Land Use Board. Any new cellular telecommunications tower to be constructed shall have a maximum height of 140 feet.

(10) In addition, the following conditions and requirements shall apply to any approvals granted:

(a) All required electronic equipment for any approved antenna(s) to be located on the subject site, specifically ground-based equipment, shall utilize the minimal space necessary, as proven to the reasonable satisfaction of the Land Use Board, and shall incorporate such safety features, landscaping, signage, and other conditions as may be reasonably required by the Borough's Land Use Board to protect the health, safety and welfare of the community, the applicable zone in which the facility is to be located, and the character of the surrounding neighborhood. A landscape plan/design including evergreen plantings and fencing shall be submitted to the Land Use Board for review and approval as to the area related to any proposed ground-based equipment.

(b) Any building, structure or facility in which is located associated ground-based equipment necessary to accommodate the proposed telecommunications facility shall be limited to the minimum size necessary, as proven to the reasonable satisfaction of the Land Use Board, and shall be designed and built in accordance with existing design and architectural standards in the Borough's development and zone codes, and shall adhere to such additional design standards as may be reasonably required by the Land Use Board, in keeping with the nature of the zone district in which the facility is to be located, as well as the character of the surrounding neighborhood.

(c) Any telecommunications facility and/or associated buildings, structures and equipment, not used for its intended and approved purpose for a period of six months or longer, shall be considered "no longer operative" and shall be removed by the responsible party within 60 days thereof. As set forth herein, a "responsible party" shall be the legal entity having ownership of, and/or care and control over, the telecommunications facility and/or accessory structures and buildings.

(d) The applicant shall provide expert testimony that all telecommunications antennas or associated equipment that is a part of the proposed telecommunications facility will meet or exceed all current standards and regulations of the FCC (and, if applicable, the FAA), and any other agency of either state or federal government with authority to regulate such facilities.

(e) If a proposed telecommunications facility involves a colocation of cellular communications antennas or other equipment on an existing communications tower, the applicant shall provide an expert report at the time of its application before the Land Use Board, signed and sealed by a structural engineer licensed in the State of New Jersey, that the existing tower can structurally support the proposed colocation.

(f) Should any telecommunications operator within the Borough of Westville be denied its license by either the FCC, or any other state or federal agency of government having competent jurisdiction therein, or be the subject of a revocation of its license, or be cited for the violation of any safety or other rules or regulations, or should the FCC or such other agency of government deem that the telecommunication provider has violated any law, rule, regulation or standard governing the operation of its facility, then said operator shall submit evidence of same to the Borough Clerk within 72 hours of any such occurrence.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 205-75 Satellite dish antennas.

[Added 2-13-2013 by Ord. No. 2-2013]

A. Satellite dish antennas are a permitted accessory use.

B. Satellite dish antennas are subject to the following requirements:

(1) One satellite dish is permitted per residential unit.

(2) Satellite dish antennas may not be located forward of the front building wall of the principal structure, even if attached to the principal structure.

(3) Ground-mounted satellite dish antennas must be set back a minimum of five feet from the side and rear property lines and may not be situated in any front yard.