[Added 9-23-2010]
The Borough of Allendale makes the following specific findings
with regard to wireless communications:
A.
The FCC requires holders of wireless communications licenses to build
out their systems and provide reliable wireless communication services
throughout their service areas. These FCC requirements impose a burden
on the service providers to install wireless communication facilities
in specified locations in order to close significant gaps in service
and/or provide additional network capacity. This FCC mandate to build
out the communication system does not preclude municipalities from
utilizing local zoning authority to reasonably regulate construction
of wireless facilities.
B.
The Telecommunications Act of 1996 preserves local zoning authority
to reasonably regulate wireless communication facilities. However,
municipalities may not prohibit or adopt regulations that have the
effect of prohibiting wireless service. Further, municipalities may
not unreasonably discriminate between and among wireless service providers.
Lastly, since the FCC has exclusive jurisdiction over the regulation
of radio frequency emissions, municipalities may not regulate or prohibit
the installation of wireless communications facilities due to the
perceived health or environmental effects of radio frequency emissions.
A.
The purpose of this article is to establish general guidelines for
the siting of wireless communications monopoles and antennas. The
goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse
impacts of monopoles and antennas;
(2)
Require the location of towers in nonresidential zones;
(3)
Minimize the total number of towers throughout the community;
(4)
Require 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)
Enable the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(8)
Consider the public health and safety of communication towers,
as appropriate; and
(9)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Allendale shall give
due consideration to the Borough of Allendale's master plan, zoning
map, existing land uses, and environmentally sensitive areas in approving
sites for the location of monopoles and antennas.
As used in this article, the following terms shall have the
meanings indicated:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or monopoles.
Any exterior transmitting or receiving device mounted on
a monopole, 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 monopole/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a monopole or other structure, the distance
measured from the lowest finished grade of the parcel to the highest
point on the monopole or other structure, including the base pad and
any antennae.
A structure that is designed and constructed for the purpose
of supporting one or more antennas for telephone, television, radio
and similar communication purposes. The term includes the structure
and any support thereto. The term "monopole" does not include self-supporting
lattice or guyed towers.
Any monopole 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 monopoles 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 communications purpose, including self-supporting
lattice towers, guy towers or monopole towers. The term includes radio
and television transmission towers, microwave towers, common carrier
towers, cellular towers, alternative tower structures and other similar
towers. The term includes the structure and any supports thereunto:
freestanding structures on which one or more antennas are located;
including lattice towers, guyed towers, monopoles and similar structures.
Any personal wireless service as defined in the Federal Telecommunications
Act of 1996 (FTA), which includes FCC-licensed commercial wireless
telecommunications services, including cellular, personal communications
services (PCS), specialized mobile radio (SMR), enhanced specialized
mobile radio (ESMR), paging, and similar services that currently exist
or that may in the future be developed. It does not include any amateur
radio facility that is owned and operated by a federally licensed
amateur radio station operation or is used exclusively for receive-only
antennas, nor does it include noncellular telephone services.
The required facilities for the provision of wireless communications
services, including but not limited to antennas, antenna support structures,
telecommunications towers and other related necessary support equipment
and structures.
B.
Amateur radio station operators/receive-only antennas. This article
shall not govern any monopole or the installation of any antenna that
is under 50 feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive-only
antennas. Application for monopoles under this section shall be received
and approved by the Planning Board.
C.
Preexisting monopoles or antennas. Preexisting monopoles and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 270-48.5F and G, absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.
D.
AM array. For purposes of implementing this article, an AM array,
consisting of one or more monopole units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one monopole. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the monopoles included in
the AM array. Additional monopole units may be added within the perimeter
of the AM array, subject to the review of the Planning Board to ensure
that the additional units do not violate any provisions in the Borough
of Allendale's Zoning Code.
A.
Principal or accessory use. Antennas and monopoles may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or monopole on such lot.
B.
Lot size. For purposes of determining whether the installation of
a monopole 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 monopoles may be located on leased
parcels within such lot.
C.
Inventory of existing sites. Each application for an antenna and/or
monopole shall provide to the Borough Engineer an inventory of its
existing monopoles, antennas or sites approved for the monopole or
antennas, as well as all sites where an application is pending, that
are either within the jurisdiction of the Borough of Allendale or
within five miles of the border thereof, including specific information
about the location, height and design of each monopole. The Borough
Engineer may share such information with other applicants applying
for administrative approvals or permits under this article or other
organizations seeking to locate antennas within the jurisdiction of
the Borough of Allendale; provided, however, that the Borough Engineer
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
D.
Monopoles.
(1)
Information required. In addition to any information required
for applications for conditional use permits pursuant to Chapter 33[1] of the Borough Code, applicants for a conditional use
permit for a monopole shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed monopole, 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 § 270-48.6A(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed monopole and any other structures, topography, parking and other information deemed by the Borough Engineer to be necessary to assess compliance with this article.
(b)
Legal description of the entire tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed monopole and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(d)
The separation distance from other monopoles described in the inventory of existing sites submitted pursuant to § 270-48.5C shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing monopole(s) and the owner/operator of the existing monopole(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction
of the monopole will accommodate colocation of additional antennas
for future users.
(i)
Identification of the entities providing the backhaul network
for the monopole(s) described in the application and other cellular
sites owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing monopoles,
other structures or alternative technology not requiring the use of
monopoles or structures to provide the services to be provided through
the use of the proposed new monopole.
(k)
A description of the feasible location(s) of future monopoles
or antennas within a two-mile radius surrounding the Borough of Allendale
based upon existing physical, engineering, technological or geographical
limitations in the event the proposed monopole is erected.
(l)
Every applicant seeking approval for, or to amend, an existing
wireless communications facility shall submit a visual impact analysis.
This analysis shall include both photos of existing conditions and
computer generated photosimulations demonstrating how the telecommunications
tower will look after construction/reconstruction of the site. The
visual impact analysis shall be prepared from adjacent residential,
parks and recreation, civic and/or business areas at distances of
400 feet, 800 feet, 1,500 feet and 2,600 feet in all directions from
the location of the proposed or modified wireless communication facility.
(m)
A statement of intent on whether excess space will be leased.
E.
Aesthetics. Monopoles and antennas shall meet the following requirements:
(1)
Monopoles shall maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce the visual obtrusiveness. Such monopole may include
a design commonly referred to as a "monopole tree" to provide camouflaging.
(2)
At a monopole 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 monopole,
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.
F.
Lighting. Monopoles 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 amount
of disturbances to the surrounding views.
G.
State or federal requirements. All monopoles 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
monopoles and antennas. If such standards and regulations are changed,
then the owners of the monopoles and antennas governed by this article
shall bring such monopoles and antennas into compliance with such
revised standards and regulations within 120 days 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 monopoles and antennas into compliance with such revised
standards and regulations shall constitute grounds for the removal
of the monopole or antenna at the owner's expense.
H.
Building codes; safety standards. To ensure the structural integrity
of monopoles, the owner of a monopole shall ensure that it is maintained
in compliance with standards contained in applicable state, local
and appropriate industry building codes. If, upon inspection, the
Borough of Allendale concludes that a monopole 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 monopole, the
owner shall have 30 days to bring such monopole into compliance with
such standards. Failure to bring such monopole into compliance within
said 30 days shall constitute grounds for the removal of the monopole
or antenna at the owner's expense.
I.
Measurement. For purposes of measurement, monopole setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough of Allendale irrespective of municipal and county jurisdictional
boundaries.
J.
Not essential services. Monopoles 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,
unless mandated by federal and state law.
K.
Franchises. Owners and/or operators of monopoles 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 Allendale
have been obtained and shall file a copy of all required franchises
with the Borough Engineer.
L.
Public notice and hearing. 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 § 270-48.6A(2), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. A public hearing must be held before the Allendale Planning Board for all conditional use requests under this article.
M.
Signs. No signs or advertisements shall be allowed on an antenna
or monopole.
N.
Buildings and support equipment. Buildings and support equipment associated with antennas or monopoles shall comply with the requirements of § 270-48.7.
O.
Multiple antenna/monopole plan. The Borough of Allendale encourages
the users of monopoles and antennas to submit a single application
for approval of multiple monopoles and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
P.
Height. The maximum height of new monopoles shall not exceed 150
feet in height.
R.
In granting a conditional use permit, the Planning Board may impose
conditions to the extent the Planning Board concludes such conditions
are necessary to minimize any adverse effect of the proposed monopole
on adjoining properties.
S.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer.
T.
An applicant for a conditional use permit shall submit the information
described in this section and a nonrefundable application fee and
an escrow deposit as required by the Borough Code for conditional
use applications.
U.
Existing wireless communications facilities. It is the express intent of this article to minimize the number of telecommunications towers in the Borough of Allendale. One of the strategies employed to implement this intent is to encourage and require the joint use of existing and new tower sites as a primary option rather than construction of additional single-use towers. In furtherance of this strategy and notwithstanding any ordinance prohibitions to the contrary, an existing telecommunications tower can be modified, extended, or be reconstructed to accommodate antennas of additional wireless service providers upon review and approval of the Planning Board but only if the applicant complies with each and every requirement contained in § 270-48.5 of this article.
A.
General. The following provisions shall govern the issuance of conditional
use permits for wireless communications facilities by the Planning
Board.
(1)
Wireless communication facilities are a permitted conditional
use in the D Industrial Zone District and the E Industrial Zone District.
A wireless communication facility application shall comply with each
of the following conditions to be considered a permitted conditional
use and thereby vest jurisdiction with the Planning Board. If an applicant
fails to comply with one or more of the following four conditions,
the use is not permitted and an application to the Zoning Board of
Adjustment pursuant to the Municipal Land Use Law of 1975, N.J.S.A.
40:55D-70d(3) is required.
(a)
Maximum height of the telecommunications tower shall not exceed
150 feet.
(b)
Telecommunications towers shall maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce the visual obtrusiveness. Such telecommunications
tower may include a design commonly referred to as a "monopole" tree,
or be of a flagpole design to provide camouflaging.
(c)
Lighting of telecommunications towers is not permitted, unless
required by the FAA or other federal agency with jurisdiction over
lighting. In such cases, the minimum required lighting of a wireless
communications tower shall be the maximum allowed lighting under this
article.
(d)
No signs or other forms of advertising shall be permitted in
conjunction with a wireless communications facility except that this
prohibition shall not extend to required hazard and safety signs.
(2)
Factors to be considered by the reviewing board in considering
applications for wireless communications facilities. In their review
of wireless communications facilities, the Planning Board or Zoning
Board of Adjustment shall consider the following factors in their
deliberations; said factors shall not be considered as conditions
of nor attached to the conditional use:
(a)
Proximity of the monopole to residential structures and residential
district boundaries;
(b)
Nature of uses on adjacent and nearby properties;
(c)
Surrounding topography;
(d)
Surrounding tree coverage and foliage;
(e)
Design of the monopole, with particular reference to design
characteristics that have the effect of reducing or eliminating visual
obtrusiveness;
(f)
Proposed ingress and egress; and
(g)
Availability of suitable existing monopoles, other structures or alternative technologies not requiring the use of monopoles or structures, as discussed in § 270-48.6A(3) of this article.
(h)
Availability of proposed monopole to other potential users.
(3)
Availability of suitable existing monopoles, other structures
or alternative technology. No new monopole shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Planning
Board that no existing monopole, structure or alternative technology
that does not require the use of monopoles or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Planning Board related to the availability of suitable
existing monopoles, other structures or alternative technology. Evidence
submitted to demonstrate that no existing monopole, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of the following:
(a)
No existing monopoles or structures are located within the geographic
area which meet applicant's engineering requirements.
(b)
Existing monopoles or structures are not of sufficient height
to meet applicant's engineering requirements.
(c)
Existing monopoles or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing monopoles or structures,
or the antenna on the existing monopoles or structures would cause
interference with the applicant's proposed antenna.
(e)
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.
(f)
The applicant demonstrates that there are other limiting factors
that render existing monopoles and structures unsuitable.
(4)
Setbacks. The following setback requirements shall apply to
all wireless communications facilities for which a development application
has been filed with the Planning Board or Board of Adjustment:
(a)
Monopoles must be set back a distances equal to at least 100%
of the height of the monopole from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum zoning district
setback requirements.
(c)
No monopole shall exist within required buffer areas, if adjacent
to residential zones and as prescribed under local ordinance.
(5)
Separation. The following separation requirements shall apply
to all wireless communications facilities for which a development
application has been filed with the Planning Board or Board of Adjustment:
(a)
Separation from off-site uses/designated areas.
[1]
Monopole separation shall be measured from the
array line to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[2]
Separation requirements for monopoles shall comply
with the minimum standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-site Use/Designated Area
|
Separation Distance
|
|
Residential, public parks, schools or house of worship
|
200 feet or 300% height of monopole, whichever is greater, from
lot line
|
|
Vacant residentially zoned land
|
200 feet or 300% height of monopole, whichever is greater, from
lot line
|
|
Nonresidentially zoned lands or nonresidential uses
|
None; only zoning code setbacks apply
|
(b)
Separation distances between monopoles. Separation distances
between monopoles shall be applicable for and measured between the
proposed monopole and preexisting monopoles. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing monopole and the proposed base, pursuant
to a site plan of the proposed/monopole. The separation distances
(listed in the linear feet) shall be as shown in Table 2.
|
Table 2
| |||
|---|---|---|---|
|
Existing Monopoles – Types
| |||
|
Lattice
|
Guyed
|
Monopole,
75 Feet In Height
|
Monopole,
Less Than 75 Feet in Height
|
|
Lattice 5,000
|
5,000
|
1,500
|
750
|
|
Guyed 5,000
|
5,000
|
1,500
|
750
|
|
Monopole, 75 feet in height 1,500
|
1,500
|
1,500
|
750
|
|
Monopole, less than 75 feet 750
|
750
|
750
|
750
|
(6)
Security fencing. Monopoles shall be enclosed by security fencing
not less than six feet in height nor more than eight feet in height
and shall also be equipped with an appropriate anti-climbing device.
(7)
Landscaping. The following requirements shall govern the landscaping
surrounding wireless communications facilities for which a development
application has been filed with the Planning Board or Board of Adjustment:
(a)
Monopole facilities shall be landscaped with a buffer of plant
materials that effectively screen the view of the monopole 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.
(b)
In locations where the visual impact of the monopole would be
minimal, the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as monopoles 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 association 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 structure and other 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 poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
(1)
In front or side yard, provided 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 42-48 inches and a planted
height of at least 36 inches.
(2)
In a rear yard, provided 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.
C.
Antennas located on monopoles. The related unmanned equipment structure
shall not contain more than 200 square feet of gross floor area or
be more than 10 feet in height, and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
Any antenna or monopole that is not operated for a continuous
period of nine months shall be considered abandoned and the owner
of such antenna or monopole shall remove the same within 90 days of
receipt of notice from the Borough of Allendale notifying the owner
of such abandonment. Failure to remove an abandoned antenna or monopole
within 90 days shall be grounds to remove the monopole or antenna
at the owner's expense. If there are two or more users of a single
monopole, then this provision shall not become effective until all
users cease using the monopole. The Borough may condition the issuance
of any permit to demolish or remove a monopole 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.
A.
Rebuilding damaged or destroyed nonconforming monopoles or antennas.
(1)
Nonconforming monopoles or antennas that are damaged may not be rebuilt without having to first obtain administrative approval. They shall also meet the separation requirements specified in § 270-48.6A(4) and (5).
(2)
Nonconforming monopoles or antennas that are destroyed (more than 51%) may not be rebuilt without having to first obtain a conditional use permit. They shall also meet the separation requirements specified in § 270-48.6A(4) and (5).
(3)
The type, height and location of the monopole on site shall be of the same type and intensity as the original facility approval. Building permits to rebuilt 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 monopole or antenna shall be deemed abandoned as specified in § 270-48.8.
The various parts, sections and clauses of this article are
hereby declared to be severable. If any part, sentence, paragraph,
section or clause is adjudged unconstitutional or invalid by a court
of competent jurisdiction, the remainder of the article shall not
be affected thereby.
Any ordinances or parts thereof in conflict with the provisions
of this article are hereby repealed to the extent of such conflict.
This article shall take effect upon final passage and publication
pursuant to law.
