The purpose of this article is to establish general guidelines
for the siting of wireless communications towers and antennas. In
furtherance of the goals listed below, the Township of Irvington shall
give due consideration to the adopted Township Master Plan, Zoning
Map,[1] and existing land uses, in considering sites for the location
of towers and antennas. The goals of this article are to:
A.
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
B.
Encourage the location of towers in nonresidential areas;
C.
Minimize the total number of towers throughout the community;
D.
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
E.
Encourage users of towers and antenna 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 communication towers; and
I.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
All new telecommunications towers or antennas in the Township
of Irvington shall be subject to these regulations, with the exception
of the following:
A.
Amateur radio station operators/receive-only antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
B.
Residential satellite dish antennas. This section shall not govern
any satellite dish antennas used for residential purposes.
C.
AM array. For the purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions 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.
Antennas and towers may be considered either principal or accessory
uses. The presence of an existing use or structure on a lot shall
not preclude the installation of a telecommunications tower or antenna
on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be the principal
use.
B.
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.
Each applicant for a telecommunications tower or antenna shall provide
the Township with an inventory of its existing telecommunications
towers, antennas, or sites approved for telecommunications towers
or antennas, that are either within the jurisdiction of the Township
of Irvington or within three miles of the borders thereof, including
specific information about the location, height, and design of each
tower. The Township may share such information with other applicants
applying for administrative approvals or permits under this section
or other organizations seeking to locate antennas within the jurisdiction
of the Township of Irvington, provided, however that the Township
is not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
D.
Telecommunications towers and antennas shall meet the following requirements:
(1)
Telecommunications 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 telecommunications
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.
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.
All towers must meet or exceed current standards and regulations
of the FAA, the FCC, and any other agencies of the state or federal
government with the authority to regulate telecommunications towers
and antennas.
G.
To ensure the structural integrity of telecommunications towers,
the owner of a tower shall ensure that it is maintained in compliance
with standards contained in applicable state or local building codes[1] and the applicable standards for telecommunications towers
that are published by the Electronic Industries Association.
H.
Towers and antennas shall be regulated and permitted pursuant to
this section and shall not be regulated or permitted as essential
services, public utilities, or private utilities.
I.
Owners and/or operators of telecommunications towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communication system in the Township
of Irvington have been obtained and shall file a copy of all required
franchises with the Township of Irvington.
J.
No signs shall be allowed on an antenna or tower.
K.
To minimize adverse visual impacts associated with the proliferation
and clustering of towers, collocation of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers.
A.
Telecommunications towers or antennas shall be permitted on property
owned, leased, or otherwise controlled by the Township of Irvington,
provided a license or lease authorizing such antenna or tower has
been approved by the Township of Irvington. The Township may, as a
condition of such lease, require site plan approval.
B.
Telecommunications towers and antennas permitted with a conditional use permit shall be as follows, except as restricted pursuant to Subsection C below:
C.
Telecommunications towers and antennas shall be prohibited as follows:
(1)
No antennas shall be permitted on any existing structure containing
one or more residential dwelling units, and no towers shall be permitted
on a lot containing one or more residential dwelling units.
(2)
No towers shall be permitted on the site of any existing park, schoolyard,
or cemetery. No antennas shall be permitted on the site of any such
uses, unless the antenna is mounted to an existing nonresidential
structure and fully screened from view.
(3)
No new towers shall be permitted in the CBD, B-1, or any residential
zoning district.
A.
All antennas permitted on existing nonresidential structures shall
be required to comply with the following standards:
(1)
The existing structure shall not contain residential uses and shall
not be located in a residential zoning district.
(2)
The antenna does not extend beyond the maximum building height for
the zoning district in which the antenna is located.
(3)
The antenna is screened from view or camouflaged to the greatest
extent possible.
(4)
The equipment cabinet or structure used in association with antennas
shall comply with the following:
(a)
The cabinet or structure shall not contain more than 100 square
feet of gross floor area or be more than 10 feet in height.
(b)
For buildings 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.
(c)
If the equipment structure is located on the roof, the area
of the equipment structure and other equipment and structures shall
not occupy more than 5% of the roof area.
(d)
The cabinet or structure shall not be located in a front yard.
The cabinet or structure shall comply with all setback requirements
for the zoning district in which the site is located.
(e)
The cabinet or structure shall be surrounded by evergreen trees,
shrubs, or hedges with a height of no less than eight feet.
B.
All antennas permitted on existing telecommunication towers shall
be required to comply with the following standards:
(1)
A tower that is modified or reconstructed to accommodate the collocation
of an additional antenna shall be of the same tower type as the existing
tower.
(2)
An existing tower may be modified or rebuilt to a taller height,
provided the new tower meets all the requirements that would normally
be required for the construction of a new tower pursuant to this article.
C.
All new permitted telecommunication towers shall be required to comply
with the following standards:
(1)
No new tower shall be permitted unless the applicant demonstrates
to the satisfaction of the Planning 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.
(a)
The Planning Board shall consider the following factors in determining
whether to issue a conditional use permit:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures and residential
district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress;
[8]
Availability of suitable existing towers, other structures,
or alternative technologies not requiring the use of towers or structures;
and
[9]
Availability of proposed tower to other potential users.
(b)
An applicant shall submit information requested by the Planning
Board as to the availability of suitable existing towers, other structures
or alternative technology.
(c)
In order to demonstrate that no existing tower, structure or
alternative technology that does not require the use of towers or
structures can accommodate the proposed antenna, the applicant shall
submit evidence to that effect. Such evidence definitely proves one
or more of the following points:
[1]
No existing telecommunications towers or structures are located
within the geographic area which meets the applicant's engineering
requirements.
[2]
Existing telecommunications towers or structures are not of
sufficient height to meet the applicant's engineering requirements.
[3]
Existing telecommunications 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 existing or approved 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 applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
[6]
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures is unsuitable. Costs
of alternative technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
(2)
The tower base and any accessory structures and buildings attached
thereto must satisfy the minimum zoning district setback requirements.
In addition, the following setback requirements shall apply:
(a)
Telecommunication towers must be set back a distance equal to
at least 50% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings.
(b)
Telecommunication towers shall be set back from a residential
use, residential zoning district boundary, school, place of worship,
child-care center, hospital, or philanthropic or eleemosynary use
a minimum of 200 feet.
(3)
No proposed telecommunication tower shall be located within 1/2 mile
of any preexisting tower.
(4)
Telecommunication towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anticlimbing device.
(5)
Sites with telecommunication towers shall provide a buffer along
those property lines that adjoin residential uses or residential zoning
district boundaries. The buffer shall screen the tower from view to
the maximum extent possible from the vantage point of those adjoining
properties or zones. The buffer shall consist of a strip of land at
least five feet wide planted with evergreen trees, shrubs, or hedges
at least six feet in height.
(6)
The height of a telecommunication tower shall not exceed 120 feet
in height.
(7)
The equipment cabinet or structure used in association with antennas
shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height.
(b)
The cabinet or structure shall not be located in a required
front yard. The cabinet or structure shall comply with all setback
requirement for the zoning district in which the site is located.
(c)
The cabinet or structure shall be surrounded by evergreen trees,
shrubs, or hedges with a height of no less than eight feet.
In addition to any information that would normally be required
in conjunction with a conditional use permit application, applicants
for a conditional use permit for a telecommunication tower or antenna
shall submit the following information:
A.
A scaled site plan clearly indicating the location, type and height
of the proposed tower, 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 200
feet of the site, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawings of the proposed tower and
any other structures, topography, parking, and other information deemed
by the Planning Board to be necessary to assess compliance with this
section.
B.
Legal description of the entire tract and leased parcel (if applicable).
C.
The setback distance between the proposed tower and the nearest residential
unit, platted residentially zoned properties, and unplatted residentially
zoned properties.
D.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Article XV, Wireless Telecommunication Towers and Antennas, 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), 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.
G.
A description of compliance with all relevant provisions of this
article.
H.
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
I.
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 Township.
J.
A description of the suitability of the use of existing towers, 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.
K.
A description of the feasible location(s) of future towers or antennas
within the Township of Irvington based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
L.
A visual study depicting where, within a three-mile radius, any portion
of the proposed tower could be seen.
M.
A statement of intent on whether excess space will be leased.
N.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a
licensed professional engineer.
A.
Any telecommunication tower or antenna that is not operated for a
continuous period of 12 months shall be considered abandoned, and
the owner of such telecommunication tower or antenna shall remove
the same within 90 days of receipt of notice from the Township of
Irvington 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 Township
may condition the issuance of any permit to 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
of such removal.
B.
Nonconforming telecommunication towers or antennas that are damaged or destroyed may not be rebuilt without first having to obtain a conditional use permit pursuant to Article XV, Wireless Telecommunication Towers and Antennas. The type and location of the new tower shall be the same as the preexisting tower, and the height shall be no taller than the original tower. Building permits to rebuild the facility 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 this section.
