Borough of Palmyra, NJ Article XI Satellite Dish Antennas and Telecommunication Towers and Antennas [1]

[1] Editor's Note: The title of this article was amended to include the phrase "and Telecommunication Towers and Antennas" 8-10-2009 by Ord. No. 2009-12.

§ 158-88 Regulation of satellite dish-type antennas.

A. Satellite dish antennas are hereby permitted only as an accessory use to an otherwise permitted use in the Borough subject to the requirements of all state and local requirements, building codes and the following:

(1) Maximum number per lot: one.

(2) Minimum setback from all property lines of lots shall be the same as for other accessory buildings and structures in accordance with other sections of the Borough Zoning Code.

(3) Multifamily or multi-tenant properties or complexes: one per multifamily or multi-tenant residential or nonresidential property or complex.

B. Antenna use shall not interfere with any Police or Fire Department transmission or reception of any other Borough resident.

§ 158-89 Satellite dish antenna; permit required.

No satellite dish antenna shall be constructed, erected or installed except in conformance with all provisions of this chapter and only after a permit is obtained from the Borough Zoning Officer. The application of said permit shall be on such form as prepared by the Zoning Officer and shall include the following:

A. The owner and address of the property where the satellite dish is to be constructed.

B. The name and address of the company or person installing the dish.

C. A sketch or plan of the satellite dish antenna showing its dimensions and mounting details.

D. A plot plan or survey of the property showing the proposed location.

§ 158-90 Telecommunication towers and antennas.

[Added 8-10-2009 by Ord. No. 2009-12]

A. Subject to the conditions set forth in this section, and to plan approval, new telecommunications towers and antennas shall be permitted as conditional uses in all nonresidential zoning districts within the Borough of Palmyra.

B. Preexisting towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this section (nonconforming wireless telecommunications towers) are subject to the following provisions:

(1) Nonconforming wireless telecommunications towers may continue in use for the purpose now used, but may not be expanded without complying with this section.

(2) Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location, and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. However, should the destruction or damage be determined by the Palmyra Land Use Board to be such an extent that is beyond the scope of the "partial destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration will require compliance with this section.

(3) The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade (but not expand such telecommunications tower or increase its height or reduce the setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located or facilities or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.

C. General requirements for towers and antennas.

(1) Locational priority. If needed in accordance with an overall Comprehensive Plan for the provision of full wireless telecommunications services within Palmyra Borough, wireless telecommunications towers, where permitted as a conditional use, shall be located in accordance with the following prioritized locations:

(a) Existing towers. The first priority location shall be co-location on existing telecommunications towers used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of an electronic communication; provided, however, that locations which meet this criteria shall be subject to the design and other components of this section, and co-location sites shall not become "antenna farms" or otherwise be deemed by the Land Use Board to be visually obtrusive;

(b) Publicly used structures. The second priority locations shall be on land structures owned, in order of their specific preference: 1) the Borough of Palmyra; 2) the County of Burlington; 3) the State of New Jersey; 4) any other state or local governmental agencies or bodies. These publicly used structures are preferred locations throughout the Borough because they appear in many zoning districts, are distributed throughout the Borough and, due to their infrastructure uses, are generally similar in appearance to, or readily adaptable for, telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on a commercial or residential structure.

(c) The third priority location shall be industrial and commercial structures (due to their proximity to residential zoning districts).

(d) The forth priority location shall be such as the applicant proves are essential to provide required service to the Borough of Palmyra area.

(e) Prior approval is needed by the Borough Council if the proposed tower is to be located in any redevelopment area.

(2) Co-location policy.

(a) Each applicant for a new telecommunications tower shall present documentary evidence regarding the need for wireless antennas within the Borough of Palmyra. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Borough.

(b) An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or co-location sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or co-location sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or co-location sites. The Borough reserves the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer shall be paid from escrow funds supplied by the applicant.

(c) Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the Borough of Palmyra and surrounding areas with coverage in the Borough, as well as any changes proposed within the following twelve-month period, including plans for new locations in the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Telecommunications Act of 1996, as amended, cannot be provided without the proposed tower.

(d) Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following:

[1] How the proposed location of the telecommunications tower relates to the object of providing full wireless communications services within the Borough of Palmyra area;

[2] How the proposed location of the proposed wireless telecommunications tower relates to the location of any existing antennas within and near the Borough of Palmyra area;

[3] How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Borough of Palmyra area by the applicant and by other providers of wireless communications services within the Borough of Palmyra area;

[4] How the proposed location of the proposed telecommunications tower relates to the objective of co-locating the antenna of many different providers of wireless communications services on the same wireless telecommunications tower; and

[5] How their plan specifically relates to, and is coordinated with, the needs of all other providers of wireless communications services within the Borough of Palmyra area.

(3) State or 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, the owners of the towers and antennas governed by this section 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, in which case the latter scheduling will control. 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.

(4) Safety standards/building codes. To ensure the structural integrity of towers, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time, and as may be published by the electronics industries association, or such other agency or association having expertise in the field. Owners of towers shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity; said inspection shall be conducted by a qualified, independent engineer licensed to practice in the state of New Jersey, and the results of such inspection shall be provided, by way of written report, to the Borough Council of Palmyra. Failure to undertake said inspection and/or provide the Borough with the aforementioned report shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(5) Tower setbacks. The following setback requirements shall apply to all telecommunications towers and antennas; provided, however, that the Land Use Board may reduce the standard setback requirements of this section if the goals of this section would be better served thereby; and, in the event that any of the following provisions conflict with one another, then the more strenuous and stringent standards shall apply.

(a) Towers shall meet the setbacks of the underlying zoning districts with the exception of the industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.

(b) Towers must be set back to the height of the tower from any off-site residential structure.

(c) For antennas attached to the roof or a supporting structure on a rooftop, a one-to-one setback ratio (example: ten-foot-high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

(6) Lot size. For purposes of determining whether the installation of a tower or antennas complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and such other requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located only on a portion of such lots.

(7) Abandonment and removal.

(a) Abandonment. Any telecommunications tower and equipment which is not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its cost. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower are not removed within 60 days of receipt of notice from the Borough notifying the owner of such abandonment, the Borough may remove such tower and/or antenna as set forth below.

[1] If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner must first apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna were a new tower or antenna.

(b) Removal. When an owner of a telecommunications tower and antenna, who has been notified to remove the same, fails to do so within 60 days of receipt of notice from the Borough notifying the owner and/or operator of such abandonment and the need to remove the same, then the Borough may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition, to cover the cost of tower removal and site restoration. The amount of the bond shall have taken into consideration any cost escalations that may be reasonably anticipated.

[1] Any delays by the Borough in taking action under this subsection shall not in any way waive the Borough's right to take action.

(8) Principal, accessory and joint uses. Accessory structures used in direct support of a telecommunications tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.

(9) Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type pole is necessary for the co-location of additional antennas on the tower.

D. Additional submission requirements.

(1) A report from a qualified expert containing the following:

(a) A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.

(b) Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in their current adopted standards and revisions.

(c) Indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distance between antennas.

(d) Description of the tower's capacity, including the number and type of antennas that it can accommodate.

(e) Statement detailing current FCC information concerning wireless telecommunications towers and radio frequency emission standards as well as information concerning the projected power density of the proposed facility and how it meets the FCC standards.

(2) A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation.

(3) Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site shall be submitted at the time of the application.

(4) Visual impact study. A visual impact study, graphically simulating through models, computer-enhanced graphics or similar techniques the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications tower where the wireless telecommunications tower will be most visible. Aerial photographs of the impact area shall also be submitted.

E. Design requirements. Telecommunications towers shall be of a monopole design unless the Board determines that an alternative design would better blend into surrounding environment.

(1) Aesthetics. At a tower site, the design of the tower and related facilities shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and built environment. The tower themselves shall be of a color appropriate to the tower's locational context so as to make it as unobtrusive as possible, unless otherwise required by the FAA.

(2) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.

(a) Landscaping shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the surrounding area.

(3) Lighting. No lighting is permitted except as follows:

(a) Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on a timing device and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b) No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(4) Signs and advertising. No advertising is permitted on a telecommunications tower or accompanying facilities. Only signs for warning or equipment information shall be permitted on any portion of a tower or equipment building.

(5) Fencing and other security devices. Telecommunications towers and equipment buildings in compounds shall be surrounded by a security fence, including an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facilities. Additional safety devices shall be permitted or required as needed, and as approved, by the Board as may be necessary.

(6) Noise. No equipment shall be operated so as to produce noise in excess of limits set by the Code of Palmyra, except in emergency situations requiring the use of a backup generator.

(7) Radio frequency emissions. The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission and telecommunications towers which meet the FCC standards shall not be conditioned or denied on the basis of the RFD impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and RF emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

F. Violations and penalties. Any person who attempts to erect or erects a telecommunications tower or antennas covered by this section without having first obtained the necessary approvals, variances or building permits, in the manner provided in this section, shall be deemed in violation of this section. Any responsible party or other persons convicted by a court of competent jurisdiction or violating any provision of this section shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days. Each and every day that such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense.