[Ord. No. 1136-13-04 §§ 1,2]
a.
The purpose of this article is to establish general guidelines for
the siting of wireless telecommunication towers and antennas. The
goals of this article are as follows:
1.
Protect residential areas and land uses from potential adverse impacts
of towers 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 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;
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 Little Ferry shall
give the consideration to the Borough of Little Ferry's Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas.
[Ord. No. 1136-13-04 § 3]
As used in this article, the following terms shall have the
meanings set forth below:
Shall mean man-made trees, clock towers, bell steeples, light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas and towers.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital sounds, analog
signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
Shall mean the lines that connect a provider's towers/cell
sites to one (1) or more cellular telephone switching offices and/or
long distance providers, or the public switched telephone network.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean when referring to a tower or other structure,
the distance measured from the lowest finished grade of the parcel
to the highest point on the tower or other structure, including the
base pad and any antenna.
Shall mean 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 been constructed so long as such approval is current and
not expired.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one (1) or more antennas for
telephone, television, radio and similar communications purposes,
including self-supporting lattice towers, guyed towers or monopole
towers. The terms include radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative power structure and the like. The term includes the structure
and any support thereof.
[Ord. No. 1136-13-04 § 4]
a.
New Towers and Antennas. All new towers and antennas in the Borough
of Little Ferry shall be subject to these regulations, except as provided
in paragraph b through d, inclusive.
b.
Amateur Radio Station Operations/Receive Only Antennas. This article
shall not govern any tower of the installation of any antenna that
is under fifty (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 towers under this section
shall be received and approved by the Planning Board.
c.
Preexisting Towers or Antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this article,
other than the requirements to Section 35-110.4f 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, the AM Array,
consisting of one (1) or more tower units and supporting ground system
that functions as one of the AM broadcasting antenna, shall be considered
one (1) 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 subject to the review of the Planning Board to ensure
that the additional units do not violate any provisions in the Borough
of Little Ferry's Zoning Code.
[Ord. No. 1136-13-04 § 5]
a.
Principal or Accessory Use. Antennas and towers 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 tower on such lot.
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. The minimum lot size for new towers is seventy-five
hundred (7,500) square feet.
c.
Inventory of Existing Site. Each applicant for an antenna and/or
tower shall provide the Borough Engineer an inventory of its existing
towers, antennas or sites approved for the towers or antennas, as
well as all sites where an application is pending, that are either
within the jurisdiction of the Borough of Little Ferry or within five
(5) miles of the border thereof, including specific information about
the location, height and design of each tower. 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 Little
Ferry provided, however, that the Borough Engineer is not, by sharing
such information, in any way representing or warranting that such
are available or suitable.
d.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Towers shall maintain a galvanized steel finish or, subject to any
applicable standards of the FAA, be painted a neutral color as to
reduce the visual obtrusiveness. Monopoles may include a design commonly
referred to as a "monopole tree" to provide camouflaging.
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
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 amount
of disturbances to the surrounding view.
f.
State or Federal Requirements. All towers must meet or exceed current
standards and relations 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 one hundred twenty (120) days of the effective
date of such standards and regulations unless a different compliance
scheduled 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; 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 local and
appropriate industry building codes. If, upon inspection, the Borough
of Little Ferry concludes that a tower or antenna 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
or antenna, the owner shall have thirty (30) days to bring such tower
or antenna into compliance with such standards. Failure to bring such
a tower or antenna into compliance within thirty (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 of Little Ferry, irrespective of municipal and county
jurisdictional boundaries.
i.
Not Essential 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 unless
mandated by Federal or State laws.
j.
Franchises. 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 of Little Ferry
have been obtained and shall file a copy of all required franchises
with the Borough Engineer.
k.
Public Notice and Hearing. For purposes of this article, any conditional
use request, variance request or appeal of an administrative approved
use or conditional use shall require a public hearing in accordance
with N.J.S.A. 40:55-D-1 et seq.
l.
Signs. No signs or advertisements shall be allowed on an antenna
or tower.
m.
Buildings and Support/Tower Plan. Buildings and support equipment
associated with antennas or towers shall comply with the requirements
of Section 25-1007.
n.
Multiple Antenna/Tower Plan. The Borough of Little Ferry encourages
the users of towers and antennas to submit a single application for
approval of multiple sites.
o.
Height. The maximum height of new towers shall be one hundred fifty
(150) feet in height.
[Ord. No. 1136-13-04 § 6; Ord. No. 1406-14-14; Ord.
No. 1411-19-14]
a.
Permitted Uses. The following are specifically permitted: antennas
or towers located on property owned, leased or otherwise controlled
by the Borough of Little Ferry provided that a license or lease authorizing
such antenna or tower has been approved by the Borough of Little Ferry.
The decision to extend such leases to an applicant shall be vested
solely with the Borough and shall not be governed by this article.
b.
Conditional Uses. The following are specifically permitted as conditional
uses: a tower or antenna, including the placement of additional buildings
or other supporting equipment used in connection with aid tower or
antenna, are permitted as conditional uses in the B-H Business Zone,
the I-L Industrial Zones and the P Public Facilities Zone.
[Ord. No. 1411-19-14]
c.
Prohibited Uses. Towers and antennas are prohibited in any and all
residential districts, B-N Neighborhood Business Zone, and the W-R
Waterfront Recreation Zone. No tower or antennas shall be permitted
on any recreational facilities, parks, passive parks or areas set
aside as green acre areas by the Borough of Little Ferry. No towers
or antennas shall be permitted on any property in which a public or
private school is located.
[Ord. No. 1136-13-04 § 7]
a.
General. The following provisions shall govern the issuance of conditional
use permits for towers or antennas by the Planning Board.
1.
Applications for conditional use permits under this section shall
be subject to the applicable procedures and requirements of the Borough
Code, except as modified in this section.
2.
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 tower
on adjoining properties.
3.
Any information of an engineering nature that the applicant submits,
whether civil, mechanical or electrical, shall be certified by a licensed
professional engineer.
4.
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 additional use
applications.
b.
Towers.
1.
Information Required. In addition to any information required for
applications for conditional use permits pursuant to the applicable
procedures and requirements of the Borough Code, applicants for a
conditional use permit for a tower 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 the applicable separation distances set forth in Section 35-1106b,5, 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 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 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 Section 35-1104c shall be shown on an updated site plan or map. The applicant shall also identify the type of construction 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.
(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 municipality.
(j)
A description of the suitability of the use of existing towers,
other structures to provide the services to be provided through the
use if the proposed new tower.
(k)
A description of the feasible locations of future towers or
antennas within a two (2) mile radius surrounding the Borough of Little
Ferry based upon existing physical, engineering, technological or
geographical limitations in the event the proposed tower is erected.
(l)
A visual study of intent on whether excess space will be leased.
2.
Factors considered in granting conditional use permits for towers.
In addition to any standards for consideration of conditional use
permit applications pursuant to the Borough Code, the Planning Board
shall consider the following factors in determining whether to issue
a conditional use permit.
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress;
(i)
Availability of proposed tower to other potential users.
3.
Availability of suitable existing towers, other structures or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable 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. An applicant shall submit information requested by the Planning
Board related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of the following:
(a)
No existing towers or structures are located within the geographic
areas that meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers 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 towers or structures,
or the antenna on the existing towers 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 towers and structures unsuitable.
(g)
The applicant demonstrates that all alternative technology that
does not require the use of towers or structures, such as table microcell
network using multiple low-powered transmitters/receivers attached
to a wireline system, is unsuitable. Costs of alternative technology
that exceed new tower or antenna development shall not be presumed
to render the technology unsuitable.
4.
Setbacks. The following setback requirements shall apply to all towers
from which a conditional use permit is required:
(a)
Towers must be set back a distance equal to at least one hundred
(100%) percent of the height of the tower from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum zoning distance
setback requirements.
(c)
No tower 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 towers and antennas for which a conditional use permit is required.
(a)
Separation from off-site uses/designated areas.
(1)
Tower 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 below.
(2)
Separation requirements for towers shall comply with the minimum
standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
|
|
Residential, public parks, schools or houses of worship
|
200 feet or 300% height of tower, whichever is greater from
the lot line
|
|
Vacant residentially zoned land
|
200 feet or 300% height of tower, whichever is greater from
lot line
|
|
Nonresidentially zoned lands or nonresidential uses
|
None, only Zoning Code setbacks apply
|
(b)
Separation distances between towers. 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 shown
in Table 2.
|
Table 2
Existing Towers—Types
| |||
|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 ft. in Height
|
Monopole Less Than 75 ft. in Height
|
|
Lattice 5000
|
5000
|
1500
|
750
|
|
Guyed 5000
|
5000
|
1500
|
750
|
|
Monopole 75 feet in height 15000
|
1500
|
1500
|
750
|
|
Monopole less than 75 feet
|
750
|
750
|
750
|
6.
Security Fencing. Towers shall be enclosed by securing fencing not
less than six (6) feet nor more than eight (8) feet in height and
shall also be equipped with an appropriate anti-climbing device.
7.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required.
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screen the view of the tower compound from
the property used for residences of planned residences. The standard
buffer shall consist of a double-staggered row of evergreens consisting
of no less than seven (7) feet nor more than ten (10) feet wide buffer
to screen view of the facility.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirements 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 towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
8.
Access and Parking. There must be a suitable ingress/egress to/from
the tower facility and a minimum of two (2) parking spaces.
9.
Real Estate Values. As a criterion for approval, the Planning Board
must find that the proposed tower facility will not have a substantial
adverse impact on surrounding real estate values.
[Ord. No. 1136-04 § 8]
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 one hundred
(100) square feet of gross floor area or be more than ten (10) feet
in height. In addition, buildings and structures that are less than
forty (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 ten (10%) percent 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 the antennas shall be located
in accordance with the following:
1.
In front or side yards, provided that the cabinet or structure is
no greater than six (6) feet in height or one hundred (100) square
feet of gross floor area and the cabinet/structure is located a minimum
of seventy-five (75) feet from all lot lines. The cabinet/structure
shall be screened by an evergreen ledge with an ultimate height of
eight (8) feet and a planted height of at least forty-eight (48) inches.
2.
In a rear yard, provided that the cabinet or structure is no greater
than eight (8) feet in height or one hundred twenty (120) square feet
in gross floor area. The cabinet/structure shall be screened by an
evergreen hedge with an ultimate height of eight (8) feet and a planted
height of at least forty-eight (48) inches.
3.
In all other instances, structures or cabinets shall be screened
from view of all residential properties that abut or are directly
across the street from the structure or cabinet by a solid fence six
(6) feet in height of an evergreen hedge with an ultimate height of
eight (8) feet and a planted height of at least seventy-two (72) inches.
c.
Antennas Located on Towers. The related unmanned equipment structure
shall not contain more than two hundred square feet of gross floor
area or be more than ten (10) feet in height and shall be located
in accordance with the minimum yard requirements of the zoning district
in which located.
[Ord. No. 1136-04 § 9]
Any antenna or tower that is not operated for a continuous period
of nine (9) months shall be considered abandoned, and the owner of
such antenna or tower shall remove the same within ninety (90) days
of receipt of notice from the Borough of Little Ferry notifying the
owner of such abandonment. Failure to remove an abandoned antenna
or tower within ninety (90) days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two (2) or more users
of a single tower, than this provision shall not become effective
until all users cease using the tower. A permit to demolish or remove
a tower or antenna will be required in accordance with all applicable
Borough Ordinances.
[Ord. No. 1136-13-04 § 10]
a.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. 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 Section 35-1006. The type, height and location of the tower on the site shall be 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 one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned as specified in Section 35-1107.
