[1980 Code § 212-1; Ord. No. 2138]
The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:
Protect residential areas, schools and other land uses from potential adverse impacts of towers and antennas.
Encourage the location of towers in appropriate locations.
Minimize the total number of towers throughout the Borough of Roselle Park.
Strongly encourage the joint use of approved tower facilities (i.e., collocations) as a primary option rather than construction of new or additional single-use towers.
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
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.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
Consider the public health and safety of communication towers.
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
In furtherance of these goals, the Borough shall give due consideration to the Borough Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
[1980 Code § 212-2; Ord. No. 2138]
As used in this chapter:
- Shall mean installation or location of new antenna of existing structures including wireless telecommunication towers, buildings, water towers, billboards, monopoles and signs, etc.
- WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS
- Shall mean an unmanned telecommunication facility providing point to point telecommunication services, generally consisting of an antenna mounted on either an existing structure or mounted on an independent tower, frequently supported by an associated structure housing radio and/or electronic equipment.
[1980 Code § 212-3; Ord. No. 2138]
This chapter shall apply to all wireless telecommunication towers and antennas except the following:
Amateur radio stations and receive-only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively as a receive-only antenna in accordance with Federal Communications Commission regulations.
All wireless communications towers and antennas which are located on property owned, leased or otherwise controlled by the Borough of Roselle Park and which are approved by the Borough Council shall be deemed to be permitted as a municipal facility in any zone district.
[1980 Code § 212-5; Ord. No. 2138]
Wireless telecommunication towers and antennas which are not municipal facilities are conditionally permitted uses in the I (Industrial) Zone subject to the submission and approval by the Planning Board of the Borough of Roselle Park (hereafter referred to as "the Planning Board") and the following conditions.
Principal or Accessory Use. Wireless telecommunications towers and antennas 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.
For purpose of determining whether the installation of a tower or antenna complies with district 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.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning Board as part of the application an inventory of its existing towers and antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Roselle Park or within one (1) mile of the border thereof, including specific information about the location, height and design of each tower. The Borough may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Roselle Park; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
Aesthetics. Towers and antennas shall meet the following requirements:
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 the visual obtrusiveness.
The design and finish of the tower, antenna, buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural surrounding buildings.
If an antenna is installed on a structure other than a 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.
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.
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, then 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 (6) months 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 towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower and antenna at the owner's expense.
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 and local codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower 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, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
For the purposes of the measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Roselle Park irrespective of municipal and County jurisdictional boundaries.
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 Roselle Park have been obtained and shall file a copy of all required franchises with the Borough.
For purposes of any application for approval of a conditional permit use or variance request shall require public notice in accordance with the requirements of N.J.S.A. 40:55D-12.
No advertising signs shall be allowed on an antenna or tower.
The Borough encourages the users of towers and antennas to submit a single application 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. Applications for approval of multiple antenna sites shall be given priority in the review process.
The height shall be measured from the ground level to the highest point on the tower or antenna.
A licensed New Jersey professional engineer shall certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
Notwithstanding the above, no wireless telecommunication tower or antennas will be permitted as a conditional permitted use within seven hundred fifty (750) feet of any residence, residential zone or school.
[1980 Code § 212-4; Ord. No. 2138]
Wireless telecommunication towers and antennas are expressly prohibited on all zones except:
[1980 Code § 212-6; Ord. No. 2138]
In addition to an application for approval of a conditional use, an application form for a wireless telecommunication tower or antenna shall be submitted to the Planning Board for approval of a site plan pursuant to this chapter. In doing so the following information will be required for approval:
A location plan drawn to scale and 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 the other municipalities), Master Plan classification of the site, all properties within the applicable separation distances set forth in Section 29-8, paragraphs a, d and e, adjacent roadways, proposed means of access, setbacks from proposed tower and any other structures, topography and parking.
Legal description of the parent tract and leased parcel (if applicable).
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Section 29-8e 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 owner/operator of the existing tower(s), if known.
A landscape plan showing specific landscape materials.
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
A description of compliance with Section 29-4, paragraphs a through p and all applicable Federal, State or local laws.
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
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.
A description of the unsuitability 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 tower.
A description of the feasible location(s) of future towers or antennas within the Borough- based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
[1980 Code § 212-7; Ord. No. 2138]
Collocation of new tower antennas are to be encouraged at all times. All applicants are required to prove definitively that there are no reasonable and available existing structures that would fulfill the telecommunication goal and purposes.
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 required the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency 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 any of the following:
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
Existing towers or structures are not sufficient height to meet the applicant's engineering requirements.
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
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.
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.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
The applicant shall demonstrate that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireless system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
[1980 Code § 212-8; Ord. No. 2138]
In addition to any standards for consideration of site plans pursuant to this chapter, the Planning Board shall consider the following factors in determining whether to issue an approval:
Towers shall be set back a distance equal to at least one hundred (100%) percent of the height of the tower from any adjourning lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
Guys and accessory buildings shall satisfy the minimum zoning district setback and buffer requirements.
Tower separation shall be measured from the base of the tower to the lot line, except as otherwise provided.
Towers shall maintain a separation distance of seven hundred fifty (750) feet from residential dwelling units or from lands zoned for residential use or schools.
Separation Distances Between Towers. Separation distance between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed 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) as shown below shall be the required separation distances between towers.
[1980 Code § 212-9; Ord. No. 2138]
Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, the Planning Board may waive such requirements as it deems appropriate.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which conditional permitted approval is required; however, the Planning Board may waive such requirements if the goals of this section would be better served thereby.
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
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.
In approving the tower the Planning Board may impose conditions, including the use of an alternative tower structure, to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
The cabinet or structure shall not contain more than two hundred (200) square feet of gross floor area or be more than ten (10) feet in height. For buildings and structures which are less than sixty-five (65) feet in height, the related unmanned equipment structure, if over two hundred (200) square feet of gross floor area or ten (10) feet in height, shall be located on the ground and shall not be located on the roof of the structure.
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.
Antennas Located on Towers, Utility Poles or Light Poles. The related unmanned equipment structure shall not contain more than two hundred (200) 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 and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.
Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) 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 notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within the 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, then this provision shall not become effective until all users cease using the tower.
Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
In the event that an applicant is requesting the location of wireless telecommunication tower or antenna in the I Industrial Zone as a conditionally permitted use, and development cannot meet all of the conditions outlined in Section 29-4, paragraphs a through p, the proposed antenna would be deemed a nonpermitted use, requiring an application to the Zoning Board of Adjustment of the Borough pursuant to N.J.S.A. 40:55d-7(d).