Borough of Keansburg, NJ Chapter 26 Wireless Telecommunications

§ 26-1 WIRELESS TELECOMMUNICATIONS ANTENNAS AND TOWERS.

[Ord. #1399, § 1]

a. Applicants proposing to construct wireless telecommunications antennas shall present documentary evidence regarding the need for wireless antennas within the Borough of Keansburg. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within the Borough.

b. Applicants proposing to construct wireless telecommunications antennas shall document the locations of all existing communications towers within Keansburg Borough and surrounding area with coverage in the Borough and shall provide competent testimony by a radio frequency engineer regarding the suitability of such tower locations in light of the design of the wireless telecommunications network. Wireless telecommunications antennas shall be located and approved in accordance with the following prioritized locations:

1. The first priority shall be existing wireless communications towers, including those owned by Keansburg Borough, within any nonresidential district in the municipality.

2. The second priority shall be any other wireless communication towers located in Keansburg Borough.

3. The third priority shall be an existing building or structure located within the nonresidential district in Keansburg Borough.

4. The fourth priority shall be a new tower located within a nonresidential district in Keansburg Borough.

c. 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. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of any suitable existing buildings or structures. The Borough reserves the right to engage such professionals as it may be required at the applicant's expense.

d. Wireless telecommunications antennas may be erected on existing towers, buildings or structures in accordance with the requirements established herein an equipment compound may be constructed in support of such antennas consistent with the following requirements:

1. Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 10 feet.

2. An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of such antenna arrays provided it is:

(a) Situated behind existing structures, buildings or terrain features which will shield the compound from public view on any side; or

(b) When a location out of public view is not possible, a landscape buffer of 10 feet in width shall be provided around the compound to shield the facility from public view. Landscaping shall include native evergreen trees at least eight feet high at the time of planting and planted in staggered double rows at 15 feet on center, or equivalent and shall be reviewed by the Planning Board Engineer.

3. The equipment building shall be situated within a fence at least seven feet high as approved by the Borough Engineer which shall not be a chain link and shall include a locking security gate.

4. Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment color should be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays.

e. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on the existing towers, buildings or structures either do not exist or are not available, the applicant may erect a new communications tower, according to the following requirements:

1. Minimum lot size: As required by the zone, but not less than one acre

2. Minimum setback of tower and equipment compound from any property line: 200 feet or two times the height of the tower, whichever is greater

3. Maximum tower height:

Three or more vendors: 140 feet.

Two vendors : 120 feet

4. No wireless telecommunications towers shall be erected within 1,000 feet of any of the following:

(a) Any residential lot.

(b) Public buildings such as municipal buildings, public, and private schools, libraries, senior citizens centers, public parks and playgrounds and houses of worship.

5. Wireless telecommunications towers shall not be erected within 2,500 feet of any historic district or any historic site as designated or eligible for listing on the National and/or State Register of Historic Places.

6. Wireless telecommunications towers may be permitted on municipal land or buildings upon approval by the Borough.

7. Site plan details for wireless telecommunications towers shall include the site boundaries, tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.

8. A landscape plan shall be submitted which is drawn to scale generally showing proposed landscaping, including species type, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.

9. An Environmental Impact Study shall be submitted.

10. A report from a qualified expert shall be submitted which contains the following:

(a) A description of the tower and the technical and other reasons for the tower design and height.

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

(c) The general capacity of the tower in terms of the number and type of antenna it is designed to accommodate.

11. A letter of commitment by the applicant to lease excess space on the tower to other potential users at the prevailing rates and standard terms shall be submitted. The letter of commitment shall be recorded prior to issuance of the building permit. The letter shall commit the tower owner and successors in interest.

12. Elevations of the proposed tower and accessory building shall be submitted which generally depicts all proposed antennas, platforms, finish materials and all other accessory equipment.

f. Annual Report. Operators of wireless telecommunications towers shall provide to the Keansburg Borough Manager an annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable minimum safety requirements. Such report shall also be provided prior to the modification of antenna arrays, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Keansburg Borough Manager when the use of such antennas and equipment is discontinued.

g. Removed. Wireless telecommunications towers which are not in use for wireless telecommunications purposes for six months shall be removed by the facility owner at its cost. This removal shall occur within 90 days of the end of such six-month period. 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 prior to final approval to cover the costs of tower removal and site restoration. The size of the bond shall be calculated to account for cost escalations.

h. Collocation Required. Authorization for the construction of a new wireless telecommunications tower shall be conditioned on agreement with the tower owner that other wireless service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at prevailing rates and standard terms which reflect the fair market price for such service within Monmouth County. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.