[Amended 5-13-1997 by Ord. No. 97-8; 5-5-2009 by Ord. No. 09-09; 6-11-2024 by Ord. No. 24-12]
A.
No fence in any district shall exceed four feet in height above the
curb level when located within 25 feet of the intersection of two
street lines. For the purposes of this article, any outdoor wall other
than a retaining wall shall be deemed a fence.
B.
No fence in any residential district, or on a lot in any other district
on which residential buildings are erected, shall exceed four feet
in height above ground level when located at a distance closer to
any street line than the front setback line prescribed for said district,
nor shall any such fence exceed six feet in height above ground level
when located at a distance equal to or greater than the front setback
line prescribed for said district. Fences in the in the front yard
shall be no less than 50% open.
E.
The restrictions set forth in the article shall not prevent the erection
of an open wire fence not exceeding eight feet in height above ground
level anywhere within a public park, public playground or public-school
property. Nothing herein shall be construed to prevent the erection
of a retaining wall.
F.
The following fences and fencing materials at any location which
a dwelling is situated are specifically prohibited: barbed-wire fences,
sharp-pointed metal fences, canvas, cloth, electrically charged fences,
temporary fences, expandable fences, collapsible fences or chain-link
fences in a front yard. Nothing herein shall be deemed to prevent
the erection of suitable windbreaks for the winter protection of trees,
shrubs and other vegetation.
G.
All fences shall be within property lines. No fence shall encroach
upon a street. All fences must be erected such that the posts or other
materials supporting the fence and/or fence fabric are located on
the inside of the fence facing the property being enclosed or protected.
H.
Every fence shall be maintained in a safe, sound and upright condition
and shall be subject to the inspection of the Hillsdale Construction
Code Agency.
I.
If the Hillsdale Construction Code Agency, upon inspection, shall
determine that any fence or retaining wall, or portion of any fence
or retaining wall, is not being maintained in a safe, sound, upright
condition, it shall notify the owner of the lot, in writing, of its
findings and order such fence or retaining wall or portion of such
fence or retaining wall to be repaired or removed within 15 days from
the date of such written notice to the owner.
[Added 7-2-1997 by Ord.
No. 97-14]
A.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
INTERNET
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
Structures that camouflage or conceal the presence of antennas
or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
The international computer network of both federal and nonfederal
interoperable packet switched data networks.
[Added 7-13-2004 by Ord.
No. 04-16]
Any towers or antennas for which a building permit or special
use permits have been properly issued prior to the effective date
of this section, including permitted towers or antennas that have
not yet been constructed so long as such approval is current and not
expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
B.
Applicability.
(2)
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.
(4)
AM array. For 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.
(5)
Nonprofit Internet access. This section shall not apply to antenna constructed and maintained without providing legal consideration to the landlord or tenant occupying the site and functioning for the sole purpose of providing free Internet access to the public at Borough-owned or -operated property. The antenna must otherwise comply with permit requirements and restrictions applicable to structures, including but not limited to, height as set forth under § 310-54.
[Added 7-13-2004 by Ord.
No. 04-16]
C.
General requirements.
(1)
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.
(2)
Lot size. For purposes 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.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of its existing
towers, antennas, or sites, approved for towers or antennas, that
are either within the jurisdiction of the Borough of Hillsdale or
within one mile of the border thereof, including specific information
about the location, height, and design of each tower. The Zoning Officer
may share such information with other applicants applying for administrative
approvals or special use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the Borough
of Hillsdale; provided, however, that the Zoning Officer is not, by
sharing such information, in any way representing or warranting that
such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
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.
(b)
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 towers and related structure into
the natural setting and surrounding buildings.
(c)
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.
(5)
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 disturbance
to the surrounding views.
(6)
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 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
or antennas at the owner's expense.
(7)
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 or local
building 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 of Hillsdale 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 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Borough of Hillsdale irrespective of municipal and
county jurisdictional boundaries.
(9)
Not essential services. 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.
(10)
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 Hillsdale
have been obtained and shall file a copy of all required franchises
with the Zoning Officer.
(11)
Signs. No signs shall be allowed on an antenna or tower.
(12)
Multiple antenna/tower plan. The Borough of Hillsdale encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites.
D.
Permitted uses.
(1)
General. The uses listed in this subsection are deemed to be
permitted uses and shall not require administrative approval or a
conditional use permit.
(2)
Permitted uses. The following uses are specifically permitted:
(a)
Antennas, towers or alternate tower structure located on property
owned, leased or otherwise controlled by the Borough of Hillsdale,
provided that a license or lease authorizing such antenna or tower
has been approved by the Borough of Hillsdale.
E.
Area, bulk and yard requirements shall be as follows:
(1)
Minimum front yard setback: 50 feet or the height of the structure,
whichever is greater.
(2)
Minimum rear yard setback: 50 feet or the height of the structure,
whichever is greater.
(3)
Minimum side yard setback: five feet.
(4)
Maximum height of tower: 130 feet.
(5)
Maximum height of associated structures: eight feet.
(6)
Maximum square footage of associated structures: 150 square
feet.
F.
Additional requirements.
(1)
All facilities shall be suitably secured and enclosed in a fence
of not less than six feet high.
(2)
Site plan approval by the Hillsdale Planning Board shall be
required, and the following information shall be provided:
(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 within 200 feet (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection E, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the 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 Zoning Officer to be necessary to assess compliance with this section.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit or residentially zoned properties, whether platted
or unplatted.
(d)
The separation distance from other towers 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, finished color, if applicable, and methods
of camouflage and illumination.
(g)
A description of compliance with this section and all applicable
federal, state or local laws.
(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 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 Borough of Hillsdale based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(3)
In the event that a communication tower is abandoned or not
operated for a period of one year, the same shall be removed, at the
option of the Borough, at the sole expense of the operator.
(4)
Noise levels generated by the operation of the antenna operation
at any property line shall be not more than 50 decibels.
(5)
Site lighting used to illuminate tower shall be oriented inward
toward the tower to minimize spillage and glare onto adjacent properties.
(6)
The tower and antennae shall be designed in accordance with
the current edition of the Building Officials and Code Administrators
National Building Code.
(7)
Any generator located on the site shall be within an equipment
structure. All fuel shall be contained in accordance with NJDEP requirements.
(8)
Site clearing shall be minimized to preclude the removal of
vegetation beyond that necessary to install and maintain the facility.
(9)
Communication towers shall not cause a disruption to, or interfere
with other radio, communications, or television transmissions or equipment.
If such disruption or interference is found to be caused by the operation
of the communication tower, the subscribers and/or leasees shall modify
their equipment, operations to abate the deficiencies.
G.
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 any of the following:
(1)
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(4)
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.
(5)
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.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
The applicant demonstrates 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 wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
