[Ord. 4/7/03 § 1]
The intent of this chapter pertaining to Wireless Telecommunications
Equipment is to enable the location within the Borough of those antennas
which are necessary to provide adequate wireless telecommunications
services while, at the same time, limiting the number of supporting
towers to the fewest possible and minimizing the impact of the antenna,
accessory equipment, and supporting structures on residences, streetscapes
and vistas throughout the Borough.
[Ord. 4/7/03 § 2]
The purpose of this chapter is to regulate the placement of
wireless telecommunications antennas and related equipment:
a. To encourage the location of antennas upon, or within, existing structures,
including existing buildings, existing wireless telecommunications
towers, existing water towers, and existing telephone and electric
towers, especially those existing structures in nonresidential districts;
b. To encourage the configuration of telecommunications facilities in
a manner that minimizes and mitigates any adverse impact upon affected
properties, streetscapes, and vistas through careful design, siting,
screening, landscaping, and innovative camouflaging techniques;
c. To encourage the co-location of as many antennas as possible, of
as many wireless telecommunications carriers as possible, on existing
towers and other structures in nonresidential districts;
d. To discourage the construction of new towers which do not have the
likelihood of being used by a number of wireless telecommunications
carriers;
e. To minimize the total number of wireless telecommunications towers
within the Borough;
f. To discourage adverse impacts on community aesthetics;
g. To formulate and maintain, for land use planning purposes, a complete
inventory of all wireless telecommunications antenna towers, and related
facilities within the Borough, and others in the vicinity of the Borough,
which are capable of providing service within in the municipality;
h. To enhance the ability of the carriers of wireless telecommunications
services who adhere to the specific requirements and intent of the
ordinance provisions to provide such service quickly, effectively,
and efficiently; and
i. To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. Section 332 (C) (7), which preserves local government
authority to enforce zoning requirements which protect public safety,
public and private property, and community aesthetics.
[Ord. 4/7/03 § 3]
As used in this chapter:
ANTENNA
Shall mean any device specifically designed for the reception
or transmission, or both, of radio frequency signals.
CO-LOCATION
Shall mean the mounting of personal wireless service facilities
used by two or more competing providers on the same antenna support
structure, monopole or antenna tower.
FAA APPLICATION
Shall mean any application, or other request, to the Federal
Aviations Administration for a license, certificate, waiver, special
temporary authorization, or any other instrument of authorization
issued by the Federal Aviation Administration regarding an applicant's
telecommunications structures, antennas, and equipment.
FAA FILINGS
Shall mean any application with all attachments, exhibits,
appendices, memoranda, amendments, supplements and comments; all correspondence
addressed to the Federal Aviation Administration, individual comments
or objections, petitions to deny, proposed findings of fact, conclusions
of law, and briefs on appeal; the initial decision of the Federal
Aviation Administration; notices of appeal; all briefs and other documents
on appeal; and all other related matters.
FCC APPLICATION
Shall mean any application, or request, to the Federal Communications
Commission for a license, certificate, waiver, special temporary authorization,
or any other instrument of authorization issued by the Federal Communications
Commission under the Telecommunications Act of 1934, or the Telecommunications
Act of 1996.
FCC FILING
Shall mean any application with all attachments, exhibits,
appendices, memoranda, amendments, supplements, and comments; all
correspondence addressed to the Federal Communications Commission;
individual comments or objections of other parties, including but
not limited to, informal objections, petitions to deny, proposed findings
of fact, conclusions of law, and briefs on appeal; the initial decision
of the Federal Communications Commission; notices of appeal; all briefs
and other documents on appeal; and all other related matters.
HEIGHT OF AN ANTENNA
a.
If required to be measured from ground level, shall mean the
measurement which is made from the mean grade of the surrounding terrain
to a radius of 50 feet and up to and including the highest point of
the antenna support, whichever is higher. Height from ground level
shall be measured from mean surface grade ground level regardless
of whether or not the antenna support is mounted on an existing structure
or extends to ground level.
b.
If required to be measured from the roof line, shall mean the
measurement which is made from the exterior surface of the roof covering
the top floor of the building, but shall not include any penthouse,
structure, or enclosure used solely to house heating, ventilating,
air-conditioning, elevator, or other utility facilities.
PERSONAL WIRELESS SERVICE
Shall mean mobile services, unlicensed wireless services
and common carrier wireless exchange access services, including cellular,
radiotelephone, specialized mobile radios system and personal communications
services.
REDEVELOPMENT AREA
Shall mean an area determined to be in need of redevelopment
pursuant to the "Local Redevelopment and Housing Law," N.J.S.A. 40A:12A-1
et seq.
TELECOMMUNICATIONS
Shall mean the electrical or electronic transmission, between
or among points specified by the user of information of the user's
choosing without change in the form or content of the information
as sent and received.
TELECOMMUNICATIONS EQUIPMENT
Shall mean equipment, other than customer premises equipment,
used by the carrier to provide telecommunications services, and includes
software integral to such equipment (including upgrades).
TOWER
Shall mean a freestanding antenna support structure.
WIRELESS TELECOMMUNICATIONS
Shall mean the transmission and receipt of writing, signs,
signals, pictures, and sounds of all kinds without the aid of wire,
cable, or other like connection between the points of origin and reception
of such transmission.
[Ord. 4/7/03 § 4.1]
The provisions of this chapter shall not apply to the following:
a. Any tower, or the installation of any antenna, that is under 70 feet
in height and is owned and operated only by a federally licensed amateur
radio station operator or is used exclusively to receive transmission;
b. Preexisting towers or antennas shall not be required to meet the
requirements of this ordinance, except that in the case of enlargement,
structural modification or addition to any existing tower or antenna
facility which shall result in an increase of 10% or more in tower
height or facility floor area the provisions of this ordinance shall
apply; and
c. The provisions of this subsection shall not govern any parabolic
satellite antennas.
[Ord. 4/7/03 § 4.3]
Based upon the "Overall Comprehensive Plan" submitted by the
applicant, if the Borough determines the proposed antenna(s) are needed
for the provision of full wireless telecommunications services within
the Borough, utilizing the fewest number of towers as reasonably possible
and locating on existing structures where reasonably possible, the
following priority schedule shall apply:
a. Wireless telecommunication antennas shall be permitted as principal
uses on existing structures at the following prioritized locations:
1. The first priority location shall be the co-location of an antenna
on an existing tower within the industrial zone;
2. The second priority location shall be the location of an antenna
on an existing building within the industrial zone, with a lot area
of greater than 20,000 square feet;
3. Co-location on a tower shall be required for no less than three carriers
and a letter of intent by the applicant to meet the co-location requirement
shall be provided to the approving authority; and
4. All of the separation distance, area, setback, height, and design
criteria requirements listed herein shall be met.
b. New wireless telecommunications towers, along with the antennas and
equipment facilities associated with such new towers, shall be permitted
as a principal use in the following location:
1. The location of a new tower shall be permitted within the Industrial
Zone on a lot with a lot area of greater than 20,000 square feet;
2. Co-location on a tower shall be required for no less than three carriers
and a letter of intent by the applicant to meet the co-location requirement
shall be provided of the approving authority; and
3. All of the separation distance, area, setback, height, and design
criteria requirements listed herein shall be met.
c. No wireless telecommunications antennas shall be permitted on any
billboard.
[Ord. 4/7/03 § 4.4]
The following separation distance requirements shall apply:
a. If the proposed antenna(s) will be attached to an existing building,
the following separation distance requirements shall apply:
1. Minimum distance between facilities located in the industrial zone:
200 feet.
b. If the proposed antenna(s) will be attached to an existing wireless
telecommunications tower or similar structure within an industrial
district the following separation distance requirements shall apply:
1. Minimum distance from any residential district line: 500 feet; and
2. Minimum distance between facilities: 500 feet.
c. If the proposed antenna(s) will be supported by a new wireless telecommunications
tower:
1. Minimum distance from any residential district line: 500 feet; and
2. Minimum distance between facilities: 500 feet.
[Ord. 4/7/03 § 4.7]
All applications for wireless telecommunications antennas shall
adhere to the following design criteria:
a. For location on an existing building or structure:
1. Minor site plan application to the approving authority shall be required.
2. To the greatest extent possible, any antenna(s) located on an existing
building shall be surface-mounted on the building facade at the roofline
or along the exterior parapet wall so as to reasonably blend in with
the architectural features of the building.
3. Antenna(s) and supporting electrical and mechanical equipment shall
be constructed of materials and styles consistent with surrounding
street and building design and shall be of color that matches, as
closely as possible, the background color of the facade on which it
is mounted or so as to make the antenna(s) and related equipment as
visually unobtrusive as possible.
4. All ancillary electronic and mechanical equipment shall be housed
either within an enclosed area inside the existing building or on
the rooftop of the building provided:
(a)
The height of the rooftop equipment facilities shall not exceed
the height of the tallest accessory rooftop structure such as a stair
or elevator housing no more than 250 square feet in area and shall
be fully enclosed in a cabinet which shall be constructed of a material
and color which will match those of the existing rooftop accessory
structures as closely as possible; and
(b)
Documentation by a qualified expert that any existing structure
will have sufficient structural integrity to support the proposed
antennas and ancillary equipment shall be provided to the approving
authority.
5. Any additional public utility lines and/or cables deemed necessary
for the operation of the proposed antenna facility shall be located
underground. The applicant shall provide documentation to the approving
authority as to the necessity of the additional lines.
6. No signage shall be permitted that is visible from adjacent properties
or from the public right-of-way.
b. For New Tower:
1. Preliminary and Final Site Plan application shall be required for
any proposed new wireless telecommunications tower.
2. Any proposed new tower shall be a "monopole" unless the applicant
can demonstrate, and the approving authority agrees, that a different
type of pole is necessary for the co-location of additional antennas
on the tower.
3. Unless otherwise required by the Federal Aviation Administration
(FAA) or the Federal Communications Commission (FCC), all tower designs
shall be integrated with the surrounding street and building design
and shall be either constructed of a neutral color material or painted
a neutral color so as to reduce the visual obtrusiveness. All applicable
FAA or FCC standards regarding color materials that may apply to the
proposed tower shall be provided to the approving authority.
4. No lighting is permitted on a tower except lighting that is specifically
required by the FAA and any such required possible, so as not to project
toward adjacent nearby properties. All applicable FAA standards regarding
lighting that may apply to the proposed towers shall be provided to
the approving authority.
5. All ancillary electronic and other equipment shall be located within
a building or encircled structure which structure shall meet the following
design criteria:
(a)
Each provider of wireless telecommunications services located
on the site may have a maximum of one cabinet enclosing required electronic
equipment, which cabinet shall not exceed 15 feet in height nor more
than 250 square feet in area. All such cabinets shall be located within
a building which shall not exceed 1 1/2 stories and 20 feet in
height nor 1,000 gross square feet in area.
(b)
The building shall use material, textures, and colors that together
with required screening and landscaping will cause it to blend into
the natural setting and surroundings, to the greatest extent possible.
(c)
Provision for co-location of equipment shall be incorporated
into the design of the building/structure.
(d)
No electronic equipment shall be designed in such a way as to
interfere with any public safety communication.
(e)
All equipment shall be automated so that, to the greatest extent
possible, the need for on-site maintenance and associated vehicular
trips to and from the site will be minimized.
(f)
Lighting shall be limited to a single light at the entrance
to the building which shall be focused downward.
6. Landscaping shall be provided between the tower and also between
any building or structure used to house ancillary equipment and any
public street or residential dwelling unit or residential zoning district
in accordance with the following:
(a)
Required landscaping shall consist of sufficient density of
evergreen planting to effectively screen the view of the tower's
base and, in addition, sufficient other plantings which may consist
of a combination of shrubs and deciduous trees to screen the tower
and enhance the appearance of, to the maximum extent reasonably possible,
from any surrounding residential properties and from any public street.
(b)
Any newly planted evergreen tree shall be at least eight feet
at the time of planting and newly planted deciduous trees shall be
a minimum caliper of 3.5 inches at the time of planting.
(c)
No signage shall be permitted except "warning" and/or equipment
information signs as deemed necessary or as required by State and/or
Federal regulatory agencies for safety purposes and are specifically
approved by the approving authority.
7. Minimal off-street parking shall be permitted as needed to provide
maintenance at the site and as specifically approved by the approving
authority.
8. No antenna shall be located or any tower in order to provide non-cellular
telephone service; such service shall be provided via existing telephone
lines if available to the site or by the underground extension of
telephone lines to the site if necessary.
9. Any new tower shall be located behind existing buildings and/or natural
topographic elevations in order to screen the tower's base from
being visible from adjacent properties and from any street right-of-way;
to the greatest extent possible, no new tower shall be visible from
a public street in any residential district.
10. Towers shall be encircled by security fencing consisting of eight
feet high one-inch link "non-climbable" mesh which shall be fully
screened by the required landscaping.
11. Documentation by a qualified expert that any existing structure will
have sufficient structural integrity to support the proposed antennas
and ancillary equipment shall be provided to the approving authority.