Borough of East Newark, NJ Wireless Telecommunications Equipment

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.

§ 25-2 PURPOSE.

[Ord. 4/7/03 § 2]

The purpose of this chapter is to regulate the placement of wireless telecommunications antennas and related equipment:

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;

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;

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;

To discourage the construction of new towers which do not have the likelihood of being used by a number of wireless telecommunications carriers;

To minimize the total number of wireless telecommunications towers within the Borough;

To discourage adverse impacts on community aesthetics;

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;

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

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.

§ 25-3 DEFINITIONS.

[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

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.

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.

§ 25-4 USE REGULATIONS, STANDARDS AND REQUIREMENTS.

§ 25-4.1 Exemptions of Applicability.

[Ord. 4/7/03 § 4.1]

The provisions of this chapter shall not apply to the following:

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;

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

The provisions of this subsection shall not govern any parabolic satellite antennas.

§ 25-4.2 Overall Comprehensive Plan.

[Ord. 4/7/03 § 4.2]

Any applicant to the Borough for approval to erect a wireless telecommunications antenna, in addition to all other information required by this chapter, shall provide to the approving authority substantial evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and/or ancillary cabinets or structures enclosing related electronic equipment, have been planned to result in the lowest number of tower locations within the Borough and the least possible impact on community aesthetics.

The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Borough and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless telecommunications services within and around the municipality.

The overall comprehensive plan shall indicate the following:

The mapped location and written description of all existing antennas and existing and approved supporting structures within one mile of the subject site;

The mapped location and written description of all existing or approved water towers and existing telephone or electric towers within one mile of the subject site;

How the proposed location of the proposed antenna(s) specifically relate to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;

How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough by the application and by other providers wireless communications services within the Borough;

How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communication services within the Borough while, at the same time, limiting the number of supporting towers to the fewest possible through the use of co-location, through the use of alternate technologies which do not require the use of towers, or through the use of existing structures; and

How the proposed location of the proposed antenna(s) specifically relates to the objective of minimizing the impact of the antennas, accessory equipment, and supporting structures on residences, streetscapes, and view corridors throughout the municipality.

§ 25-4.3 Location Priorities.

[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:

Wireless telecommunication antennas shall be permitted as principal uses on existing structures at the following prioritized locations:

The first priority location shall be the co-location of an antenna on an existing tower within the industrial zone;

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;

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

All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.

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:

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;

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

All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.

No wireless telecommunications antennas shall be permitted on any billboard.

§ 25-4.4 Separation Distance Requirements.

[Ord. 4/7/03 § 4.4]

The following separation distance requirements shall apply:

If the proposed antenna(s) will be attached to an existing building, the following separation distance requirements shall apply:

Minimum distance between facilities located in the industrial zone: 200 feet.

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:

Minimum distance from any residential district line: 500 feet; and

Minimum distance between facilities: 500 feet.

If the proposed antenna(s) will be supported by a new wireless telecommunications tower:

Minimum distance from any residential district line: 500 feet; and

Minimum distance between facilities: 500 feet.

§ 25-4.5 Area and Setback Requirements.

[Ord. 4/7/03 § 4.5]

If the proposed antenna(s) are to be attached to an existing building or an existing or approved tower or structure, no land area shall be required in addition to the land area upon which the existing structure is situated; or

If the proposed antenna(s) are to be supported by a new wireless telecommunications tower:

The proposed antenna(s) and proposed supporting tower and ancillary related electronic equipment shall be located on a land area equal to or larger than 1/3 the "Minimum Lot Area" specified for the District;

The minimum required land area shall either be a separate undeveloped lot or a leased portion of an already developed lot;

The proposed antenna(s) and proposed supporting tower and ancillary related electronic equipment and any approved building housing the electronic equipment and any approved camouflaging of the tower shall be the only land uses located on the proposed tower site, whether a separate lot or a leased portion of a lot; and

Excepting for any access driveway into the property, any required landscaping, and any underground utility lines reviewed and approved by the approving authority as part of the site plan submission, no building structure and/or disturbance of land shall be permitted within 100 feet from any street line, from any other existing or proposed property line, or from any "lease line," provided that if a tower will exceed 100 feet in height, the tower shall be set back from any street line and from any other proposed property line, a distance equal to or greater than the height, the tower except that, in any case the tower shall be required to be set back a minimum distance of only 100 feet from any line demarcating the leased premises.

§ 25-4.6 Maximum Height.

[Ord. 4/7/03 § 4.6]

The maximum height of any proposed antenna extending above any existing building or existing structure shall be the minimum height necessary for the proposed installation to satisfactorily operate;

The height of any proposed new supporting tower shall not exceed 150 feet unless it can be demonstrated by the applicant, to the satisfaction of the approving authority, that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate and is necessary for the co-location of at least three other carriers on the tower; and

The maximum height of any proposed rooftop equipment cabinet shall be the height of the tallest accessory rooftop structure such as a stair or elevator housing, provided that no equipment cabinet shall be located on the rooftop of any building less than 60 feet in height.

§ 25-4.7 Design Criteria.

[Ord. 4/7/03 § 4.7]

All applications for wireless telecommunications antennas shall adhere to the following design criteria:

For location on an existing building or structure:

Minor site plan application to the approving authority shall be required.

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.

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.

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.

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.

No signage shall be permitted that is visible from adjacent properties or from the public right-of-way.

For New Tower:

Preliminary and Final Site Plan application shall be required for any proposed new wireless telecommunications tower.

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.

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.

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.

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.

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.

Minimal off-street parking shall be permitted as needed to provide maintenance at the site and as specifically approved by the approving authority.

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.

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.

§ 25-4.8 Radio Frequency Emission.

[Ord. 4/7/03 § 4.8]

Applicants shall provide current FCC information concerning telecommunications projects which meet the current FCC standards shall not be conditioned or denied on the basis of RF impact.

If the FCC adopts a superseding emission standard, such new standard shall be controlling and become effective as directed in the FCC rulemaking. In such event, the applicant shall, within 45 days of the superseding emission standard's effective date, submit to the approving authority documentation of compliance with the superseding emission standard. Failure to submit such documentation shall result in a declaration by the approving authority that the equipment is "no longer operative" and the removal provisions of subsection 25-4.9 of this section shall apply.

§ 25-4.9 Removal of Abandoned/Obsolete and FCC Non-Compliance Antennas and Towers.

[Ord. 4/7/03 § 4.9]

Any wireless telecommunications antenna facility not used for its intended and approved purpose for a period of one year shall be considered "no longer operative" and shall be removed by the responsible party within 60 days thereof.

In addition to the applicant fees, the applicant (or landowner in the instance of leased property) shall provide a performance bond that will cause the antennas, any supporting tower, associated equipment cabinets, any building enclosing associated equipment cabinets, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. The amount of the performance bond shall not be less than 120% of the cost (as determined by the Borough Engineer at the time of application) of such demolition, removal, and restoration of the site to a state required under all applicable ordinances including, but not limited to the Borough property maintenance code.