Borough of Hawthorne, NJ Telecommunication Towers and Antennas

Provide for the appropriate location and development of communications towers and antennas to serve the residents and businesses of the Borough of Hawthorne.

Minimize adverse visual impacts of towers and antennas through careful siting, design and landscape screening techniques.

Encourage and promote the location of new communications towers, to the extent possible, so as to minimize adverse impact upon residents and businesses in the community.

Maximize use of any new and existing communications towers so as to minimize the total number of towers throughout the Borough.

(5)

Permit the providers of telecommunications services to provide such services to the community at appropriate locations as determined in this article.

§ 540-196 Applicability.

All new towers and antennas, as defined herein, located in the Borough of Hawthorne, shall be governed by these regulations.

§ 540-197 General requirements.

The requirements set forth in this section shall govern the location and construction of all towers and the installation of all antennas governed by this article.

Building codes; safety standards. To ensure the structural integrity of communications towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and local building codes, as well as standards for towers as published by the Electronic Industries Association, as may be amended from time to time. Tower owners shall conduct periodic inspections of communications towers at least once every two years to ensure structural integrity. Inspections shall be conducted by a structural engineer licensed to practice in New Jersey. The results of such inspection shall be provided to the Municipal Construction Code Official and Borough Engineer. 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 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 removal of the tower or antenna at the owner's expense. The owner shall, in the case of conflicting code standards, comply with the most stringent of the applicable standards.

Regulatory compliance.

All towers and antennas must meet or exceed current state or federal government agency standards and regulations. If such standards and regulations are changed, then the owners of the communications towers and antennas governed by this article shall bring such communications 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 more stringent compliance schedule is mandated by the controlling federal agency.

Tower owners shall provide documentation to the designated municipal official showing that each communications tower is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.

The failure of any tower owner to comply with the provisions set forth above shall permit the Borough to take all action permitted under this act and at law to compel compliance, including the imposition of fines or penalties under the Property Maintenance Code of the Borough[1] as well as the declaration by the Borough that the tower shall be deemed abandoned as defined herein.

Editor's Note: See Ch. 370, Property Maintenance.

Security. Communications towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anticlimbing device; provided, however, that the reviewing body may waive or permit variance from such requirements for alternative tower structures.

Lighting and signs. No signs or illumination are permitted on an antenna or tower unless required by a state or federal agency of competent jurisdiction, in which case, the Zoning Administrator may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.

Advertising. No advertising shall be permitted on an antenna or tower.

Visual impact.

Towers shall either maintain a galvanized steel finish or, subject to any applicable federal or state agency standards, be painted a neutral color, so as to reduce visual obtrusiveness. Notwithstanding the same, the reviewing body considering any application for erection of a tower may require, at its reasonable discretion, that the tower be camouflaged or constructed of an alternative material, provided that the same does not interfere with the essential function of the tower.

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 the tower facilities to the natural setting and built environment.

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 clustered at the same site shall be of similar heights and design.

(5)

Towers shall be the minimum heights necessary to provide parity with existing similar tower-supported antennas and shall be freestanding where the negative visual effect is less than would be created by use of a guyed tower.

Landscaping.

Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property. The buffer shall be a landscaped strip of at least four feet in width and shall be properly maintained. The buffer zone is to consist of materials of a variety that can be expected to grow to form a continuous hedge at least five feet in height within two years of planting.

Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys, should they be uprooted, and shall not obscure visibility of the anchor from the transmission building or security facilities and maintenance.

Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

In lieu of these standards, the reviewing body having jurisdiction over the project may allow use of an alternate detailed plan and specifications for landscape and screening, including plantings, fences, walls and other features designed to screen and buffer towers and accessory uses. The plan shall accomplish the same degree of screening achieved by the provisions above, except as lesser requirements are desirable for adequate visibility for security purposes. In certain locations where the visual impact of the tower would be minimal, such as developed heavy industrial areas, the landscaping requirements may be reduced or waived by the reviewing body having jurisdiction over the project.

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector and local street, access for maintenance vehicles shall be exclusively by means of the collector street. At facilities which require on-site personnel, a minimum of one parking space shall be provided on each site per employee.

Principal, accessory and joint uses.

Accessory structures used in direct support of a tower shall be allowed but may not be used for offices, vehicular storage or any other outdoor storage. Mobile or immobile equipment not used in direct support of a tower facility shall not be stored or parked on the site of the tower unless repairs are being made to the tower. In all zoning districts, and in addition to other bulk requirements, any accessory structure shall be located not more than 25 feet from the base of any proposed tower.

Antennas and towers, where permitted, within the meaning of this article, shall be a principal use rather than accessory use. Notwithstanding the same, or any conflicting provision of any other Code section or ordinance, towers may be located on sites containing another principal use in the same buildable area, provided that all of the other siting, setback, separation and general requirements of this article is met. Towers may occupy a parcel meeting the minimum lot size requirements for the zoning district in which they are located.

Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.

Municipal use of towers. The Borough of Hawthorne shall be permitted reasonable use and access of any tower to be erected within the Borough of Hawthorne for municipal purposes, including but not limited to fire, police, ambulance and public works communications and other governmental uses.

§ 540-198 Permitted uses.

General. The uses listed in Subsection B of this section are deemed to be permitted uses but shall be subject to applicable provisions of this article.

Permitted uses. Antennas or towers are permitted uses on property owned, leased or otherwise controlled by the Borough of Hawthorne, provided that a license or lease authorizing such antenna or tower has been approved by the Mayor and Council upon the filing of an application and hearing as required by this article or by law.

§ 540-199 Use on Borough-owned or -leased property.

The following provisions shall govern the issuance of approvals for towers, antennas and facilities on Borough property:

The Municipal Council may approve the uses listed in this section as an incident to a lease or license duly approved by the Mayor and Council.

Each applicant for administrative approval shall apply to the Zoning Officer of the municipality, providing the information required by this article.

The Zoning Officer, in consultation, if necessary, with the Municipal Engineer, shall review the application for completeness to determine if the proposed use complies with the requirements of this article. The matter shall thereafter be referred to the Planning Board of the Borough of Hawthorne for site plan review in accordance with the requirements of this article.

In connection with any administrative approvals, the Planning Board may grant waivers from the provisions of Article IV of this chapter or other relevant and applicable provisions hereof upon a showing by the applicant that the advantages of the waiver outweigh the detriment and that the waiver will not substantially impair the public good.

The Planning Board shall use the standards of the within ordinance as set forth in Article IV of this chapter in determining whether to permit the proposed construction.

If the application is denied by the Planning Board, the applicant shall have a right to file an appeal in the Superior Court or apply for an approval as otherwise provided in this article.

The applicant shall deposit with the Borough a nonrefundable fee in the amount of $3,500 for administrative costs that may be incurred in the review of the application. In the event that it is determined that the costs incurred by the Borough for legal or engineering review by its professional consultants exceeds the amount of the application fee, the applicant may be required to post a cash escrow as may be determined by the Borough and administered in a manner conformable to the requirements of the Municipal Land Use Law.[1]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 540-200 Conditionally permitted uses in industrial zones.

In the event of a denial of an application to the Planning Board for permission pursuant to this article to erect a tower facility on Borough property or in the event the applicant can demonstrate an inability to construct a tower on Borough-owned or -leased property, the applicant may file a site plan application and conditional permit application with the Planning Board for site plan approval and conditional permit approval for a wireless communications facility consistent with the requirements of the within article. Any departure from the provisions of the within article shall require an application for a variance pursuant to N.J.S.A. 40:55D-70d.

Such an application shall be governed by the following standards, as well as other standards and requirements in this chapter:

Modification of existing towers.

(a)

An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the co-location of an additional antenna, but shall not exceed the overall height limitations of this article.

(b)

The height change referred to may only occur one time per communications tower.

(c)

A tower which is being rebuilt to accommodate the co-location of an additional antenna shall be subject to all of the criteria of this article as if a new tower application is being made.

(d)

After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

New towers and facilities. All new towers and facilities, other than those located on property owned or leased by the Borough of Hawthorne, shall be governed by the provisions set forth herein.

§ 540-201 Business and residential zone districts.

Towers, antennas and structures within the meaning of this article are prohibited in residential or business districts other than on Borough-owned or -leased property. An applicant shall have a right to submit a use variance application to the Zoning Board of Adjustment pursuant to the provision of N.J.S.A. 40:55-70d. The applicant shall, in addition to meeting the criteria of the affirmative and negative proof under N.J.S.A. 40:55-70d, have the burden of proof as to the criteria of this article applicable to Borough property or as to industrially zoned property as well as any other criteria in the within article. The applicant shall also have the burden of proof of demonstrating that it cannot build the facility on Borough-owned land or industrial-zoned land as evidenced by denials pursuant to this section or other demonstration of such inability.

No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board or Zoning Board of Adjustment 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 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:

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support 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.

(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 wire-line system, is unsuitable. Costs of alternative technology that exceed a new tower or antenna development shall not be presumed to render the technology unsuitable.

Bulk requirements.

Setback. The applicant shall comply with all setback requirements of the zone in which the tower is proposed. Notwithstanding the same, the Board may reduce the standard setback requirements should the same better serve the requirements of this article and the applicant otherwise complies with the Municipal Land Use Law.[1] In any event, all accessory structures associated with the proposed tower shall be located not more than 25 feet from the base of the tower.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

Separation. Tower separation shall be measured from the base of the tower to the lot line of any adjoining use or property. Any tower proposed in a business or residential zone or within 300 feet of property zoned for business or residential use or within 300 feet of any property used for residential purposes shall be separated from the lot line a distance of 200 feet or 300% of the height of the tower, whichever is the greater. For towers located in industrial zones and not within 300 feet of any business or residential zone or any property used for residential purposes, the existing setback for the zone shall apply.

Height. In all applications to the Planning Board or the Zoning Board, the height of a tower for a single use shall not exceed 60 feet; for two users shall not exceed 70 feet; and for three or more users, shall not exceed 80 feet. The Board reviewing the application may impose a limitation for a lesser height, provided that the lesser height will achieve the required transmission or coverage.

§ 540-202 Buildings and equipment.

Location. For all equipment cabinets or structures used in association with antennas, other than antennas mounted on rooftops or structures, the equipment cabinet or structure shall be located in accordance with the bulk requirements of the zone applicable to accessory buildings or structures, other than any limitation applicable to the number of such accessory uses or structures, in which the same is located, but in all events, not more than 25 feet from the base of the tower. All such structures shall be appropriately screened by a planting row having an ultimate height equal to or exceeding the height of the structure and a planted hedge of at least 36 inches.

Height and area. In all zones, the height of any equipment cabinet or structure used in association with antennas shall not exceed 10 feet as measured from the ground elevation as defined in this chapter. The area of any such equipment cabinet or structure shall not exceed 300 square feet of gross floor area.

§ 540-203 Antennas mounted on rooftops or structures.

The location of an antenna on a rooftop or structure for purposes as set forth herein shall be governed by the provisions of this article. All height limitations as imposed herein shall be measured from the ground elevation of the building or structure as the same is defined in this chapter.

The equipment cabinet or structure used in association with such antennas shall comply with the following:

The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 10 feet in height, measured from the mean ground level. The cabinet or structure shall be limited to use accessorial to the tower.

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 50% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes and shall be architecturally compatible with the building.

Mounting of equipment, cabinet or structure on rooftop is permitted only if there is no feasible alternative.

§ 540-204 Application review.

In the review of any application for approval pursuant to the provisions of the within article, the reviewing board shall not impose unreasonable restrictions on the rights of the applicant pursuant to the provisions of the United States Constitution and the provisions of federal legislation or the regulations of the FCC.

In connection with any application either to the Planning Board or the Board of Adjustment, all of the technical standards contained in the within article as to any category of application shall apply to any application.

Any application to site the facility on Borough property shall be subject to the public bidding statutes of the State of New Jersey as well as subject to a lease agreement with appropriate financial conditions agreeable to the Borough.

In deciding an application after notice and hearing, the Planning Board or Board of Adjustment shall adopt a resolution which shall contain specific findings of fact and conclusions of law dealing with the criteria of the Land Use Act[1] and the within article.