The purpose of this article is to regulate the
location, operation and placement of wireless telecommunications ("WT")
facilities within the Borough of Chatham.
A. This article is intended to meet the requirements
of the Telecommunications Act of 1996, while at the same time reasonably
regulating WT facilities within the Borough.
B. This article is also intended to protect the Borough
from the visual or other adverse impacts of these facilities, while
encouraging their unobtrusive development to provide comprehensive
wireless telecommunications services in the Borough, with its attendant
benefits to residents and businesses.
[Amended 7-24-2000 by Ord. No. 12-2000]
The only permitted locations for WT facilities
in the Borough of Chatham are as follows:
A. In the M (Industrial) Districts;
B. Upon proof satisfactory to the Planning Board that,
if the applicant locates the WT facility in an M District it will
be unable to accomplish its purposes as set forth in the application,
the facility may be located on an existing electric transmission tower
within the Borough of Chatham owned by Public Service Electric and
Gas Co. or General Public Utilities Co., or any successor thereof;
C. Upon proof satisfactory to the Planning Board that, if the applicant locates the WT facility in either of the locations described in Subsections
A and
B immediately above, it will be unable to accomplish its purposes as set forth in the application, the facility may be located on land or structures owned by the Borough of Chatham.
No WT facilities shall be located on their lot
within the minimum setbacks which are prescribed elsewhere in this
chapter. No WT facilities shall be located closer than a distance
of 150 feet, measured along the ground, from the following:
A. The lot line of any lot on which is located any school
or other licensed educational facility.
B. The lot line of any lot used for residential purposes.
C. Any lot line which is also a dividing line between
two zones.
In addition to compliance with all applicable
zoning and site plan requirements, applications for approval of WT
facilities shall include the following:
A. A road and turnaround such as may be necessary to
provide adequate emergency and service access, using existing roads,
public or private, to the maximum extent practicable.
B. The color or colors of the proposed WT equipment and
the camouflage methods to be used.
C. A Visual Environmental Assessment Form ("Visual EAF")
with particular attention given to the visibility of the proposed
WT facility from key viewpoints identified in the Visual EAF, existing
tree lines, and proposed elevations.
D. A map showing:
(1) Existing WT facilities within the Borough of Chatham
which are owned, leased or otherwise under the custody, control, or
use of the applicant at the time of application; and
(2) Sites within the Borough of Chatham where WT facilities
are proposed or projected to be installed, constructed, erected, moved,
reconstructed and/or modified by or for the benefit of the applicant
within the next year.
E. A certified load analysis report for the existing
building, structure or WT tower, or for the proposed WT tower, upon
which a WT antenna is proposed to be located, indicating its ability
to support the proposed WT antenna and possible future, collocated
WT antennas.
[Amended 3-11-2013 by Ord. No. 13-04]
In addition to submission of all other forms,
site plans, plans, and other documentation required for an application
by this chapter, all applicants for a conditional use permit for the
installation, construction, erection, movement, reconstruction, or
modification of any WT facilities shall also submit a needs analysis.
The needs analysis shall contain documentary evidence demonstrating
the need for the proposed installation, construction, erection, movement,
reconstruction or modification of any WT facilities within the Borough.
This evidence shall include, at a minimum:
A. The WT service provider's wireless telecommunications
network layout and coverage area for a radius of at least five miles
from the location where the WT facilities are planned, identifying
all locations:
(1) In operation as of the filing date of the conditional
use permit application;
(2) Under construction as of the filing date of the conditional
use permit application; and
(3) Pending approval before any licensing authority as
of the filing date of the conditional use permit application.
B. All results and supporting data derived from tests
which must be conducted to determine before and after signal strength
plots. These results and data:
(1) Shall demonstrate the actual existing signal coverage
in effect at the time of application, contrasted with the proposed
signal coverage which would result from the proposed installation,
construction, erection, movement, reconstruction, or modification
of WT facilities within the Borough of Chatham; and
(2) Shall be certified by a qualified radio frequency
engineer. The Borough reserves the right to retain a radio frequency
engineer on its own behalf at applicant's expense to review the results
or data submitted by the application.
C. A search ring of the zone in which the WT facilities
are proposed, prepared by a qualified radio frequency engineer and
overlaid on an appropriate background map, demonstrating the area
within the zone where the WT facilities need to be located in order
to provide reasonably necessary signal strength and coverage to the
target cell.
D. In connection with the signal strength plots and search
ring described above, the applicant must provide a report prepared
by a qualified radio frequency engineer which explains why the proposed
location was selected and which specifically addresses at a minimum:
(1) If the applicant proposes to install, construct, erect,
move, reconstruct or modify a WT antenna upon an existing structure
or building, including poles used for power, telecommunications and
the like, why it is reasonably necessary to locate that WT antenna
within the Borough of Chatham.
(2) If the applicant proposes to install, construct, erect,
move, reconstruct or modify a WT antenna upon an existing WT tower,
applicant must show:
(a)
Why it is reasonably necessary to locate that
WT antenna within the Borough of Chatham; and
(b)
Why it is not reasonably practicable to locate
or collocate that WT antenna upon an existing building or structure
within the zone.
(3) If the applicant proposes to install, construct or
erect a WT antenna upon a new WT tower, applicant must show:
(a)
Why it is reasonably necessary to locate that
WT antenna within the Borough of Chatham;
(b)
Why it is not reasonably practicable to locate
or collocate that WT antenna upon an existing building or structure
within the zone; and
(c)
Why it is not reasonably practicable to locate
or collocate that WT antenna upon an existing WT tower within the
zone.
(4) These requirements do not apply to changing the direction
of any existing WT antenna.
E. An affidavit from applicant or an officer of applicant
describing the frequency and power at which the proposed WT facilities
are expected to operate and the authority by which they were granted.
The following criteria shall be considered by
the Planning Board or, if variances are requested, the Zoning Board
of Adjustment, hereafter referred to as the "approving authority,"
prior to the approval or denial of a request for a conditional use
permit for WT facilities. These criteria may be used as a basis to
impose reasonable conditions on the applicant.
A. Aesthetics. WT facilities shall be located, buffered
and camouflaged to the maximum extent practicable and technologically
feasible, to help ensure compatibility with surrounding land uses.
In order to minimize any adverse aesthetic effect on neighboring residences
to the greatest extent possible, the approving authority may impose
reasonable conditions on the approval of the application, including
the following:
(1) The approving authority may require the applicant
to show that it has made good-faith efforts to minimize the height
of proposed towers, to collocate on existing buildings, structures
or WT towers, or to locate proposed new WT towers near existing towers
in an effort to consolidate visual disturbances.
(2) The applicant must submit a copy of its policy and/or
agreements regarding collocation with other potential applicants on
any proposed WT tower.
(3) The approving authority may require the applicant
to use additional camouflage and/or otherwise modify the proposed
construction to minimize the visual impact of the WT facilities.
B. Radio frequency (RF) emissions. The proposed WT antenna
shall be operated such that exposure to the RF emissions in normally
accessible locations remains within Federal Communications Commission
(FCC) exposure guidelines and shall comply with other related state
or federal regulations or requirements.
C. Removal of WT facilities. The applicant shall agree
to remove any WT facilities if all or part of any such WT facilities
becomes damaged and is unrepaired for a period of six months, or ceases
to be used for its intended purpose for 12 consecutive months. The
applicant must comply with the following requirements:
(1) The Borough of Chatham may, at its sole discretion,
require the applicant to provide a demolition bond to the Borough
of Chatham for the purpose of assuring the removal of any WT facilities
in accordance with the provisions of the section.
(2) The applicant will be responsible for providing, on
an annual basis, written estimates to the Borough of Chatham for the
cost to demolish and/or remove the WT facilities, and to restore the
land upon which it is located. Such estimates will be used to establish
whether any adjustment is required in the amount of the required demolition
bond.
D. Structural safety.
(1) Upon written request from the Borough of Chatham at
any time, during the application process or after the installation,
construction, erection, movement, reconstruction, or modification
of any WT facilities, the applicant shall provide a report from a
licensed professional engineer certifying as to the condition of the
WT facilities with respect to applicable structural safety standards.
(a)
Such requests from the Borough shall not occur
more often than once every three years.
(b)
If the engineer's report recommends that repairs
or maintenance are required, then a letter shall be submitted to the
Borough which shall contain a reasonable schedule for the required
repairs or maintenance.
(c)
Upon their completion, a letter shall promptly
be submitted to the Borough of Chatham to certify same.
(2) In the event that the applicant fails to comply with
these requirements regarding structural safety, the Borough of Chatham
reserves the right, in addition to all of its other rights and remedies
available under state, federal and local law, to declare the applicant
in default of its obligations under this chapter.
(a)
Should that occur, the applicant will have 30
days to notify the Borough as to how it intends to cure its default,
setting forth a reasonable schedule for same.
(b)
In the event the applicant fails to so notify
the Borough, or fails to cure as agreed, the Borough may draw on the
applicant's demolition bond and arrange for the removal and/or demolition
of the applicant's WT facilities: declare the WT facilities to be
abandoned and arrange for the public auction of the WT facilities;
and/or pursue such other remedies at law and in equity as may be available.
(c)
Nothing in this subsection shall be construed
to limit the applicant's liability for criminal prosecution.
E. The approving authority may retain technical consultants
as it deems necessary to provide assistance in the review of the application,
the technical support data, and the proofs and documents submitted
to demonstrate compliance with this article. The applicant shall bear
the reasonable costs associated with such review and consultation,
which cost shall be deposited in accordance with the Borough's escrow
provisions.
[Added 7-24-2000 by Ord. No. 12-2000]
Additional requirements for WT facilities located
on existing electric transmission towers owned by Public Service Electric
and Gas Co. or General Public Utilities Co., or any successor thereof
shall be as follows:
A. The WT Equipment Compound shall be located entirely
within the ground area at the base of the tower as defined by the
location of the bases of the legs of the tower.
B. The WT equipment shall be located within the WT compound either underground or, if it is above ground, it shall comply with the standards for site review which are set forth in §
165-26 of this chapter.
C. If more than one WT service provider is utilizing
a tower for its WT antennas, the WT equipment for all such providers
shall be housed in one structure.
D. No portion of the WT facilities, including the WT
antennas, shall be located more than four feet above the topmost part
of the existing tower.
E. No WT antenna shall be located on a tower at a height
less than 50 feet above grade level.
F. Any cables connecting the WT antennas to any other
part of the WT facility shall be made as inconspicuous as possible;
the cables or the channels in which they are enclosed shall be, as
the result of painting or by any other means, the same color as the
color of the tower.
G. Applicant will prepare and submit with its application
a diagram or map showing the portion of the Borough from which can
be seen, from ground level, any portion of the proposed WT facility.
[Added 5-10-2004 by Ord. No. 04-12]
Lots existing as of the effective date of this article in the R-1, R-2, R-3 and R-4 Zones for which compliance with the terms of §
165-14G(1) would limit the total area of allowable land disturbance to 3,000 square feet or less shall be permitted to be developed as a conditional use; such development shall be limited to one single-family detached dwelling unit and the accessory uses permitted at §
165-14B(2),
(3),
(4) and
(8) and shall comply with all of the following criteria:
A. Total land disturbance permitted. The extent of the total land disturbance on the entire lot shall not exceed 3,000 square feet over the entire lot, regardless of the total area of the lot or the calculated usable lot area. For the purposes of this §
165-141, "land disturbance" shall mean any activity involving any intentional or unintentional, temporary or permanent, placement, movement, addition, replacement, relocation, removal, clearing, deposit or excavation of soil cover, earth, rock, vegetation, construction debris, construction supplies or construction equipment on an area of land, and including the creation or expansion of a driveway or parking lot. Ordinary lawn care, landscape maintenance and gardening activities are excluded, provided that such activities do not alter the drainage, recharge capability or topography of the land or involve the removal of existing trees as defined at Article XV, Tree Protection (§ 165-121 et seq.).
B. Total impervious surface coverage. The total lot (impervious
surface) coverage shall not exceed 1,260 square feet over the entire
lot, regardless of the total area of the lot or the calculated usable
lot area, except that for the purposes of determining compliance with
this section only, the area under decks and cantilevered floor levels
and on top of retaining walls shall not be included in the calculation
of the total impervious surface coverage. This shall not exempt decks
and cantilevered floor levels from compliance with other applicable
requirements of this chapter. The total impervious surface coverage
permitted hereunder may be increased for the purposes of accommodating
driveway access requirements only, but in no case shall the additional
coverage permitted for this purpose exceed 500 square feet over the
1,260 square feet maximum otherwise permitted.
C. Other development requirements. In addition to demonstrating compliance with the foregoing requirements of this §
165-141 pertaining to the conditional use the applicant shall also demonstrate compliance with the general requirements of this chapter including, but not limited to, §
165-14G(3) through
(10), but these general requirements shall not be deemed to be standards and specifications applicable to a conditional use.
D. Board review. Board review and approval of the conditional use application shall be required, and shall encompass a review and approval of the application's compliance with the general requirements of §
165-14G(3) through
(10), including the grading and stormwater management plan and the landscaping and revegetation plan.