[Added 7-9-1997 by Ord. No. 1997:742]
A.
The purpose of this article is to establish general
guidelines for the siting of wireless communications towers and antennas.
The goals of this article are to:
(1)
Protect residential areas and land uses from potential
adverse impacts of towers and antennas.
(2)
Encourage the location of towers in nonresidential
areas.
(3)
Minimize the total number of towers throughout the
community.
(4)
Strongly encourage the joint use of new and existing
tower sites as a primary option rather than construction of additional
single-use towers.
(5)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal.
(6)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(7)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(8)
Consider the public health and safety of communication
towers.
(9)
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Closter
shall give due consideration to the Borough of Closter's Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas.
As used in this article, the following terms
shall have the meanings set forth below:
Man-made trees, clock towers, bell towers, steeples, light
poles and similar alternative-design mounting 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 lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
Any tower or antenna for which a building permit or conditional
use permit has been properly issued prior to the effective date of
this article, 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.
Amateur radio station operators/receive-only antennas.
This article shall not govern the installation of any antenna, owned
and operated by an amateur radio operator and used exclusively for
receive-only antennas and for private noncommercial purposes, which
shall be regulated elsewhere in the Code of the Borough of Closter.
D.
AM array. For purposes of implementing this article,
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. Monuments 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.
A.
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.
B.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with zone development
regulations, including but not used 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.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Site Plan Subcommittee of
the Planning Board an inventory of its existing towers, antennas or
sites approved for towers or antennas, that are either within the
jurisdiction of the Borough of Closter or within one mile of the border
thereof, including specific information about the location, height
and design of each tower. The Site Plan Subcommittee of the Planning
Board may share such information with other applicants applying for
administrative approvals or conditional use approvals under this article
or other organizations seeking to locate antennas within the jurisdiction
of the Borough of Closter; provided, however, that the Site Plan Subcommittee
of the Planning Board is not, by sharing such information, in any
way representing or warranting that such sites are available or suitable.
D.
Aesthetics. Towers and antennas shall meet the following
requirements:
(1)
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.
(2)
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 them into the natural setting
and surrounding buildings.
(3)
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.
E.
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.
F.
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 article 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 antenna at the owner's expense.
G.
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 Closter 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.
H.
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in the Borough of Closter irrespective of municipal and county
jurisdictional boundaries.
I.
Not essential services. Towers and antennas shall
be regulated and permitted pursuant to this article and shall not
be regulated or permitted as essential services, public utilities
or private utilities.
J.
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 Closter have been obtained and shall file a copy of all required
franchises with the Site Plan Subcommittee of the Planning Board.
K.
Public notice. For purposes of this article, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 200-102B(5)(b), Table 2, in addition to any notice otherwise required by this chapter.
L.
No commercial signs shall be allowed on an antenna
or tower.
M.
Building and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 200-103.
N.
Multiple antenna/tower plan. The Borough of Closter
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
A.
General. The uses listed in this section are deemed
to be permitted uses and shall not require administrative approval
or a conditional use approval.
B.
Permitted uses. The following uses are specifically
permitted:
(1)
Antennas or towers located on property owned, leased
or otherwise controlled by the Borough of Closter, provided that a
license or lease authorizing such antenna or tower has been approved
by the Borough of Closter; however, the Borough may, as a condition
of such lease, require site plan approval. The decision to extend
such leases to an applicant shall be vested solely with the municipality
and shall not be governed by this article.
A.
General. The following provisions shall govern the
issuance of administrative approvals for towers and antennas.
(1)
The Site Plan Subcommittee of the Planning Board may
administratively approve the uses listed in this section
(2)
Each applicant for administrative approval shall apply to the Site Plan Subcommittee of the Planning Board providing the information set forth in § 200-102B(1) and (3) of this article and a nonrefundable fee as established by the governing body to reimburse the Borough of Closter for the costs of reviewing the application.
(3)
The Site Plan Subcommittee of the Planning Board shall review the application for administrative approval and determine if the proposed use complies with §§ 200-99, 200-102B(4) and 200-102B(5) of this article.
(4)
The Site Plan Subcommittee of the Planning Board shall
respond to each such application within 60 days after receiving it
by either approving or denying the application. If the Site Plan Subcommittee
of the Planning Board fails to respond to the applicant within said
60 days, then the application shall be deemed to be referred to the
entire Planning Board for approval.
(5)
In connection with any such administrative approval, the Site Plan Subcommittee of the Planning Board may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 200-102B(4) or separation distances between towers in § 200-102B(5) by up to 50%.
(6)
In connection with any such administrative approval,
the Site Plan Subcommittee of the Planning Board may, in order to
encourage the use of monopoles, administratively allow the reconstruction
of an existing tower to monopole construction.
B.
List of administratively approved uses. The following
uses may be approved by the Site Plan Subcommittee of the Planning
Board after conducting an administrative review:
(1)
Locating antennas on existing structures or towers consistent with the terms of Subsections B(1)(a) and (b) below:
(a)
Antennas on existing structures. Any antenna
which is not attached to a tower may be approved by the Site Plan
Subcommittee of the Planning Board as an accessory use to any commercial,
industrial, professional or institutional use, provided that:
(b)
Antennas on existing towers. An antenna which
is attached to an existing tower may be approved by the Site Plan
Subcommittee of the Planning Board and, to minimize adverse visual
impacts associated with the proliferation and clustering of towers,
collocation of antennas by more than one carrier on existing towers
shall take precedence over the construction of new towers, provided
that such collocation is accomplished in a manner consistent with
the following:
[1]
A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna shall be of the
same tower type as the existing tower unless the Site Plan Subcommittee
of the Planning Board allows reconstruction as a monopole.
[2]
[3]
On-site location.
[a]
A tower which is being rebuilt
to accommodate the collocation of an additional antenna may be moved
on-site within 50 feet of its existing location.
[b]
After the tower is rebuilt to accommodate
collocation, only one tower may remain on the site.
[c]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 200-102B(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 200-102B(5).
A.
General. The following provisions shall govern the
issuance of conditional use permits for towers or antennas by the
Planning Board:
(2)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of Chapter 200, Zoning, of the Closter Code, except as modified in this section.
(3)
In granting a conditional use approval, the Planning
Board may impose conditions to the extent the Planning Board concludes
such conditions are necessary to minimize any adverse effect of the
proposed tower on adjoining properties.
(4)
Any information of an engineering nature that the
applicant submits, whether civil, mechanical or electrical, shall
be certified by a professional engineer licensed by the State of New
Jersey.
(5)
An applicant for a conditional use approval shall
submit the information described in this section and a nonrefundable
fee as established by the Mayor and Council to reimburse the Borough
of Closter for the costs of engineering and legal expenses of reviewing
the application.
B.
Towers.
(1)
Information required. In addition to any information required for applications for conditional use approvals pursuant to Chapter 200, Zoning and Chapter 173, Subdivision of Land and Site Plan Review, of the Closter Code, applicants for a conditional use approval for a tower shall submit the following information:
(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 (including when adjacent to other municipalities), district classification of the site and all properties within the applicable separation distances set forth in § 200-102B(5), adjacent roadways, 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 Planning Board to be necessary to assess compliance with this article.
(b)
A legal description of the parent tract and
leased parcel (if applicable).
(c)
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 200-99C 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)
The method of fencing and finished color and,
if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
(i)
An 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 Closter based upon
existing physical, engineering, technological or geographical limitations
in the event that the proposed tower is erected.
(2)
Factors considered in granting conditional use approvals for towers. In addition to any standards for consideration of conditional use approval applications pursuant to Chapter 200, Zoning, of the Closter Code, the Planning Board shall consider the following factors in determining whether to issue a conditional use approval, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this article are better served thereby:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures
and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in § 200-102B(3) of this article.
(3)
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 (although nothing should be construed to infer
that meeting one, some or all of the following shall entitle the applicant
to approval):
(a)
No existing towers or structures are located
within the geographic area which meet the applicant's engineering
requirements.
(b)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
(d)
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.
(e)
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.
(f)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(g)
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.
(4)
Setbacks. The following setback requirements shall
apply to all towers for which a conditional use approval is required;
provided, however, that the Planning Board may reduce the standard
setback requirements if the goals of this article would be better
served thereby:
(a)
Towers must be set back a distance equal to
at least 75% of the height of the tower from any adjoining lot line.
(b)
Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer
areas if adjacent to residential zones and as prescribed under local
ordinance.
(5)
Separation. The following separation requirements
shall apply to all towers and antennas for which a conditional use
approval is required; provided, however, that the Planning Board may
reduce the standard separation requirements if the goals of this article
would be better served thereby:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[2]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| |
|
Residential, public parks, schools or house
of worship*
|
200 feet or 300% of height tower, whichever
is greater
| |
|
Vacant single-family residentially zoned land
plan approval which is not expired
|
200 feet or 300% of height either platted or
has preliminary subdivision of tower, whichever is greater
| |
|
Vacant unplatted residentially zoned land**
|
100 feet or 200% of height of tower, whichever
is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
None; only setbacks apply
| |
|
NOTES:
| |
|
* Including nursing homes and other similar
uses wherein people are housed or receive care at least eight hours
per day.
| |
|
** Includes any unplatted residential use properties
without a valid preliminary subdivision plan or valid development
plan approval and any multifamily residentially zoned land greater
than duplex.
|
(b)
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown in Table 2.
|
Table 2
| |||||
|
Existing Towers
|
Lattice
(feet)
|
Guyed
(feet)
|
Monopole 50 Feet in Height
(feet)
|
Monopole Less Than 30 Feet in Height
(feet)
| |
|---|---|---|---|---|---|
|
Lattice
|
5,000
|
5,000
|
1,500
|
1,000
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
1,000
| |
|
Monopole 50 feet in height
|
1,500
|
1,500
|
1,500
|
1,000
| |
|
Monopole less than 30 feet
|
1,000
|
1,000
|
1,000
|
1,000
|
(6)
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device.
(7)
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a conditional use approval
is required.
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences or planned residences.
The standard buffer shall consist of a landscaped strip at least four
feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
[Amended 9-10-1997 by Ord. No. 1997:748]
No antenna, tower or alternative tower shall
be located or constructed in any residential zone.
A.
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(1)
The cabinet or structure shall not contain more than
100 square feet of gross floor area or be more than 10 feet in height.
In addition, for buildings and structures which are less than 40 feet
in height, the related unmanned equipment structure shall be located
on the ground and shall not be located on the roof of the structure.
(2)
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 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply
with all applicable zoning and building codes.
B.
Antennas mounted on utility poles, light poles or
towers. The equipment cabinet or structure used in association with
antennas shall be located in accordance with the following:
(1)
In a front or side yard, provided that the cabinet
or structure is no greater than six feet in height or 100 square feet
of gross floor area, and the cabinet/structure is located a minimum
of 75 feet from all lot lines. The cabinet/structure shall be screened
by an evergreen hedge with an ultimate height of at least 42 to 48
inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided that the cabinet or structure
is no greater than eight feet in height or 120 square feet in gross
floor area. The cabinet/structure shall be screened by an evergreen
hedge with an ultimate height of eight feet and a planted height of
at least 48 inches.
(3)
In all other instances, structures or cabinets shall
be screened from view of all residential properties which abut or
are directly across the street from the structure or cabinet by a
solid fence 6 feet in height or an evergreen hedge with an ultimate
height of eight feet and a planted height of at least 72 inches.
(4)
Emergency generators shall be located below grade
and suitably soundproofed so that noise volumes measured at all property
lines do not exceed ambient levels. A nighttime restriction of 50
decibels measured at all lot lines shall be imposed.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned, and
the owner of such antenna or tower shall remove the same within 90
days of receipt of notice from the Borough of Closter notifying the
owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. The Borough may condition the
issuance of any permit to demolish or remove a tower or antenna on
the posting of an appropriate performance bond or other suitable guaranty
in a face amount of not less than 120% of the cost (as determined
by the Borough Engineer) of such removal, grading and restoration
to a state required under all applicable Borough ordinances, including
but not limited to the Borough Property Maintenance Code.[1]
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use approval and without having to meet the separation requirements specified in § 200-102B(4) and (5). The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. No permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 200-105.
The various parts, sections and clauses of this
article are hereby declared to be severable. If any part, sentence,
paragraph, section or clause is adjudged unconstitutional or invalid
by a court of competent jurisdiction, the remainder of this article
shall not be affected thereby.
Any ordinances or parts thereof in conflict
with the provisions of this article are hereby repeated to the extent
of such conflict.
