The purpose of this article is to set forth terms and conditions for the siting of wireless communications towers and antennas within the geographic boundaries of the town. The goals of this Ordinance are to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in specific areas within the town; minimize the total number of towers throughout the town; strongly encourage the joint use of new and existing tower sites for collocation of antennas as a primary option rather than construction of additional single-use antennas; encourage users of towers and antennas to locate them, to the greatest extent possible, in areas where the adverse impact on the community is minimal; 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; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid substantial detriment to the public good and which will not substantially impair the intent and purpose of zoning. In furtherance of these goals, the Town of West New York shall give due consideration to the town's Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas. This article further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to manage with respect to cellular and other wireless telecommunications services and to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This article expressly recognizes that the proposed site must be particularly suited (or suitable) for the proposed facility.
As used in this article, the following terms
shall have the meanings set forth below:
ANTENNA
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 communications signals.
APPROVING AUTHORITY
The Planning Board with respect to conditional use permits;
the Zoning Board of Adjustment with respect to variance requests pursuant
to N.J.S.A. 40:55D-70d(1), d(3) and/or d(6); and/or the Zoning Officer
for permitted uses with respect to this article and Town Code, as
well as applicable state and federal law, in conjunction with the
Planning Board.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers and/or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this ordinance, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to §
414-101B(1) on property owned, leased or otherwise controlled by the town.
STEALTH TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, light poles
and other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
TOWER
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 or monopole towers. Guyed towers are not permitted
within the town. The term includes, but is not limited to, radio and
television transmission towers, microwave towers, common carrier towers,
cellular telephone towers, alternative tower structures and the like.
The term also includes the structure and any support thereto.