[Added 4-10-2001 by Ord. No. 3-2001;
amended 9-4-2001 by Ord. No. 17-2001]
The purpose of this article is to regulate the
location and placement of wireless telecommunications structures,
antennas and equipment within the City of Northfield. It is also the
purpose of this article to recognize that the installation of new
towers to support such antennas has a negative impact on the aesthetics
of the City of Northfield. This article seeks to meet the mandate
of the Telecommunications Act of 1996 while at the same time limiting
the proliferation of wireless telecommunications towers. In addition,
this article shall have the following purposes:
A.
To require the use of existing towers and other structures
as support platforms for local communications facilities to the extent
consistent with the purpose and other goals of this article.
B.
To require co-location of local communications facilities
of competing providers in order to reduce the number of required towers.
C.
To provide for the timely removal of local communications
facilities and the restoration of sites that same occupied when said
facility is removed from service.
D.
To minimize the adverse visual impact of towers and
telecommunications facilities through careful design, siting, landscaping
and innovative camouflaging techniques.
E.
To promote and encourage the utilization of technological
designs that will either eliminate or reduce the need for erection
of new towers to support antennas and communications facilities.
F.
To avoid potential damage to property and personal
injury to residents caused by towers and telecommunications facilities
by ensuring that such structures are soundly and carefully designed,
constructed, modified and maintained, and also removed when no longer
used or when determined to be structurally unsound.
The following words, terms and phrases, when
used in this article, shall have the meanings described to them in
this section, except where the text content clearly indicates a different
meaning:
Any building or structure, other than a tower, which can
be used for location of telecommunications facilities.
Any person, corporation, limited-liability company, partnership
or other entity that applies for a tower development permit.
The process by which the owner of the parcel of land within
the City of Northfield submits a request to develop, construct, build,
modify or erect a tower upon such parcel of land. "Application" includes
all written documentation, verbal statements, and representations,
in whatever form or forum, made by an applicant to the City concerning
such request.
Any engineer licensed to practice within the State of New
Jersey.
A type of freestanding tower with a single shaft of wood,
metal, concrete, or other substance and a platform or racks for antennas
arrayed or attached thereto.
The person, corporation or other entity with the fee title
or long-term leasehold to develop any parcel of land within the City
who or which desires to develop, construct, build, modify or erect
a tower upon such parcel of land.
Any natural person, firm, partnership, association, corporation,
company or other legal entity, private or public, whether for profit
or not for profit.
A company or other entity which provides wireless services
via a local communications facility.
Any cables, wires, lines, wave guides, antennas, and any
other equipment or facilities associated with the transmission or
reception of communications which a person seeks to locate or has
installed upon or near a tower or antenna support structure. However,
telecommunications facilities shall not include:
A self-supporting lattice, guyed or monopole structure constructed
from grade which supports telecommunications facilities. The term
"tower" shall not include amateur radio operator's equipment such
as that licensed by the FCC.
The City of Northfield, including its Planning Board.
A.
Notwithstanding anything to the contrary contained
in this chapter, the installation of a wireless telecommunications
antenna shall be considered a permitted use on any existing tower
located within the City of Northfield.
B.
Notwithstanding anything to the contrary contained
in this chapter, the installation of a wireless telecommunications
antenna shall be considered a conditional use in any zone except a
residential zone.
A.
An applicant
seeking to construct a telecommunications antenna and/or tower within
the City of Northfield shall first:
(1)
Present documentary evidence regarding the need for
a wireless telecommunications antenna at the proposed location. This
information shall identify the wireless network layout and coverage
areas to demonstrate the need for new equipment at the specific location
within the City.
(2)
Provide documentary evidence that a good faith attempt
has been made to locate the antennas on existing towers within the
applicant's search area. Efforts to secure such locations shall be
documented through correspondence by and between the wireless telecommunications
provider and the property owner of the existing towers.
(3)
Document
the locations of all existing communications towers within the applicant's
search area and provide competent testimony by a radiofrequency engineer
regarding the suitability of potential locations in light of the design
of the wireless telecommunications network. Where a suitable location
on an existing tower is found to exist, but an applicant is unable
to procure an agreement to locate its equipment on such tower, the
applicant shall provide sufficient and credible written evidence of
its attempt or attempts to utilize such tower.
B.
The applicant will make every reasonable effort to
utilize existing structures, including the use of existing structures
as support platforms for local communications facilities when the
consent of the present owner can be secured. The burden shall be upon
the applicant to demonstrate that the use of the existing structure
will not interfere with the signal emitted from other local communications
facilities and is otherwise technically feasible. In demonstrating
the above, the applicant shall demonstrate that the following circumstances
apply:
(1)
Use of the structure will not require an expansion
and the addition of a local facility does not harm the character and
integrity of the existing structure.
(2)
Use of the structure will require an expansion in
height but not in excess of 50% of its current height, area or massing
profile.
(3)
The applicant shall agree that if a new tower is approved,
co-location will be permitted unless technically infeasible. The applicant
shall also agree that all of the local communications facilities under
its control within the municipality shall be made available for co-location
purposes.
C.
Local communications facilities shall be located in
order of preference as follows:
(1)
Existing structures whose appearance would not be
significantly altered (no more than de minimis change in their mass
or height and no impact upon a historic structure so designated as
such by the State of New Jersey);
(2)
Other structures whose appearance would be significantly
altered, provided that the visual impact of the former would not exceed
the eligible undeveloped sites; and
(3)
Undeveloped sites eligible for a new tower.
D.
In the event that the applicant shall demonstrate
that it cannot locate its antenna on an existing tower as set forth
above, the wireless communications tower shall be a conditional use
in any zone other than a residential district. The location of a wireless
telecommunications tower within a residential zone shall only be permitted
when the applicant demonstrates that it cannot locate the antenna
on an existing tower structure or in any nonresidential zone, and
the failure to do same shall have the effect of prohibiting the provision
of personal wireless services. The above must be demonstrated to the
Board by competent testimony by a radiofrequency engineer, and sufficient
evidence must be provided to the Board that the antenna cannot be
located on an existing tower or in a nonresidential area.
E.
In the event that the applicant cannot locate said
telecommunications antenna on an existing tower, the applicant shall
first attempt to locate a vacant parcel of public land and enter into
a agreement with the owner of said land. The location of said tower
shall be 500 feet from any existing structure and 250 feet from any
residential zone. In the event that the applicant cannot locate a
new tower on vacant public land as set forth above, the applicant
must demonstrate to the Board by sufficient evidence that it has attempted
to accomplish the above prior to attempting to locate the new telecommunications
tower in another zone.
F.
No new tower shall be built, constructed or erected
in the City unless the tower is capable of supporting another person's
telecommunications facility comparable in weight, size and surface
area to the telecommunications facility installed by the applicant
on the tower.
G.
The City may seek, at the applicant's expense, independent
expert advice on the specific locational need for design, construction
and operation of a local communications facility to aid in the evaluation
of applications of such facilities.
H.
The applicant for a local communications facility
which involves construction of a freestanding tower more than 100
feet in height shall make space available on the tower to the municipality,
if technical operating requirements allow. The municipality shall
use such space solely for the installation of communications devices
for fire, police or emergency medical services.
I.
The applicant shall agree in writing to submit certifications
to the Planning/Zoning Board and the City of Northfield every five
years that the proposed communications facility is still in use and
that its height cannot be decreased because of operational needs.
In the event that the facility is oversized, same shall be reduced
to the minimum height necessary for operational needs, as determined
by the Planning/Zoning Board, within 12 months of the certification.
Wireless telecommunications antennas on existing
structures or buildings and wireless telecommunications towers shall
be located, designed and screened to blend with the existing natural
or built surroundings so as to minimize visual impacts through the
use of color and camouflaging, architectural treatment, landscaping,
and other available means, considering the need to be compatible with
the character of the community.
A.
Any accessory shed or other accessory structure shall
be built solely to house equipment essential to the operation of the
local communications facility and shall be designed, painted and/or
screened by year-round landscaping to blend in with the surrounding
environment to the extent possible, as determined by the Planning/Zoning
Board. The structure shall not exceed 10 feet in height or 100 square
feet in area, unless expressly authorized by the Planning/Zoning Board.
B.
Any access road to the facility shall be landscaped
or be oriented in such a way as to preclude a direct view of the facility
from a public venue.
C.
Secure fencing may be required if the Planning/Zoning
Board of the City determines it is necessary for the safe operation
of the facility.
D.
No artificial lighting may be attached to any communications
facility except as required by the FAA or other regulatory authority
with jurisdiction. Lighting of equipment and other structures shall
be shielded from abutting properties. Footcandle measurements at the
property line shall be 0.0 footcandle when measured at grade.
E.
No signs shall be attached to any local communications
facility except as is necessary to provide operational or maintenance
instructions or warnings to the general public. No sign will be attached
at a level more than 10 feet above grade. The use of the facility
for any form of advertising is prohibited.
F.
The clearing of the existing vegetation shall be the
minimum necessary for the construction of a new local communications
facility.
An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of § 215-132 above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70(c):
A.
Minimum lot size: as required by the zone district
in which located.
C.
Minimum setback for equipment compound from any property
line: the zone district setback requirements for an accessory structure.
E.
Maximum height of attached antenna: 10 feet beyond
the edge of the building or structure on which attached.
F.
The parcel of land upon which a tower is located must
provide access to at least one paved vehicular parking space on site.
Adequate area must exist for vehicles to turn around at the site.
All access roads to the site must be paved with asphalt or be of compacted
gravel.
Site plan applications shall include the following:
A.
All site plan details required by § 215-134, including the site boundaries; tower location and height; existing and proposed structures, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the tower itself; accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels. Tower height shall be measured from grade.
B.
A landscape plan drawn to scale generally showing
proposed landscaping, including species type, size, spacing, other
landscape features, and existing vegetation to be retained, removed
or replaced.
C.
An environmental impact study.
D.
A report from a qualified expert certifying that the
wireless telecommunications tower and equipment facility comply with
the latest structural and wind loading requirements as set forth in
the Building Officials and Code Administrators (BOCA) International,
Inc. Code, including a description of the number and type of antennas
it is designed to accommodate.
E.
A letter of commitment by the applicant to lease excess
space on the tower to other potential users at prevailing market rates
and conditions. The letter of commitment shall be recorded prior to
issuance of a building permit. The letter shall commit the tower owner
and successors in interest.
F.
Elevations of the proposed tower and accessory building,
generally depicting all proposed antennas, platforms, finish materials,
and all other accessory equipment.
G.
A copy of the lease (with confidential or proprietary
information redacted) or deed for the property.
H.
The wireless telecommunications tower shall be designed
and constructed so as to accommodate at least two antenna arrays of
separate telecommunication providers.
A.
The owner of the local communications facility shall
ensure that it is maintained in compliance with the applicable state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Alliance, as amended from
time to time. Such maintenance shall include, but is not limited to,
painting, structural integrity of the mount and security barrier,
and maintenance of the buffer area and landscaping. If, upon inspection,
the municipality concludes that a facility 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 the facility into compliance with such
standards. Failure to bring such facility into compliance within the
thirty-day period shall constitute grounds for removal of the facility
at the owner's expense.
B.
No application for installation of a local communications
facility shall be approved unless the applicant has submitted evidence
that a surety bond has been established which will provide for the
removal of the facility and the restoration of the disturbed area
within 12 months of its ceasing to operate. In any event, the municipality
shall, at the expense of the owner, remove any such facility which
has been out of operation for a period greater than 12 months.
C.
All local communications facilities shall be operated
in a manner consistent with the Guidelines for Evaluating the Environmental
Effects of Radiofrequency Radiation, as published from time to time
by the Federal Communications Commission.
D.
Local communications facilities adjacent to residential
or public recreational facilities shall not increase the ambient noise
level or cause any persistent level of vibration in excess of 50 dB
beyond the property lines of the parcel on which they are situated.
E.
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurements
of the noise and radiofrequency from the local communications facility.
Such measurements shall be made by a qualified technician who shall
certify that they are within the applicable limits.
A tower existing prior to the effective date
of this article which was in compliance with the City's zoning regulations
immediately prior to the effective date of this article may continue
in existence as a nonconforming structure. Such nonconforming structure
may be modified without complying with any of the additional requirements,
provided that:
A.
The tower is being modified or demolished and rebuilt
for the sole purpose of accommodating, within six months of the completion
of the modification or rebuild, additional telecommunications facilities
comparable in weight, size and surface area to the discrete operating
facilities of any person currently installed on the tower.
B.
An application for a development permit is made to
the City Planning/Zoning Board, which shall have the authority to
issue a development permit without further approval. The granting
of this permit is not to be considered a determination that the modified
or demolished and rebuilt tower is conforming.
C.
The height of the modified or rebuilt tower and telecommunications
facilities does not exceed the maximum height requirements set forth
in this chapter.
In the event that the use of a tower is discontinued
by the owner, the tower owner shall provide written notice to the
City of its intent to discontinue use and the date when said use shall
be discontinued. It shall be the obligation of the present owner to
take any and all necessary actions to obtain any governmental permits
necessary to dismantle the tower within six months from the time it
is no longer being used for telecommunications purposes and the governmental
approvals are obtained. In no event shall the tower exist in excess
of 12 months from the date of discontinued use. If any tower has ceased
to have been used for 365 consecutive days, the City shall notify
the owner, through its Zoning Officer, that the owner has violated
this section of this article. The owner shall have 30 days to show
by a preponderance of the evidence that the tower has been in use
or under repair during this period. Demonstration shall be made to
the Planning/Zoning Board. If the owner fails to show that the tower
has been in use or under repair during said period, the Planning/Zoning
Board shall issue a final determination of abandonment and the owner
shall have 75 days to apply to the FCC for dismantling of the tower
and, within 180 days of such approval, the owner must dismantle and
remove the tower. If no such FCC approval is necessary, then the tower
shall be dismantled and removed within 180 days from cessation of
use. It shall be the obligation of the owner to obtain any and all
federal and state approvals necessary to dismantle the tower.
