[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 11-21-2000 by Ord. No. 25-00. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
A device used to transmit and/or receive radio or electromagnetic
waves between earth and/or outer space based structures.
An antenna that is intended for commercial transmission or reception
of personal wireless telephone services communications, and including commercial
mobile services communications and common carrier wireless exchange access
services, and also including any other accessory structures and equipment
necessary for such transmission or reception. A "freestanding cellular (wireless)
telecommunications antenna" is such an antenna supported by a tower, mast,
pole or similar structure designed primarily for supporting and raising the
vertical elevation of such antenna.
Cellular (wireless) telecommunication antenna are permitted as conditional uses in the zones and locations set forth in Subsection A hereof, subject to compliance with all other requirements in this chapter, Chapter 250, Zoning, and Chapter 212, Subdivision and Site Plan Review, provided that all of the following requirements are met.
A.
Permitted location; type of structure. Freestanding telecommunication
antennas are permitted as conditional use in the C-1, C-2, C-3, and C-4 Zones
and municipal property subject to Federal Communications Commission requirements.
B.
Proof of need and minimum impact. The applicant shall
be required to demonstrate that the development is the minimal necessary to
provide adequate communications as may be authorized by the Federal Communications
Commission. Included as part of this requirement, the applicant shall demonstrate
at least, but not necessarily limited to, the following:
(1)
That the technology proposed is the least visually intrusive
of various suitable technologies.
(2)
That the height of the antennas is the minimum necessary.
(3)
That collocation of the antenna on other existing antenna
structures, or that location at a less visible location, or that the use of
microcells, providing more numerous antennas at lower heights, either within
or outside the Borough of Florham Park, is either not practical in order to
provide adequate communication or that the visual impact to the community
on the proposed site is less than would exist at such alternative locations.
(4)
That the use of digital technology for other existing
and pending antennas in the area would not eliminate the need for the proposed
antenna.[1]
[1]
Editor's Note: Former Subsection B(5), regarding a site on municipal
property, which immediately followed this subsection, was repealed 9-18-2001
by Ord. No. 26-01.
C.
Maximum height. Buildings shall be subject to the applicable
height limit in the zone district. The height of antennas and related structures
and equipment other than buildings, where permitted, shall be subject to the
following height restrictions:
(1)
Freestanding antennas and related structures and equipment,
other than buildings, in the C-1, C-2, C-3, and C-4 zones and municipal property
in all zones shall not exceed 150 feet in height.
(2)
Freestanding antennas and related structures and equipment,
other than buildings, when mounted on the roof of an existing building, as
permitted herein, shall not exceed the height of such roof by more than 20
feet.
D.
Required yard location and minimum setbacks. The following
required locations and minimum setbacks shall apply:
(1)
Freestanding antennas shall not be located in the front
yard.
(2)
Antennas and related structures and equipment, when mounted
on an existing building roof as permitted herein, shall be located so as to
minimize any detrimental visual impact, as determined to be appropriate by
the Construction Official in the particular situation.
E.
F.
Mitigation of visual and secured impact. The base of
the antenna support structure and any related structures and equipment shall
be screened by a landscaped buffer and/or fencing material and secured from
the street and adjacent properties in a manner acceptable to the Planning
Board. If deemed necessary by the Planning Board to reasonably mitigate the
visual impact of the antenna and related structures and equipment, the color,
materials and design of the entire antenna and related structures and equipment
may be required to be modified in appearance so as to blend in with the surroundings,
as determined by the Planning Board to be appropriate to the site in the particular
situation. The foregoing may include, but shall not necessarily be limited
to, such modifications as special paint treatment, concealment through architectural
means such as a bell tower, steeple, etc., or the use of camouflage through
simulated foliage so as to appear as a tree.
[Amended 9-18-2001 by Ord. No. 26-01]
G.
May be additional principal use on lot. Notwithstanding
any provisions of this chapter to the contrary, a cellular tele-communications
antenna or antennas are permitted on the same lot as any other permitted principal
use or structure in the permitted zones.
H.
Design for future collocation.
(1)
Any proposed cellular telecommunications antenna and
related structures shall be designed, structurally, electrically and in all
respects, to accommodate both the applicant's antennas and comparable
antennas for at least two additional users if the antenna is over 100 feet
high. The antennas and related structures shall be designed for future rearrangement
of antennas and to accept antennas mounted at varying heights. If the foregoing
design for collocation requires additional antenna installation beyond that
permitted above, the Planning Board and Borough Engineer, in determining the
acceptable design, shall balance the benefits and probability of collocation
against any detriments resulting from such additional antenna height.
(2)
The foregoing requirements shall also include a letter
of commitment to the Borough Administrator by the applicant, submitted prior
to any application to the Planning Board, to lease excess space on the facility
to other potential users at reasonable rental rates and on reasonable terms.
The letter shall commit the owner of the antenna and related structures and
equipment, as well as any successors in interest.
I.
Abandonment; removal. The applicant shall annually notify
the Borough Administrator on behalf of the Borough of the number of users.
Wireless telecommunications towers and equipment which are not operated for
wireless telecommunications purposes for a continuous period of six months
shall be considered abandoned and shall be removed by the owner, at the owner's
expense. This removal shall occur within 90 days at the end of such six-month
period of inactivity. If such wireless telecommu-nications tower is not removed
within the ninety-day period, the municipality may remove the tower and its
structures at the owner's expense. If the facility is to be retained,
its owner shall provide proof that the facility will be reused within one
year of such discontinuation. If the facility is not used within one year,
a demolition permit shall be obtained and the facility removed. Upon removal,
the site shall be cleaned, cleared, restored and landscaped to preconstruction
conditions. To ensure the removal of abandoned towers and related telecommunications
facilities, the facility owner shall be responsible to post a bond at the
time a construction permit is issued to cover the costs of tower removal,
disposal and site restoration.
J.
Enforcement. This chapter is enforced by the Borough
Construction Official and/or Zoning Officer.
