[Adopted 6-24-2002 by Ord. No. 04-02]
For the health, safety and general protection of the residents of the Borough of Leonia, the Mayor and Council wish to:
A. 
Regulate the construction and maintenance of towers, antennas and connected equipment and/or appurtenances in the Borough of Leonia;
B. 
Reasonably accommodate wireless and other telecommunications as may be required by the Federal Telecommunications Act of 1996 and by the Federal Communications Commission;
C. 
Minimize the number of antennas, towers or monopoles in the Borough and to encourage as an alternative the installation of wireless telecommunications antennas at or near the top of existing structures in certain zones;
D. 
Encourage the collocation of wireless telecommunications antennas on as few structures as necessary, rather than locating such antennas each on separate structures;
E. 
Mitigate the visual impacts from wireless telecommunications antennas and towers in all areas through proper location and through the use of creative and compatible design;
F. 
Protect residential areas and schools from encroachment by incompatible uses, specifically wireless telecommunications antennas, and to provide for the appropriate separation of residential uses and schools and wireless telecommunications antennas to the extent towers or antennas are proven necessary, to require their location only on properties or structures which do not include residential uses;
G. 
Avoid the potential damages to adjacent properties from tower or antenna failure or from falling ice from such structures through stringent engineering and siting of tower structures.
As used herein, the following terms shall have the meanings indicated:
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 communication signals excluding television reception and satellite receiving dishes.
PREEXISTING TOWERS AND PRE-EXISTING ANTENNAS
Any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the Borough Council, 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.
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 monopole towers but not self-supporting lattice towers or guyed towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, wireless telecommunications towers, alternative tower structures, and the like. The term shall include the structure and any support thereof.
WIRELESS TELECOMMUNICATION COMPOUND
A defined area which includes any combination of wireless telecommunication structures, buildings, antennas, equipment cabinets, fencing and/or towers.
All towers, antennas or other such equipment shall require site plan approval, and, in addition to the requirements for site plan review (Chapter 236 of the Code of the Borough of Leonia), any applicant for a tower or wireless telecommunication tower shall be required to perform a crane or balloon test, with public notice (10 days prior to scheduled test) required to both the Borough, and the surrounding property owners within 200 feet, with a legal notice in a newspaper of general circulation if a new tower or wireless communications tower is proposed. Computer simulations of what the proposed tower will look like are required whenever a new or modified tower is provided. The simulation should depict what the installation will look like from all nearby residential and commercial areas from various distances and locations.
Wireless telecommunications antennas, but not wireless telecommunications towers or towers, shall be permitted as a conditional use in the LI-1 Commerce and Light Industrial District, LI-2 Light Industrial and Commerce District, P Park Districts abutting or adjacent to an OR Office Business District, if attached at or near the top of an existing structure, only if the following conditions are complied with:
A. 
All antennas shall be subject to these conditions.
B. 
Antennas shall be regulated and permitted pursuant to this article, and shall not be regulated or permitted as essential services, public or private utilities.
C. 
All antennas shall be secured in a reasonable manner in consideration of the height, weight, other dimensions and anticipated wind resistance of the antenna.
D. 
No antenna shall be more than 10 feet in height, as measured from the ground if ground-mounted, or 10 feet in height above the roof of the building if roof-mounted.
E. 
No wireless telecommunications antenna shall be placed or erected within 200 feet of any residential zone (Zones A-1, A-2, A-3, A-4) or school except as specifically permitted pursuant to this chapter. No wireless telecommunications antenna shall be placed or erected in any residential zone within the Borough of Leonia.
F. 
Demonstration of need and minimal negative 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. The applicant shall also demonstrate that the development results in the minimal negative impact to the community and surrounding neighborhood. As part of this requirement, the applicant shall demonstrate at least, but not necessarily limited to, the following:
(1) 
That the area to be served by the antenna(s) does not presently have industry-wide adequate wireless telecommunications as required by the Federal Communications Commission and that the proposed antenna(s) will remedy such deficiency.
(2) 
That the applicant is a licensed provider of wireless telecommunications services by the Federal Communications Commission and that all requisite franchises including, but not limited to, franchises from other communications carriers, have been obtained for provision of such services.
(3) 
That collocation of the antenna on other existing or pending structures, either within or outside the Borough of Leonia, is either not practical in order to provide adequate communication or that the visual impact to the community from the proposed tower and/or antenna on the site is less than would exist at such alternative locations. The applicant shall submit an inventory of all existing antenna towers, building-mounted antennas or sites approved or pending approval, as well as all other tall buildings, water towers, utility towers and similar structures that could theoretically serve as an alternative location for the proposed antenna. The applicant shall also identify the various cellular telecommunications service providers within such distance and the type and location of the antennas of such providers within the aforesaid area.
(4) 
That the design and technology proposed is the least visually intrusive of various suitable designs and technologies. Evaluation of alternative technologies shall include, but not necessarily be limited to, the use of digital technology, the use of a cable microcell network using multiple low power transmitters and receivers attached to a wire line and the use of more numerous, but lower-in-height, antennas.
G. 
Mitigation of visual impact. All wireless telecommunications antennas shall be designed to mitigate negative visual impacts, as required below:
(1) 
The base of any antenna support structure and any structures accessory to or servicing the tower and antenna structure, except for buildings, shall be screened from the street and adjacent properties in a manner acceptable to the Board.
(2) 
If deemed necessary by the Board to mitigate the visual impact of the antenna and related structures, the color, materials and design of the entire antenna and related structures shall be required to be modified in appearance so as to blend in with the surrounding environment, as determined by the Board to be appropriate in the particular situation.
(3) 
Any ancillary support equipment including but not limited to cabinets and/or buildings shall be installed on the building roof; inside the principal building or in the rear yard. If installed in the rear yard, such cabinets and/or buildings shall meet the setback, buffer and other requirements of accessory structures in the zone that it is located.
(4) 
The cabinets and/or buildings, if installed in the rear yard, shall be screened with a wood fence, seven feet high surrounded by landscaping.
H. 
Periodic inspection/proof of need. The applicant shall be required to submit to the Borough Engineer annual certifications that the installed equipment has been inspected and that it continues to meet all applicable safety standards and continues to comply with all the requirements of approval. The cost of such review by the Borough Engineer shall be borne by the applicant. In the event that safety standards requirements or conditions are no longer complied with, the applicant shall be required to correct such deficiencies or to remove the antennas and related structures, as applicable. All antennas shall be positioned in accordance with the highest FCC safety standards possible, including, but not limited to, capability to withstand wind conditions of 125 miles per hour.
I. 
Removal upon termination of use. All wireless telecommunications antennas and related structures and equipment shall be removed when same are unused or abandoned. Such removal shall take place within three months of such lack of use or abandonment. A copy of the relevant portions of a signed lease or deed restriction, as applicable, which requires removal of the antenna and related structures and equipment as required shall be provided to the Board. Failure to remove the antennas and related structures and equipment shall be deemed to be a violation of this chapter and shall be subject to the penalties and remedies set forth by this chapter.
Towers and/or wireless telecommunications towers shall be permitted as a conditional use only in the LI-2 Light Industrial District and in a P Park District abutting or adjacent to an OB Office Business District; and in addition to the general conditions for wireless telecommunications antennas in § 290-86 above, the following additional conditions shall apply to towers and/or wireless telecommunications towers:
A. 
No tower, wireless telecommunications tower or antenna structure shall exceed 120 feet above the normal grade at the base of such tower or structure. Towers shall not include lattice or guyed towers. Any buildings or equipment accessory to or servicing the tower, wireless telecommunications tower or antenna shall conform to the height requirements otherwise applicable in the zone district.
B. 
Any tower, wireless telecommunications tower or antenna structure shall be set back from any property line a distance equal to or greater than the height of the tower and antenna. Any buildings or equipment accessory to or servicing the tower, wireless telecommunications tower or antenna shall conform to the setback requirements otherwise applicable in the zone district.
C. 
Any tower or wireless telecommunication tower shall conform to the zoning requirements of the district in which it is located unless modified by this chapter.
D. 
Any proposed tower, wireless telecommunications tower or antenna and related structures shall be designed, structurally, electrically and in all respects, to accommodate both the applicant's antennas and additional antennas that may be installed in the future by the applicant or other telecommunications service providers as required below, unless the applicant demonstrates to the satisfaction of the Board that such collocation is not feasible or necessary to minimize the number or visible impact of future antennas.
(1) 
The tower shall provide space for the antennas and related structures of at least two additional users.
(2) 
The antennas and related structures shall be designed for future rearrangement of antennas and to accept antennas mounted at varying heights.
(3) 
The applicant shall provide a letter of commitment, submitted prior to any approval by the 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.
(4) 
If the foregoing design for collocation requires additional antenna height or structures beyond that necessary for a single-user installation or beyond that permitted above, the Board, in determining the acceptable design, shall balance the benefits and probability of collocation against any detriments resulting from such additional antenna height or structures and may waive such collocation requirement if the detriments to the public welfare outweigh the benefits.
In addition to the general conditions for wireless telecommunications antennas in §§ 290-86 and 290-87 above, the following additional conditions shall apply to wireless telecommunications antennas mounted on an existing structure:
A. 
The existing structure shall be at least 35 feet in height.
B. 
The antenna(s) shall be located at or near the top of the existing structure.
C. 
The height of such antenna and related structures above the ground shall not exceed the height above the ground of the existing structure in the location of the antenna by more than 10 feet.
D. 
The antenna and related structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted.
[Added 4-5-2021 by Ord. No. 2021-01]
Notwithstanding anything else in Chapter 290, Zoning, of the Code of the Borough of Leonia, the installation of antennas, small cells and other communication devices and associated equipment in the public municipal roadway, either on existing or new poles, is permitted if a right-of-way use agreement and right-of-way permits are obtained under Code § 247-6.1, Communication facilities right-of-way permits.