As used in this article, the following terms
shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, flagpoles, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
ANCILLARY FACILITIES
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunication systems including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment, and interconnect in the cabling runs and their support
structures.
ANTENNA
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
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, or the public switched telephone network.
BUFFER AREA
The area surrounding telecommunications towers and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
CARRIER
A company that provides wireless services.
COLOCATION
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
FAA
The Federal Aviation Administration.
FALL ZONE
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
FCC
The Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular radio, personal communication service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
GUYED TOWER
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
HEIGHT
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs
and cross bracing of structural steel.
MONOPOLE
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
MOUNT
The structure or surface upon which antennas are mounted,
including the following three types of mounts:
A.
Building-mounted. Mounted on the roof or the
side of a building.
B.
Ground-mounted. Antenna support (tower) mounted
on the ground.
C.
Structure-mounted. Mounted on or in a structure
other than a building.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna which has been lawfully erected prior
to the effective date of this article, including permitted towers
or antennas that have been approved but have not yet been constructed
so long as such approval is current and not expired.
RADIO FREQUENCY RADIATION (RFR)
For the purposes of this article shall mean the emissions
from personal wireless service facilities or any electromagnetic energy
within the frequency range from 0.003 MHZ to 300,000 MHZ.
STEALTH DESIGN
A telecommunication facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
TELECOMMUNICATIONS FACILITY
A facility designed and used for the purpose of transmitting,
receiving, and relaying voice and data signals from various wireless
communication devices including transmission towers, antennas and
ancillary facilities. For purposes of this article, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS or TRANSMISSION TOWER
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this article, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not "transmission towers."
WIRELESS COMMUNICATIONS
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC-licensed commercial
wireless telecommunications services including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive only antennas, nor does it include noncellular telephone
service.
The following site design standards shall apply
to wireless telecommunications facilities:
A. New towers.
(1) Telecommunications towers may not be located closer
than 200 feet to any residential zone. Antennas located on preexisting
buildings or structures are exempt from this requirement.
(2) Fall zone. A fall zone shall be established such that
the tower is setback 75% of the height of the tower from any adjoining
lot line or nonappurtenant building.
(3) Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height. Towers shall also be equipped
with appropriate anticlimbing measures.
(4) Landscaping. The following requirements shall govern
the landscaping surrounding towers:
(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
or any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least 10 feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
at the sole discretion of the approving authority.
(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 a sufficient buffer.
(5) Ancillary buildings. Any proposed building enclosing
related electronic equipment shall not be more than 10 feet in height
nor more than 200 square feet in area, and only one such building
shall be permitted on the lot for each provider of wireless telecommunications
services located on the site. Such buildings must satisfy the minimum
zoning district setback requirements for accessory structures.
(6) Aesthetics. Towers and antennas shall meet the following
requirements:
(a)
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.
(b)
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.
(7) Lighting. No lighting is permitted except as follows,
which shall be subject to review and approval by the approving board
as part of the site plan application:
(a)
The building enclosing electronic equipment
may have one light at the entrance to the building, provided that
the light is attached to the building, is focused downward and is
switched so that the light is turned on only when workers are at the
building; and
(b)
No lighting is permitted on a tower except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
(8) Signs. No signs are permitted except those required
by the Federal Communications Commission, the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) or by law, such as warning and equipment information signs.
B. Antennas mounted on existing structures or roof tops.
(1) Antennas on existing structures. Any antenna which
is not attached to a tower may be attached to any existing business,
industrial, office, utility or institutional structure in the M-C
and M-1 Zone Districts provided:
(a)
Side- and roof-mounted personal wireless service
facilities shall not project more than ten feet above the height of
an existing building or structure nor project more than ten feet above
the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may locate on a building
or structure that is legally nonconforming with respect to height,
provided that the facilities do not project above the existing building
or structure height.
(b)
The antenna complies with all applicable FCC
and FAA regulations.
(c)
The antenna complies with all applicable building
codes.
(d)
The equipment structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
48 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. 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. Equipment
storage buildings, structures or cabinets shall comply with all applicable
building codes.
(2) Aesthetics. 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.
C. Antennas on existing towers. An antenna may be attached
to a preexisting tower in a nonresidential zone and, to minimize adverse
visual impacts associated with the proliferation and clustering of
towers, colocation of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such colocation is accomplished in a manner consistent with
the following:
(1) A tower which is modified or reconstructed to accommodate
the colocation of an additional antenna shall be of the same tower
type as the existing tower, unless reconstruction as a monopole is
proposed.
(2) An existing tower may be modified or rebuilt to a
taller height, not to exceed the maximum tower height established
by this article.
(3) On-site location.
(a)
A tower which is being rebuilt to accommodate
the colocation of an additional antenna may be moved on-site within
50 feet of its existing location.
(b)
After the tower is rebuilt to accommodate colocation,
only one tower may remain on the site.
Wireless telecommunications facilities shall
be located and approved in accordance with the following prioritized
locations:
A. The first priority shall be an existing tower or an
existing or proposed water tower or standpipe owned by either a public
or private utility within or near the Borough of Palisades Park.
B. The second priority shall be new towers on lands owned
by the Borough of Palisades Park.
C. The third priority shall be an existing building in
the M-1 Zone District.
D. The fourth priority shall be new towers on lands not
owned by the Borough of Palisades Park located within the M-1 and
M-C Zone Districts.
In addition to the site plan submission requirements
of the development regulations, the following information shall be
submitted in conjunction with site plan approvals for all wireless
telecommunications facilities:
A. Comprehensive service plan. In order to provide proper
evidence that any proposed location of wireless telecommunications
antennas (and any supporting tower and/or ancillary building enclosing
related electronic equipment) has been planned to result in the fewest
number of towers within the Borough of Palisades Park at the time
fall service is provided by the applicant throughout the Borough,
the applicant shall submit a comprehensive service plan. Said comprehensive
service plan shall indicate how the applicant proposes to provide
full service throughout the Borough and, to the greatest extent possible,
said service plan shall also indicate how the applicant's plan is
coordinated with the needs of all other providers of telecommunication
services within the Borough of Palisades Park. The comprehensive service
plan shall indicate the following:
(1) Whether the applicant's subscribers can receive adequate
service from antennas located outside of the borders of the Borough
of Palisades Park.
(2) How the proposed location of the antennas relates
to the location of any existing towers within and/or near the Borough
of Palisades Park.
(3) How the proposed location of the antennas relates
to the anticipated need for additional antennas and supporting towers
within and/or near the Borough of Palisades Park by both the applicant
and by other providers of telecommunications services within the Borough
of Palisades Park.
(4) How the proposed location of the antennas relates
to the objective of colocating the antennas of different service carriers
on the same tower.
(5) How the proposed location of the antennas relates
to the overall objective of providing full telecommunications services
within the Borough of Palisades Park while, at the same, limiting
the number of towers to the fewest possible.
B. 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),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this article.
C. Legal description of the entire tract and leased parcel
(if applicable).
D. The setback distance between the proposed tower and
the nearest residential unit and residentially zoned properties.
E. The separation distance from other towers and antennas.
F. A landscape plan showing specific landscape materials
including, but not limited to, species type, size, spacing and existing
vegetation to be removed or retained.
G. Method of fencing and finished color and, if applicable,
the method of camouflage.
H. A description of compliance with all applicable federal,
state or local laws.
I. A notarized statement by the applicant as to whether
construction of the tower will accommodate colocation of additional
antennas for future users.
J. Identification of the entities providing the backhaul
network for the tower(s) described in the application and other telecommunication
sites owned or operated by the applicant in the Borough.
K. A letter of commitment to lease excess space to other
potential users at prevailing market rates and conditions. The letter
of commitment shall be in form suitable for recording with the County
Clerk prior to the issuance of any permit and shall commit the tower
owner(s), property owner(s) and their successors in interest.
L. A visual impact study containing, at a minimum, a
photographic simulation showing the appearance of the proposed tower,
antennas, and ancillary facilities from at least five points within
a three-mile radius. Such points shall be chosen by the carrier with
review and approval by the approving board or designee to ensure that
various potential views are represented.
M. An analysis of the RFR levels at the facility as a
means of assessing compliance with the FCC RF safety criteria. This
analysis shall:
(1) Take into consideration all colocated radio transmitting
antennas and/or nearby antennas that could contribute to RFR levels
at the facility.
(2) Be performed by a RF engineer, health physicist or
similar knowledgeable individual.
(3) Follow current methods recommended by the FCC for
performing such analyses.
[Added 12-16-2020 by Ord. No. 2020-10]
A. All applications for wireless facilities shall be submitted to Hoplite
for initial expert consultation and review on behalf of the Borough.
Said application shall be accompanied by a $2,000 application fee.
B. Hoplite Communications, LLC, is the Palisades Park Borough expert
consultant and point of contact for all wireless cell sites and matters
in the Borough.