[HISTORY: Adopted by the City Council of
the City of East Orange 12-24-2002 by Ord. No. 20-2002. Amendments noted where applicable.]
The purpose of this chapter is to provide sound
land use policies, procedures and regulations for personal wireless
telecommunications facilities to protect the East Orange community
from the visual or other adverse impacts of these facilities while
encouraging their unobtrusive development to provide comprehensive
wireless telecommunications service in the East Orange community with
its benefits to residents and businesses. The chapter expresses a
preference that antennas be located on existing buildings and towers,
preferably on municipal or other public property, and not on newly
constructed telecommunications towers and encourages co-location and
site-sharing of new and existing PWTFs.
As used in this chapter, the following terms
shall have the meanings indicated:
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement of a PWTF on a
structure owned or operated by a utility or other public entity.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEFs.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA), 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.
A.
Height standards. Where permitted, PWTFs may exceed
the maximum building height limitations, provided the height has the
least visual impact and is not greater than required to achieve service
area requirements and potential co-location, when visually appropriate.
PWTEFs are limited to 12 feet in height.
B.
Setback standards.
(1)
All PWTFs and PWTEFs shall be subject to the minimum
yard requirements of the zoning district in which they are located,
provided the minimum setback may be increased where necessary to address
safety concerns.
(2)
If PWTFs are located on the roof of the building,
the area of the PWTEFs and other equipment and structures shall not
occupy more than 25% of the roof area. The location on the roof shall
be determined on a case-by-case basis.
A.
Locational priority. If needed in accordance with
an overall comprehensive plan for the provision of full wireless communications
service within the East Orange community, PWTFs and PWTEFs shall be
permitted as a conditional use at the following prioritized locations:
(1)
The first priority location shall be lands or structures
owned by the City of East Orange;
(2)
The second priority location shall be on lands or
structures owned by the East Orange School District;
(3)
The third priority location shall be co-location on
existing PWTFs (or existing water tanks), provided that the new installation
does not increase the height by more than 10%; and
(4)
The fourth priority location shall be such locations
as the applicant proves are essential to provide required service
to the East Orange community.
B.
Conditional use standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under § 262-4A shall be deemed more acceptable than lower priority sites.
(1)
Sites for PWTFs and PWTEFs must demonstrate that they
provide the least visual impact on residential areas and public way.
All potential visual impacts must be analyzed to illustrate the selected
site provides the best opportunity to minimize the visual impact of
the proposed facility.
(2)
PWTEFs should be located to avoid being visually solitary
or prominent when viewed from residential areas and the public way.
The facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
(3)
PWTFs and PWTEFs shall be placed to ensure that historically
significant viewscapes, streetscapes and landscapes are protected.
The views of and vistas from architecturally and/or significant structures
should not be impaired or diminished by the placement of telecommunications
facilities.
The following design standards shall apply to
PWTFs and PWTEFs installed or constructed pursuant to the terms of
this chapter:
A.
Fencing and other safety devices. PWTFs and PWTEFs
shall be surrounded by a security feature such as a fence. All towers
shall be designed with anticlimbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required,
as needed, and as approved by the Planning Board.
B.
Landscaping. Landscaping shall be provided along the
perimeter of the security fence to provide a visual screen or buffer
for adjoining private properties and the public right-of-way. Required
front yard setback areas shall be landscaped. All PWTEFs shall be
screened by an evergreen hedge eight to ten feet in height at planting
time and/or a solid fence eight feet in height.
C.
Signs. Signs shall not be permitted except for signs
displaying owner contact information, warnings, equipment information
and safety instructions. Such signs shall not exceed two square feet
in area. No commercial advertising shall be permitted on any PWTF
or PWTEF.
D.
Color. PWTFs shall be of a color appropriate to the
tower's locational context and to make it as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
E.
Activity and access. All equipment shall be designed
and automated to the greatest extent possible in order to reduce the
need for on-site maintenance and thereby to minimize the need for
vehicular trips to and from the site, Access shall be from established
site access points whenever possible. Minimal off-street parking shall
be permitted as needed and as approved by the Planning Board.
F.
Dish antennas. Dish antennas shall be colored, camouflaged
or screened to make them as unobtrusive as possible, and in no case
shall the diameter of a dish antenna exceed six feet.
G.
Lighting. No lighting is permitted except as follows:
(1)
PWTEFs enclosing electronic equipment may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
(2)
No lighting is permitted on a PWTF 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.
H.
Monopole. Any proposed new telecommunications tower
shall be a monopole unless the applicant can demonstrate that a different
type pole is necessary for the co-location of additional antennas
on the tower. Such towers may employ camouflage technology.
J.
Radio frequency emissions. The FTA gives the FCC sole
jurisdiction of the field of regulation of radio frequency (RF) emission,
and PWTFs which meet the FCC standards shall not be conditioned or
denied on the basis of RF impacts. Applicants shall provide current
FCC information concerning PWTFs and radio frequency emission standards.
PWTFs shall be required to provide information on the projected power
density of the proposed facility and how this meets the FCC standards.
K.
Structural integrity. PWTFs must be constructed to
the Electronic Industries Association/Telecommunications Industries
Association (EIA/TIA) 222 Revision F Standard, entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures,"
(or equivalent), as it may be updated or amended.
L.
Maintenance. PWTFs shall be maintained to assure their
continued structural integrity. The owner of the PWTF shall also perform
such other maintenance of the structure and of the site as to assure
that it does not create a visual nuisance.
A.
The Director of Public Works shall maintain an inventory
of existing PWTF locations within or near the East Orange community.
B.
An applicant proposing a PWTF at a new location shall
demonstrate that it made a reasonable attempt to find a co-location
site acceptable to engineering standards and that none was practically
or economically feasible.
C.
Each applicant for a PWTF shall be accompanied by
a plan which shall reference all existing PWTF locations in the applicant's
City of East Orange inventory, any such facilities in the abutting
towns which provide service to areas within the City of East Orange,
any changes proposed within the following twelve-month period, including
plans for new locations and the discontinuance or relocation of existing
facilities.
D.
Each application shall include a site location alternative
analysis describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(1)
How the proposed location of the PWTF relates to the
objective of providing full wireless communication services within
the City of East Orange at the time full service is provided by the
applicant throughout the City of East Orange.
(2)
How the proposed location of the proposed PWTF relates
to the location of any existing antennas within and near the City
of East Orange.
(3)
How the proposed location of the proposed PWTF relates
to the anticipated need for additional antennas within and near the
City of East Orange.
(4)
How the plan specifically relates to and is coordinated
with the needs of all other providers or wireless communication services
within the City of East Orange.
E.
The Planning Board may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternatives analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with the City's escrow provisions.
A.
Any PWTF that is not operated for a continuous period
of 12 months shall be considered abandoned. If there are two or more
users of a single PWTF, then the abandonment shall not become effective
until all users cease using the PWTF for a continuous period of 12
months. The owner of such PWTF shall remove same within 90 days of
notice from the Zoning Officer that the PWTF is abandoned. If such
PWTF is not removed within said 90 days, the municipality may remove
such PWTF at the property owner's expense.
B.
If the facility is to be retained, the provider(s)
shall establish that the facility will be reused within one year of
such discontinuance. If a facility is not reused within one year,
a demolition permit shall be obtained and the facility removed. At
the discretion of the Zoning Officer, upon good cause shown, the one-year
reuse period may be extended for a period not to exceed one additional
year.
PWTFs in existence on the date of the adoption
of this chapter which do not comply with the requirements of this
chapter (nonconforming PWTFs) are subject to the following provisions:
A.
Nonconforming PWTFs may continue in use for the purpose
now used, but may not be expanded without complying with this chapter.
B.
Nonconforming PWTFs which are partially damaged or
destroyed due to any reason or cause may be repaired and restored
to their former use, location and physical dimensions, subject to
obtaining a building permit therefor, but without otherwise complying
with this chapter. If the destruction is greater than partial, then
repair or restoration will require compliance with this chapter.
C.
The owner of any nonconforming PWTF may repair, rebuild
and/or upgrade such PWTF (but not expand or increase its height or
reduce its setbacks), in order to improve the structural integrity
of the facility, to allow the facility to accommodate co-located antennas
or facilities, or to upgrade the facilities to current engineering,
technological or communications standards, without having to conform
to the provisions of this chapter.
In addition to the applicable documentation
and items of information required for site plan approval, the following
additional documentation and items of information are required to
be submitted to the Planning Board for review and approval as part
of the site plan submission:
A.
Documentation by a qualified expert regarding the
capacity of any proposed PWTF for the number and type of antennas;
B.
Documentation by a qualified expert that any proposed
PWTF will have sufficient structural integrity to support the proposed
antennas and the anticipated future co-located antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunication Industry Association
(TIA) have been met;
C.
A letter of intent by the applicant, in a form which
is reviewed and approved by the Office of Corporation Counsel, indicating
that the applicant will share the use of any PWTF with other approved
providers of wireless communication services; and
D.
A visual impact study, graphically simulating through
models, computer-enhanced graphics, or similar techniques, the appearance
of any proposed tower and indicating its view from at least the five
locations around and within 2,000 feet of the proposed PWTF where
the PWTF will be most visible. Aerial photographs of the impact area
shall also be submitted.
