§ 26-87. WIRELESS TELECOMMUNICATIONS FACILITIES.

a.

Purpose. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this section are to:

1.

Protect residential areas and land uses from potential adverse impacts of towers and antennas;

2.

Encourage the location of towers in non-residential areas;

3.

Minimize the total number of towers throughout the community.

4.

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers:

5.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

6.

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

7.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

8.

Consider the effect of communication towers on the public health and safety;

9.

Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures. In furtherance of these goals, the appropriate land use agency shall give due consideration to the Borough's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

b.

Applicability.

1.

New Towers and Antennas. All new towers or antennas in the Borough shall be subject to these regulations, except as provided in subsection c.2 through c.4., inclusive.

2.

Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any tower, or the installation of any antenna, that is under seventy (70′) feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

3.

Preexisting Towers or Antennas. Preexisting towers and pre-existing antennas shall not be required to meet the requirements of this chapter, other than the requirements of subsections c.6. and c.7. unless altered, renovated or modified in which event an application shall be made to the appropriate land use agency of the Borough as required hereunder.

4.

AM Array. For purposes of implementing this ordinance, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one (1) AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array.

c.

General Requirements.

1.

Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

2.

Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

3.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough or within one (1) mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer shall share such information with other applicants applying for development approvals under this ordinance or other organizations seeking to locate antennas within the jurisdiction of the Borough, provided, however that the sharing of such information shall not in any way constitute a representation or warranty that such sites are available or suitable.

4.

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 as well as resemble the architectural style of residential dwellings which may be proximate to the site.

(c)

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall 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.

5.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to surrounding views and shall be subject to applicable lighting standards as are elsewhere contained within the Borough Ordinances.

6.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations in accordance with law within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

7.

Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or Local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower 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 thirty (30) days to request a hearing or to bring such tower into compliance with such standards, unless the danger to the public safety and welfare posed by such failure warrants a shorter period of time for correction or removal. Failure to bring such tower into compliance within the allowed number of days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

8.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal and County jurisdictional boundaries.

9.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough have been obtained and shall file a copy of all required franchises with the Zoning Officer. In addition, an applicant before a land use agency of the Borough shall include such a certification together with a copy of all required franchises as part of the application submissions to said land use agency.

10.

Public Notice. For purposes of this chapter, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection f.2.(e)(1)(ii), Table 1, in addition to any notice otherwise required by the land development ordinance of the borough adopted under the enabling statute N.J.S.A. 40:55D-1 et. seq.

11.

Signs. No signs shall be allowed on an antenna or tower.

12.

Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection g. hereinafter.

13.

Multiple Antenna/Tower Plan. The Borough encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites, whenever more than a single site may be deemed necessary to service the Borough and the adjacent communities. Applications for approval of multiple sites shall be given priority in the review process.

e.

Permitted Uses.

1.

General. The uses listed in this section are deemed to be permitted uses and shall not require Board approval.

2.

Permitted Uses. The following uses are specifically permitted:

(a)

Antennas or towers located on property owned, leased, or otherwise controlled by the Borough provided a license or lease authorizing such antenna or tower has been approved by the Borough.

f.

Conditional Uses.

1.

General. The Planning Board may grant approval for towers and antennas as a permitted conditional use providing:

(a)

The construction, location, or placement of such tower or antenna as proposed is permitted as a conditional use within the zoning district (i.e. is within a zoning district designated as "Marine Waterfront" or "Industrial," it being the intention of this chapter that such towers and antennas are prohibited in all other zoning districts.

(b)

The applicant shall submit an application for the approval of such conditional use as is being proposed. The application shall be in such form as required by Borough Ordinance and the applicant shall pay such fees and costs as are required therein.

(c)

In addition to all such information and documentation as is generally required by the Borough's Ordinances or as may be reasonably requested by the Board, the applicant shall also submit the information required pursuant to subsection f.2.(a) and f.2.(c) hereof.

(d)

The Board shall review the application for approval and determine if the proposed use complies in particular with subsections c. and f.2.(d) and f.2.(e) as well as all other requirements hereof.

(e)

In connection with any such approval, in order to encourage shared use, the Board may, in addition to any general setback requirements, waive any setback requirements of subsection f.2.(d) or separation distances between towers of subsection f.2.(e) by up to fifty (50%) percent.

(f)

In connection with any such application, the Board may, in order to encourage the use of monopoles, permit reconstruction of an existing tower to monopole construction subject to approval by the Board.

(g)

If the proposed tower or antenna cannot be approved by the Planning Board as a conditional use, then the applicant shall be required to file an application for all necessary variances with the Zoning Board of Adjustment.

2.

List of Permitted Conditional Uses. The following conditional uses may be approved by the Planning Board after public hearing and review.

(a)

Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any Marine Waterfront or Industrial district, provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared providers of service proposed by the applicant; the Planning Board concludes the tower is in conformity with the goals set forth in subsection a. and the requirements of subsection c.; the tower meets the setback requirements in subsection f.2.(d) and separation distances in subsection f.2.(e); and the tower meets the following height and usage criteria:

(1)

For a single provider, up to ninety (90′) feet in height;

(2)

For two (2) providers, up to one hundred twenty (120′) feet in height; and

(3)

For three (3) or more providers, up to one hundred fifty (150′) feet in height.

(b)

Locating antennas on existing structures or towers consistent with the terms of subsections A. and B. below.

(1)

Antennas on Existing Structures. Any antenna which is not attached to a tower may be approved by the Planning Board as conditional, accessory use provided:

(i)

The antenna does not extend more than thirty (30) feet above the highest point of the structure;

(ii)

The antenna complies with all applicable FCC and FAA regulations; and

(iii)

The antenna complies with all applicable building codes.

(2)

Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the Planning Board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:

(i)

A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board allows reconstruction as a monopole.

(ii)

Height.

A.

An existing tower may be modified or rebuilt to a taller height, not to exceed thirty (30′) feet over the tower′s existing height, to accommodate the co-location of an additional antenna but in no event shall such tower exceed one hundred fifty (150′) feet in height.

B.

The additional height referred to in subsection A. above shall not require an additional distance separation as set forth in subsection (e) hereof. The tower's premodification height shall be used to calculate such distance separations.

(iii)

On-Site Location.

A.

A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within fifty (50′) feet of its existing location but in no case be located so as to cause a variation in the zone setback requirements.

B.

After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

C.

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection f.2.(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection f.2.(e).

D.

The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection f.2.(e) shall only be permitted when approved by the reviewing board.

(c)

Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

f.

Requirements for Approval as a Conditional Use.

1.

General. The following provisions shall govern the approval by the Planning Board of any towers or antennas as a permitted conditional use:

(a)

If the tower or antenna is not a permitted use under subsection d. above, then approval by the Planning Board as a permitted conditional use shall be required for the construction of a tower or the placement of an antenna in all zoning districts where same may be permitted as a conditional use in accordance with such conditions and requirements as are set forth herein.

(b)

Applications for conditional use approvals under this subsection shall be subject to the procedures and requirements for site plan approval as set forth in this chapter, except as modified and supplemented hereby.

(c)

In granting approval for any such conditional use, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(d)

Any information of an engineering nature whether civil, mechanical or electrical that the applicant submits, either in writing or in sworn testimony before any land use agency, shall be certified and/or sworn to by a professional engineer currently licensed by the State of New Jersey.

(e)

An applicant for a conditional use approval shall submit not only the information as generally required for applications to a land use agency of the Borough but all such information as is described herein following.

2.

Towers.

(a)

Information Required. In addition to any information required for applications pursuant to the land development ordinances of the Borough, applicants for an approval to permit a tower as a permitted conditional use shall submit the following information:

(1)

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), master plan classification of the site and all properties within the applicable separation distances set forth in subsection f.2.(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Planning Board to be necessary to assess compliance with this chapter;

(2)

Legal description of the parent tract and leased parcel (if applicable);

(3)

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, unplatted residentially zoned properties, public parks, schools and child/day care centers;

(4)

The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection c.3. above shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known;

(5)

A landscape plan showing specific landscape materials;

(6)

Method of fencing, and finished color and, if applicable, the method of camouflage and illumination;

(7)

A description of compliance with subsections c.3., 4., 5., 6., 7., 10., 12. and 13. f.2(d) and (e) and all applicable Federal, State or Local laws;

(8)

A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users;

(9)

Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality;

(10)

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower;

(11)

A description of the feasible location(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological, or geographical limitations in the event the proposed tower is erected.

(b)

Factors Considered in Granting Conditional Use Approval for Towers. In addition to any standards for consideration of applications for development pursuant to this chapter, the Planning Board shall consider the following factors in determining whether to approve a tower as a permitted conditional use, although the Planning Board may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Planning Board concludes that the goals of this chapter are better served thereby:

(1)

Height of the proposed tower;

(2)

Proximity of the tower to residential structures and residential district boundaries;

(3)

Nature of uses on adjacent and nearby properties;

(4)

Surrounding topography;

(5)

Surrounding tree coverage and foliage;

(6)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

Proposed ingress and egress; and

(8)

Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection f.2.(c) hereof.

(c)

Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that here is no alternative technology that does not require the use of towers or structures and that there is no existing tower or structure that can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that there is no alternative technology that does not require the use of towers or structures and that there is no existing tower or structure that can accommodate the applicant's proposed antenna, may consist of, but not be limited to, any of the following:

(1)

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements;

(2)

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements;

(3)

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

(4)

The applicant's proposed antenna would cause performance degradation to the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna;

(5)

The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development shall be presumed to be unreasonable;

(6)

The applicant demonstrates that there are other material factors that render existing towers and structures unsuitable;

(7)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(d)

Setbacks. The following setback requirements shall apply to all towers for which approval as a conditional use is required; provided, however, that the Planning Board may reduce the following setback requirements if the goals of this chapter would be better served thereby:

(1)

Towers must be set back a distance equal to at least seventy-five (75%) percent of the height of the tower from any adjoining non-residential lot line.

(2)

The height of a tower shall not exceed a distance equal to the distance between the tower base and any lot line coexistent with a residential use or residential zone line.

(3)

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(e)

Separation. The following separation requirements shall apply to all towers and antennas for which approval as a conditional use is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this ordinance would be better served thereby:

(1)

Separation from Off-Site Uses/Designated Areas.

(i)

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

(ii)

Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1
Off-Site Use/Designated Area	Separation Distance
Single-family or duplex residential units	200 feet or 10 times the height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 10 times the height of tower whichever is greater
Vacant unplatted residentially zoned lands	200 feet or 10 times the height of tower whichever is greater
Existing multi-family residential units greater than duplex units	200 feet or 10 times the height of tower from the exterior of the closest existing residential structure whichever is greater
Public parks, schools, child/day care centers except such uses located in the M-W, M-1, M-2, and ES zones	200 feet or 10 times the height of tower, whichever is greater
Non-residentially zoned lanes or nonresidential uses other than uses above listed	None; only setbacks apply
1 Includes modular homes and mobile homes used for living purposes. 2 Separation measured from base of tower to closest building setback line. 3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

 

(2)

Separation Distances Between Towers.

(i)

Separation distance between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2 Existing Towers—Types
	Lattice	Guyed	Monopole or Cellular/PCS 75 Ft in Height or Greater	Monopole Less Than 75 Ft in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole or cellular/PCS 75 ft in height or greater	1,500	1,500	1,500	750
Monopole less than 75 ft in height	750	750	750	750

 

(f)

Security Fencing. Towers shall be enclosed by security fencing not less than six (6′) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Board may waive such requirements, as it deems appropriate.

(g)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which an approval as a conditional use is required; provided, however, that the Planning Board may waive such requirements if the goals of this chapter would be better served thereby.

(1)

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. The standard buffer shall consist of a landscaped strip at least six (6′) feet wide outside the perimeter of the compound and eight (8′) feet high.

(2)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(3)

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 sufficient buffer.)

g.

Buildings or Other Equipment Storage.

1.

Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

(a)

The cabinet or structure shall not contain more than fifteen (15) square feet of gross floor area or be more than three (3′) feet in height. In addition, for buildings and structures which are less than sixty-five (65′) feet in height, the related unmanned equipment structure, if over ten (10) square feet of gross floor area or two (2′) feet in height, shall be located on the ground and shall not be located on the roof of the structure.

(b)

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 ten (10%) percent of the roof area.

(c)

Equipment storage buildings or cabinets shall comply with all applicable building codes.

2.

Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(a)

The equipment cabinet or structure shall be no greater than ten (10′) feet in height or two hundred (200) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight (8′) feet and a planted height of at least thirty-six (36″) inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence equal in height to the equipment cabinet or structure or an evergreen hedge with an ultimate height of eight (8′) feet and a planted height of at least thirty-six (36″) inches.

3.

Antennas Located on Towers. The related unmanned equipment structure shall not contain more than two hundred (200) square feet of gross floor area or be more than ten (10′) feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

4.

Modification of Building Size Requirements. The requirements of subsections g.1. through g.3. may be modified by the Planning Board to encourage co-location.

h.

Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Borough notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower, or request a hearing, within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

i.

Non-Conforming Uses.

1.

Not Expansion of Non-Conforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a non-conforming use or structure.

2.

Pre-Existing Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.

3.

Rebuilding Damaged or Destroyed Non-conforming Towers or Antennas. Notwithstanding subsection h., bona fide non-conforming towers or antennas that are damaged or destroyed may be rebuilt upon obtaining site plan approval from the appropriate land use agency but without having to meet the setback and separation requirements specified in subsections f.2.(d) and f.2.(e). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection h. above.

(Ord. #637-99)