Allendale City Zoning Code
ARTICLE VIIA
Wireless Communication Facilities
§ 270-48.1 Findings.
The Borough of Allendale makes the following specific findings with regard to wireless communications:
A.
The FCC requires holders of wireless communications licenses to build out their systems and provide reliable wireless communication services throughout their service areas. These FCC requirements impose a burden on the service providers to install wireless communication facilities in specified locations in order to close significant gaps in service and/or provide additional network capacity. This FCC mandate to build out the communication system does not preclude municipalities from utilizing local zoning authority to reasonably regulate construction of wireless facilities.
B.
The Telecommunications Act of 1996 preserves local zoning authority to reasonably regulate wireless communication facilities. However, municipalities may not prohibit or adopt regulations that have the effect of prohibiting wireless service. Further, municipalities may not unreasonably discriminate between and among wireless service providers. Lastly, since the FCC has exclusive jurisdiction over the regulation of radio frequency emissions, municipalities may not regulate or prohibit the installation of wireless communications facilities due to the perceived health or environmental effects of radio frequency emissions.
§ 270-48.2 Purpose.
A.
The purpose of this article is to establish general guidelines for the siting of wireless communications monopoles and antennas. The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse impacts of monopoles and antennas;
(2)
Require the location of towers in nonresidential zones;
(3)
Minimize the total number of towers throughout the community;
(4)
Require 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)
Enable the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(8)
Consider the public health and safety of communication towers, as appropriate; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Allendale shall give due consideration to the Borough of Allendale's master plan, zoning map, existing land uses, and environmentally sensitive areas in approving sites for the location of monopoles and antennas.
§ 270-48.3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or monopoles.
Any exterior transmitting or receiving device mounted on a monopole, 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.
The lines that connect a provider's monopole/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a monopole or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the monopole or other structure, including the base pad and any antennae.
A structure that is designed and constructed for the purpose of supporting one or more antennas for telephone, television, radio and similar communication purposes. The term includes the structure and any support thereto. The term "monopole" does not include self-supporting lattice or guyed towers.
Any monopole or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this article, including permitted monopoles or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purpose, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular towers, alternative tower structures and other similar towers. The term includes the structure and any supports thereunto: freestanding structures on which one or more antennas are located; including lattice towers, guyed towers, monopoles and similar structures.
Any personal wireless service as defined in the Federal Telecommunications Act of 1996 (FTA), which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications 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 operation or is used exclusively for receive-only antennas, nor does it include noncellular telephone services.
The required facilities for the provision of wireless communications services, including but not limited to antennas, antenna support structures, telecommunications towers and other related necessary support equipment and structures.
§ 270-48.4 Applicability.
B.
Amateur radio station operators/receive-only antennas. This article shall not govern any monopole or the installation of any antenna that is under 50 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas. Application for monopoles under this section shall be received and approved by the Planning Board.
C.
Preexisting monopoles or antennas. Preexisting monopoles and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 270-48.5F and G, absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.
D.
AM array. For purposes of implementing this article, an AM array, consisting of one or more monopole units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one monopole. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the monopoles included in the AM array. Additional monopole units may be added within the perimeter of the AM array, subject to the review of the Planning Board to ensure that the additional units do not violate any provisions in the Borough of Allendale's Zoning Code.
§ 270-48.5 General requirements.
A.
Principal or accessory use. Antennas and monopoles 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 monopole on such lot.
B.
Lot size. For purposes of determining whether the installation of a monopole or antenna complies with zone 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 monopoles may be located on leased parcels within such lot.
C.
Inventory of existing sites. Each application for an antenna and/or monopole shall provide to the Borough Engineer an inventory of its existing monopoles, antennas or sites approved for the monopole or antennas, as well as all sites where an application is pending, that are either within the jurisdiction of the Borough of Allendale or within five miles of the border thereof, including specific information about the location, height and design of each monopole. The Borough Engineer may share such information with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Borough of Allendale; provided, however, that the Borough Engineer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
Monopoles.
(1)
Information required. In addition to any information required for applications for conditional use permits pursuant to Chapter 33[1] of the Borough Code, applicants for a conditional use permit for a monopole shall submit the following information:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed monopole, 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 § 270-48.6A(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed monopole and any other structures, topography, parking and other information deemed by the Borough Engineer to be necessary to assess compliance with this article.
(b)
Legal description of the entire tract and leased parcel (if applicable).
(c)
The setback distance between the proposed monopole and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(d)
The separation distance from other monopoles described in the inventory of existing sites submitted pursuant to § 270-48.5C shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing monopole(s) and the owner/operator of the existing monopole(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction of the monopole will accommodate colocation of additional antennas for future users.
(i)
Identification of the entities providing the backhaul network for the monopole(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing monopoles, other structures or alternative technology not requiring the use of monopoles or structures to provide the services to be provided through the use of the proposed new monopole.
(k)
A description of the feasible location(s) of future monopoles or antennas within a two-mile radius surrounding the Borough of Allendale based upon existing physical, engineering, technological or geographical limitations in the event the proposed monopole is erected.
(l)
Every applicant seeking approval for, or to amend, an existing wireless communications facility shall submit a visual impact analysis. This analysis shall include both photos of existing conditions and computer generated photosimulations demonstrating how the telecommunications tower will look after construction/reconstruction of the site. The visual impact analysis shall be prepared from adjacent residential, parks and recreation, civic and/or business areas at distances of 400 feet, 800 feet, 1,500 feet and 2,600 feet in all directions from the location of the proposed or modified wireless communication facility.
(m)
A statement of intent on whether excess space will be leased.
E.
Aesthetics. Monopoles and antennas shall meet the following requirements:
(1)
Monopoles shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness. Such monopole may include a design commonly referred to as a "monopole tree" to provide camouflaging.
(2)
At a monopole 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.
(3)
If an antenna is installed on a structure other than a monopole, 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.
F.
Lighting. Monopoles shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least amount of disturbances to the surrounding views.
G.
State or federal requirements. All monopoles 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 monopoles and antennas. If such standards and regulations are changed, then the owners of the monopoles and antennas governed by this article shall bring such monopoles and antennas into compliance with such revised standards and regulations within 120 days 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 monopoles and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the monopole or antenna at the owner's expense.
H.
Building codes; safety standards. To ensure the structural integrity of monopoles, the owner of a monopole shall ensure that it is maintained in compliance with standards contained in applicable state, local and appropriate industry building codes. If, upon inspection, the Borough of Allendale concludes that a monopole 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 monopole, the owner shall have 30 days to bring such monopole into compliance with such standards. Failure to bring such monopole into compliance within said 30 days shall constitute grounds for the removal of the monopole or antenna at the owner's expense.
I.
Measurement. For purposes of measurement, monopole setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Allendale irrespective of municipal and county jurisdictional boundaries.
J.
Not essential services. Monopoles and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities, unless mandated by federal and state law.
K.
Franchises. Owners and/or operators of monopoles or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Allendale have been obtained and shall file a copy of all required franchises with the Borough Engineer.
L.
Public notice and hearing. For purposes of this article, any conditional use request, variance request, or appeal of an administratively approved use or conditional use 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 § 270-48.6A(5)(2), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. A public hearing must be held before the Allendale Planning Board for all conditional use requests under this article.
M.
Signs. No signs or advertisements shall be allowed on an antenna or monopole.
N.
Buildings and support equipment. Buildings and support equipment associated with antennas or monopoles shall comply with the requirements of § 270-48.7.
O.
Multiple antenna/monopole plan. The Borough of Allendale encourages the users of monopoles and antennas to submit a single application for approval of multiple monopoles and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
P.
Height. The maximum height of new monopoles shall not exceed 150 feet in height.
R.
In granting a conditional use permit, 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 monopole on adjoining properties.
S.
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
T.
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Borough Code for conditional use applications.
U.
Existing wireless communications facilities. It is the express intent of this article to minimize the number of telecommunications towers in the Borough of Allendale. One of the strategies employed to implement this intent is to encourage and require the joint use of existing and new tower sites as a primary option rather than construction of additional single-use towers. In furtherance of this strategy and notwithstanding any ordinance prohibitions to the contrary, an existing telecommunications tower can be modified, extended, or be reconstructed to accommodate antennas of additional wireless service providers upon review and approval of the Planning Board but only if the applicant complies with each and every requirement contained in § 270-48.5 of this article.
§ 270-48.6 Conditional use permits.
A.
General. The following provisions shall govern the issuance of conditional use permits for wireless communications facilities by the Planning Board.
(1)
Wireless communication facilities are a permitted conditional use in the D Industrial Zone District and the E Industrial Zone District. A wireless communication facility application shall comply with each of the following conditions to be considered a permitted conditional use and thereby vest jurisdiction with the Planning Board. If an applicant fails to comply with one or more of the following four conditions, the use is not permitted and an application to the Zoning Board of Adjustment pursuant to the Municipal Land Use Law of 1975, N.J.S.A. 40:55D-70d(3) is required.
(a)
Maximum height of the telecommunications tower shall not exceed 150 feet.
(b)
Telecommunications towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness. Such telecommunications tower may include a design commonly referred to as a "monopole" tree, or be of a flagpole design to provide camouflaging.
(c)
Lighting of telecommunications towers is not permitted, unless required by the FAA or other federal agency with jurisdiction over lighting. In such cases, the minimum required lighting of a wireless communications tower shall be the maximum allowed lighting under this article.
(d)
No signs or other forms of advertising shall be permitted in conjunction with a wireless communications facility except that this prohibition shall not extend to required hazard and safety signs.
(2)
Factors to be considered by the reviewing board in considering applications for wireless communications facilities. In their review of wireless communications facilities, the Planning Board or Zoning Board of Adjustment shall consider the following factors in their deliberations; said factors shall not be considered as conditions of nor attached to the conditional use:
(a)
Proximity of the monopole to residential structures and residential district boundaries;
(b)
Nature of uses on adjacent and nearby properties;
(c)
Surrounding topography;
(d)
Surrounding tree coverage and foliage;
(e)
Design of the monopole, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(f)
Proposed ingress and egress; and
(g)
Availability of suitable existing monopoles, other structures or alternative technologies not requiring the use of monopoles or structures, as discussed in § 270-48.6A(3) of this article.
(h)
Availability of proposed monopole to other potential users.
(3)
Availability of suitable existing monopoles, other structures or alternative technology. No new monopole shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing monopole, structure or alternative technology that does not require the use of monopoles or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing monopoles, other structures or alternative technology. Evidence submitted to demonstrate that no existing monopole, structure or alternative technology can accommodate the applicant's proposed antenna may consist of the following:
(a)
No existing monopoles or structures are located within the geographic area which meet applicant's engineering requirements.
(b)
Existing monopoles or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing monopoles or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing monopoles or structures, or the antenna on the existing monopoles or structures would cause interference with the applicant's proposed antenna.
(e)
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 are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing monopoles and structures unsuitable.
(4)
Setbacks. The following setback requirements shall apply to all wireless communications facilities for which a development application has been filed with the Planning Board or Board of Adjustment:
(a)
Monopoles must be set back a distances equal to at least 100% of the height of the monopole from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No monopole shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
(5)
Separation. The following separation requirements shall apply to all wireless communications facilities for which a development application has been filed with the Planning Board or Board of Adjustment:
(a)
Separation from off-site uses/designated areas.
[1]
Monopole separation shall be measured from the array line 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.
[2]
Separation requirements for monopoles shall comply with the minimum standards established in Table 1.
Table 1 | |
|---|---|
Off-site Use/Designated Area | Separation Distance |
Residential, public parks, schools or house of worship | 200 feet or 300% height of monopole, whichever is greater, from lot line |
Vacant residentially zoned land | 200 feet or 300% height of monopole, whichever is greater, from lot line |
Nonresidentially zoned lands or nonresidential uses | None; only zoning code setbacks apply |
(b)
Separation distances between monopoles. Separation distances between monopoles shall be applicable for and measured between the proposed monopole and preexisting monopoles. The separation distances shall be measured by drawing or following a straight line between the base of the existing monopole and the proposed base, pursuant to a site plan of the proposed/monopole. The separation distances (listed in the linear feet) shall be as shown in Table 2.
Table 2 | |||
|---|---|---|---|
Existing Monopoles – Types | |||
Lattice | Guyed | Monopole, 75 Feet In Height | Monopole, Less Than 75 Feet in Height |
Lattice 5,000 | 5,000 | 1,500 | 750 |
Guyed 5,000 | 5,000 | 1,500 | 750 |
Monopole, 75 feet in height 1,500 | 1,500 | 1,500 | 750 |
Monopole, less than 75 feet 750 | 750 | 750 | 750 |
(6)
Security fencing. Monopoles shall be enclosed by security fencing not less than six feet in height nor more than eight feet in height and shall also be equipped with an appropriate anti-climbing device.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding wireless communications facilities for which a development application has been filed with the Planning Board or Board of Adjustment:
(a)
Monopole facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the monopole compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
(b)
In locations where the visual impact of the monopole would be minimal, the landscaping requirement may be reduced.
(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 monopoles sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
§ 270-48.7 Buildings or other equipment storage.
A.
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1)
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 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.
(2)
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.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
B.
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:
(1)
In front or side yard, provided the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42-48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge, with an ultimate height of eight feet and a planted height of at least 48 inches.
(3)
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 six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
C.
Antennas located on monopoles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
§ 270-48.8 Removal of abandoned antennas and monopoles.
Any antenna or monopole that is not operated for a continuous period of nine months shall be considered abandoned and the owner of such antenna or monopole shall remove the same within 90 days of receipt of notice from the Borough of Allendale notifying the owner of such abandonment. Failure to remove an abandoned antenna or monopole within 90 days shall be grounds to remove the monopole or antenna at the owner's expense. If there are two or more users of a single monopole, then this provision shall not become effective until all users cease using the monopole. The Borough may condition the issuance of any permit to demolish or remove a monopole or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough ordinances.
§ 270-48.9 Existing monopoles.
A.
Rebuilding damaged or destroyed nonconforming monopoles or antennas.
(1)
Nonconforming monopoles or antennas that are damaged may not be rebuilt without having to first obtain administrative approval. They shall also meet the separation requirements specified in § 270-48.6A(4) and (5).
(2)
Nonconforming monopoles or antennas that are destroyed (more than 51%) may not be rebuilt without having to first obtain a conditional use permit. They shall also meet the separation requirements specified in § 270-48.6A(4) and (5).
(3)
The type, height and location of the monopole on site shall be of the same type and intensity as the original facility approval. Building permits to rebuilt the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the monopole or antenna shall be deemed abandoned as specified in § 270-48.8.
§ 270-48.10 Severability.
The various parts, sections and clauses of this article are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of the article shall not be affected thereby.
§ 270-48.11 Repealer.
Any ordinances or parts thereof in conflict with the provisions of this article are hereby repealed to the extent of such conflict.
§ 270-48.12 When effective.
This article shall take effect upon final passage and publication pursuant to law.