Bayonne City Zoning Code
§ 35-26.8
Location Preferences.
[Ord. No. O-01-34 § 8; Ord. No. O-03-37 § I]
Certain areas of the City are more appropriate for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area and/or the technical suitability of the particular site. Locating facilities in such areas can reduce adverse visual and aesthetic impacts of personal wireless service facilities City wide and help protect the health, safety and welfare of City residents.
Therefore, the location preferences and design criteria and guidelines and associated conditions of approval contained in this section are intended to improve any potential visual, aesthetic or neighborhood livability concerns while still facilitating growth of an industry that is important to the City's economic health and whose services are demanded by an increasing number of the City's residents, businesses, workers and visitors.
a.
Location of Facilities. Except for those facilities designated in subsection 35-26.3 to be exempt from City review, telecommunications facilities (including but not limited to equipment cabinets) may be located in only those zones and locations as indicated in paragraphs b, c and d below; and only in accordance with the following procedures:
1.
All applicants for a new facility shall make a good faith effort to locate in the listed "First Preference Location."
2.
Applicants who maintain that they are unable to locate in the "First Preference Location" must demonstrate why they need to locate in one of the areas less preferred.
3.
The applicant enumerated in paragraph 2 must demonstrate why each successive preference location below that of the "First Preference Location" cannot be utilized to provide service in the area in question.
b.
Preferred Locations. The following areas, locations and/or zoning districts constitute preferred locations for the siting of personal wireless telecommunications facilities:
1.
First Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities permitted in the Heavy Industrial Zones;
2.
Second Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities permitted in Light Industrial Zones;
3.
Third Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities permitted in the Highway Commercial/Selected Light Industrial District;
4.
Fourth Preference Location: Types 2 and 3 facilities on municipal property;
5.
Fifth Preference Location: Type 5 facilities in all zones;
6.
Sixth Preference Location: Type 1 facilities located on property owned, leased, or otherwise controlled by the City, provided a lease authorizing such tower has been approved by the City. The decision to extend such leases to an applicant shall be vested solely with the municipality, and shall not be governed by this section;
All of the locations listed above shall subject to the administrative approval procedure defined in this ordinance and shall not require Zoning Board or Planning Board processing. All applications for administrative approval shall be accompanied by an application fee of $1,000.
c.
Conditional Uses. The following uses may be approved by the appropriate Board as conditional uses and shall be considered the Eighth Preference Location.
1.
Antennas on Existing Towers Modified Pursuant to the Definition of a Type 1 Facility. An antenna may be attached to an existing tower in Heavy Industrial, Light Industrial or Highway Commercial Zones and shall be considered an Eighth Preference Location. To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one 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:
(a)
A tower that is modified or reconstructed to accommodate the colocation of an additional antenna shall be a monopole.
(b)
(c)
On-site location.
(1)
A tower, which is being rebuilt to accommodate the co-location of an additional antenna, may be moved on-site within 50 feet of its existing location.
(2)
After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
(3)
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower shall be subject to site plan approval by the Planning Board.
2.
New Towers. New monopoles may be constructed in a Heavy Industrial Zone, subject to the conditions outlined in this section, to hold antennas, and shall be considered a Ninth Preference Location. Lattice towers and any type of guyed towers are prohibited. In addition to any information required for applicants for conditional uses pursuant to this chapter, applicants for a conditional use for a tower shall submit the following information:
(a)
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 herein, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and other structures, topography, parking, and other information deemed by the Administrative Officer to be necessary to assess compliance with this section.
(b)
Legal description of the entire tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential unit and/or residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites 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).
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(g)
A description of compliance with this section and all applicable Federal, State and/or City laws, rules, regulations and/or ordinances.
(h)
A notarized statement by the applicant indicating how construction of the tower will accommodate co-location of additional antennas for future users.
(i)
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.
(j)
A description of the suitability of the use of existing towers or other structures not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k)
A description of the feasible location(s) of future towers or antennas within the City of Bayonne based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l)
(Reserved)
(m)
A statement of intent on whether excess space will be leased.
d.
(Reserved)
e.
Other than Preferred Location. All applications which propose to locate facilities anywhere other than a preferred location shall require a variance pursuant to N.J.S.A. 40:55D-70.d. In additional to all other requirements, a written opinion from an electronic/telecommunications/radio frequency engineer (or other professional consultant accepted as an expert by the Zoning Board of Adjustment may be required by the Zoning Board of Adjustment, describing: (a) what preferred locations are within the geographic service area; (b) why siting at a preferred location is not possible; (c) what good faith efforts and measures were taken to secure a more preferred location; (d) how and why such efforts were unsuccessful; and (e) how and why the proposed location is essential to meet service demands for the geographic service area.