Beach Haven City Zoning Code
§ 212-28
Wireless telecommunications towers and antennas.
[Added 10-11-2005 by Ord. No. 2005-20]
A.
Purpose.
(1)
The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas.
(2)
The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(b)
Encourage the location of towers in nonresidential areas;
(c)
Minimize the total number of towers throughout the community;
(d)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(e)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f)
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;
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(h)
Consider the public health and safety of communication towers; and
(i)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(3)
In furtherance of these goals, the Borough of Beach Haven shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses, Historic District and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK FAA FCC HEIGHT PREEXISTING TOWERS AND PREEXISTING ANTENNAS TOWER
Definitions. As used in this section, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, 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 towers/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 tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers 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 communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. this section shall not govern any tower, or the installation of any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas. The land use regulations as contained in the Code of the Borough of Beach Haven shall apply.
(4)
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one 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. Additional tower units may be added within the perimeter of the AM array by right.
D.
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 Borough Manager an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Beach Haven or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Borough Manager may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Beach Haven, provided, however that the Borough Manager is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Amended 12-13-2010 by Ord. No. 2010-26]
(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.
(c)
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.
(5)
Lighting. Towers shall not be artificially lighted, unless requited by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(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 including but not limited to the NJDEP and CAFRA 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 section shall bring such towers and antennas into compliance with such revised standards and regulations within six 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 including but not limited to the New Jersey Uniform Construction Code 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 of Beach Haven 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 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 of Beach Haven irrespective of municipal and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
(10)
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 of Beach Haven have been obtained and shall file a copy of all required franchises with the Borough Manager.
[Amended 12-13-2010 by Ord. No. 2010-26]
(11)
Public notice. For purposes of this section, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice be given in accordance with the provision of the Land Use Ordinance, and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
(12)
Signs. No signs shall be allowed on an antenna or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(14)
Multiple antenna/tower plan. The Borough of Beach Haven encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
E.
Permitted uses. The following uses are specifically permitted:
(1)
Antennas or towers located on real 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, specifically to be located on Block 133, Lot 2, as shown on the Tax Map of the Borough of Beach Haven, New Jersey. Although allowed as permitted uses, antennas and towers, as described herein, shall require the issuance of a conditional use permit by the Land Use Board of the Borough of Beach Haven.
(2)
Antennas or towers may be permitted on nonmunicipal real property in the Business District Zone as specified in Chapter 212 of the Code of the Borough of Beach Haven upon submission and approval of the Land Use Board of a site plan and conditional use permit in accordance with the regulations set forth herein.
F.
Conditional use permits.
(1)
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Land Use Board:
(a)
A conditional use permit shall be required for the construction of a tower or placement of an antenna in all zoning districts.
(b)
Applications for special use permits under this section shall be subject to the procedures and requirements of the Code of the Borough of Beach Haven, except as modified in this section.
(c)
In granting a conditional use permit, the Land Use Board may impose conditions to the extent the Land Use 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 that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a New Jersey licensed professional engineer.
(e)
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by ordinance of the Borough of Beach Haven to reimburse the Borough for the costs of reviewing the application.
(2)
Towers.
(a)
Information required. In addition to any information required for applications for conditional use permits pursuant to the Code of the Borough of Beach Haven, applicants for a conditional use permit for a tower 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 Land Use Board to be necessary to assess compliance with this section.
[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, and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) 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.
[8]
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation 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 of Beach Haven based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(b)
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of a conditional use permit applications pursuant to the Code of the Borough of Beach Haven, the Land Use Board shall consider the following factors in determining whether to issue a special use permit, although the Land Use Board may waive or reduce the burden on the applicant of one or more of these criteria if the Land Use Board concludes that the goals of this section 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;
(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 Land Use Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Land Use Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of 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 electromagnetic interference with the antenna on 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 are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting 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 a conditional use permit is required; provided, however, that the Land Use Board may reduce the standard setback requirements if the goals of this section would be better served thereby:
(e)
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required.
[1]
Separation from off-site uses/designated areas.
[a]
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.
[b]
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 units1 | 200 feet or 300% 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 300% height of tower2, whichever is greater |
Vacant unplatted residentially zoned lands3 | 100 feet or 100% height of tower, whichever is greater |
Existing multifamily residential units greater than duplex units | 100 feet or 100% height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
1Includes modular homes and mobile homes used for living purposes. |
2Separation measured from base of tower to closest building setback line. |
3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex. |
[2]
Separation distances between towers.
[a]
Separation distances 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.
[b]
Table 2.
Table 2 | ||||
|---|---|---|---|---|
Existing Towers - Types | ||||
Lattice | Guyed | Monopole 75 feet in Height or Greater | 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 or Greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole Less than 75 feet in Height | 750 | 750 | 750 | 750 |
(f)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the Land Use Board may waive such requirements, as it deems appropriate.
(g)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Land Use Board may waive such requirements if the goals of this section 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 four feet wide outside the perimeter of the compound.
[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 65 square feet of gross floor area or be more than 10 feet in height.
(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 15% 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: in commercial or industrial districts, the equipment cabinet or structure shall be no greater than 10 feet in height or 65 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 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 eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure shall not contain more than 65 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.
H.
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Beach Haven notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
I.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting 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 section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Subsection I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in Subsection F(2)(d) and (e). The type, height, and location of the tower on site 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 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.