Belleville City Zoning Code

§ 23-7.20

Wireless Communication Antenna.

[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]

Intent. To minimize the adverse impacts associated with the potential proliferation of communication towers, the Township of Belleville is pursuing a proactive policy of requiring collocation of wireless communication antenna by more than one carrier on existing towers and on new tower(s) at public site(s) which may be designated by the Township Committee.

Communication Antennae Not Attached to Towers. Any communication antenna which is not attached to a communication tower shall be a permitted ancillary use to any commercial, industrial, professional, institutional or multifamily structure, provided that:

The communication antenna does not exceed more than 20 feet above the highest point of the structure.

The communication antenna complies with all applicable FCC and FAA regulations.

The communication antenna complies with all applicable building codes.

Amateur radio antennae are exempt from this section.

Collocation of Communication Antennae on Existing Towers.

Collocation of communication antennae required. Proposed communication antennae are required to collocate onto existing communication or utility towers. Provided that such collocation is accomplished in a manner consistent with paragraphs c2 through c4, then such collocations are permitted by right.

Height.

An existing communication tower may be modified or rebuilt to a taller height, not to exceed 20 feet over such tower's existing height, to accommodate the collocation of an additional communication antenna.

The height change referred to herein may occur only one time per communication tower.

On-Site Location.

A communication tower which is being rebuilt to accommodate the collocation of additional communication antennae may be moved on site within 50 feet of its existing location.

Only one communication tower is permitted per lot.

Nonconforming Uses. Bona fide nonconforming communication towers or antennae damaged or destroyed may be rebuilt. 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 communications facility shall be deemed abandoned.

Design and Performance Standards.

Telecommunications Equipment Compound Design. The architectural design of the supporting equipment building shall incorporate a peaked roof and high quality building materials. The area devoted to the equipment compound shall be fenced and shall not exceed 1/4 acre.

Fencing. A chain-link fence or wall not less than eight feet in height from finished grade shall be provided around each communication tower and equipment building. Barbed wire may be used along the top of the fence or wall. Access to the tower shall be through a locked gate.

Landscaping. The visual impact of a communication tower and equipment building shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the Planning Board for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.

A row of shade trees a minimum of eight feet tall and a maximum of ten feet apart shall be planted around the perimeter of the fence.

A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above.

All landscaping shall be of the evergreen variety.

Method of Determining Communication Tower Height. For purposes of measurement, communication tower height shall include antenna, base pad and other appurtenances and shall be measured from finished grade of the parcel.

Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). The least intrusive type of lighting permitted by the FAA will be required.

Finished Color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or be painted non-contrasting blue, gray or black.

Structural Design. Communication towers shall be constructed to the EIA/TIA 222-E standards, as published by the Electronic Industries Association, which may be amended from time to time, and all Township construction/building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EWTIA 222-E standards.

Inspection.

The Township Committee may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required as follows:

Monopole towers: at least once every 10 years.

Self-support towers: at least once every five years.

Guyed towers: at least once every three years.

Inspections shall be conducted by an engineer licensed to practice in the State of New Jersey. The results of such inspections shall be provided to the Township Engineer. Based upon the results of an inspection, the Township Committee may require repair or removal of a communication tower.

Noninterference. Each application for special exception to allow construction of a communication tower shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., and service enjoyed by adjacent residential and nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the Township prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Township.

Approval Required from Other Governmental Agencies. Each application for a new or modified communication tower shall include written approval or a statement of no objection from other federal, state or county agencies 'that regulate communication tower siting, design and construction.

Collocation of Communication Antennae on Towers on Public Property.

Collocation Policy. The Township of Belleville shall plan for and accommodate the growing demand for communication antennae by collocating such new antennae on towers sited on publicly owned sites controlled or designated by the Township and which are appropriate locations for facilitating antenna transmission and for minimizing visual and other impacts on the public associated with communication antennae.

Public/Private Partnership to Implement Collocation Policy.

Any collocation communications will be installed, maintained and operated by a private business and/or regulated public utility on public property under lease agreement with the Township of Belleville pursuant to the Local Land and Law and/or Local Public Contracts law of the State of New Jersey and in compliance with the ordinance requirements of the Township.

In order to assure that any tower at the above reference location will accomplish the intent of this section, any lease agreement with the private operator or regulated public utility shall include, but not be limited to, the following requirements:

The tower will be constructed to be capable of supporting at least 200 antennas which meet radio frequency requirements.

The tower shall not exceed 225 feet from grade. Antenna space shall be rented to all interested carriers at a rate reflecting the fair market price for such services.

The tower shall comply with the design and performance standards set forth in paragraph d.

The private entity or regulated public utility which will install, maintain and operate the collocation tower will be selected through an open public bidding process under specifications and a lease agreement to be prepared for the Township Committee under applicable New Jersey law governing public-private agreements. Specifications will include, but not limited to, a demonstration of suitable past site management experience and compliance with prescribed construction standards with a cost and revenue analysis for the first five years of operation.

New communication antenna and towers shall be permitted by right in the BB-2 zone district subject to the applicable provision of this section.

Belleville City Zoning Code

§ 23-7.20

Wireless Communication Antenna.

[Ord. No. 3134; amended 4-12-2022 by Ord. No. 3644]

Intent. To minimize the adverse impacts associated with the potential proliferation of communication towers, the Township of Belleville is pursuing a proactive policy of requiring collocation of wireless communication antenna by more than one carrier on existing towers and on new tower(s) at public site(s) which may be designated by the Township Committee.

Communication Antennae Not Attached to Towers. Any communication antenna which is not attached to a communication tower shall be a permitted ancillary use to any commercial, industrial, professional, institutional or multifamily structure, provided that:

The communication antenna does not exceed more than 20 feet above the highest point of the structure.

The communication antenna complies with all applicable FCC and FAA regulations.

The communication antenna complies with all applicable building codes.

Amateur radio antennae are exempt from this section.

Collocation of Communication Antennae on Existing Towers.

Collocation of communication antennae required. Proposed communication antennae are required to collocate onto existing communication or utility towers. Provided that such collocation is accomplished in a manner consistent with paragraphs c2 through c4, then such collocations are permitted by right.

Height.

An existing communication tower may be modified or rebuilt to a taller height, not to exceed 20 feet over such tower's existing height, to accommodate the collocation of an additional communication antenna.

The height change referred to herein may occur only one time per communication tower.

On-Site Location.

A communication tower which is being rebuilt to accommodate the collocation of additional communication antennae may be moved on site within 50 feet of its existing location.

Only one communication tower is permitted per lot.

Nonconforming Uses. Bona fide nonconforming communication towers or antennae damaged or destroyed may be rebuilt. 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 communications facility shall be deemed abandoned.

Design and Performance Standards.

Telecommunications Equipment Compound Design. The architectural design of the supporting equipment building shall incorporate a peaked roof and high quality building materials. The area devoted to the equipment compound shall be fenced and shall not exceed 1/4 acre.

Fencing. A chain-link fence or wall not less than eight feet in height from finished grade shall be provided around each communication tower and equipment building. Barbed wire may be used along the top of the fence or wall. Access to the tower shall be through a locked gate.

Landscaping. The visual impact of a communication tower and equipment building shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower ancillary structures. The following landscaping and buffering shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the Planning Board for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.

A row of shade trees a minimum of eight feet tall and a maximum of ten feet apart shall be planted around the perimeter of the fence.

A continuous hedge at least 30 inches high at planting capable of growing to at least 36 inches in height within 18 months shall be planted in front of the tree line referenced above.

All landscaping shall be of the evergreen variety.

Method of Determining Communication Tower Height. For purposes of measurement, communication tower height shall include antenna, base pad and other appurtenances and shall be measured from finished grade of the parcel.

Illumination. Communication towers shall not be artificially lighted except to assure human safety or as required by the Federal Aviation Administration (FAA). The least intrusive type of lighting permitted by the FAA will be required.

Finished Color. Communication towers not requiring FAA painting/marking shall have either a galvanized finish or be painted non-contrasting blue, gray or black.

Structural Design. Communication towers shall be constructed to the EIA/TIA 222-E standards, as published by the Electronic Industries Association, which may be amended from time to time, and all Township construction/building codes. Further, any improvements and/or additions (i.e., antenna, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EWTIA 222-E standards.

Inspection.

The Township Committee may require periodic inspections of communication towers to ensure structural integrity. Such inspections may be required as follows:

Monopole towers: at least once every 10 years.

Self-support towers: at least once every five years.

Guyed towers: at least once every three years.

Inspections shall be conducted by an engineer licensed to practice in the State of New Jersey. The results of such inspections shall be provided to the Township Engineer. Based upon the results of an inspection, the Township Committee may require repair or removal of a communication tower.

Noninterference. Each application for special exception to allow construction of a communication tower shall include either a preliminary or a certified statement that the construction of the tower, including reception and transmission functions, will not interfere with the usual and customary transmission or reception of radio, television, etc., and service enjoyed by adjacent residential and nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the Township prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Township.

Approval Required from Other Governmental Agencies. Each application for a new or modified communication tower shall include written approval or a statement of no objection from other federal, state or county agencies 'that regulate communication tower siting, design and construction.

Collocation of Communication Antennae on Towers on Public Property.

Collocation Policy. The Township of Belleville shall plan for and accommodate the growing demand for communication antennae by collocating such new antennae on towers sited on publicly owned sites controlled or designated by the Township and which are appropriate locations for facilitating antenna transmission and for minimizing visual and other impacts on the public associated with communication antennae.

Public/Private Partnership to Implement Collocation Policy.

Any collocation communications will be installed, maintained and operated by a private business and/or regulated public utility on public property under lease agreement with the Township of Belleville pursuant to the Local Land and Law and/or Local Public Contracts law of the State of New Jersey and in compliance with the ordinance requirements of the Township.

In order to assure that any tower at the above reference location will accomplish the intent of this section, any lease agreement with the private operator or regulated public utility shall include, but not be limited to, the following requirements:

The tower will be constructed to be capable of supporting at least 200 antennas which meet radio frequency requirements.

The tower shall not exceed 225 feet from grade. Antenna space shall be rented to all interested carriers at a rate reflecting the fair market price for such services.

The tower shall comply with the design and performance standards set forth in paragraph d.

The private entity or regulated public utility which will install, maintain and operate the collocation tower will be selected through an open public bidding process under specifications and a lease agreement to be prepared for the Township Committee under applicable New Jersey law governing public-private agreements. Specifications will include, but not limited to, a demonstration of suitable past site management experience and compliance with prescribed construction standards with a cost and revenue analysis for the first five years of operation.

New communication antenna and towers shall be permitted by right in the BB-2 zone district subject to the applicable provision of this section.