Bernardsville City Zoning Code
§ LD-12-23.20
Wireless Telecommunication Use.
[Ord. #2003-1307 § 2]
Wireless telecommunication towers are not permitted. Application for the co-location of a new set of antennas on an existing wireless telecommunication tower without extension of the tower is a conditional use. The application shall conform to the standards set forth herein.
Wireless telecommunication uses are a permitted use if the antennas and radio-electronic equipment are located within a nonresidential zone district in the Borough and the following standards are satisfied:
a.
The applicant has obtained a license from the FCC to provide cellular or personal wireless facilities and services to this area.
b.
The antennas are mounted on an existing structure or building such as a water tower, church steeple, roof top or electric transmission tower.
c.
The height of the antennas is not greater than 15 feet over the height of the existing structure.
d.
Visual Compatibility Requirements.
1.
Wireless telecommunications antennas on existing structures or buildings shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause such antennas to be visually compatible with the existing structure, building and neighborhood.
2.
A wireless telecommunications equipment compound shall be enclosed within a visually solid fence at least six feet and no more than eight feet high, as approved by the Planning Board, and shall include a locking security gate. The height of any equipment building shall not exceed 12 feet.
3.
A wireless telecommunications equipment compound consisting of no more than 2,500 square feet may be erected in support of wireless telecommunications antennas but only if:
(a)
It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield the wireless telecommunications equipment compound from public view; or
(b)
When a location out of public view is not possible, a landscape buffer shall be provided outside the wireless telecommunications equipment compound, to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting.
4.
On-roof placement of radio-electronic equipment and/or cabinets shall be located out of the public view.
e.
An applicant desiring to construct wireless telecommunications antennas shall demonstrate to the satisfaction of the Planning Board, each of the following:
1.
The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail: (i) the wireless telecommunications network layout and its coverage area requirements and (ii) the need for new wireless telecommunications facilities at a specific location within the Borough:
2.
That the applicant has exercised its best efforts to locate or co-locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area which will be least visually intrusive. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
f.
Off-street parking shall be permitted as needed and as approved by the Planning Board.
g.
The applicant shall provide assurances to the Planning Board and in a form reviewed and approved by the Planning Board Attorney that will cause the antennas, the compound area enclosing related electronic equipment and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any communication facility not used for its intended and approved purpose for a period of six months shall be considered "no longer operative" and shall be removed by the applicant or its assigns within 60 days thereof.
h.
All other applicable requirements of the Land Development Regulations Ordinance not contrary to the specific conditions and standards herein shall be met, but waivers and/or variances of such other applicable requirements of this Ordinance may be granted by the Planning Board.
i.
Applicant shall submit its site plan according to Article 9 of the Land Development Regulations. In addition, the applicant shall provide the Planning Board with the following:
1.
Photographic simulations showing the public view of the proposed antennas from four locations;
2.
A report from a qualified expert that the antennas comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International and the Electronic Industries Association/Telecommunications Industries Association ("ETA/TIA") publications.
j.
No signs other than a sign displaying owner contact information, warnings, equipment information and safety instructions are permitted. Such sign shall not exceed two square feet in area.
k.
No lighting is permitted except the compound area may have security and safety lighting at the entrance provided it is no greater than 150 watts, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.
l.
No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq. except in emergency situations requiring the use of a backup generator.