Byram Township City Zoning Code
ARTICLE XII
Telecommunications Facilities as Conditional Uses
§ 240-77 Antennas, equipment and/or towers.
[Amended 3-6-2006 by Ord. No. 5-2006]
The installation and operation of telecommunications antennas and equipment shall be a conditional use in the R-1, R-2 and R-3 Zones, in accordance with the requirements of this article. The installation and operation of antennas, equipment, and/or towers shall be a conditional use in the VB, NC, C-R, IPR and F-P Zones in accordance with the requirements of this article.
§ 240-78 Conditional use standards for antennas, equipment and/or towers.
A.
Wireless telecommunications antennas which are demonstrated to fill a need for such antennas in a particular area may be erected on existing utility buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:
[Amended 5-5-2003 by Ord. No. 4-2003]
(1)
Antenna arrays may be mounted on existing utility buildings or structures which are located on lots which comply with minimum lot size and bulk requirements of the zone district where they are located. Antenna arrays shall not extend beyond the overall height of any building or structure by more than 15 feet.
(2)
An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of the antenna arrays of all providers utilizing the telecommunications facility. The equipment compound shall be enclosed within a chain-link fence eight feet in height, as approved by the Township Engineer, and shall include a locking security gate. Said fencing shall also be buffered in accordance with § 215-29E(1), (3), (4) and (5) of the Code of Byram Township. If high voltage is necessary for the operation of equipment within the compound, signs must be posted every 20 feet, stating "Danger-High Voltage." The operator must also post "No Trespassing" signs. No signage or other methods of providing messages or commercial statements may be attached, suspended or otherwise a part of the antenna or tower structure. Electrified fence, barbed or razor wire shall be prohibited in residential zones.
(3)
Accessory buildings are permitted if less than 500 square feet and 15 feet in height; however, accessory buildings are permitted only if the buildings are constructed for the sole and exclusive use and operation of the telecommunications facility and they are buffered and screened from public view to such an extent that they are not visible from the roadway or the adjacent property lines. Such facilities may not include office, long-term vehicle storage, other outdoor storage or other uses that are not needed to send or receive wireless telecommunications transmissions. All necessary buildings shall be located in accordance with the setback requirements for a principal building for the zone in which it is located, except that the front yard setback distance for such buildings shall be at least two times the requirement for principal buildings in the zone district where located. In all zones, the use of compatible materials, such as wood, brick or stucco, is required for all accessory buildings, which shall be designed to match architecturally the exterior of structures within the area. In no case will metal exteriors be allowed for accessory buildings.
(4)
All telecommunications equipment shall be painted or otherwise colored to minimize the equipment visibility. Telecommunications equipment that is visible from ground level shall be colored to minimize its visibility against its background, i.e., a building, a structure, the sky or other natural background.
B.
Wireless telecommunications towers (excluding guyed towers) and equipment and other structures in support of such tower, including but not limited to antennas, accessory electrical equipment supporting masts and an equipment compound, may be erected within the Township, provided that the tower and/or the structures shall, except as otherwise provided, adhere to the minimum standards of the particular zone where located and the additional standards set forth in this article.
(1)
An applicant proposing to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within a general area of which Byram Township is a part. This information shall identify the cellular network layout and coverage areas to demonstrate the need for such equipment within the area.
(2)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a bona fide attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures. The Township reserves the right to engage, at the applicant's expense, a professional radio frequency engineer to review such documentation.
(3)
An applicant proposing to construct a wireless telecommunications tower shall present evidence demonstrating that the proposed site is particularly suited for the proposed use.
(4)
In order to minimize tower proliferation, applicants will be required to show that they have exhausted all possible avenues for sharing space on existing towers or existing antenna locations. Applicants for the installation of a telecommunications tower or equipment are required to submit, as part of their application, the location of all cellular towers within the operating range of the Township and adjacent municipalities, and to send a certified mail announcement to all other users of communications towers and equipment and the property owners where such towers and equipment are located stating their siting needs and sharing capabilities. No application will be approved unless the applicant proposing the new equipment demonstrates that, despite reasonable efforts, it is not practicable to acquire the necessary rights or permission to install and operate its equipment at the location of the existing equipment on commercially reasonable terms or the site is otherwise not suitable due to construction or other site-specific limitations. The applicant shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s).
(5)
When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements.
(b)
Minimum lot size: five acres.
(c)
Minimum lot width: 300 feet.
(d)
Minimum lot depth: 300 feet.
(e)
Minimum yard setback:
[1]
Front. No part of any tower shall be closer than 200 feet or 2 1/2 times the highest point of the tower, including all attached appurtenances, whichever is greater.
[2]
Side. No part of any tower shall be closer than 200 feet or 2 1/2 times the highest point of the tower, including all attached appurtenances, whichever is greater. Sideline setback shall be measured on a horizontal line, regardless of whether the widest portion of the tower is at ground level.
[3]
Rear. No part of any tower shall be closer than 200 feet or 2 1/2 times the highest point of the tower, including all attached appurtenances, whichever is greater.
(f)
Maximum height: 120 feet; provided, however, that towers or other communications equipment may be erected only to such height as is necessary to accomplish the purpose they are intended to serve. For purposes of this article, "height" shall include the height of the antennas, if higher than the tower.
(g)
Maximum percent of impervious lot coverage: 10%.
(h)
Installation of any tower, pole or communications device, including additional installations by the applicant or the co-location of equipment at the same site by additional users, requires site plan approval.
(i)
Freestanding monopole structures are the preferred type of construction. However, a lattice-type tower may be required to support numerous antennas. Guyed towers are strictly prohibited. Climbing rungs on monopoles must start at a height of at least eight feet above ground.
(j)
Telecommunications towers may be erected on or in conjunction with any other building or structure on the property in the zones where such towers are permitted.
(k)
To the greatest extent possible, all construction on the lot should be designed and sited in such a manner as to be aesthetically and architecturally compatible with its environment in order to minimize visibility from surrounding public streets and adjacent properties. If the applicant has elected not to use an alternative tower structure, as that term is defined herein, the applicant shall be required to demonstrate why the use of such alternative tower structures is not feasible. All freestanding equipment (i.e., not attached to an existing structure) shall comply with screening and buffering requirements, as set forth in § 215-29 of the Byram Township Code, relative to subdivision and site plan review.
(l)
Where approval involves a freestanding structure owned or controlled by the applicant, approval of cellular telecommunications equipment shall be conditioned upon the agreement of the applicant to cooperate with other wireless telecommunications services providers in permitting co-location of antennas on such structure on commercially reasonable terms, unless there are structural, mechanical, regulatory or other limitations which make it unfeasible to accommodate the proposed facility or the proposed facility would interfere with the wireless communications of one or more existing occupants at the site, including the applicant. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.
(m)
The applicant shall furnish a written report prepared by a reputable individual or firm with expertise in the area of radiation emissions, setting forth its opinion that, upon installation of the equipment and commencement of operations, aggregate radiation emissions from all equipment located at the site will not exceed New Jersey Department of Environmental Protection standards or the standards of any other law or regulation governing the same. The written report shall indicate the factual basis for such opinion.
(n)
Immediately following installation and the commencement of operations of the equipment, the applicant shall furnish a report showing test results of aggregate radiation emissions from all equipment located at the site.
(o)
The applicant shall be required to file with the Township copies of any and all reports or other documentation filed by the applicant at any time with the Federal Communications Commission in connection with operations at the site.
(p)
The applicant shall be required to provide documentation evidencing that any proposed communications tower has been reviewed and has been determined not to be a hazard by the Federal Aviation Administration (FAA). When lighting is required and is permitted by the FAA or other state or federal authority, it shall be oriented inward so as to not project onto surrounding properties. Spot- or floodlighting shall not be permitted in and around the tower and accessory buildings. All buildings and parking lighting shall be shielded utilizing downward-facing fixtures in accordance with ordinance standards.
(q)
Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. The applicant shall describe anticipated maintenance needs, including frequency of service, personnel needs, equipment needs and traffic, noise or safety impacts of such maintenance. Where the site abuts or has access to a collector and local streets, access for maintenance vehicles shall be exclusively by means of the collector street.
(r)
Parking for at least one vehicle shall be provided with gravel or paved surface adjacent to any equipment building at all tower locations.
(s)
Any new or modified tower must be certified by a professional engineer to be in accordance with structural standards for antennas promulgated by either the Electronic Industries Association or the Telecommunications Industry Association.
(t)
Periodic inspections of communications towers are required to ensure structural integrity.
(u)
If a tower is unused for a period of six months, the owner of the tower will be required to remove such tower and any accessory buildings or structures and to restore the property to its original condition.
(v)
The equipment shall at all times be operated in accordance with applicable industry standards.
(w)
The applicant shall maintain insurance as required by the municipality and shall name the municipality as the additional insured.
(x)
No wireless telecommunications tower shall be erected within 1,000 feet of any of the following:
[1]
Any residence not located on the subject property.
[2]
Public buildings, including but not limited to municipal buildings, public and private schools, libraries, senior citizen centers, public parks and playgrounds and houses of worship.
[3]
Any residential building lot for which final subdivision approval has been received.
(y)
No wireless telecommunications tower shall be erected within 2,500 feet of any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.