Carlstadt City Zoning Code
21-19 Wireless
Telecommunication Towers and Antennas.
21-19.1.
Findings. The Federal Communication Act of 1934, as amended by the Telecommunications Act of 1996, grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
a.
The regulation of the environmental effects of radio frequency emissions from telecommunication facilities.
b.
The regulation of radio signal interference among users of the RF spectrum.
The Borough's regulation of towers, antenna and telecommunications facilities in the Borough will not have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act of 1996.
21-19.2.
Purpose. The general purpose of this section is to regulate the placement, construction and modification of towers, antennas and telecommunication facilities in order to protect the health, safety and welfare of the public, while at the same time not unreasonably interfering with the development of the competitive wireless telecommunications marketplace in the Borough.
Specifically, the purposes of this section are:
a.
To regulate the location of towers, antennas and telecommunication facilities in the Borough.
b.
To protect residential areas and land uses from potential adverse impacts of towers, antennas and telecommunication facilities.
c.
To minimize adverse visual impact of towers, antennas and telecommunication facilities through careful design, siting, landscaping and innovative camouflaging techniques.
d.
To promote and encourage shared use/co-location of towers and antennas as a primary option rather than constructions of additional single-use towers.
e.
To promote and encourage utilization of technology designs that will either eliminate or reduce the need for erection of new towers, antennas structures and/or telecommunication facilities.
f.
To avoid potential damage to property caused by towers, antennas and telecommunication structures by ensuring such structures are soundly and carefully designed constructed modified maintained and removed when no longer are used or determined to be structurally unsound.
g.
To ensure that towers, antennas and telecommunication facilities are compatible with surrounding land uses.
h.
To protect the Borough's built and natural environment by promoting compatible design standards for towers, antennas and telecommunication facilities.
21-19.3.
Definitions. As used in this section, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
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.
ANTENNAS
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.
BACKHAUL NETWORK
The line that connects 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.
CO-LOCATION
Placing more than one exterior transmitting or receiving device on one physical structure at one location.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to November 10, 1997, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TELECOMMUNICATIONS FACILITIES
Any cables, wires, lines, waveguides, antennas and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna and/or its support structure. However, telecommunications shall not include any earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial, or any satellite earth station antenna one meter or less in diameter regardless of zoning category.
TOWER
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 phone towers, alternative tower structures and the like. The term also include the structure and the support thereto.
21-19.4.
Exceptions. All new towers or antennas in the Borough shall be subject to these regulations, except for:
a.
Amateur Radio Station Operators/Receive Only Antennas. These are antennas and towers privately owned and used exclusively to receive for private, noncommercial purposes. Such towers and antennas may be regulated elsewhere.
b.
Preexisting Towers and Antennas. These towers and antenna are not subject to this section, except for section 21-19.5, paragraphs f and g. If any enlargement or modification of the structure is planned, then this section shall apply.
c.
AM Array. An AM array consisting of one or more tower units and supporting ground system which functions on an AM broadcasting antennas shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the array. Additional tower units may be added within the perimeter of the AM array by right.
21-19.5.
General Requirements.
a.
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. Notwithstanding the foregoing, any proposed accessory use on a property shall require a site plan application before the planning board.
b.
Lot Size. For purposes of determining whether the installation of a tower or antennas complies with zone development regulations, including, but not limited to, setback, lot coverage and other such requirements, the dimensions of the entire lot shall control, even though the antenna or tower may be located on leased parcels with such lot.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the zoning officer the following:
1.
An inventory of its existing towers and antennas.
2.
All sites approved for towers and antennas that are in the jurisdiction of the Borough, as well as such sites within one mile of the border thereof.
These requirements shall be read to be inclusive of any area which may be under the jurisdiction of any other entity or body.
d.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Applicants must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible.
2.
The tower shall either maintain a galvanized steel finish or meet the applicable standards of the FAA. If the tower is not to be camouflaged by an alternative tower structure, the tower is to be painted a neutral color so as to reduce visual obtrusiveness.
3.
Whether a tower is camouflaged or not at a tower site, the design of the buildings and related structures, to the extent possible, shall use material, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
4.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be 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.
e.
Lighting. Towers shall not be artificially lighted unless required 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.
f.
State of Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and 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 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.
g.
Building Codes and Safety Standards. To ensure the structural integrity of towers and antennas, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes 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 concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons and property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance. Refusal to bring such tower into compliance within the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
h.
Measurement. For the purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal and county jurisdictional boundaries.
i.
Nonessential 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.
j.
Franchises. Owners and 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 have been obtained and shall file a copy of all required franchises with the zoning officer.
k.
Public Notice. For the purposes of this section, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distances listed in Table II, in addition to any notice otherwise required by any zoning regulation.
l.
Signs. No sign shall be allowed on an antenna or tower unless required by the FCC, FAA, state, federal or local ordinance.
m.
Buildings and Support Equipment. Buildings and support equipment associated with towers or antennas shall comply with the requirements of any and all applicable federal, state and municipal building codes.
n.
Multiple Antenna/Tower Plan. The Borough requires the users of the towers and antennas to submit applications for approval of multiple-tower and/or -antenna sites. No application for a single use tower shall be approved without substantial proof that no co-location was possible, and that building for future co-location is not feasible.
21-19.6.
Permitted Uses.
a.
General. The uses listed in this subsection are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.
b.
Permitted Uses. Antennas or towers located on 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. However, the Borough, as a condition of such lease, may require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Borough, and shall not be governed by this section.
21-19.7.
Administratively Approved Uses.
a.
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
1.
The zoning officer may administratively approve the uses listed in this subsection.
2.
Each applicant for administrative approval shall apply to the zoning officer providing the information set forth in this section and a nonrefundable fee as established by resolution of the Borough Council to reimburse the Borough for the costs of reviewing this application.
3.
The zoning officer shall review the application for administrative approval and determine if the proposed use complies with other applicable sections.
4.
The zoning officer shall respond to each such application within 60 days after receiving it by either approving or denying the application.
5.
In connection with any such administrative approval, the zoning officer, in order to encourage shared use, may administratively waive any zoning district setback requirements in this section or separation distances between towers in this section by up to 50%, but only for applications co-locating on an already approved site.
6.
In connection with any such administrative approval, the zoning officer, in order to encourage the use of monopoles, may administratively allow the reconstruction of an existing tower to monopole construction.
b.
List of Administratively Approved Uses. The following uses may be approved by the zoning officer after conducting an administrative review:
1.
Locating antennas on existing structures or towers consistent with the terms of the paragraphs below:
(a)
Antennas on Existing Structures. Any antenna which is not attached to a tower may be approved by the zoning officer as an accessory use to any commercial, industrial, professional or institutional structure, provided the antenna, as measured from the lowest grade, does not extend more than the maximum building height for the zone wherein the structure is located and complies with all applicable FAA, FCC regulations and building codes.
(b)
Antennas on Existing Towers. An antenna which is attached to an existing tower may be approved by the zoning officer and, 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:
(1)
Type. A tower modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole.
(2)
Height.
(i)
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
(ii)
The height change referred to in the above paragraph may only occur one time per communication tower.
(iii)
The additional height referred to in the above paragraph shall not require an additional distance separation as set forth in subsection 21-19.8. The tower's pre-modification height shall be used to calculate such distance separations.
(3)
On-Site Location.
(i)
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.
(ii)
After the tower is rebuilt to accommodate co-location, only one tower may remain.
(iii)
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers as set forth in subsection 21-19.8. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 21-19.8.
21-19.8.
Conditional Use Permits.
a.
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the planning board:
1.
If the tower or antenna is not a permitted use under subsection 21-19.6 or permitted to be approved administratively pursuant to subsection 21-19.7, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all nonresidential zoning districts.
2.
Applications for conditional use permits under this subsection shall be subject to the procedures and requirement of all other applicable local ordinances, except as modified in this subsection.
3.
In granting a conditional use permit, the planning board may impose conditions to the extent the planning board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining property.
4.
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
5.
An applicant for a conditional use permit shall submit the information described in this subsection and a nonrefundable fee established by the Mayor and Council, upon recommendation of the Borough Engineer and Attorney, to reimburse the Borough for the costs of reviewing the application.
b.
Towers.
1.
Additional Required Information. In addition to any information required for applications for conditional use permits pursuant to applicable zoning ordinances, and other Borough ordinances, applicants for a conditional use permit 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 with the applicable separation distances set forth herein, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and any other information deemed by the zoning officer to be necessary to assess compliance with this section.
(b)
Legal description of the parent tower and leased parcel, if applicable.
(c)
The setback distances between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(d)
The separation distances from other towers described in the inventory of existing sites submitted pursuant to paragraph 21-19.5c shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s), if known, as well as the owner/operator of the existing tower(s), as applicable.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, finished color and, if applicable, the method of camouflage and illumination.
(g)
A description of compliance with subsection 21-19.5 and subsection 21-19.8, paragraphs b4 and b5, and all other applicable federal, state or local laws and ordinances.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location or additional antennas for future users and if not, why it will not.
(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 Borough.
(j)
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.
(k)
A description of the feasible locations of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
2.
Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to any zoning ordinance, the planning board shall consider the following factors in determining whether to issue a conditional use permit, although the planning board may waive or reduce the burden on the applicant of one or more of these criteria if the planning board concludes that the goals of the section are better served thereby:
(a)
Height of proposed tower.
(b)
Proximity of the tower to residential structures and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in paragraph 3, below.
(i)
That the tower or antenna will be compatible with and not adversely impact the character and integrity of surrounding properties.
3.
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 planning 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 planning 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 be submitted to demonstrate that no tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following, although nothing shall be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval:
(a)
No existing towers or structures are located within the geographic area which meet the applicant's engineering needs.
(b)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers of structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
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 by 30% are presumed unreasonable.
(f)
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 wireless system, is unsuitable. Costs of alternative technology that exceed tower or antenna development shall not be presumed to render the technology unsuitable.
4.
Setbacks. The following setback requirements shall apply to all towers for which a conditional permit is required, provided, however, that the planning board may reduce the standard setback requirements if the goals of this section would be better served thereby:
(a)
Towers must be setback a distance equal to at least 75% of the height of the tower from every adjoining lot line.
(b)
Guy wires and accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer areas if adjacent to residential zones and as prescribed under local ordinance.
5.
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required, provided, however, that the planning board may reduce the standard separation requirements of the goals of this section would be better served thereby.
(a)
Separation from off-site uses/designated areas.
(1)
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.
(2)
Separation requirements for towers shall comply with the minimum standards established in Table 1.
(b)
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 the site plan, of the proposed tower. The separation distances, listed in linear feet, shall be as shown in Table 2.
6.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.
7.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.
(a)
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, planned residences or other appropriated use or area in which the planning board deems a buffer would be required to further the goals of this section. The minimum buffer shall consist of a five foot width outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced. However, should the location of the area so change as to where the visual impact of the tower need be reduced, the planning board may so require landscaping consistent with this section.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
TABLE I | |
|---|---|
Off-Site Uses/Designated Areas | Separation Distance |
Residential, public parks, schools or houses of worship, nursing homes, hospitals, senior housing or any similar use or area | 1,000 feet or 400% height of tower, whichever is greater |
Vacant single-family residentially zoned land which is either platted or has preliminary subdivision approval which is not expired | 1,000 feet or 400% height of tower, whichever is greater |
Vacant unplatted residentially zoned lands, including any unplatted residential use properties without a valid preliminary subdivision plan or valid developmental plan approval and any multi-family residentially zoned land greater than a duplex | 1,000 feet or 300% height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None - only setbacks apply |
TABLE II | ||||
|---|---|---|---|---|
Existing Towers (types) | ||||
Lattice | Guyed | Monopole 30+ ft. in height | Monopole Less than 30 ft. in height | |
Lattice | 6,000 | 6,000 | 3,000 | 2,500 |
Guyed | 6,000 | 6,000 | 3,000 | 2,500 |
Monopole 30+ ft. in height | 3,000 | 3,000 | 3,000 | 2,500 |
Monopole less than 30 ft. in height | 2,500 | 2,500 | 2,500 | 2,500 |
21-19.9.
Prohibition of Towers. No tower, alternative tower or antenna shall be constructed in a residential zone. No tower, alternative tower or antenna shall be located on the westerly side of Route 17.
21-19.10.
Buildings or Other Equipment Storage.
a.
Antennas Mounted on Structures and Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
1.
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for building and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
2.
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structure shall not occupy more than 10% of the roof area.
3.
Equipment storage buildings or cabinets shall comply with all applicable building codes.
b.
Antennas Mounted on Utility Poles, Light Poles or Towers. The equipment cabinets or structure used in association with antennas shall be located in accordance with the following:
1.
In a front or side yard, provided the cabinet or structure is not greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure shall be located a minimum of 75 feet from all lot lines.
2.
In a rear yard, provided the cabinet or structure is not greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge of which its ultimate, planted height shall screen the cabinet/structure completely from view.
3.
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 decorative fence or an evergreen hedge, of which the ultimate height of either shall screen the cabinet/structure completely from view.
4.
Emergency generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.
21-19.11.
Removal of Abandoned Antennas and Towers. Any tower or antenna that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Borough notifying the owner of such abandonment. Failure to remove the tower or antenna within the ninety-day period 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. To secure the owner and/or operator of its obligations under this subsection, the Borough may condition the issuance of any permit for a tower or antenna on the posting of an appropriate performance bond or suitable guarantee in a face amount of not less than 120% of the cost, as determined by the Borough Engineer, of such removal, grading and restoration to a state required under all applicable Borough ordinances, including, but not limited to the Borough Property Maintenance Code.
21-19.12.
Existing Towers: Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in this section. 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 such permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 21-19.11 above.
