Chatham City Zoning Code
ARTICLE XVI
Wireless Telecommunications Facilities
§ 165-133 Purpose.
The purpose of this article is to regulate the location, operation and placement of wireless telecommunications ("WT") facilities within the Borough of Chatham.
A.
This article is intended to meet the requirements of the Telecommunications Act of 1996, while at the same time reasonably regulating WT facilities within the Borough.
B.
This article is also intended to protect the Borough from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Borough, with its attendant benefits to residents and businesses.
§ 165-134 Permitted locations.
[Amended 7-24-2000 by Ord. No. 12-2000]
The only permitted locations for WT facilities in the Borough of Chatham are as follows:
A.
In the M (Industrial) Districts;
B.
Upon proof satisfactory to the Planning Board that, if the applicant locates the WT facility in an M District it will be unable to accomplish its purposes as set forth in the application, the facility may be located on an existing electric transmission tower within the Borough of Chatham owned by Public Service Electric and Gas Co. or General Public Utilities Co., or any successor thereof;
C.
Upon proof satisfactory to the Planning Board that, if the applicant locates the WT facility in either of the locations described in Subsections A and B immediately above, it will be unable to accomplish its purposes as set forth in the application, the facility may be located on land or structures owned by the Borough of Chatham.
§ 165-135 General requirements for WT facilities.
A.
Siting priorities. Pursuant to the needs analysis required by § 165-137, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting priorities as follows:
(1)
If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct or modify a WT antenna within the Borough of Chatham, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located upon an existing building or other structure within the permitted locations.
(2)
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, or modify the proposed WT antenna upon an existing building or structure within the permitted locations, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or collocated upon an existing WT tower within these zones.
(3)
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct and/or modify the proposed WT antenna upon an existing WT tower within the permitted locations, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or collocated upon a new WT tower to be constructed within the permitted locations only.
B.
WT antennas. WT antennas shall be consistent with the following requirements:
(1)
Microwave dishes, cones, or other antennas used for the purpose of point-to-point microwave transmission or microwave links are expressly prohibited.
(2)
Platform mounted or side-arm mounted antennas of any kind are expressly prohibited.
(3)
Subject to the siting priorities set forth in Subsection A(1) above, WT antennas may be mounted on existing buildings or other structures or on WT towers, provided that:
(a)
WT antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed the maximum permitted height in the zone, or the height of the existing building or structure, whichever is greater, except when mounted on the face of new or existing mechanical rooms or structures on the roof of the building, and
(b)
WT antennas mounted on WT towers shall not extend beyond the height limitations for such towers.
(c)
WT antennas shall be constructed, finished, painted and otherwise camouflaged so as to blend in with their background and minimize their visual impact on the landscape.
C.
WT towers. WT towers shall be consistent with the following requirements:
(1)
WT towers shall be limited to monopole designs only. New construction of freestanding lattice towers and guyed towers of any kind is prohibited, but this shall not prevent the mounting of WT antennas on an existing freestanding lattice tower or guyed tower.
(2)
WT towers shall be designed to permit collocation of additional antennas.
(3)
The maximum height of any WT tower and any WT antennas or WT equipment mounted thereon, shall be 75 feet from the original ground elevation, except that, where sufficient engineering data clearly establish that existing trees or buildings will interfere with the proper operation of the WT antennas at a height of 75 feet, the maximum height from the original ground elevation may be 100 feet.
(4)
No WT tower shall be lighted except as may be required by state or federal law.
(5)
No WT tower shall bear any signs, displays, or advertisements of any kind except as may be required by state or federal law.
(6)
WT towers shall be constructed, finished, painted or otherwise camouflaged so as to blend in with their background and minimize their visual impact on the landscape.
D.
WT equipment and WT equipment compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:
(1)
WT equipment compounds shall be enclosed within a locked security fence at least seven feet in height, unless located within or on the roof of an existing building.
(2)
No WT equipment housed in a WT compound shall exceed 12 feet in overall height.
(3)
WT equipment compounds, including the fence enclosure, shall be constructed, finished, painted and otherwise camouflaged so as to minimize their visual impact on the landscape.
(4)
When WT equipment is installed on the roof of a building, the area of the WT equipment and other structures permitted on the roof of the building shall not exceed 25% of the total roof area.
(5)
Landscaping shall be provided along the perimeter of the WT equipment compound to provide a visual screen or buffer for adjoining private properties and any public right-of-way. Required front yard setback areas shall also be landscaped for the same purpose. All WT equipment on the ground shall be screened by an evergreen hedge seven to 10 feet in height at planting time. All WT equipment not located on the ground shall be surrounded by a solid fence high enough to hide the WT equipment from view.
E.
The applicant shall demonstrate that all reasonable efforts were employed to camouflage and minimize the visual impact of any WT facilities installed or constructed pursuant to the provisions of this subsection. All WT facilities shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher siting priority category under Subsection A above shall be deemed more acceptable than locations in lower siting priority categories.
(1)
Sites for WT facilities must demonstrate that they provide the least visual impact on residential areas and any public right-of-way. All potential visual impacts must be justified with data to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(2)
WT facilities shall be located to avoid being visually prominent when viewed from residential areas and any public right-of-way. Vegetation, tree cover, topographic features and/or other structures, whether natural or manufactured, shall obscure the facility to the maximum extent feasible.
(3)
WT facilities shall be placed to ensure that historically significant viewscapes, streetscapes and landscapes are not marred, impaired or destroyed. The views of and vistas from architecturally, historically and/or otherwise significant structures shall not be impaired or diminished by the placement of WT facilities.
F.
WT facilities shall fully conform with all applicable state, federal and local laws.
G.
Routine visits to WT facilities shall be limited to the hours of 8:00 a.m. to 7:00 p.m.
§ 165-136 Setback requirements for the location of WT facilities.
No WT facilities shall be located on their lot within the minimum setbacks which are prescribed elsewhere in this chapter. No WT facilities shall be located closer than a distance of 150 feet, measured along the ground, from the following:
§ 165-137 Additional site plan requirements.
In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT facilities shall include the following:
A.
A road and turnaround such as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable.
B.
The color or colors of the proposed WT equipment and the camouflage methods to be used.
C.
A Visual Environmental Assessment Form ("Visual EAF") with particular attention given to the visibility of the proposed WT facility from key viewpoints identified in the Visual EAF, existing tree lines, and proposed elevations.
D.
A map showing:
(1)
Existing WT facilities within the Borough of Chatham which are owned, leased or otherwise under the custody, control, or use of the applicant at the time of application; and
(2)
Sites within the Borough of Chatham where WT facilities are proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next year.
E.
A certified load analysis report for the existing building, structure or WT tower, or for the proposed WT tower, upon which a WT antenna is proposed to be located, indicating its ability to support the proposed WT antenna and possible future, collocated WT antennas.
§ 165-138 Conditional use permits.
[Amended 3-11-2013 by Ord. No. 13-04]
In addition to submission of all other forms, site plans, plans, and other documentation required for an application by this chapter, all applicants for a conditional use permit for the installation, construction, erection, movement, reconstruction, or modification of any WT facilities shall also submit a needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction or modification of any WT facilities within the Borough. This evidence shall include, at a minimum:
A.
The WT service provider's wireless telecommunications network layout and coverage area for a radius of at least five miles from the location where the WT facilities are planned, identifying all locations:
B.
All results and supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:
(1)
Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement, reconstruction, or modification of WT facilities within the Borough of Chatham; and
(2)
Shall be certified by a qualified radio frequency engineer. The Borough reserves the right to retain a radio frequency engineer on its own behalf at applicant's expense to review the results or data submitted by the application.
C.
A search ring of the zone in which the WT facilities are proposed, prepared by a qualified radio frequency engineer and overlaid on an appropriate background map, demonstrating the area within the zone where the WT facilities need to be located in order to provide reasonably necessary signal strength and coverage to the target cell.
D.
In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified radio frequency engineer which explains why the proposed location was selected and which specifically addresses at a minimum:
(1)
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing structure or building, including poles used for power, telecommunications and the like, why it is reasonably necessary to locate that WT antenna within the Borough of Chatham.
(2)
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing WT tower, applicant must show:
(3)
If the applicant proposes to install, construct or erect a WT antenna upon a new WT tower, applicant must show:
(a)
Why it is reasonably necessary to locate that WT antenna within the Borough of Chatham;
(b)
Why it is not reasonably practicable to locate or collocate that WT antenna upon an existing building or structure within the zone; and
(c)
Why it is not reasonably practicable to locate or collocate that WT antenna upon an existing WT tower within the zone.
(4)
These requirements do not apply to changing the direction of any existing WT antenna.
E.
An affidavit from applicant or an officer of applicant describing the frequency and power at which the proposed WT facilities are expected to operate and the authority by which they were granted.
§ 165-139 Permit standards.
The following criteria shall be considered by the Planning Board or, if variances are requested, the Zoning Board of Adjustment, hereafter referred to as the "approving authority," prior to the approval or denial of a request for a conditional use permit for WT facilities. These criteria may be used as a basis to impose reasonable conditions on the applicant.
A.
Aesthetics. WT facilities shall be located, buffered and camouflaged to the maximum extent practicable and technologically feasible, to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the greatest extent possible, the approving authority may impose reasonable conditions on the approval of the application, including the following:
(1)
The approving authority may require the applicant to show that it has made good-faith efforts to minimize the height of proposed towers, to collocate on existing buildings, structures or WT towers, or to locate proposed new WT towers near existing towers in an effort to consolidate visual disturbances.
(2)
The applicant must submit a copy of its policy and/or agreements regarding collocation with other potential applicants on any proposed WT tower.
(3)
The approving authority may require the applicant to use additional camouflage and/or otherwise modify the proposed construction to minimize the visual impact of the WT facilities.
B.
Radio frequency (RF) emissions. The proposed WT antenna shall be operated such that exposure to the RF emissions in normally accessible locations remains within Federal Communications Commission (FCC) exposure guidelines and shall comply with other related state or federal regulations or requirements.
C.
Removal of WT facilities. The applicant shall agree to remove any WT facilities if all or part of any such WT facilities becomes damaged and is unrepaired for a period of six months, or ceases to be used for its intended purpose for 12 consecutive months. The applicant must comply with the following requirements:
(1)
The Borough of Chatham may, at its sole discretion, require the applicant to provide a demolition bond to the Borough of Chatham for the purpose of assuring the removal of any WT facilities in accordance with the provisions of the section.
(2)
The applicant will be responsible for providing, on an annual basis, written estimates to the Borough of Chatham for the cost to demolish and/or remove the WT facilities, and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond.
D.
Structural safety.
(1)
Upon written request from the Borough of Chatham at any time, during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any WT facilities, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT facilities with respect to applicable structural safety standards.
(a)
Such requests from the Borough shall not occur more often than once every three years.
(b)
If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the Borough which shall contain a reasonable schedule for the required repairs or maintenance.
(c)
Upon their completion, a letter shall promptly be submitted to the Borough of Chatham to certify same.
(2)
In the event that the applicant fails to comply with these requirements regarding structural safety, the Borough of Chatham reserves the right, in addition to all of its other rights and remedies available under state, federal and local law, to declare the applicant in default of its obligations under this chapter.
(a)
Should that occur, the applicant will have 30 days to notify the Borough as to how it intends to cure its default, setting forth a reasonable schedule for same.
(b)
In the event the applicant fails to so notify the Borough, or fails to cure as agreed, the Borough may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT facilities: declare the WT facilities to be abandoned and arrange for the public auction of the WT facilities; and/or pursue such other remedies at law and in equity as may be available.
(c)
Nothing in this subsection shall be construed to limit the applicant's liability for criminal prosecution.
E.
The approving authority may retain technical consultants as it deems necessary to provide assistance in the review of the application, the technical support data, and the proofs and documents submitted to demonstrate compliance with this article. The applicant shall bear the reasonable costs associated with such review and consultation, which cost shall be deposited in accordance with the Borough's escrow provisions.
§ 165-140 Additional requirements for location on existing electrical transmission towers.
[Added 7-24-2000 by Ord. No. 12-2000]
Additional requirements for WT facilities located on existing electric transmission towers owned by Public Service Electric and Gas Co. or General Public Utilities Co., or any successor thereof shall be as follows:
A.
The WT Equipment Compound shall be located entirely within the ground area at the base of the tower as defined by the location of the bases of the legs of the tower.
B.
The WT equipment shall be located within the WT compound either underground or, if it is above ground, it shall comply with the standards for site review which are set forth in § 165-26 of this chapter.
C.
If more than one WT service provider is utilizing a tower for its WT antennas, the WT equipment for all such providers shall be housed in one structure.
D.
No portion of the WT facilities, including the WT antennas, shall be located more than four feet above the topmost part of the existing tower.
E.
No WT antenna shall be located on a tower at a height less than 50 feet above grade level.
F.
Any cables connecting the WT antennas to any other part of the WT facility shall be made as inconspicuous as possible; the cables or the channels in which they are enclosed shall be, as the result of painting or by any other means, the same color as the color of the tower.
G.
Applicant will prepare and submit with its application a diagram or map showing the portion of the Borough from which can be seen, from ground level, any portion of the proposed WT facility.
§ 165-141 Development of lots with limited allowable land disturbance.
[Added 5-10-2004 by Ord. No. 04-12; amended 10-28-2024 by Ord. No. 24-13]
Lots existing as of the effective date of this article in the R-1, R-2, R-3 and R-4 Zones for which compliance with the terms of § 165-14G(1) would limit the total area of allowable land disturbance to 3,000 square feet or less shall be permitted to be developed as a conditional use; such development shall be limited to one single-family detached dwelling unit and the accessory uses permitted at § 165-14B(2), (3), (4) and (8) and shall comply with all of the following criteria:
A.
Total land disturbance permitted. The extent of the total land disturbance on the entire lot shall not exceed 3,000 square feet over the entire lot, regardless of the total area of the lot or the calculated usable lot area. For the purposes of this § 165-141, "land disturbance" shall mean any activity involving any intentional or unintentional, temporary or permanent, placement, movement, addition, replacement, relocation, removal, clearing, deposit or excavation of soil cover, earth, rock, vegetation, construction debris, construction supplies or construction equipment on an area of land, and including the creation or expansion of a driveway or parking lot. Ordinary lawn care, landscape maintenance and gardening activities are excluded, provided that such activities do not alter the drainage, recharge capability or topography of the land or involve the removal of existing trees as defined at Article XV, Tree Protection (§ 165-121 et seq.).
B.
Total lot coverage. The total lot coverage shall not exceed 1,260 square feet over the entire lot, regardless of the total area of the lot or the calculated usable lot area, except that for the purposes of determining compliance with this section only, the area under decks and cantilevered floor levels and on top of retaining walls shall not be included in the calculation of the total lot coverage. This shall not exempt decks and cantilevered floor levels from compliance with other applicable requirements of this chapter. The total lot coverage permitted hereunder may be increased for the purposes of accommodating driveway access requirements only, but in no case shall the additional coverage permitted for this purpose exceed 500 square feet over the 1,260 square feet maximum otherwise permitted.
C.
Other development requirements. In addition to demonstrating compliance with the foregoing requirements of this § 165-141 pertaining to the conditional use the applicant shall also demonstrate compliance with the general requirements of this chapter including, but not limited to, § 165-14G(3) through (10), but these general requirements shall not be deemed to be standards and specifications applicable to a conditional use.
D.
Board review. Board review and approval of the conditional use application shall be required, and shall encompass a review and approval of the application's compliance with the general requirements of § 165-14G(3) through (10), including the grading and stormwater management plan and the landscaping and revegetation plan.