Closter City Zoning Code
ARTICLE XXII
Telecommunication Towers and Antennas
§ 200-96 Purpose.
A.
The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(2)
Encourage the location of towers in nonresidential areas.
(3)
Minimize the total number of towers throughout the community.
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques.
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(8)
Consider the public health and safety of communication towers.
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Closter shall give due consideration to the Borough of Closter's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 200-97 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell towers, steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
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.
The lines that connect 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.
The Federal Aviation Administration.
The Federal Communications Commission.
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.
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
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 telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
§ 200-98 Applicability.
B.
Amateur radio station operators/receive-only antennas. This article shall not govern the installation of any antenna, owned and operated by an amateur radio operator and used exclusively for receive-only antennas and for private noncommercial purposes, which shall be regulated elsewhere in the Code of the Borough of Closter.
D.
AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Monuments for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
§ 200-99 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.
B.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not used to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lot.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Site Plan Subcommittee of the Planning Board an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Closter or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Site Plan Subcommittee of the Planning Board may share such information with other applicants applying for administrative approvals or conditional use approvals under this article or other organizations seeking to locate antennas within the jurisdiction of the Borough of Closter; provided, however, that the Site Plan Subcommittee of the Planning Board is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of 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 or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations 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; safety standards. To ensure the structural integrity of towers, 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 of Closter concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
H.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Closter irrespective of municipal and county jurisdictional boundaries.
I.
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.
J.
Franchises. Owners and/or 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 of Closter have been obtained and shall file a copy of all required franchises with the Site Plan Subcommittee of the Planning Board.
K.
Public notice. For purposes of this article, 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 distance listed in § 200-102B(5)(b), Table 2, in addition to any notice otherwise required by this chapter.
L.
No commercial signs shall be allowed on an antenna or tower.
M.
Building and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 200-103.
N.
Multiple antenna/tower plan. The Borough of Closter encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
§ 200-100 Permitted uses.
A.
General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use approval.
B.
Permitted uses. The following uses are specifically permitted:
(1)
Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Closter, provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Closter; however, the Borough may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality and shall not be governed by this article.
§ 200-101 Administratively approved uses.
A.
General. The following provisions shall govern the issuance of administrative approvals for towers and antennas.
(1)
The Site Plan Subcommittee of the Planning Board may administratively approve the uses listed in this section
(2)
Each applicant for administrative approval shall apply to the Site Plan Subcommittee of the Planning Board providing the information set forth in § 200-102B(1) and (3) of this article and a nonrefundable fee as established by the governing body to reimburse the Borough of Closter for the costs of reviewing the application.
(3)
The Site Plan Subcommittee of the Planning Board shall review the application for administrative approval and determine if the proposed use complies with §§ 200-99, 200-102B(4) and 200-102B(5) of this article.
(4)
The Site Plan Subcommittee of the Planning Board shall respond to each such application within 60 days after receiving it by either approving or denying the application. If the Site Plan Subcommittee of the Planning Board fails to respond to the applicant within said 60 days, then the application shall be deemed to be referred to the entire Planning Board for approval.
(5)
In connection with any such administrative approval, the Site Plan Subcommittee of the Planning Board may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 200-102B(4) or separation distances between towers in § 200-102B(5) by up to 50%.
(6)
In connection with any such administrative approval, the Site Plan Subcommittee of the Planning Board may, in order to encourage the use of monopoles, 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 Site Plan Subcommittee of the Planning Board after conducting an administrative review:
(1)
Locating antennas on existing structures or towers consistent with the terms of Subsections B(1)(a) and (b) below:
(a)
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Site Plan Subcommittee of the Planning Board as an accessory use to any commercial, industrial, professional or institutional use, provided that:
(b)
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Site Plan Subcommittee of the Planning Board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower unless the Site Plan Subcommittee of the Planning Board allows reconstruction as a monopole.
[2]
[3]
On-site location.
[a]
A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.
[b]
After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
[c]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 200-102B(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 200-102B(5).
§ 200-102 Conditional use permits.
A.
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:
(2)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of Chapter 200, Zoning, of the Closter Code, except as modified in this section.
(3)
In granting a conditional use approval, 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 properties.
(4)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a professional engineer licensed by the State of New Jersey.
(5)
An applicant for a conditional use approval shall submit the information described in this section and a nonrefundable fee as established by the Mayor and Council to reimburse the Borough of Closter for the costs of engineering and legal expenses of reviewing the application.
B.
Towers.
(1)
Information required. In addition to any information required for applications for conditional use approvals pursuant to Chapter 200, Zoning and Chapter 173, Subdivision of Land and Site Plan Review, of the Closter Code, applicants for a conditional use approval 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), district classification of the site and all properties within the applicable separation distances set forth in § 200-102B(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this article.
(b)
A legal description of the parent tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 200-99C shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
The method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i)
An 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 municipality.
(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 location(s) of future towers or antennas within the Borough of Closter based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
(2)
Factors considered in granting conditional use approvals for towers. In addition to any standards for consideration of conditional use approval applications pursuant to Chapter 200, Zoning, of the Closter Code, the Planning Board shall consider the following factors in determining whether to issue a conditional use approval, 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 this article are better served thereby:
(a)
Height of the 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 the 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 § 200-102B(3) of this article.
(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 accommodate the applicant's proposed antenna may consist of any of the following (although nothing should 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 requirements.
(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 or 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 are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
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 wireline system, is unsuitable. Costs of alternative technology that exceed new 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 use approval is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this article would be better served thereby:
(a)
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
(b)
Guys 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 approval is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this article 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.
Table 1 | ||
|---|---|---|
Off-Site Use/Designated Area | Separation Distance | |
Residential, public parks, schools or house of worship* | 200 feet or 300% of height tower, whichever is greater | |
Vacant single-family residentially zoned land plan approval which is not expired | 200 feet or 300% of height either platted or has preliminary subdivision of tower, whichever is greater | |
Vacant unplatted residentially zoned land** | 100 feet or 200% of height of tower, whichever is greater | |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply | |
NOTES: | |
* Including nursing homes and other similar uses wherein people are housed or receive care at least eight hours per day. | |
** Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex. |
(b)
Separation distances between towers. 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 a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2 | |||||
Existing Towers | Lattice (feet) | Guyed (feet) | Monopole 50 Feet in Height (feet) | Monopole Less Than 30 Feet in Height (feet) | |
|---|---|---|---|---|---|
Lattice | 5,000 | 5,000 | 1,500 | 1,000 | |
Guyed | 5,000 | 5,000 | 1,500 | 1,000 | |
Monopole 50 feet in height | 1,500 | 1,500 | 1,500 | 1,000 | |
Monopole less than 30 feet | 1,000 | 1,000 | 1,000 | 1,000 |
(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 anticlimbing device.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use approval 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 or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide 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.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
§ 200-103 Prohibited areas.
[Amended 9-10-1997 by Ord. No. 1997:748]
No antenna, tower or alternative tower shall be located or constructed in any residential zone.
§ 200-104 Buildings or other equipment storage.
A.
Antennas mounted on structures or 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 buildings 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 structures shall not occupy more than 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all applicable zoning and building codes.
B.
Antennas mounted on utility poles, light poles or towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1)
In a front or side yard, provided that the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area, and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided that the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
(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 fence 6 feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
(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.
§ 200-105 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Closter notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days 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. The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty 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.[1]
§ 200-106 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 approval and without having to meet the separation requirements specified in § 200-102B(4) and (5). 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. No permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 200-105.
§ 200-107 Severability.
The various parts, sections and clauses of this article are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected thereby.
§ 200-108 Repealer.
Any ordinances or parts thereof in conflict with the provisions of this article are hereby repeated to the extent of such conflict.