Edgewater City Zoning Code

New towers and antennas. All new towers or antennas to be sited in the Borough of Edgewater shall be subject to these regulations.

District height limitations. The requirements set forth in this article shall govern the heights of all towers and antennas to be constructed in each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas facilities.

Preexisting towers and antennas. Any wireless communication tower or antenna on which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article, other than the requirements of § 240-170E and F. This includes permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired. Any such towers or antennas shall be referred to in this article as "preexisting antennas."

Public property. Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Edgewater shall be exempt from the requirements of this article, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing body. Said approved municipal sites utilized for the purposes of construction or locating towers and/or antennas shall be treated as engaging in a permitted use under this article.

Purpose; goals. The purpose of this article is to establish general guidelines for the siting of wireless communication towers and antennas.

Principal or accessory use. Antennas may be considered either principal or accessory uses, and towers shall be considered a principal use only. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna on such lot but shall preclude the construction of a tower. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited 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 lots.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of all existing towers, antennas or sites approved for towers or antennas that are both within the jurisdiction of the governing authority and within 1/4 mile of the border thereof, including specific information about the location, height and design of each tower.

Aesthetics; lighting. The guidelines set forth in this Subsection D shall govern the aesthetic appearance of all towers and the installation of all antennas governed by this article; provided, however, that the Planning Board may grant variances to these requirements if it determines that the goals of this article are better served thereby and in accordance with the Municipal Land Use Law (MLUL).

Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the 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 more stringent compliance schedule is mandated by the controlling 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. Any such removal shall be ordered by the Planning Board, as all approvals granted herein shall be unequivocally deemed conditional approvals subject to this provision, or by order of the Edgewater Construction Official.

Building codes; safety standards. To ensure the structural integrity of all wireless communication towers within the Borough of Edgewater, the owner of each tower shall ensure that the tower is maintained in compliance with standards contained in the Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection the governing authority 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 10 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 10 days, then the Mayor and Council, in conjunction with the Borough of Edgewater's Construction Official, may order the removal of such tower at the owner's expense, and lien the property for all costs incurred, including professional fees expended.

Signs. No signs or other nonessential accoutrements shall be allowed on any antenna or tower, with the exception of warning signs or other signs required by federal, state or local law.

Buildings and support equipment associated with the antennas or towers shall comply with the requirements of § 240-174.

Access road. All access roads leading to the tower and antenna area shall be paved with asphalt. The access road shall include an area for sufficient parking and turnaround radius for at least one vehicle.

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.

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 Edgewater have been obtained, and shall file a copy of all required franchises with the Clerk of the Borough of Edgewater, who shall distribute copies of same to the Borough Construction Official and Edgewater Building Department.

Maximum tower height. The maximum height of any tower shall not exceed 70 feet. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.

General. The uses listed in this § 240-171 are deemed to be permitted uses and shall require minor site plan approval. Nevertheless, all such uses shall comply with the requirements set forth under § 240-170D, E, F, G, H, I, J, K and L of this article and all other applicable ordinances.

Specific permitted uses. The following uses are specifically permitted:

The Edgewater Planning Board has exclusive jurisdiction pursuant to the MLUL and this article, unless it is determined that the Edgewater Board of Adjustment has jurisdiction pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., at which point the provisions of this article shall apply to the Edgewater Board of Adjustment.

Each applicant for administrative approval shall apply to the Planning Board or the Zoning Board of Adjustment as indicated supra, providing the information required in this article, together with a nonrefundable fee as established by resolution of the Borough Council to reimburse the Borough of Edgewater for the costs of reviewing the application.

The Planning Board or the Zoning Board of Adjustment, as indicated supra, shall review the application and determine if the proposed use complies with the provisions of this article.

Applicability. If the tower or antenna is not a permitted use under § 240-171 of this article, then the applicant shall be required to submit its application to the Edgewater Zoning Board of Adjustment for a use variance, pursuant to N.J.S.A. 40:55D-1 et seq., which shall have jurisdiction over the application.

Information required. Each applicant requesting a use variance under this article shall submit the following information:

Factors considered in granting use variances. The Edgewater Zoning Board of Adjustment shall consider the following factors in determining whether to issue a use variance:

Availability of suitable existing towers or other structures. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board of Adjustment that no existing tower, antenna site, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed tower or antenna. Evidence submitted to demonstrate that no existing tower, antenna site, or structure can accommodate the applicant's proposed tower or antenna may consist of any of the following:

Setbacks. The following setback requirements shall apply to all new towers for which a use variance is required; provided, however, that the Edgewater Zoning Board of Adjustment may reduce the standard setback requirements in any industrial or commercial zoning district if the goals of this article would be better served thereby:

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall be slatted and equipped with an appropriate anticlimbing device; provided, however, that the Zoning Board of Adjustment may grant a variance of such requirements as it deems appropriate.

Landscaping. The following requirements shall govern the landscaping surrounding the towers for which a use variance is required; provided, however, that the Zoning Board of Adjustment may grant variance of such requirements if the goals of this article would be better served thereby.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with an antenna facility shall comply with the following:

Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 15 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Modification of building size requirements. The requirements of Subsections A and B may be modified by the Planning Board when doing so would encourage co-location by multiple users.

Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall be performed in compliance with the requirements of this article.

Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit. The type, height and location of the tower on site shall be of the identical type and intensity as the original facility. 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 if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 240-176.

All wireless telecommunications towers and antenna facilities within the Borough of Edgewater which are used to provide any telecommunications services for a fee are required to be registered by the owner of the tower or antenna facility with the Borough. The registration forms shall be provided by the Edgewater Building Department. A fee of $250, plus $1 for each foot of tower or antenna height of the tallest antenna, shall be charged for the registration.

Each owner shall inform the Borough within 60 days of any changes to the information set forth in the registration form.

The registration of all wireless telecommunications towers and antennas facilities must be renewed on an annual basis and no later than January 31 of each year. The registration form must be accompanied by the fee to be accepted. The tower/antenna owner shall submit the registration form and fee to the Borough Building Department for review and processing.

A late fee of $25 shall be charged for each month that the registration and accompanying fee is not received by the Borough.

An applicant who co-locates on an existing tower or antenna facility shall pay a reduced renewal registration fee of $100. The registration fee of the owner of the tower or antennas facility on which another provider co-locates shall be reduced to $150, said reduction shall commence in the year following the co-location.

The provisions of this article will be enforced by the Borough Zoning Officer and Borough Construction Official, as appropriate.

The owner of any tower or antenna facility shall indemnify and hold the Borough harmless against any and all claims, suits, cause of action or judgments arising from any injury, including death or damage, caused by the construction and operation of the tower or antenna facility.

Any person, firm, or corporation who violates any of the provisions of this article, or any amendment or supplement thereof, shall be deemed guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be fined not more than $250. Each and every day during which such violation, illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.