This chapter establishes general regulations and design standards for the location of wireless telecommunications towers and antennas. The goals of this chapter are:

A.

As a first priority, to locate antennas on existing towers, structures, buildings and additional towers on real property owned by the city of Elizabeth;

B.

As a second priority, to locate antennas on any freestanding billboard on mounted poles in any zone district;

C.

As a third priority, to locate antennas and additional towers in the RC regional commercial zone district;

D.

To prohibit antennas and towers in the R-1 single-family residential zone, the R-2 two-family residential zone, the R-2C two-family residential zone and the OS open space zone;

E.

To avoid potential adverse effects to adjacent properties from tower failure through proper engineering and careful siting of towers;

F.

To encourage the co-location of antennas where technically feasible on any tower constructed under this chapter.

(Ord. 3678 § 1 (part), 2005: prior code § 40-201)

Whenever this chapter refers to any applicable law, rule, regulation or standard, the most current law, rule, regulation or standard shall govern.

"ANSI" means American National Standards Institute.

"Antenna" means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies, radar signals, telecommunications signals or other communications signals.

"Diameter at point of measurement" means the diameter of a tree measured four and one-half feet above the ground level of trees to be surveyed in the field. On sloped terrain, such measurement shall be made on the downhill side. Diameter at point of measurement may appear in this chapter as the abbreviation "D.P.M."

"EIA" means Electronics Industries Association.

"Environmental impact statement (EIS)" means, for the purposes of this chapter, a report which shall evaluate the existing conditions of the location where the antenna, tower or equipment compound is proposed, the full impact of construction on the existing conditions, terrestrial ecology, environmental setting and cultural resources through the actions of grading, soil disturbance, facility construction, site drainage and other above or below ground disturbances.

Equipment Compound. See "Wireless telecommunications equipment compound."

"Facility" means the construction, reconstruction, structural alteration or installation proposed by the applicant including, but not limited to, the antennas or equipment mounted thereon.

"Personal wireless services (PWS)" mean any FCC licensed operation which provides commercial wireless communications either for hire as a common carrier on a private basis to subscribers and which include, without limitations, personal communication services (PCS), enhanced specialized mobile radio (ESMR) and paging.

"Stealth tower structure" means simulated trees, clock towers, bell steeples, light poles and similar alternative design-mounting structures such as stealth antennas or flush-mounted antennas that camouflage, conceal or minimize the presence of antennas or towers.

"TIA" means Telecommunications Industries Association.

"Tower" means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunications purposes, including self-supporting lattice towers or monopole towers. The term includes the structure and its foundation, radio and television transmission towers, microwave towers, cellular telephone towers, common-carrier towers, alternative tower structures and the like.

"View shed" means a map (1:100,000 scale) depicting areas from which the tower, or portions thereof, may be seen within city limits and any municipality a distance of one mile from the proposed structure in all directions.

"Visual environmental assessment form (Visual EAF)" means a comprehensive report which shall access the impacts of the proposed personal wireless services facility on the existing landscape and skyline.

"Wireless telecommunications equipment compound" means a fenced-in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers.

(Ord. 3678 § 1 (part), 2005: prior code § 40-202)

A.

The first priority location shall be on an existing tower, building, structure or an additional tower on real, undeveloped property owned by the city of Elizabeth provided that the new installation does not increase the height by more than ten (10) feet or ten (10) percent of the building or structure, whichever is less.

B.

The second priority location shall be on any freestanding billboard mounted on poles in zoning district.

C.

The third priority location shall be on existing structures or buildings or additional towers in the RC regional commercial zoning district.

(Ord. 3678 § 1 (part), 2005: prior code § 40-203)

A.

New towers and rooftop antennas on buildings or structures four stories or greater are permitted uses in the MRC manufacturing, research and commercial zone, M-2 medium industrial zone and the M-3 heavy industrial zone.

B.

Rooftop antennas on buildings or structures five stories or greater but no new towers are permitted uses in the R-4 elevator apartment zone, the R-3 multifamily residential zone, the R-3A four-family residential zone, C-1 neighborhood commercial zone, C-3 central commercial zone, C-3A central arterial commercial zone, C-4 special commercial zone, C-5 special commercial zone II and the PO professional office zone.

C.

Antennas and towers are prohibited in the OS open space zone, R-1 single-family residential zone, R-2 two-family residential zone and R-2C two-family residential zone.

D.

Antennas and towers are conditional uses in all other zoning districts.

(Ord. 3678 § 1 (part), 2005: prior code § 40-204)

A.

Notwithstanding anything to the contrary, antennas are permitted as accessory uses and structures in all zoning districts only if installed on an existing tower, structure or building owned by the city of Elizabeth subject to the following requirements:

1.

A license or lease authorizing the tower or antenna has been approved by the city council in its sole discretion.

2.

As a condition of any lease or license under this section in lieu of site plan approval from the approving authority, the provider and city shall seek review under N.J.S.A. 40:55D-31.

3.

The bulk regulations contained in this chapter or elsewhere within the city's land development control ordinance shall not apply to antennas constructed under this section.

4.

Such lease or license is subject to public bidding under N.J.S.A. 40A:11-1 et seq.

B.

Prior to the utilization of the structure or building, a site plan pursuant to Section 17.56.080 of this chapter shall be submitted to the city engineer for review and approval.

C.

Accessory uses and structures as permitted in this section shall be subject to compliance with visual compatibility requirements in Section 17.56.060 of this chapter.

(Ord. 3678 § 1 (part), 2005: prior code § 40-205)

A.

A wireless telecommunications equipment compound may be constructed in support of such antennas or a new tower only consisting with the following requirements:

1.

A wireless telecommunications equipment compound consisting of no more than nine hundred (900) square feet in area for each PWS carrier shall be enclosed within a solid wooden or mesh fence at least seven feet high and no more than eight feet high as approved by the city engineer which shall include a locking security gate. At the city's discretion, a chain link fence may be installed immediately inside the solid wooden fence for security purposes. Barbed wire is prohibited. The height of the equipment building shall not exceed fifteen (15) feet.

2.

A wireless telecommunications equipment compound shall be situated behind existing structures, buildings or terrain features or constructed on the rooftop of such structure or building in a manner which will shield the equipment compound from public view.

3.

When a location out of public view is not possible, a landscape buffer of twenty (20) feet in width shall be provided outside the fence around the equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees of a minimum of three and one-half inches D.P.M. at least eight feet high at the time of planting. The number of trees shall be based on the equivalent of staggered double rows at least fifteen (15) feet on center.

B.

Antennas.

1.

Antenna arrays shall not extend by more than ten (10) feet or ten (10) percent of the overall height of any such building, structure or tower, whichever is less.

2.

The installation of rooftop antennas on the side of a building or structure, between floors or on the facade of a building or structure in any zoning district is strictly prohibited.

3.

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, a color shall be selected to be consistent with the color scheme of the building or structure on which they are mounted in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays. Applicant shall install flush-mounted antennas, whenever possible.

(Ord. 3678 § 1 (part), 2005: prior code § 40-206)

A.

Height and Setbacks. The construction of any new tower shall be only in accordance with all zoning regulations of the zone district in which the proposed tower is to be located and the following additional requirements:

B.

Visual Compatibility. The applicant shall comply with the visual compatibility requirements in Section 17.56.060 of this chapter and in addition, stealth designs shall be employed for proposed antenna support structures to conceal their appearance such as bell towers, artificial trees and similar treatments as approved by the city.

C.

Other Requirements for Towers.

1.

Where new towers or replacements are proposed, the following shall be submitted:

a.

A report by a licensed professional engineer which, in the case of a tower, shall include:

i.

A detailed description of the proposed facility, tower, antennas, equipment compound, structures and associated equipment including height, design, features, access road and power lines, if any,

ii.

Information which demonstrates compliance with the applicable structural standards of EIA/TIA RS 222,

iii.

A description of the tower's capacity, including the number and types of antennas it can accommodate. The report shall indicate the power and frequency of all transmissions to be broadcasted from the facility. In the case of an antenna mounted on an existing structure, the report shall indicate: the existing structure's suitability to accept the antenna, and the proposed method of affixing the antenna to the structure; complete details and scaled drawings of all fixtures and couplings, and the precise point of attachment shall be indicated. Where a roof mount extends above the roof, the applicant shall demonstrate every effort has been made to conceal the mount within or behind existing architectural features to limit visibility from public streets and adjoining properties. Side mounts shall blend with the existing architecture and if over five square feet shall be painted or shielded with material consistent with the design features and materials of the building,

iv.

A map (1:100,000 scale) showing the extent of planned coverage for the PWS within the city and the location and service of applicant-operated facilities,

v.

Plan and elevation drawings showing the proposed tower, antennas and their associated equipment. The plan shall have a scale no smaller than one inch equals forty (40) feet,

vi.

A topographic profile showing the proposed tower, antennas, the equipment compound and all associated equipment. The topography shall be drawn with a minimum of two-foot contour intervals;

b.

The applicant shall submit an environmental impact statement (EIS) which shall address a description of the environmental characteristics of the facility site, archaeological sites and any historically designated areas of the site, any impacts to these and a mitigation plan;

c.

The applicant shall submit a visual environmental assessment form (Visual EAF) which shall include:

i.

A sight line representation shall be shown from any public street within one hundred (100) feet and the closest facade of each building (viewpoint) within one hundred (100) feet to the highest point (visible point) of the regulated facility. Each sight line shall be depicted in profile, drawn at one inch equals forty (40) feet. The profiles shall show existing intervening trees and buildings,

ii.

A plan map of a circle of one mile radius from the facility site on which any visibility of the proposed tower from a public way shall be indicated,

iii.

An architectural rendering of the view of the tower from adjoining properties and streets,

iv.

The applicant shall submit photographs of:

(A)

Existing condition photographs in which each sight line shall be illustrated by an eight-inch by ten (10) inch color photograph of what can currently be seen from any public street within one hundred (100) feet, and at a minimum of eight cardinal radials to the extent that access as needed is granted by property owners,

(B)

Proposed after-condition photographs in which each existing condition photograph shows the proposed facility superimposed on it to scale,

v.

Applicant shall provide a view shed analysis also showing these photograph locations;

d.

A landscape plan addressing the site plan details required by Section 17.56.080(C) of this chapter;

e.

A Site Selection Report.

i.

A site selection report shall inventory existing facilities, towers and antenna sites within a reasonable distance (at least one mile in all directions of all wireless telecommunications carriers within and outside the city of Elizabeth) from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower, facility or antenna cannot be accommodated on an existing tower, building or structure as enumerated in Sections 17.56.030 and 17.56.040(A) and (B) of this chapter due to one or more of the following reasons:

(A)

Written confirmation of the unwillingness of the owner to entertain a facility modification or PWS proposal,

(B)

The applicant's proposed equipment would exceed the structural capacity of existing and approved tower and facilities considering existing and planned uses for the facilities,

(C)

The proposed equipment would cause radio frequency interference, which cannot be reasonably prevented, with other existing or planned equipment of the facility,

(D)

Existing or approved towers or facilities do not have space on which applicant's proposed equipment can be placed so it can function effectively and reasonably,

(E)

Other reasons which make it impracticable to place the equipment proposed by the applicant on an existing approved tower or facilities.

ii.

A statement containing a description of the siting criteria and the process by which other possible sites were considered and eliminated, including but not limited to: real estate search areas, distances and bearings to other system sites, acceptable radio frequency signal strength levels and/or microwave interconnection path requirements. The applicant shall support this statement with the submission of a study comparing all potential host sites within an approximate two-mile radius of the subject site (areas where personal wireless service facilities are prohibited need not be considered). This study should include a description of the surrounding sites, and a discussion of the ability or inability to host a facility. Reasons for excluding a site from consideration may include, without limitation:

(A)

The written confirmation of the unwillingness of the owner to entertain a facility,

(B)

Topographic limitations of the site,

(C)

Adjacent impediments that would obstruct adequate wireless transmissions,

(D)

Physical site constraints that would preclude the construction of a facility, and

(E)

Technical limitations of the proposed wireless system;

f.

A report on compliance with the latest version of the ANSI standards and analyzed according to the requirements of the FCC Bulletin O.E.T. 65 describing the impact on human health, if any, prepared by a radio frequency engineer. The report shall indicate compliance with all applicable FCC regulations and guidelines;

g.

A written irrevocable commitment to rent or lease available space for co-location on the tower at fair market prices and terms, without discrimination to other carriers;

h.

The reviewing agency may require a balloon test which shall be held by the applicant at least fourteen (14) days prior to the public hearing with a notice to the public in a local newspaper of general circulation of the location, time and date. Notice to the public shall be by the applicant at least seven to fourteen (14) days in advance of the first test date and shall list an alternative date and time in case of poor visibility on the initial date. At the test, a three-foot diameter brightly-colored balloon shall be raised to the height of the proposed tower and shall remain in place as long as practical but not less than four consecutive hours sometime between 9:00 a.m. and 5:00 p.m. of the dates chosen.

2.

Existing Towers and Facilities. Where a new PWS or antenna is proposed to be constructed or located on an existing tower structure or building as described in Section 17.56.030 as first priority and Section 17.56.060 of this chapter, the following shall be submitted and considered in addition to the requirements of Section 17.56.050 of this chapter and any city-applicable site plan requirements:

a.

A description of the proposed antennas and associated equipment;

b.

A map (1:100,000 scale) showing the extent of planned coverage for the PWS within the borough and the location and service of applicant-operated facilities;

c.

Plan and elevation drawings at a scale of one inch equals forty (40) feet showing the proposed antennas and their associated equipment;

d.

A report on compliance with the latest version of the ANSI standard and analyzed according to the requirements of the FCC Bulletin O.E.T. 65 describing the impact on human health, if any, prepared by a radio frequency engineer. The report shall indicate compliance with all applicable FCC regulations and guidelines;

e.

A structural analysis of the existing tower with the antennas and associated equipment prepared and signed by a licensed engineer demonstrating compliance with EIS/TIA EIA RS 222;

f.

If the construction or placement constitutes an expansion of a legally nonconforming facility or tower, identification of other facilities or towers where the equipment or antenna could be located and the reason this location is superior to other locations is required.

(Ord. 3678 § 1 (part), 2005: prior code § 40-207)

A.

All site plan details required by the city's site plan ordinance shall be provided and in addition shall include the site boundaries; proposed tower location; existing structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; uses, structures, and land use designations on the site and abutting parcels; and the setback distance between the proposed tower and the nearest residential unit, adjacent properties and other towers.

B.

In the case of an antenna mounted on an existing tower, structure or building listed in Section 17.56.040 or Section 17.56.060 of this chapter, the proposed method of affixing the antenna to the structure or building, complete details and scaffold drawings of all fixtures and couplings and the precise point of all attachments shall be indicated.

C.

A landscape plan drawn scale generally showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed or replaced. In the case of a tower year-round evergreen screening to effectively screen the tower base and equipment buildings and compound; screening to minimize impact of the tower from nearby residential properties; and screening to minimize impact on scenic views identified in the visual EAF.

D.

An environmental impact statement shall be supplied.

E.

A report from a licensed professional engineer containing the following items shall be supplied:

1.

A description of the tower design and height with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

2.

Documentation to establish that the tower has sufficient structural integrity for the proposed uses at the proposed location with additional co-locators, as may be provided by this chapter and meets the minimum requirements of EIA/TIA RS 222; and

3.

The general capacity of the tower in terms of the number and type of antennas it is designed to accommodate.

F.

A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions shall be supplied. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.

G.

Elevations of the proposed tower and compound accurately depicting all proposed antennas, platforms, finished materials and all other accessory equipment shall be supplied.

H.

A copy of lease or deed for the property shall be supplied.

(Ord. 3678 § 1 (part), 2005: prior code § 40-208)

A.

The owner or operator of a tower shall provide to the city planner a report every two years from a licensed professional engineer certifying the structural integrity of the tower or structure, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever the antenna(s) is modified, and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the city planner when the use of such antennas and equipment is discontinued.

B.

Towers and antennas which are not in use for wireless telecommunications purposes for a continuous period of six months are deemed to be abandoned and shall be removed by the facility owner at its cost. This removal shall occur within ninety (90) days of the end of such six-month period. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of approval. The facility owner shall post a bond to cover the cost of tower removal and site restoration prior to its removal. The amount of the bond shall be calculated to account for cost escalations.

(Ord. 3678 § 1 (part), 2005: prior code § 40-209)

The applicant shall pay the site plan application fees set forth in the city's land development control ordinance.

(Ord. 3678 § 1 (part), 2005: prior code § 40-210)