Hackensack City Zoning Code
ARTICLE XIV
Wireless Telecommunications Towers and Antennas
§ 175-14.1 Purpose.
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:
A.
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
B.
Encourage the location of towers in nonresidential areas;
C.
Minimize the total number of towers throughout the community;
D.
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
E.
Encourage users of towers and antenna to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
F.
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;
G.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
H.
Consider the public health and safety of communication towers; and
I.
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
§ 175-14.2 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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.
ANTENNA
Any exterior transmitting or receiving device mounted on a tower, building or structure and use in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals) wireless telecommunication signals or other communication signals.
ANTICIPATED MUNICIPAL EXPENSES
The cost of processing an application for a right-of-way permit including, but not limited to, all professional fees such as engineer and attorney costs to the City.
APPLICANT
A person or entity who submits an application under this article.
APPLICATION
A written request submitted by an applicant to the City for a permit: to locate or co-locate, or to modify, a communications facility underground or on any existing support structure, pole, or tower; or to construct, modify or replace a new support structure, pole or tower or any other structure on which a communications facility will be co-located.
BACKHAUL NETWORK
The lines that connect a providers tower site to one or more cellular telephone switching offices and or long distance providers or the public switched telephone network.
CABINET
A small box-like or rectangular structure used to facilitate utility or wireless service from within the municipal right-of-way.
CO-LOCATE
To install, mount, maintain, modify, operate and/or replace a communications facility on an existing support structure, pole, or tower or any other structure capable of supporting such communications facility. "Co-location" has a corresponding meaning. The term does not include the installation of a new utility pole, tower or support structure in the public right-of-way.
ELECTRIC DISTRIBUTION SYSTEM
The part of the electric system, after the transmission system, that is dedicated to delivering electric energy to an end user.
EXISTING POLE
A pole that is in lawful existence within the municipal right-of-way.
FAA
The Federal Aviation Administration.
FCC
The Federal Communication Commission.
GROUND-LEVEL CABINETS
A cabinet that is not attached to an existing pole and is touching the ground.
HEIGHT (ANTENNA TOWER)
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.
MUNICIPAL RIGHT-OF-WAY
The surface of, and the space above or below, any public street, road, lace, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the City as an easement or in fee simply ownership. This term also includes rights-of-way held by the County of Bergen where the City's approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
POLE
A long, slender, rounded piece of wood or metal.
POLE-MOUNTED ANTENNA
A device that is attached to a pole and used to transmit radio or microwave signals and shall include, but not be limited to, small cell equipment and transmission media such as femtocells, picocells, microcells, and outside distributed antenna systems.
POLE-MOUNTED CABINET
A cabinet that is proposed to be placed on an existing or proposed pole.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or conditional use permit has be properly issued prior to the effective date of this article including permitted towers or antenna that have not been constructed so long as each approval is correct and not expired.
PROPOSED POLE
A pole that is proposed to be placed in the municipal right-of-way.
PROVIDER
A communications service provider or a wireless services provider and includes any person that owns and/or operates within the public row any communications facilities, wireless facilities, poles built for the sole or primary purpose of supporting communications facilities or towers.
RIGHT-OF-WAY AGREEMENT
An agreement that sets forth the terms and conditions for use of the municipal right-of-way and includes, but is not limited to, municipal franchise agreements.
RIGHT-OF-WAY PERMIT
An approval from the City setting forth applicant's compliance with the requirements of this article.
SATELLITE ANTENNA
A reflective dish structure which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and serves as an accessory structure to a principal permitted structure or use.
SURROUNDING STREETSCAPE
Existing poles within the same right-of-way which are located within 500 feet of the proposed pole.
TOWER
Any structure that is designed and constructed primary for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes including self-supporting lattices, 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.
UTILITY SERVICE
Electric, telephone, or cable service.
§ 175-14.3 Applicability.
A.
New towers and antennas. All new towers or antennas in the City of Hackensack shall be subject to these regulations, except as exempted, below:
(1)
Amateur radio station operators/receive only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(2)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 175-14.4H and I, absent any enlargement or structural modification or the addition of any structures.
(3)
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. Measurements 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.
§ 175-14.4 General requirements.
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses.
(1)
Notwithstanding any other Hackensack land use regulation, a different existing use or structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
(2)
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development 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 lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Administrative Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the City of Hackensack or within three miles of the border thereof, including specific information about the location, height, and design of each tower. The Administrative Officer may share such information with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of the City of Hackensack; provided, however, that the Administrative Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
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.
(b)
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.
(c)
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.
(5)
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.
(6)
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.
(7)
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.
(a)
If, upon inspection, the City of Hackensack 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.
(8)
Nonessential 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.
(9)
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 City of Hackensack have been obtained and shall file a copy of all required franchises with the Administrative Officer.
(10)
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 herein, in addition to any notice otherwise required by the Zoning Ordinance.
(11)
No signs shall be allowed on an antenna or tower.
(12)
Buildings and other equipment. Storage and support equipment associated with antennas or towers shall comply with the requirements of § 175-14.7.
(13)
Multiple antenna/tower plan. The City of Hackensack encourages and mandates the users of towers and antennas to co-locate antennas. Applications for approval of co-location sites shall be given priority in the review process.
§ 175-14.5 By-right permitted telecommunications and antennas.
A.
Permitted uses. The following uses are specifically permitted uses and shall require administrative approval for site plan approval:
(1)
Antennas or towers located on property owned, leased, or otherwise controlled by the City of Hackensack, other than public rights-of-way, provided a license or lease authorizing such antenna or tower has been approved by the City of Hackensack.
(a)
The City may, as a condition of such lease, require site plan approval.
(b)
The decision to extend such leases to an applicant shall be vested solely with the municipality, and shall not be governed by this article.
§ 175-14.6 Conditionally permitted telecommunications and antennas.
A.
Antennas on existing structures or towers, consistent with the terms of Subsection A(1) and (2), below:
(1)
Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure not located in a residential zone, provided:
(a)
The antenna does not extend more than the maximum building height for the zone wherein the structure is located as required herein;
(b)
The antenna complies with all applicable FCC and FAA regulations; and
(c)
The antenna complies with all applicable building codes.
(2)
Antennas on existing towers. An antenna may be attached to an existing tower in a nonresidential zone 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:
(a)
A tower which is 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 Planning Board or Board of Adjustment under site plan approval allows reconstruction as a monopole.
(b)
Height. An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this article. The height change may only occur one time per communication tower. The additional height shall not require an additional distance separation as set forth in subsection § 175-14.6D. The tower's premodification height shall be used to calculate such distance separations.
B.
New towers.
(1)
New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits, applicants 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 within the applicable separation distances set forth in subsection § 175-14.6D, 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 or Board of Adjustment to be necessary to assess compliance with this article.
(b)
Legal description of the entire 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 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)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(g)
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
(h)
Identification of the entities providing the backhaul network for the owned or operated by the applicant in the City.
(i)
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.
(j)
A description of the feasible location(s) of future towers or antennas within the City of Hackensack based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(k)
A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen.
(l)
A statement of intent on whether excess space will be leased.
(2)
Availability of suitable existing towers, other structures, or alternative technology.
(a)
No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board or Board of Adjustment 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 or Board of Adjustment 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 meeting one, some, or all of the following may entitle the applicant to approval):
[1]
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
[4]
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.
[5]
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.
[6]
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7]
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 wire-line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
C.
Height. The maximum height of new towers shall be:
(1)
For single user, up to 120 feet in height;
(2)
For two users, up to 135 feet in height;
(3)
For three or more users, up to 150 feet in height.
D.
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:
(1)
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all non-appurtenant buildings.
(2)
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(3)
No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
(4)
The minimum tower setback from a residential zone district line and from any school and from any site designated on the federal, state or municipal historic register shall be 500 feet.
E.
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:
(1)
Separation from off-site uses/designated areas.
(a)
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 A, except as otherwise provided in Table A.
(b)
Separation requirements for towers shall comply with the minimum standards established in Table A.
Table A | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Residential, public parks, schools or place of worship | 200 feet or 300% height of tower, whichever is greater |
Vacant residentially zoned land | 200 feet or 300% height of tower, whichever is greater |
M-1 and M-2 Zones | None; only zoning code setbacks apply |
(c)
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 B.
Table B | ||||
|---|---|---|---|---|
Existing Tower Types | ||||
Proposed Tower Types | Lattice (linear feet) | Guyed (linear feet) | Monopole 75 Feet in Height or Greater (linear feet) | Monopole Less Than 75 Feet in Height (linear feet) |
Guyed | 5,000 | 5,000 | 1,500 | 712 |
Monopole 75 feet in height or greater | 5,000 | 5,000 | 1,500 | 750 |
Monopole less than 75 feet in height | 1,500 | 1,500 | 1,500 | 750 |
F.
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.
G.
Landscaping.
(1)
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 or planned residences. The standard buffer shall consist of a landscaped strip at least five 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 a sufficient buffer.
H.
General requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:
(1)
If the tower or antenna is not a permitted use, then a conditional use permit shall be required for the construction of a tower.
(2)
In granting a conditional use permit, the Planning Board or Board of Adjustment may impose conditions to the extent the Planning Board or Board of Adjustment concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(3)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(4)
An applicant for a conditional use permit shall submit the information described in this article and a nonrefundable application fee and an escrow deposit as required by the City of Hackensack.
(5)
Telecommunication towers shall be permitted as conditional uses in the M-1 Zones.
§ 175-14.7 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 building codes.
B.
Antennas mounted on utility poles or light poles. 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 the cabinet or structure is no greater than six feet in height or 100 square feet in 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 inches to 48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided 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 six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
(4)
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 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
§ 175-14.8 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 City of Hackensack 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 City 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 guarantee in a face amount of not less than 120% of the cost (as determined by the City Engineer) of such removal, grading and restoration to a state required under all applicable City ordinances, including but not limited to the City Property Maintenance Code.[1]
[1]
Editor's Note: See Ch. 100, Housing and Property Maintenance.
§ 175-14.9 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 herein. 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 if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 175-14.8.
