Haledon City Zoning Code
ARTICLE VI
Wireless Telecommunications Facilities
§ 405-41 Purpose; goals.
A.
The purpose of this article is to establish general guidelines for the siting of wireless communications towers, antennas and facilities. 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)
Permit the providers of telecommunications services to provide such services to the community at appropriate locations as determined in this article;
(8)
Consider the public health and safety of communications towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and the careful siting of tower structures.
B.
In furtherance of these goals, Haledon shall give due consideration to the Haledon Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers, antennas and facilities.
§ 405-42 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
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.
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 communications 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 natural grade that has not been altered by excavation or importation of material grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna as well as any structure on which the tower or another structure is built or in any way affixed or attached.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications 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. The enumeration contained herein is by way of illustration but not limitation.
§ 405-43 Applicability.
A.
New tower and antennas. All new towers or antennas, as defined in this article, in Haledon shall be subject to these regulations; except as otherwise provided.
§ 405-44 General requirement.
A.
Principal or accessory use. Antennas and towers, where permitted, within the meaning of this article, shall be a principal use rather than accessory use.
B.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district 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.
C.
Inventory of existing sites. Each applicant for an approval of an antenna and/or tower shall include an inventory of existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of Haledon or within one mile of the border thereof, including specific information about the location, height, and design of each tower.
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, or shall be in accordance with any conditions of approval granted by Haledon.
(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, and the determination of compliance shall be in accordance with any Haledon resolution of approval.
(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. The determination of compliance with the within criteria, as well as all other criteria, shall be in the sound discretion of Haledon.
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, 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 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 removal of the tower or antenna at the owner's expense. The owners shall, in the case of conflicting Code standards, comply with the most stringent of the applicable standards.
H.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Haledon 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 unless otherwise required by the provisions of law.
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 communications system in Haledon have been obtained and shall file a copy of all required franchises with the Borough.
K.
Public notice. For purposes of this article, any application to Haledon shall require public notice to all abutting property owners and property owners of properties that are located within the corresponding separation distance required by this article, in addition to any notice otherwise required by the Zoning Ordinance and the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.)
L.
Signs. No signs shall be allowed on an antenna or tower except small warning signs.
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this article.
§ 405-45 Permitted uses.
A.
General. The uses listed in Subsection B of this section are deemed to be permitted uses but shall be subject to the conditions herein provided.
B.
Permitted uses. Except as specifically prohibited, antennas or towers are permitted uses on property owned, leased, or otherwise controlled by the Borough of Haledon provided a license or lease authorizing such antenna or tower has been approved by the Mayor and Council upon the filing of an application and hearing as required by this article and/or by law. Attached to, and incorporated into this article, is Schedule A, a list of Borough-owned, leased or controlled property on which antennas or towers are prohibited.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
§ 405-46 Uses on Borough property.
A.
General. The following provisions shall govern the issuance of approvals by the Mayor and Council for towers, antennas and facilities on Borough property:
(1)
The Mayor and Council may approve the uses listed in this section.
(2)
Each applicant for administrative approval shall apply to the Mayor and Council providing the information required by this article and a nonrefundable fee of $1,500 to reimburse the Borough for the costs of reviewing the application. In the event that the services of professional consultants are required by the Borough to review the application or the fees of the Borough Attorney and Borough Engineer are in excess of the amount of the application fee, the applicant may be required to post a cash escrow which shall be administered conformable to the requirements of the Municipal Land Use Act.
(3)
The Mayor and Council shall review the application for completeness to determine if the proposed use complies with the requirements of this article.
(4)
In connection with any administrative approvals the Mayor and Council may grant waivers upon a showing by the applicant that the advantages of the waiver outweigh the detriment and that the waiver will not substantially impair the public good.
(5)
The Mayor and Council shall use the standards of the within article in determining whether to permit the proposed construction.
(6)
If the application is denied by the Mayor and Council the applicant shall have a right to file an appeal in the Superior Court or the applicant may apply for an approval as otherwise provided in this article.
B.
Permitted uses in industrial and business zone.
(1)
In the event of a denial of an application to the Mayor and Council for permission pursuant to this article, the applicant may file a site plan application with the Planning Board for site plan approval for wireless communications facility consistent with the requirements of the within article. Any departure from the provisions of the within article shall require an application for a variance pursuant to N.J.S.A. 40:55D-70(c). If a variance pursuant to N.J.S.A. 40:55D-70(d) is required, the entire appeal shall be filed with the Planning Board.[1]
(2)
Such an application shall be governed by the following standards:
(a)
Height.
[1]
An existing tower may be modified or rebuilt to a taller height, not to exceed 30 feet over the tower's existing height, to accommodate the collocation of an additional antenna but shall not exceed the overall height limitations of this article.
[2]
The height change referred to may only occur one time per communications tower.
[3]
The additional height referred to shall not require an additional distance separation as set forth in this article. The tower's premodification height shall be used to calculate such distance separations.
(b)
On-site location.
[1]
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 subject, however, to the distance separation required by this article.
[2]
After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
[3]
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 this article.
§ 405-47 Residential zone districts.
A.
Towers, antennas and structures within the meaning of this article are prohibited in residential districts. An applicant shall have a right to submit a use variance application to the Planning Board pursuant to the provisions of N.J.S.A. 40:55D-70(d). The applicant shall, in addition to meeting the criteria of the affirmative and negative proof under N.J.S.A. 40:55D-70(d), have the burden of proof as to the criteria of this article applicable to Borough property or as to industrially or commercially zoned property as well as any other criteria in the within article. The applicant shall also have the burden of proof of demonstrating that it cannot build the facility on Borough-owned land nor on commercial- or industrial-zoned land.[1]
B.
Towers.
(1)
Information required. In addition to any information required for applications pursuant to any provisions of this article, the applicant 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 this article, 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 Zoning Board to be necessary to assess compliance with this article.
(b)
Legal description of the parent tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential unit, and vacant residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this article shall be shown on an updated site plan map. The applicant shall also identify the type of construction of the existing tower(s).
(e)
A description of compliance with the provisions of this article and all applicable federal, state or local laws.
(f)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(g)
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.
(h)
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.
(i)
A description of the feasible location(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(2)
Factors considered in granting approval for towers, antennas and structures. In addition to any standards for consideration of the application with the Municipal Land Use Act, the Board shall consider the following factors in determining whether to issue an approval:
(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; and
(h)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures.
(3)
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 Borough 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.
(b)
An applicant shall submit information requested by the 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:
[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 wireline system, is unsuitable. Costs of alternative technology that exceed a 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 an approval is required; provided, however, the Board may reduce the standard setback requirements if the goals of this article would be better served thereby and the applicant otherwise complies with the Municipal Land Use Act: Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
(5)
Separation. The following separation requirements shall apply to all towers and antennas for which an approval is required:
(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/Designated Area | Separation Distance | |
Single-family or duplex residential units | 200 feet or 300% of the height of the tower, whichever is greater | |
Vacant single-family or duplex residentially zoned land which has preliminary subdivision plan approval which is not expired or which has been otherwise subdivided | 200 feet or 300% of the height of the tower, whichever is greater | |
Vacant residentially zoned lands | 100 feet or 100% of the height of the tower, whichever is greater | |
Existing multifamily residential units greater than duplex units | 100 feet or 100% of the height of the tower, whichever is greater | |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply | |
(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 shown as Table 2.
Table 2 | ||||
|---|---|---|---|---|
Existing Tower Types | ||||
Proposed Tower Types | Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less Than 75 Feet in Height |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
(6)
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height securely and permanently affixed to the ground and shall also be equipped with an appropriate anticlimbing device.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers; provided, however, that the Board may waive such requirements if the goals of this article would be better served thereby:
(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. 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 or waived.
(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.
§ 405-48 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 300 square feet of gross floor area or be more than 20 feet in height measured from the mean ground level.
(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 50% 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 residential districts, the equipment cabinet or structure may be located:
(a)
In a front side yard, provided that the cabinet structure is no greater than eight feet in height or 30 square feet of gross floor area and the cabinet/structure is located the same distance from the lot lines as required by ordinance as to towers and antennas. 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.
(b)
In a rear yard, provided that the cabinet or structure is no greater than eight feet in height or 30 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 36 inches.
(2)
In commercial or industrial districts, the equipment cabinet or structure shall be no greater than 15 feet in height or 300 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. 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 four feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
C.
Antennas located on towers. The related unmanned equipment structure shall not contain more than 300 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.
§ 405-49 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 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 uses of a single tower, then this provision shall not become effective unless all users cease using the tower.
§ 405-50 Application considerations.
A.
In the review of any application for approval pursuant to the provisions of the within article, the reviewing Board shall not impose unreasonable limitations on the rights of the applicant pursuant to the provisions of the United States Constitution and the provisions of federal legislation or the regulations of the FCC.
B.
In connection with any application either to the Mayor and Council as to municipal property or as to the Planning Board as to other property, all of the technical standards contained in the within article as to any category of application shall apply to any application.[1]
C.
In an application to the Mayor and Council, the Mayor and Council shall have a right to refer the matter to the Planning Board for hearings and a recommendation. The decision shall be made, however, by the Mayor and Council.
D.
Any application to site the facility on Borough property shall be subject to the public bidding statutes of the State of New Jersey as well as subject to a lease agreement with appropriate financial conditions agreeable to the Borough.
E.
In considering the application, the Mayor and Council and the Planning Board shall not consider evidence or issues relating to electromagnetic microwave or radio emission in ruling on the application, such issues having been preempted pursuant to the New Jersey Radiation Detection Act and the applicable federal statutes. The Borough may, nonetheless, condition approval, if approval is given, upon the submission to the Borough of evidence of state and/or federal approval as the case may be.[2]
F.
In deciding an application after notice and hearing the Board shall adopt a resolution which shall contain specific findings of fact and conclusions of law dealing with the criteria of the Land Use Act and the within article.
G.
In deciding an application, the Board shall make specific findings of fact and conclusions as to whether the proposed structure will be aesthetically displeasing in its setting and shall have the right to impose conditions in order to minimize any adverse aesthetic impact. The applicant shall be required to submit with its application an adverse aesthetic impact report.
H.
The Board shall give consideration to the nature of the community, the other uses permitted in the zone, the existing uses in the surrounding area, the alternative means available for satellite transmission and reception and any other circumstances with may be pertinent.
I.
The Board shall give consideration as to whether prohibiting the applicant from erecting its facility in Haledon would have the probable practical effect of prohibiting the applicant's communications facility from operating or that the audience it could reach would be different. The Board shall also consider whether there are other available locations outside of Haledon on which applicant's facilities could be more suitably located and still provide essentially the same communications services. The applicant shall have the burden of proof as to these criteria.
§ 405-51 Height of towers.
In all applications the height of a tower for a single use shall not exceed 90 feet; for two users shall not exceed 120 feet; and for three or more users shall not exceed 150 feet. The Board reviewing the application may impose a limitation for a lesser height as long as the lesser height will achieve the required transmission.