Hope Township City Zoning Code
§ 20-22.15
Wireless Communication Towers and Antennas.
[Ord. #99-06, §§ 1—10; Ord. #04-07, §§ I, II]
a.
Purpose. The purpose of this subsection is to set forth terms and conditions for the siting of wireless communications towers and antennas within the geographic boundaries of Hope Township. The goals of this subsection are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in specific areas within the Township; (3) minimize the total number of towers throughout the Township; (4) strongly encourage the joint use of new and existing tower sites for collocation of antennas as a primary option rather than the construction of additional single-use towers; (5) encourage users of towers and antennas to located them, to the greatest extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid substantial detriment to the public good and will not substantially impair the intent and purpose of zoning. In furtherance of these goals, the Township of Hope shall give due consideration to the Township of Hope's master plan, zoning map, existing land uses and environmentally sensitive areas including, but not limited to view corridors, in approving sites for the location of towers and antennas. This subsection further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to manage with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This ordinance expressly recognizes that the New Jersey Supreme Court, in Smart SMR of New York, Inc. v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
b. ANTENNA APPROVING AUTHORITY BACKHAUL NETWORK FAA FCC HEIGHT PREEXISTING TOWERS AND PREEXISTING ANTENNAS STEALTH TOWER STRUCTURE TOWER VIEW CORRIDOR
Definitions.
Shall mean 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.
Shall mean the Planning Board with respect to conditional use permits; the Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D-70(d)(1) and/or (3); and/or, the Zoning Officer for permitted uses with respect to this subsection and applicable Township Code provisions as well as applicable State and Federal law.
Shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance provider, or the public switched telephone network.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean, when referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
Shall mean any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this subsection,[1] including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to subsection 20-22.15e2(a) on property owned, leased or otherwise controlled by the Township of Hope.
Shall mean man-made trees, clock tower, bell steeples, light poles and other similar alternative-design mounting structures that camouflage and/or conceal the presence of antennas or towers.
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers of monopole towers. Guyed towers are not permitted within the Township. The term includes, but is not limited to, radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term also includes the structure and any support thereto.
Shall mean an open area, the natural features of which are visually significant or geologically or botanologically unique visible from highways, waterways, railways, major hiking and biking and equestrian trails providing vistas over water, across expanses of land or from mountain tops or ridges.
c.
Applicability.
1.
New Towers and Antennas. All new towers or antennas in the Township of Hope shall be subject to these regulations, except as provided in subsections 20-22.15c2 through 4 inclusive.
2.
Amateur Radio Station Operators/Receive Only Antennas. This subsection 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 ratio station operator or is used exclusively for receive only antennas.
3.
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this subsection, other than the requirements of subsection 20-22.15d6 and 7.
4.
Satellite Dish Antennas. This subsection shall not govern any parabolic satellite antennas. However, dish antennas on a tower are prohibited in favor of other forms of antennas, such as whip antennas.
d.
General Requirements.
1.
Principal or Accessory Use. Antennas and towers may be considered an accessory use when located on municipal property, otherwise they are to be considered principal uses.
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 Approving Authority, an inventory of all existing towers (both those controlled by the appellant as well as their competitors), antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Hope or within three miles of any border of the Township thereof, including specific information about the location, height, and design of each tower. The Zoning Officer shall share such information with other applicants applying for administrative approvals or permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Township of Hope, provided, however, that the Zoning Officer is not, by sharing such information in any way, representing or warranting that such sites are available and/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 or the Township, 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 surrounding buildings and any sight vistas, and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view.
(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 lit, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen and approved by the Approving Authority must cause the least disturbance to the surrounding views.
6.
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 Township of Hope 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 calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
7.
Not Essential Services or Inherently Beneficial Uses. Towers and antennas shall be regulated and permitted pursuant to this subsection and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
8.
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 Township of Hope shall have been obtained and shall file a copy of all required franchises with the Zoning Officer.
9.
Public Notice. For purposes of this subsection, any conditional use or variance request shall require public notice in accordance with the provisions of the Municipal Land Use Law.
10.
Signs. No signs shall be allowed on an antenna or tower.
11.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 20-22.15g.
12.
Multiple Antenna/Tower Plan. The Township of Hope encourages and mandates the users of towers and antennas of collocate antennas where technically, practically, and economically feasible. Applications for approval of collocation sites shall be deemed to have satisfied the purposes of this subsection.
13.
At the time of application, the tower construction/ owner shall be required to submit computer enhanced photos showing how the tower will reflect upon the surrounding properties/geographic area.
14.
All towers shall be equipped with anti-climbing devices to prevent the unauthorized access to the tower and the antennas located thereon.
15.
All applicants for construction of a tower must receive site plan approval in accordance with the ordinances of the Township of Hope and the Municipal Land Use Law, where applicable.
16.
All towers and appurtenances shall be required to have their wiring for such necessities as telephone and electricity (for example) placed underground to the site and tower/appurtenant buildings.
17.
Any towers constructed within the Township shall, if required by the Township, have placed upon such tower any emergency sources antenna required by the Township for its use at no cost to the Township.
18.
Design Details.
(a)
Any proposed new tower shall be of a "mono-pole" variety, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the collocation of additional antennas on the tower.
(b)
No antenna shall be located on any tower in order to provide non-cellular telephone service. Such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.
19.
Land Disturbance. The applicant shall be required to demonstrate that the extent of disturbance shall be the minimum required for the construction of the tower and all the pertinent structures thereto. Said information shall be submitted in a format that is acceptable to the Township Engineer for review. The applicant shall be required to minimize disturbance by use of appropriate engineering devices including, but not limited to, fences, retaining walls, and the like.
20.
Access. The applicant shall demonstrate to the Approving Board that the driveway access shall be sufficient to provide a safe and efficient access to and from the site. However, the applicant shall be authorized to utilize driveway standards of the Township of Hope to meet the access requirements.
e.
Permitted Uses.
1.
General. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.
2.
Permitted Uses. The following uses are specifically permitted:
Antennas or towers located on property owned, leased, or otherwise controlled by the Township of Hope of five or more acres provided a license or lease authorizing such antenna or tower has been approved by the Township of Hope. However, the Township shall, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Township; shall not be governed by this ordinance; and shall be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey. The Township, in its absolute discretion, reserves the express right to deny any and/or all use of its property for antennas or towers.
3.
The Township encourages the concept of collocation.
f.
Conditional Use Permits and Variance Applications.
1.
List of Conditional Uses. Towers shall be authorized as conditional uses on all nonmunicipal property in the Township of Hope, subject to the following conditions:
(a)
Existing and new towers; antennas on existing towers consistent with the terms below. The Township encourages the concept of collocation. An antenna may be attached to an existing tower to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Approving Authority allows reconstruction as a monopole.
(2)
(3)
Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:
(i)
Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line, all non-appurtenant buildings, and street right-of-way line.
(ii)
Accessory buildings must satisfy the minimum zoning district setback requirements.
(iii)
No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.
(4)
Security fencing. Towers shall be enclosed by security fencing not less than eight (8') feet in height and shall also be equipped with appropriate anti-climbing measures.
(5)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
(i)
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 ten (10') feet wide outside the perimeter of the compound.
(ii)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(iii)
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.
(6)
General requirements. The following provisions shall govern the issuance of conditional use permits or variances for towers or antennas by the Approving Authority:
(i)
If the tower or antenna is not a permitted use under subsection 20-22.15e, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or within the zoning districts designated for a tower or antenna within Hope Township.
(iii)
In granting conditional use permit or variance, the Approving Authority may impose conditions to the extent the Approving Authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(iv)
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
(v)
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Township of Hope and subject to the provisions of subsection 20-22.15e2.
(vi)
The application fee and escrows shall be paid as required herein.
g.
Submission Requirements.
1.
New Towers May Be Constructed to Hold Antennas. In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and State law, applicants for a conditional use permit or a variance for a tower shall submit the following information to the Approving Authority.
(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), and all properties within the applicable separation distances set forth in subsection 20-22.15f, 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 Approving Authority to be necessary to assess compliance with this subsection.
(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 submitted pursuant to subsection 20-22.15d3 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 including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage.
(h)
A notarized statement by the applicant as to whether construction of a tower will accommodate collocation of additional antennas for future users.
(i)
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 Township.
(j)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k)
A description of the feasibility of locations of future towers or antennas within the Township of Hope based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l)
In order to provide evidence that the proposed location of the proposed tower(s) (and proposed antennas and ancillary building enclosing related electronic equipment) have been planned to result in the fewest number of tower locations within Hope Township at the time full serve is provided by applicant throughout the Township, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout Hope Township. Essentially and summarily, the overall comprehensive plan shall indicate the following.
(1)
How the proposed location of the proposed tower relates to the location of any existing towers within and near the Township of Hope;
(2)
How the proposed location of the proposed tower relates to the anticipated need for additional towers within and near the Township of Hope by the applicant and by other providers of cellular communications services within the Township;
(3)
How the proposed location of the proposed tower(s) relates to the objective of collocating the antennas of many different providers of cellular communications services on the same tower; and
(4)
How the proposed location of the proposed tower(s) relates to the overall objective of providing full cellular communications services within Hope Township, while at the same time, limiting the number of towers to the fewest possible.
(m)
A visual study depicting where, within a one mile radius measured at ground level, any portion of the proposed tower could be seen.
(n)
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
(o)
Documentary evidence regarding the need for the tower which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower at a particular location within the Township. The evidence shall include a radio frequency engineering analysis for the search area for the towers.
2.
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Approving Authority 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 Approving Authority related to the availability of suitable existing towers, stealth tower structures, 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:
(a)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
Applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
Applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
Applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
h.
Buildings or Other Equipment Storage.
1.
Antennas Mounted on Structures on Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than eight (8') feet in height. In addition, for buildings and structures which are less than forty-eight (48') 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.
(b)
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.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
2.
For antennas located on towers, the related unmanned equipment structure shall be located in accordance with the minimum accessory structure requirements of the zoning district in which it is located and the building shall be constructed aesthetically to be compatible with the surrounding character of the neighborhood.
3.
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight (8') feet in height and an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least six (6') feet.
i.
Removal of Abandoned Antennas and Towers. An antenna or tower that is not in use or operation for its intended and approved purpose for a continuous period of six months shall be considered abandoned (" no longer operative") and the owner of such antenna or tower shall remove the same within 60 calendar days of the mailing of notice to the owner of such determination. If not removed within that time period, it shall be grounds for the Township to require removal of 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 Township shall condition the issuance of any permit to construct a tower or antenna on the requirement that the property owner be required to remove the tower and restore the property as determined by the Township Engineer when the last user of said tower will no longer actively need the tower for its communications system.
j.
Existing Towers, Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed to the extent that the nonconforming provisions no longer apply under law may not be rebuilt without having to first obtain approval from the Approving Authority and without having to meet the separation requirements specified in subsection 20-22.15f. 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 calendar 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 subsection 20-22.15h.