Irvington City Zoning Code
ARTICLE XV
Wireless Telecommunications Towers and Antennas
§ 650-95 Purpose.
The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas. In furtherance of the goals listed below, the Township of Irvington shall give due consideration to the adopted Township Master Plan, Zoning Map,[1] and existing land uses, in considering sites for the location of 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.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 650-96 Applicability.
All new telecommunications towers or antennas in the Township of Irvington shall be subject to these regulations, with the exception of the following:
A.
Amateur radio station operators/receive-only antennas. This section 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.
B.
Residential satellite dish antennas. This section shall not govern any satellite dish antennas used for residential purposes.
C.
AM array. For the purposes of implementing this section, 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.
§ 650-97 General requirements.
A.
Antennas and towers may be considered either principal or accessory uses. The presence of an existing use or structure on a lot shall not preclude the installation of a telecommunications tower or antenna 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.
B.
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.
C.
Each applicant for a telecommunications tower or antenna shall provide the Township with an inventory of its existing telecommunications towers, antennas, or sites approved for telecommunications towers or antennas, that are either within the jurisdiction of the Township of Irvington or within three miles of the borders thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Irvington, provided, however that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
Telecommunications towers and antennas shall meet the following requirements:
(1)
Telecommunications 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.
(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.
(3)
If an antenna is installed on a structure other than a telecommunications 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.
E.
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.
All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agencies of the state or federal government with the authority to regulate telecommunications towers and antennas.
G.
To ensure the structural integrity of telecommunications towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes[1] and the applicable standards for telecommunications towers that are published by the Electronic Industries Association.
H.
Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
I.
Owners and/or operators of telecommunications 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 Irvington have been obtained and shall file a copy of all required franchises with the Township of Irvington.
J.
No signs shall be allowed on an antenna or tower.
K.
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.
§ 650-98 Permitted uses.
A.
Telecommunications towers or antennas shall be permitted on property owned, leased, or otherwise controlled by the Township of Irvington, provided a license or lease authorizing such antenna or tower has been approved by the Township of Irvington. The Township may, as a condition of such lease, require site plan approval.
B.
Telecommunications towers and antennas permitted with a conditional use permit shall be as follows, except as restricted pursuant to Subsection C below:
C.
Telecommunications towers and antennas shall be prohibited as follows:
(1)
No antennas shall be permitted on any existing structure containing one or more residential dwelling units, and no towers shall be permitted on a lot containing one or more residential dwelling units.
(2)
No towers shall be permitted on the site of any existing park, schoolyard, or cemetery. No antennas shall be permitted on the site of any such uses, unless the antenna is mounted to an existing nonresidential structure and fully screened from view.
(3)
No new towers shall be permitted in the CBD, B-1, or any residential zoning district.
§ 650-99 Conditional use regulations.
A.
All antennas permitted on existing nonresidential structures shall be required to comply with the following standards:
(1)
The existing structure shall not contain residential uses and shall not be located in a residential zoning district.
(2)
The antenna does not extend beyond the maximum building height for the zoning district in which the antenna is located.
(3)
The antenna is screened from view or camouflaged to the greatest extent possible.
(4)
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 100 square feet of gross floor area or be more than 10 feet in height.
(b)
For buildings 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.
(c)
If the equipment structure is located on the roof, the area of the equipment structure and other equipment and structures shall not occupy more than 5% of the roof area.
(d)
The cabinet or structure shall not be located in a front yard. The cabinet or structure shall comply with all setback requirements for the zoning district in which the site is located.
(e)
The cabinet or structure shall be surrounded by evergreen trees, shrubs, or hedges with a height of no less than eight feet.
B.
All antennas permitted on existing telecommunication towers shall be required to comply with the following standards:
(1)
A tower that is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.
(2)
An existing tower may be modified or rebuilt to a taller height, provided the new tower meets all the requirements that would normally be required for the construction of a new tower pursuant to this article.
C.
All new permitted telecommunication towers shall be required to comply with the following standards:
(1)
No new tower shall be permitted unless the applicant demonstrates to the satisfaction of the Planning Board 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.
(a)
The Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures and residential district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[4]
Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress;
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures; and
[9]
Availability of proposed tower to other potential users.
(b)
An applicant shall submit information requested by the Planning Board as to the availability of suitable existing towers, other structures or alternative technology.
(c)
In order to demonstrate that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the proposed antenna, the applicant shall submit evidence to that effect. Such evidence definitely proves one or more of the following points:
[1]
No existing telecommunications towers or structures are located within the geographic area which meets the applicant's engineering requirements.
[2]
Existing telecommunications towers or structures are not of sufficient height to meet the applicant's engineering requirements.
[3]
Existing telecommunications 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 existing or approved 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 applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[6]
The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(2)
The tower base and any accessory structures and buildings attached thereto must satisfy the minimum zoning district setback requirements. In addition, the following setback requirements shall apply:
(a)
Telecommunication towers must be set back a distance equal to at least 50% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.
(b)
Telecommunication towers shall be set back from a residential use, residential zoning district boundary, school, place of worship, child-care center, hospital, or philanthropic or eleemosynary use a minimum of 200 feet.
(3)
No proposed telecommunication tower shall be located within 1/2 mile of any preexisting tower.
(4)
Telecommunication towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
(5)
Sites with telecommunication towers shall provide a buffer along those property lines that adjoin residential uses or residential zoning district boundaries. The buffer shall screen the tower from view to the maximum extent possible from the vantage point of those adjoining properties or zones. The buffer shall consist of a strip of land at least five feet wide planted with evergreen trees, shrubs, or hedges at least six feet in height.
(6)
The height of a telecommunication tower shall not exceed 120 feet in height.
(7)
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 10 feet in height.
(b)
The cabinet or structure shall not be located in a required front yard. The cabinet or structure shall comply with all setback requirement for the zoning district in which the site is located.
(c)
The cabinet or structure shall be surrounded by evergreen trees, shrubs, or hedges with a height of no less than eight feet.
§ 650-100 Submission requirements.
In addition to any information that would normally be required in conjunction with a conditional use permit application, applicants for a conditional use permit for a telecommunication tower or antenna 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 200 feet of the site, 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 to be necessary to assess compliance with this section.
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 Article XV, Wireless Telecommunication Towers and Antennas, 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 description of compliance with all relevant provisions of this article.
H.
A notarized statement by the applicant as to whether construction of the 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 feasible location(s) of future towers or antennas within the Township of Irvington based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
L.
A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen.
M.
A statement of intent on whether excess space will be leased.
N.
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.
§ 650-101 Removal, abandonment, and rebuilding.
A.
Any telecommunication tower or antenna that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such telecommunication tower or antenna shall remove the same within 90 days of receipt of notice from the Township of Irvington 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 Township 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 of such removal.
B.
Nonconforming telecommunication towers or antennas that are damaged or destroyed may not be rebuilt without first having to obtain a conditional use permit pursuant to Article XV, Wireless Telecommunication Towers and Antennas. The type and location of the new tower shall be the same as the preexisting tower, and the height shall be no taller than the original tower. Building permits to rebuild the facility 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 this section.