Lakehurst City Zoning Code
§ 25-30.13
Communication Towers and Antennas.
[Ord. No. 2002-08]
a. ANTENNA COMMUNICATION TOWER PREEXISTING TOWERS AND PREEXISTING ANTENNAS TOWER
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 communication signals.
shall mean and include any and all antennas and towers as defined in this section, together with other accessory structures and equipment associated therewith.
shall mean any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the Borough Council, prior to the effective date of this Ordinance No. 2002-08, including permitted towers or antennas that have not yet been constructed so long as such approval is current and snot expired.
shall mean any structure that is designed and constructed primarily for the purpose of supporting on or more antennas for telephone, radio and similar communication purposed, 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 shall include the structure and any support thereof.
b.
Applicability.
1.
All towers and antennas within the Borough of Lakehurst shall be subject to these regulations, except as provided in paragraphs b.2 and b.3 below.
2.
This subsection shall not govern any tower, or the installation of any antenna, that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.
3.
Lawful, preexisting, nonconforming towers and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, preexisting, nonconforming structures.
c.
Locations Permitted. A communication tower shall be a permitted conditional use in the B1, B2, LI zones within the Borough of Lakehurst, subject to the following conditions:
1.
Communication towers shall only be permitted on property owned, leased or otherwise controlled by the Borough of Lakehurst.
2.
The Borough of Lakehurst must give its consent before its property may be used for a communication tower. This consent shall be in the form of a resolution of approval adopted by the Mayor and Council of the Borough of Lakehurst.
3.
No communication tower shall be erected or operated within the Borough except pursuant to a license issued by the Mayor and Council or a lease entered into between the operator of the facility and the Borough.
4.
All communication towers shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.
(b)
Towers shall not be artificially lighted, unless required by the F.A.S. or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(c)
No signs shall be allowed on an antenna or tower.
5.
No tower or antenna shall be permitted in any residential zones within the Borough.
d.
Application Procedure.
1.
All applications for the construction or modification of towers or antennas within the Borough of Lakehurst shall be made to the Borough Zoning Officer who shall transmit copies to the Borough Clerk and the Borough Engineer.
2.
The Zoning Officer shall review the application to determine if the proposed tower or antenna meets all of the conditions contained in this subsection. The Zoning Officer shall respond to cach such application within 30 days of reviewing it.
3.
If the Zoning Officer determines that the applicant has met all of the conditions of this subsection, he shall administratively approve the application.
4.
If the Zoning Officer determines that the applicant has not met all of the conditions of this subsection, he shall deny the application.
e.
Maintenance and Abandonment.
1.
All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, 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 subsection 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 or 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.
2.
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. 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 the removal of the tower or antenna at the owner’s expense.
3.
In the event any communication tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of Lakehurst, at the sole expense of the operator.