Linden City Zoning Code
§ 31-28.6
Standards and Details.
[Ord. No. 37-39 § 6; Ord. No. 48-21 § 1]
a.
General. The following provisions shall govern the approvals for towers and antennas:
1.
All applications for towers and antennas require a site plan prepared in accordance with the Land Development regulations.
2.
Towers and antennas are only permitted in zones L-I, L-IA, L-IB, H-I and HD.
3.
A five hundred (500) foot buffer is required between a proposed site and a nonpermitted zone district, except for towers and antennas specified in subsection 31-28.5b.
4.
Site plans for towers and antennas not meeting the requirements of subsection 31-28.6a2 or 3 shall be presented to the Zoning Board of Adjustment for approval of a use variance.
b.
Details.
1.
A new tower may be located in a zoning district provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the tower is in conformity and, with the goals set forth in subsection 31-28.1 and the requirements of subsection 31-28.4; and the tower meets the setback requirements in subsection 31-28.6a3 and separation distances in subsection 31-28.6b4; and the tower meets the following heights and usage criteria:
(a)
For a single user, up to ninety (90) feet in height;
(b)
For two (2) users, up to one hundred twenty (120) feet in height; and
(c)
For three (3) or more users, up to one hundred fifty (150) feet in height.
2.
In addition to the site plan requirements described in the Land Development regulations, the applicant must also show the following:
(a)
The setback distance between the proposed tower and the nearest residential zoned properties.
(b)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 31.28.4c. 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.
(c)
A description of compliance with subsection 31-28.4 paragraphs c, d, e, f, g, j, l and m;
(d)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(e)
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.
(f)
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.
(g)
A description of the feasible location(s) of future towers or antennas within the City of Linden based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(h)
Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the Planning Board may waive such requirements, as it deems appropriate.
(i)
Landscaping. The following requirements shall govern the landscaping surrounding towers provided, however, that the Planning Board may waive such requirements if the goals of this section would be better served thereby. Tower facilities shall be landscaped with a buffer of plant material 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 (4) feet wide outside the perimeter of the compound.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived. 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.
3.
Availability of Suitable Existing Tower, Other Structures of Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable 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. An applicant shall submit information requested by the Planning 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:
(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 applicants proposed antenna and related equipment.
(d)
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.
(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)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
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 technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
4.
Separation. The following separation requirements shall apply to all towers and antennas provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this section would be better served thereby. 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. The separation distances (listed in linear feet) shall be as shown in Table 1.
Table 1 Existing Towers — Types | ||||
|---|---|---|---|---|
Lattice | Guyed | Monopole 75 Feet in Height or Greater | Monopole Less than 75 feet in Height | |
Lattice | 5000 | 5000 | 1500 | 750 |
Guyed | 5000 | 5000 | 1500 | 750 |
Monopole 75 feet in Height or Greater | 1500 | 1500 | 1500 | 750 |
Monopole Less than 75 Feet in Height | 750 | 750 | 750 | 750 |
