Lyndhurst City Zoning Code
§ 21-19.6
Conditional Use Standards.
[Ord. No. 2546, § 1; Ord. No. 2588, § 1]
a.
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the planning board.
1.
A conditional use permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.
2.
Applications for conditional use permits under this section shall be subject to the procedures and requirements of subsection 21-5.1 of the Township Code, except as modified in this section.
3.
In granting a conditional use permit, the planning board may impose conditions to the extent the planning board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
4.
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
5.
An applicant for a conditional use permit shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as required by the Township Code for conditional use applications.
b.
Towers.
1.
Information Required. In addition to any information required for applications for conditional use permits pursuant to subsection 21-5.1 of the Township Code, applicants for a conditional use permit for a tower 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 the other municipalities), master plan classification of the site and all properties within the applicable separation distances set forth in subsection 21-19.6b5, 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 township engineer 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 subsection 21-19.4c 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, and the method of camouflage and illumination.
(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 municipality.
(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 furnish 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 a two mile radius surrounding the Township of Lyndhurst 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.
2.
Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to the Township Code, the planning board shall consider the following factors in determining whether to issue a conditional use permit:
(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;
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in subsection 21-19.4b3 of this section; and
(i)
Availability of proposed tower to other potential users.
3.
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 planning board that no existing tower, structure of 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 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)
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 cable micro-cell network using multiple low-powered transmitter/receivers attached to a wire-line system, is unsuitable. Costs of alternative technology that exceed 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 a conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 50% of the height of the tower from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer areas if adjacent to residential zones as prescribed under local ordinances.
5.
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:
(a)
Separation from off-site uses/designated areas.
(1)
Tower separation shall be measured from the array line 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 Use/Designated Area | Separation Distance |
Residential, public parks, schools or house of worship | 200 feet or 300% height of tower, whichever is greater from lot line |
Vacant residentially zoned land | 200 feet or 300% height of tower, whichever is greater from lot line |
Nonresidentially zoned lands or nonresidential uses | None, only zoning code 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 as shown in Table 2.
Table 2 | ||||
|---|---|---|---|---|
Lattice | Guyed | Monopole 75 Feet in Height | Monopole Less Than 75 Feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 1,500 | 1,500 | 750 |
Monopole 75 feet in height | 750 | 750 | 750 | 750 |
Monopole less than 75 feet | 750 | 750 | 750 | 750 |
6.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet nor more than eight feet in height, and shall also be equipped with an appropriate anti-climbing device.
7.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use is required.
(a)
Towers facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a double-staggered row of evergreens consisting of no less than seven nor more than ten foot wide buffer to screen views of the facility.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(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, wood lots, natural growth around property perimeter may be sufficient buffer.
8.
Access and Parking. There must be a suitable ingress/egress to/from the tower facility and a minimum of two parking spaces.
9.
Real Estate Values. The tower will not have a material adverse impact on real estate values of surrounding properties.