Mahwah City Zoning Code
§ 24-9.6
Conditional Use Permits.
[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
a.
List of Conditional Uses. The following uses may be approved by the Approving Authority as conditional uses.
1.
Antennas on existing structures or towers consistent with the terms of paragraphs a, 1(a) and (b) below.
(a)
Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure not located in a residential zone provided:
(b)
Antennas on existing towers. An antenna may be attached to an existing tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one (1) 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 Administrative Officer allows reconstruction as a monopole.
(2)
2.
New Towers.
(a)
New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to Chapter 24, Zoning, applicants for a conditional use permit for a tower shall submit the following information:
(1)
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 the applicable separation distances set forth in § 24-9.6e, 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 Administrative Officer to be necessary to assess compliance with this section.
(2)
Legal description of the entire tract and leased parcel (if applicable).
(3)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 24-9.4c 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.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(8)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9)
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.
(10)
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.
(11)
A description of the feasible location(s) of future towers or antennas within the Township of Mahwah based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(12)
A visual study depicting where, within a three (3) mile radius any portion of the proposed tower could be seen.
(13)
A statement of intent on whether excess space will be leased.
b.
Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to Chapter 24, Zoning, the 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; and
8.
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 24-9.6c of this section.
9.
Availability of proposed tower to other potential users.
c.
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 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 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 (although meeting one (1), some, or all of the following shall entitle the applicant to approval):
1.
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4.
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.
5.
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.
6.
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7.
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 alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
d.
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:
1.
Towers must be set back a distance equal to at least one hundred (100%) percent of the height of the tower from any adjoining lot line and all non-appurtenant buildings.
2.
Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
3.
No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
4.
The minimum tower setback from a residential zone district line and from any school and from any site designated on the Federal, State or Municipal historic register shall be five hundred (500') feet.
e.
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:
1.
Separation from Off-Site Uses/Designated Areas.
(a)
Tower separation shall be measured from the base of the tower 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.
(b)
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 places of assembly | 200 feet or 300% height of tower whichever is greater |
Vacant residentially zoned land | 200 feet or 300% height of tower whichever is greater |
Non-residentially zoned lands or nonresidential | None; only zoning code setbacks apply |
2.
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 Existing Towers - Types | ||||
|---|---|---|---|---|
Lattice | Guyed | Monopole 75 Ft. in Height | Monopole Less Than 75 Ft. in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 712 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 Ft. in Height | 1,500 | 1,500 | 1,500 | 750 |
Monopole Less Than 75 Ft. | 750 | 750 | 750 | 750 |
f.
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.
g.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.
1.
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 four (4) feet wide outside the perimeter of the compound.
2.
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
3.
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.
h.
General Requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Approving Authority:
1.
If the tower or antenna is not a permitted use under § 24-9.5 of this section, then 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 Chapter 24, Zoning, of the Township Code, except as modified in this section.
3.
In granting a conditional use permit, the Board may impose conditions to the extent the 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 in the State of New Jersey.
5.
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Township Code for conditional use applications.
6.
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna are permitted as conditional uses only in the following zones. Districts: B40, B200, IP120, GI80, LOD, OP200, ORP 200, and ED west of I-287.
7.
No towers or antennas shall be permitted as conditional uses in residential zone districts unless located upon property owned by the Township of Mahwah.
8.
An application fee and escrows shall be paid as required by the Township Code.