Midland Park City Zoning Code
§ 34-20.5
Site Plan Approval and Permits.
[6-10-2021 by Ord. No. 08-21]
a.
The following provisions shall govern the issuance of a site plan approval for towers or antennas by the approving authority:
1.
Site plan approval shall be required for the construction of a tower or the placement of an antenna in all zoning districts, in addition to any other approvals which may be required by law.
2.
An application for site plan approval under this section shall be subject to the procedures and requirements set forth in Chapter 32, Site Plan Review, of the Borough Code, except as modified by this section.
3.
In granting site plan approval, the approving authority may impose such conditions which it concludes are necessary to minimize any adverse impact of a proposed tower on adjoining properties. Any information of an engineering nature or details submitted by the applicant, whether civil, mechanical or electrical in nature, shall be certified by a licensed professional engineer.
b.
An applicant seeking site plan approval for a tower or antenna shall submit the following information:
1.
A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master classification of the site and all properties within the applicable separation distances set forth in Table 1 of this subsection, adjacent roadways proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and antenna, and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
2.
Legal description of the parent tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower and antenna and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
4.
The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to Subsection d 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) and antenna, 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.
7.
A description of compliance with the requirements of this chapter, and applicable federal, state or local laws.
8.
Towers Only. A notarized statement by the applicant as to whether construction of a tower will accommodate collocation of additional antennas for future users.
9.
Identification of the entities providing the backhaul network for the owner(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 Borough of Midland Park based upon existing physical, engineering, technical or geographical limitations in the event the proposed tower is erected.
12.
A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen. If the application concerns an antenna on an existing structure, sign measurements to the point closest to the structure wherein a person standing at grade could first observe the antenna shall be provided for all four building elevations.
13.
A statement of intent on whether excess space will be leased, and how much of the structure's basement or common internal area has been made available for the storage of equipment accessory to the antenna.
c.
Criteria for Granting Site Plan Approval for Towers. In addition to any standards for consideration of site plan applications pursuant to, if required, by the Borough Code, the approving authority shall consider the following factors in determining whether to grant site plan approval provided that the approving authority may waive or reduce the requirements of one or more of the following criteria if the approving authority determines that the goals of this section are better served thereby:
1.
Height of the proposed tower and antenna;
2.
Proximity of the tower/antenna 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 or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7.
Proposed ingress and egress; and
d.
Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority 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 nothing should be constructed to infer that meeting one, 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 the 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 micro cell network using multiple low-powered transmitters/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.
e.
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the approving authority may reduce the standard setback requirements if the goals of this chapter would be better served thereby:
1.
Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.
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.
f.
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the approving authority may reduce the standard separation requirements if the goals of this chapter would be better served thereby.
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 - Required Separation Distances | |
|---|---|
Off-site Use/Designated Area | Separation Distance |
Residential, schools or house of worship (1) | 200 feet or 300% height of tower whichever is greater |
Vacant single-family residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower whichever is greater |
Vacant unplatted residentially zoned lands (2) | 200 feet or 300% height of tower whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
Notes: | |
|---|---|
(1) | Including nursing homes and other similar uses wherein people are housed or receive care at least eight hours per day. |
(2) | Includes any unplotted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex. |
2.
Separation distances between towers.
(a)
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 Tower Types | ||||
|---|---|---|---|---|
Lattice | Guyed | Monopole 50 feet in Height | Monopole Less than 50 feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 1,000 |
Guyed | 5,000 | 5,000 | 1,500 | 1,000 |
Monopole 50 feet in height | 1,500 | 1,500 | 1,500 | 1,000 |
Monopole less than 50 feet | 1,000 | 1,000 | 1,000 | 1,000 |
g.
Security Fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.