Montvale City Zoning Code
ARTICLE XI
Wireless Telecommunications Towers and Antennas
§ 400-91 Purpose.
A.
The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas.
B.
The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(2)
Encourage the location of towers in nonresidential areas.
(3)
Minimize the total number of towers throughout the community.
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques.
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(8)
Consider the public health and safety of communication towers.
(9)
Avoid potential damage to adjacent properties from tower failure, through engineering and careful siting of tower structures.
C.
In furtherance of these goals, the Borough of Montvale shall give due consideration to the Borough of Montvale's Master Plan, Zoning Map, existing land uses and environmental sensitive areas in approving sites for the location of towers and antennas.
§ 400-92 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
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.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, 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 includes the structure and any support thereto.
§ 400-93 Applicability.
B.
Amateur radio station operators/receive-only antennas. This chapter shall not govern the installation of any antenna owned and operated by an amateur radio operator and is used exclusively for receive-only antennas and for private noncommercial purposes, which shall be regulated elsewhere in the Code of the Borough of Montvale.
C.
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this chapter, other than the requirements of § 400-94, Subsections F and G, absent any enlargement or structural modification or the addition of any structures, including additional antennas.
D.
AM array. For purposes of implementing this chapter, an AM array, consisting of one or more tower units and supporting ground system functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
§ 400-94 General requirements.
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
B.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the Borough of Montvale or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for approvals or other organizations seeking to locate antennas within the jurisdiction of the Borough of Montvale; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
E.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
F.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC 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 chapter 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 and 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.
G.
Building codes; safety standards. 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 and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Montvale 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.
H.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Montvale irrespective of municipal and county jurisdictional boundaries.
I.
Not essential services. Towers and antennas shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities or private utilities.
J.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Montvale have been obtained and shall file a copy of all required franchises with the Zoning Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
K.
Public notice. For purposes of this chapter, any site plan request, variance request, or appeal of an administratively approved use or accessory use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 400-96E(2), Table 2, in addition to any notice otherwise required by this chapter.
L.
Signs. No signs shall be allowed on an antenna or tower.
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 400-97.
N.
Multiple antennas/towers plan. The Borough of Montvale encourages the users of towers and antennas to submit a single application for approval of multiple tower and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
§ 400-95 Conditionally permitted uses.
[Amended 11-10-1998 by Ord. No. 98-1103; 8-10-1999 by Ord. No. 99-1129]
A.
General. The uses listed in this section are deemed to be conditionally permitted uses and shall require site plan approval.
B.
The following uses are specifically permitted, provided that they meet all the applicable requirements of this Article XI:
(1)
Antennas or towers and accessory equipment located on any lot located in the OR-4 District which does not also abut any county road.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
All other uses not specifically permitted shall be deemed prohibited.
§ 400-96 Criteria for site plan approval.
A.
General. The following provisions shall govern the issuance of 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, except where the application meets the requirements of N.J.S.A. 40:55D-46.2.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Applications for site plan approval under this section shall be subject to the procedures and requirements of Article XII, Site Plan Review, except as modified in this section.
(3)
In granting a site plan approval, the approving authority may impose conditions to the extent the approving authority 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 site plan approval shall submit the information described in this section and a nonrefundable fee as established by the Borough Council to reimburse the Borough of Montvale for the costs of reviewing the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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 other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection E, 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 Zoning Officer to be necessary to assess compliance with this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b)
Legal description of the parent 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 § 400-94C 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, 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, which shall be an express requirement for a site plan approval.
(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 provide 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 the Borough of Montvale based upon existing physical, engineering, technological or geographical limitations in the event that 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.
B.
Factors considered in granting site plan approvals for towers. The approving authority shall consider the following factors in determining whether to issue a site plan approval, although the approving authority may waive or reduce the burden on the applicant of one or more of these criteria if the approving authority concludes that the goals of this chapter are better served thereby:
(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.
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 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 approving authority 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 construed 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 the 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 the 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 and height. The following setback requirements shall apply to all towers for which a site plan approval 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.
(4)
Towers shall not exceed 50 feet in height.
E.
Separation. The following separation requirements shall apply to all towers and antennas for which a site plan approval 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Table 1 | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Residential, public parks, schools or house of worship* | 200 feet or 300% of height of tower, whichever is greater |
Vacant single-family residentially zoned land either platted or which has preliminary approval and the subdivision plan has not expired | 200 feet or 300% of height of tower, whichever is greater |
Vacant unplatted residentially zoned lands** | 200 feet or 300% of height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
NOTES: |
|---|
* Includes nursing homes and other similar uses wherein people are housed or receive care at least 8 hours per day. |
** Includes any unplatted 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. 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 | Types of Existing Towers Guyed | Monopole 50 Feet in Height | Monopole Less Than 30 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 30 feet | 1,000 | 1,000 | 1,000 | 1,000 |
F.
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.
G.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a site plan approval is required:
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four 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 or waived.
(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.
§ 400-97 Equipment cabinets and structures.
A.
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1)
The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
B.
Antennas mounted on utility poles, light poles or towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1)
In a front or side yard, provided that the cabinet or structure is no greater than 6 feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided that the cabinet or structure is no greater than 8 feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
(3)
In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 6 feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
(4)
Emergency generators shall be located below grade and suitably soundproofed so that noise volumes measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.
§ 400-98 Removal of abandoned antennas and towers.
A.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Montvale notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense.
B.
If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
C.
The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost (as determined by the approving authority engineer) of such removal, grading and restoration to a state required under all applicable Borough ordinances, including but not limited to Chapter 305, Property Maintenance.
§ 400-99 Rebuilding damaged or destroyed nonconforming towers or antennas.
Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a site plan approval and without having to meet the separation requirements specified in § 400-96D and E. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 400-98.