Northfield City Zoning Code
ARTICLE IX
Wireless Telecommunications Equipment and Towers
§ 215-129 Purpose.
The purpose of this article is to regulate the location and placement of wireless telecommunications structures, antennas and equipment within the City of Northfield. It is also the purpose of this article to recognize that the installation of new towers to support such antennas has a negative impact on the aesthetics of the City of Northfield. This article seeks to meet the mandate of the Telecommunications Act of 1996 while at the same time limiting the proliferation of wireless telecommunications towers. In addition, this article shall have the following purposes:
A.
To require the use of existing towers and other structures as support platforms for local communications facilities to the extent consistent with the purpose and other goals of this article.
B.
To require co-location of local communications facilities of competing providers in order to reduce the number of required towers.
C.
To provide for the timely removal of local communications facilities and the restoration of sites that same occupied when said facility is removed from service.
D.
To minimize the adverse visual impact of towers and telecommunications facilities through careful design, siting, landscaping and innovative camouflaging techniques.
E.
To promote and encourage the utilization of technological designs that will either eliminate or reduce the need for erection of new towers to support antennas and communications facilities.
F.
To avoid potential damage to property and personal injury to residents caused by towers and telecommunications facilities by ensuring that such structures are soundly and carefully designed, constructed, modified and maintained, and also removed when no longer used or when determined to be structurally unsound.
§ 215-130 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings described to them in this section, except where the text content clearly indicates a different meaning:
Any building or structure, other than a tower, which can be used for location of telecommunications facilities.
Any person, corporation, limited-liability company, partnership or other entity that applies for a tower development permit.
The process by which the owner of the parcel of land within the City of Northfield submits a request to develop, construct, build, modify or erect a tower upon such parcel of land. "Application" includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such request.
Any engineer licensed to practice within the State of New Jersey.
A type of freestanding tower with a single shaft of wood, metal, concrete, or other substance and a platform or racks for antennas arrayed or attached thereto.
The person, corporation or other entity with the fee title or long-term leasehold to develop any parcel of land within the City who or which desires to develop, construct, build, modify or erect a tower upon such parcel of land.
Any natural person, firm, partnership, association, corporation, company or other legal entity, private or public, whether for profit or not for profit.
A company or other entity which provides wireless services via a local communications facility.
Any cables, wires, lines, wave guides, antennas, and any other equipment or facilities associated with the transmission or reception of communications which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include:
A self-supporting lattice, guyed or monopole structure constructed from grade which supports telecommunications facilities. The term "tower" shall not include amateur radio operator's equipment such as that licensed by the FCC.
The City of Northfield, including its Planning Board.
§ 215-131 Permitted or conditional use.
A.
Notwithstanding anything to the contrary contained in this chapter, the installation of a wireless telecommunications antenna shall be considered a permitted use on any existing tower located within the City of Northfield.
B.
Notwithstanding anything to the contrary contained in this chapter, the installation of a wireless telecommunications antenna shall be considered a conditional use in any zone except a residential zone.
§ 215-132 Application requirements; location.
A.
An applicant seeking to construct a telecommunications antenna and/or tower within the City of Northfield shall first:
(1)
Present documentary evidence regarding the need for a wireless telecommunications antenna at the proposed location. This information shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at the specific location within the City.
(2)
Provide documentary evidence that a good faith attempt has been made to locate the antennas on existing towers within the applicant's search area. Efforts to secure such locations shall be documented through correspondence by and between the wireless telecommunications provider and the property owner of the existing towers.
(3)
Document the locations of all existing communications towers within the applicant's search area and provide competent testimony by a radiofrequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to procure an agreement to locate its equipment on such tower, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to utilize such tower.
B.
The applicant will make every reasonable effort to utilize existing structures, including the use of existing structures as support platforms for local communications facilities when the consent of the present owner can be secured. The burden shall be upon the applicant to demonstrate that the use of the existing structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible. In demonstrating the above, the applicant shall demonstrate that the following circumstances apply:
(1)
Use of the structure will not require an expansion and the addition of a local facility does not harm the character and integrity of the existing structure.
(2)
Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile.
(3)
The applicant shall agree that if a new tower is approved, co-location will be permitted unless technically infeasible. The applicant shall also agree that all of the local communications facilities under its control within the municipality shall be made available for co-location purposes.
C.
Local communications facilities shall be located in order of preference as follows:
(1)
Existing structures whose appearance would not be significantly altered (no more than de minimis change in their mass or height and no impact upon a historic structure so designated as such by the State of New Jersey);
(2)
Other structures whose appearance would be significantly altered, provided that the visual impact of the former would not exceed the eligible undeveloped sites; and
(3)
Undeveloped sites eligible for a new tower.
D.
In the event that the applicant shall demonstrate that it cannot locate its antenna on an existing tower as set forth above, the wireless communications tower shall be a conditional use in any zone other than a residential district. The location of a wireless telecommunications tower within a residential zone shall only be permitted when the applicant demonstrates that it cannot locate the antenna on an existing tower structure or in any nonresidential zone, and the failure to do same shall have the effect of prohibiting the provision of personal wireless services. The above must be demonstrated to the Board by competent testimony by a radiofrequency engineer, and sufficient evidence must be provided to the Board that the antenna cannot be located on an existing tower or in a nonresidential area.
E.
In the event that the applicant cannot locate said telecommunications antenna on an existing tower, the applicant shall first attempt to locate a vacant parcel of public land and enter into a agreement with the owner of said land. The location of said tower shall be 500 feet from any existing structure and 250 feet from any residential zone. In the event that the applicant cannot locate a new tower on vacant public land as set forth above, the applicant must demonstrate to the Board by sufficient evidence that it has attempted to accomplish the above prior to attempting to locate the new telecommunications tower in another zone.
F.
No new tower shall be built, constructed or erected in the City unless the tower is capable of supporting another person's telecommunications facility comparable in weight, size and surface area to the telecommunications facility installed by the applicant on the tower.
G.
The City may seek, at the applicant's expense, independent expert advice on the specific locational need for design, construction and operation of a local communications facility to aid in the evaluation of applications of such facilities.
H.
The applicant for a local communications facility which involves construction of a freestanding tower more than 100 feet in height shall make space available on the tower to the municipality, if technical operating requirements allow. The municipality shall use such space solely for the installation of communications devices for fire, police or emergency medical services.
I.
The applicant shall agree in writing to submit certifications to the Planning/Zoning Board and the City of Northfield every five years that the proposed communications facility is still in use and that its height cannot be decreased because of operational needs. In the event that the facility is oversized, same shall be reduced to the minimum height necessary for operational needs, as determined by the Planning/Zoning Board, within 12 months of the certification.
§ 215-133 Visual compatibility requirements.
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with the character of the community.
A.
Any accessory shed or other accessory structure shall be built solely to house equipment essential to the operation of the local communications facility and shall be designed, painted and/or screened by year-round landscaping to blend in with the surrounding environment to the extent possible, as determined by the Planning/Zoning Board. The structure shall not exceed 10 feet in height or 100 square feet in area, unless expressly authorized by the Planning/Zoning Board.
B.
Any access road to the facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
C.
Secure fencing may be required if the Planning/Zoning Board of the City determines it is necessary for the safe operation of the facility.
D.
No artificial lighting may be attached to any communications facility except as required by the FAA or other regulatory authority with jurisdiction. Lighting of equipment and other structures shall be shielded from abutting properties. Footcandle measurements at the property line shall be 0.0 footcandle when measured at grade.
E.
No signs shall be attached to any local communications facility except as is necessary to provide operational or maintenance instructions or warnings to the general public. No sign will be attached at a level more than 10 feet above grade. The use of the facility for any form of advertising is prohibited.
F.
The clearing of the existing vegetation shall be the minimum necessary for the construction of a new local communications facility.
§ 215-134 Bulk standards.
An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of § 215-132 above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70(c):
A.
Minimum lot size: as required by the zone district in which located.
C.
Minimum setback for equipment compound from any property line: the zone district setback requirements for an accessory structure.
E.
Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
F.
The parcel of land upon which a tower is located must provide access to at least one paved vehicular parking space on site. Adequate area must exist for vehicles to turn around at the site. All access roads to the site must be paved with asphalt or be of compacted gravel.
§ 215-135 Site plan application requirements.
Site plan applications shall include the following:
A.
All site plan details required by § 215-134, including the site boundaries; tower location and height; existing and proposed structures, the base pad and any other telecommunications facilities attached thereto which extend more than 20 feet over the tower itself; accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels. Tower height shall be measured from grade.
B.
A landscape plan drawn to scale generally showing proposed landscaping, including species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.
C.
An environmental impact study.
D.
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code, including a description of the number and type of antennas it is designed to accommodate.
E.
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
F.
Elevations of the proposed tower and accessory building, generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.
G.
A copy of the lease (with confidential or proprietary information redacted) or deed for the property.
H.
The wireless telecommunications tower shall be designed and constructed so as to accommodate at least two antenna arrays of separate telecommunication providers.
§ 215-136 Maintenance and operational requirements.
A.
The owner of the local communications facility shall ensure that it is maintained in compliance with the applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Alliance, as amended from time to time. Such maintenance shall include, but is not limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer area and landscaping. If, upon inspection, the municipality concludes that a facility 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 the facility into compliance with such standards. Failure to bring such facility into compliance within the thirty-day period shall constitute grounds for removal of the facility at the owner's expense.
B.
No application for installation of a local communications facility shall be approved unless the applicant has submitted evidence that a surety bond has been established which will provide for the removal of the facility and the restoration of the disturbed area within 12 months of its ceasing to operate. In any event, the municipality shall, at the expense of the owner, remove any such facility which has been out of operation for a period greater than 12 months.
C.
All local communications facilities shall be operated in a manner consistent with the Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation, as published from time to time by the Federal Communications Commission.
D.
Local communications facilities adjacent to residential or public recreational facilities shall not increase the ambient noise level or cause any persistent level of vibration in excess of 50 dB beyond the property lines of the parcel on which they are situated.
E.
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurements of the noise and radiofrequency from the local communications facility. Such measurements shall be made by a qualified technician who shall certify that they are within the applicable limits.
§ 215-137 Nonconforming structures.
A tower existing prior to the effective date of this article which was in compliance with the City's zoning regulations immediately prior to the effective date of this article may continue in existence as a nonconforming structure. Such nonconforming structure may be modified without complying with any of the additional requirements, provided that:
A.
The tower is being modified or demolished and rebuilt for the sole purpose of accommodating, within six months of the completion of the modification or rebuild, additional telecommunications facilities comparable in weight, size and surface area to the discrete operating facilities of any person currently installed on the tower.
B.
An application for a development permit is made to the City Planning/Zoning Board, which shall have the authority to issue a development permit without further approval. The granting of this permit is not to be considered a determination that the modified or demolished and rebuilt tower is conforming.
C.
The height of the modified or rebuilt tower and telecommunications facilities does not exceed the maximum height requirements set forth in this chapter.
§ 215-138 Discontinued use of tower.
In the event that the use of a tower is discontinued by the owner, the tower owner shall provide written notice to the City of its intent to discontinue use and the date when said use shall be discontinued. It shall be the obligation of the present owner to take any and all necessary actions to obtain any governmental permits necessary to dismantle the tower within six months from the time it is no longer being used for telecommunications purposes and the governmental approvals are obtained. In no event shall the tower exist in excess of 12 months from the date of discontinued use. If any tower has ceased to have been used for 365 consecutive days, the City shall notify the owner, through its Zoning Officer, that the owner has violated this section of this article. The owner shall have 30 days to show by a preponderance of the evidence that the tower has been in use or under repair during this period. Demonstration shall be made to the Planning/Zoning Board. If the owner fails to show that the tower has been in use or under repair during said period, the Planning/Zoning Board shall issue a final determination of abandonment and the owner shall have 75 days to apply to the FCC for dismantling of the tower and, within 180 days of such approval, the owner must dismantle and remove the tower. If no such FCC approval is necessary, then the tower shall be dismantled and removed within 180 days from cessation of use. It shall be the obligation of the owner to obtain any and all federal and state approvals necessary to dismantle the tower.