Oakland City Zoning Code
§ 59-66.4
Personal wireless telecommunications towers, equipment and facilities.
[Added 3-21-2001 by Ord. No. 01-Code-403]
A.
Findings. The Borough of Oakland has recognized the need to permit personal wireless telecommunications towers, equipment and facilities in appropriate locations in the Borough.
B.
Intent. The intent of this section is to allow these facilities as conditional uses (1) on municipal property in any zone or (2) within the public right-of-way of major traffic corridors in nonresidential zones within the Borough of Oakland or (3) within the public right-of-way of all state or county roads in nonresidential zones with the Borough of Oakland or (4) on approved existing lawful structures located in nonresidential zones. Wire communications facilities are expressly prohibited from being located on private property in a residential zone. However, this prohibition shall not apply to wireless communications facilities already located within the Borough prior to enactment of this section.
C.
Purpose. The purpose of this section is to create the opportunity to locate personal wireless telecommunications facilities in areas in which there will be no substantial impact on the character of the Borough of Oakland and which will provide the maximum benefit to Borough residents as a whole. The intent of this section is to limit the location of such facilities to areas which are both acceptable to telecommunications companies wishing to provide service and consistent with the above objectives; to insure that competition is fostered among local wireless service providers; to insure that opportunities for economic development are created; and to insure that the local government, and therefore the residents of the borough, benefit from the services offered by telecommunications providers. The overriding objective of this section is to insure that public health, safety and welfare is safeguarded and that the following goals are advanced:
(1)
Protect residential zones and uses from the potential adverse impacts of wireless telecommunications towers, facilities and equipment;
(2)
Require the location of new wireless telecommunications towers, facilities and equipment in specific locations within the borough;
(3)
Minimize the number of wireless telecommunications towers in the borough exceeding 60 feet in height;
(4)
Encourage collocation of new antennas on existing towers and structures located on Borough property; and
(5)
Require the use of stealth technology for all new towers or antenna locations through innovative design, siting and camouflaging techniques.
D.
Conditional uses; location priorities. Locations are enumerated below in the order of the location priority:
(1)
Existing lawful structures.
(a)
First priority shall be given to existing buildings or structures owned by the Borough of Oakland which may be utilized for the placement of personal wireless telecommunications facilities, provided a license or lease authorizing such facilities has been approved by the Council of the Borough of Oakland, subject to the following conditions:
[1]
The added equipment shall not extend higher than 20 feet above the existing structure upon which said equipment is to be placed.
[2]
The added equipment shall not protrude beyond the existing sides of the structure more than five feet.
[3]
Personal wireless telecommunications facilities shall maintain a minimum fifteen-foot setback to any property line and shall be appropriately landscaped as required by the approving authority.
(b)
Second priority shall be given to existing wireline systems, such as conventional cable or telephone wires, located along major traffic corridors in nonresidential zones within the Borough which may be utilized to install a system of multiple low-powered antennas. Similar technology that does not require the use of towers may also be utilized within the same public rights-of-way, subject to the following condition:
[1]
Antennas and all attendant facilities must be capable of being mounted on existing structures.
(c)
Existing wireline systems, such as conventional cable or telephone wires, located within the public right-of-way of any state or county road within the borough may be utilized to install a system of multiple low-power antennas. Similar technology that does not require the use of towers may also be utilized within the same public rights-of-way, subject to the following condition:
[1]
Antennas and all attendant facilities must be capable of being mounted on existing structures.
(d)
Third priority shall be given to the placement of personal wireless telecommunications facilities on or in an existing lawful structure in any commercial or industrial zone with the consent of the property owner, subject to the following condition:
[1]
To minimize the visual negative impact of personal wireless telecommunications facilities, owners and users of antennas and related facilities utilizing existing structures are required to use innovative camouflage techniques with the goal of completely concealing the equipment.
(2)
Antennas on existing towers. An antenna may not be attached to an existing tower owned by the Borough of Oakland in any zone unless a license or lease authorizing such placement of personal wireless telecommunications facilities has been approved by the Mayor and Council of the Borough of Oakland. If approved by the Mayor and Council of the Borough of Oakland, such existing tower shall be considered a first priority location for the placement of personal wireless telecommunications facilities. To minimize the visual impact associated with the proliferation and clustering of towers, collocation of one or more providers' antennas on an existing tower takes precedence over the construction of new towers, subject to the following collocation requirements.
(a)
Collocation requirements.
[1]
A tower which is modified or reconstructed to accommodate the collocation of additional antennas shall be of the same tower type as the existing tower, unless the approving authority allows reconstruction as a monopole or stealth structure; provided, however, that the height of the modified or reconstructed tower shall not exceed the height of the existing tower.
[2]
Collocation conditions and limitations. Any new tower shall provide for future collocation as set forth in this section. Collocation by two or more telecommunications providers shall be permitted on one tower provided that by collocating, all conditions of this section are satisfied.
[a]
In the event a proposed tower for an existing or future collocation cannot be constructed within the permitted height limitations, then such collocation is prohibited.
[b]
No tower may be designed or built to collocate with another telecommunications provider at a height greater than the maximum permitted by this section.
[c]
In the event any collocation is proposed, a letter of commitment shall be filed 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 the issuance of a building permit and shall be binding upon the tower owner, property owner and successors in interest.
[3]
Onsite location.
[a]
A tower which is rebuilt or modified to accommodate collocation may be moved onsite within 50 feet of its existing location provided the new location complies with all setback requirements.
[b]
If two or more towers exist on a site and a tower is rebuilt or modified to accommodate collocation, only one tower may remain on the site. This sections shall not apply in those instances where towers are located on sites occupied by high-tension wires.
[c]
A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to this section.
(3)
New tower construction. New tower construction shall be fourth in priority. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower or structure or alternative technology that does not require the use of towers can accommodate the applicant's proposed antenna. The 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 must consist of evidence showing that a significant "gap" in the availability of wireless service will exist if a new tower is not located within the geographic area. Upon establishing a significant "gap" in service, the provider must demonstrate to the reasonable satisfaction of the approving authority that the proposed tower is the least intrusive means of filling that "gap" with a reasonable level of service. To do so, the provider must show that a good faith effort has been made to identify and evaluate less intrusive alternatives.
(a)
Construction requirements. The following are the construction requirements for all new tower applications:
[1]
Area and setback requirements.
[a]
Minimum lot area - Two acres.
[b]
Residential setback from property lines - 300 feet or 300% of the tower's height, whichever is greater.
[c]
Nonresidential setback from property lines - 120% of the height of the tower from any adjoining lot line, nonappurtenant building or structure or street right-of-way.
E.
General requirements for all towers and antennas.
(1)
Stealth requirements. Applicants are required to use the latest stealth or camouflaging techniques to either make a tower appear to be a tree of native species to blend in with surrounding trees, other types of stealth structures or to be completely concealed by placement within an existing structure.
(2)
Pole type. Monopole or stealth tower construction shall be used in all new tower construction. Lattice type structures and/or guy wires shall be prohibited.
(3)
Noise. Noise levels at any property line shall not be more than 50 decibels.
(4)
Annual report. Upon issuance of a building permit for a personal wireless telecommunications tower site, the owner or operator of the site shall provide to the Secretary of the Borough Planning and Zoning Boards, an initial report signed and sealed by a licensed professional engineer certifying the estimated useful structural life of the tower, if any, as well as providing an initial inventory of all equipment and facilities on the site. After 50% of the useful structural life of a tower has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment. All vendors and lessees shall also be required to notify the above Borough Official when the use of such antennas or equipment is discontinued. If any of the reports disclose that a condition of any site presents an imminent hazard to the public health, safety or welfare, or that the tower facilities and equipment are no longer in use, the owner shall, and the Borough Engineer or Zoning Officer may order in their discretion that the owner take appropriate corrective action including, if necessary, the removal of the tower, facilities or equipment to protect the public health, safety and welfare. Personal wireless telecommunications towers, facilities and equipment shall be maintained to insure continued structural integrity. The owner of the site shall also perform such other maintenance of the structures and of the site so as to assure that it does not create a visual nuisance.
(5)
Abandonment. In the event a wireless telecommunications facility is abandoned or not operated for the use as approved for a period of one year, the same shall be removed, at the option of the borough, and at the sole expense of the operator. In no event may a wireless telecommunications facility be used for a purpose other than its initial approved use.
(6)
Signs. No signs shall be permitted on any tower, equipment or facility, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Commercial signs shall be prohibited on all wireless telecommunications towers, facilities and equipment.
(7)
Lighting. Site lighting shall be oriented inward towards the site to avoid off-site impact. No tower lighting, except regulatory lights required by federal laws, shall be permitted.
(8)
RF radiation. The applicant shall comply with the New Jersey Radiation Protection Act and regulations and any other federal or local regulations in effect. The applicant shall demonstrate compliance with such standards.
(9)
Multiple towers. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall not apply to the construction of personal wireless telecommunications towers, facilities and equipment when the conditions contained in this section are met. The minimum setback distance between structures shall not apply to personal wireless telecommunications towers, facilities and equipment.
(10)
Site location analysis. Every application for a personal wireless telecommunications tower, facility or equipment shall include a site location alternative analysis, including an analysis of the location priorities set forth in this section, describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(a)
How the proposed location of the wireless telecommunications tower, facility or equipment relates to the objective of providing full wireless communications services within the Oakland Borough area at the time full service is provided by the applicant and by other providers of wireless telecommunications services within the Oakland Borough area.
(b)
How the proposed location of the wireless telecommunications tower, facility and equipment relates to the location of any existing towers, facilities or antennas within or near the Oakland Borough area.
(c)
How the proposed location of the wireless telecommunications tower, facilities or equipment relates to the anticipated need for additional towers, facilities or equipment within and near the Oakland Borough area by the applicant and by other providers of wireless telecommunications services within the Oakland Borough area.
(d)
How the proposed location of the wireless telecommunications tower, facilities and equipment relate to the objective and goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated taller towers with many users at greater tower heights at random locations throughout the borough.
(11)
Site plan approval. In addition to the applicable documentation and items of information required for major site plans within the Oakland Land Use and Zoning Subcode, the following additional documentation and items of information shall be required as part of any personal wireless telecommunications facility application:
(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), 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 necessary to assess compliance with this section.
(b)
The setback between the proposed facility and the nearest residential unit.
(c)
Documentation by a qualified expert regarding the capacity of the proposed facility for the number and type of antennas.
(d)
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association and/or the Telecommunications Industry Association have been met.
(e)
A letter of intent by the applicant, in a form acceptable to the Borough Council, indicating that the applicant will share the use of any tower with other approved personal wireless telecommunications services.
(f)
A visual sight distance analysis, graphically simulating the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.
(12)
Experts. The approving authority reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a personal wireless telecommunications tower, facility or equipment, the applicant is aware of this procedure.
(13)
Grade elevation. No facility shall be location on property with an existing grade elevation of less than 700 feet nor more than 1,080 feet (North American Vertical Datum of 1929).
(14)
Access. Any access to a wireless telecommunications facility shall conform to the driveway provisions of the Oakland Borough Land Development Subcode.
(15)
Off-street parking. One off-street parking stall shall be required.
(16)
Satellite or dish antennas. The construction of any dish antennas or other similar antennas or device, with a diameter of more than 24 inches, is prohibited.