Old Tappan City Zoning Code
ARTICLE VII
Mobile Cellular Communications Antennas and Towers
§ 255-29 Mobile cellular communications antennas.
Upon proper application and hearing, as herein provided, mobile cellular communications antennas shall be permitted as a conditional use in all zones of the municipality, provided that the Planning Board finds and determines that the following conditions have been met:
A.
Any mobile cellular communications antenna shall be located a minimum distance of 500 feet from any residential structure not located on the subject property and from any of the following structures or uses: public buildings, public and private schools, libraries and senior citizen centers.
B.
Any mobile cellular communications antenna shall be located a minimum distance of 500 feet from any historic district or historic site, as designated on the National and/or State Register of Historic Places.
C.
Any applicant for a permit to erect a mobile cellular communications antenna shall establish by competent evidence that there exists a need for such facility within the Borough and at the proposed location for which approval is sought. Such evidence shall include but need be limited to the following:
(1)
An identification of the cellular network layout and coverage areas to be serviced by the proposed cellular antennas and an explanation as to why existing facilities are inadequate to provide service.
(2)
Why the proposed site is suitable for such use. Evidence to be presented on this issue shall include a radio frequency engineering analysis of the potential suitability or nonsuitability of existing buildings or structures for such commercial antenna, which engineering analysis shall be subject to review by the Borough Engineer or other consultant called upon by the Planning Board.
D.
Provided that the above stated conditions have been met, a mobile cellular communication antenna may be erected upon or affixed to an existing building or structure as long as it meets the following requirements:
(1)
Any such mobile cellular communications antenna shall not extend above or beyond the height of any such building or structure by more than 10 feet.
(2)
Any such mobile cellular communications antenna shall be securely affixed to the building or structure for which it is proposed.
(3)
Any such mobile cellular communications antenna shall be suitably finished or painted in a manner so as to minimize any obtrusive characteristics and their visual impact. When practicable, the color of paint or finishing materials shall be consistent and not contrasting with the color of materials of the building upon which it is erected or affixed.
§ 255-30 Mobile cellular communications towers.
A.
Where permitted as conditional use. Upon proper application and hearing, as herein provided, a mobile cellular communications tower shall be permitted as a conditional use only on the Borough-owned property known as Lot 1 in Block 1303 as shown on the current Tax Map of the Borough.
[Amended 5-22-2000 by Ord. No. 720-00]
B.
Conditions. Upon proper application and hearing, as herein provided, a mobile cellular communications tower shall be permitted as a conditional use, provided that the Planning Board finds and determines that the following conditions have been met:
(1)
That the applicant has made a diligent effort to situate the antenna on existing buildings or structures, but that despite said diligent efforts, the applicant has been unable to secure permission to do so from the owners of the property on which such buildings or structures are situated or that the locations of such antenna on existing buildings or structures would not be effective.
(2)
That the applicant has investigated and made a diligent effort to situate the antenna on an existing mobile cellular communications tower, but either said existing tower is not a suitable location in light of the design of the existing mobile cellular communications network, or that, despite diligent efforts, the applicant has been unable to secure permission to situate its antenna from the owners of the property on which the tower is situated or the operator of the tower.
(3)
No more than one mobile cellular communications tower may be erected or constructed on any one lot, site or tract of land.
C.
Requirements. Provided that all of the above stated conditions have been met, a mobile cellular communications tower may be erected or constructed on property within the Borough as long as it meets the following requirements:
(1)
Minimum setback of tower and equipment compound from any property line: 50 feet. Said setback areas shall not include wetlands, wetland buffers or watershed lands.
(2)
Maximum height of tower (measured from ground level to the highest vertical point of any part of the structure, except that the height of a lightning rod shall not be considered in measuring the height of the tower, provided that the lightning rod is not more than eight feet in height): 150 feet.
[Amended 4-24-2000 by Ord. No. 715-00]
(3)
The site on which the tower and any accessory buildings or structures are situated shall be completely enclosed with a fence at least four feet high, of composition meeting the approval of the Planning Board, which shall include a locking security gate.
§ 255-31 Application procedure.
A.
No building permit shall be issued for the construction, erection or installation of a mobile cellular communications antenna unless a conditional use approval therefor has been granted by the Planning Board.
B.
No building permit shall be issued for the construction, erection or installation of a mobile cellular communications tower unless a separate conditional use approval therefor has been granted by the Planning Board.
G.
The Planning Board shall render its decisions not later than 95 days from the filing of a completed application.
§ 255-32 Miscellaneous provisions.
A.
On or before the first of January next following the issuance of a conditional use permit for a mobile cellular communications tower, and on or before each and every January 1 next ensuing, the owner or operator of such tower shall file in the office of the Construction Code Official, with a copy to be filed with the Borough Engineer, a written report from a licensed professional engineer certifying to the structural integrity of the tower and that all antennas mounted thereon are secure and that they meet applicable minimum safety requirements.
B.
The written report required in Subsection A hereinabove shall also be filed within 20 days of the date that there is any modification or repair of an existing tower or that there is any modification of the placement of antennas on the tower.
C.
If such owner or operator shall fail to file when due the written report required hereunder, the conditional use permit issued for the tower shall automatically be revoked and the Construction Code Office shall notify the owner or operator, in writing, of such revocation. Any continued use of the tower following notice of revocation shall constitute a violation of this article. For each day that the tower remains in use or operation following the owner or operator's receipt of said revocation notice, same shall constitute a separate violation.
D.
Any mobile cellular communications tower which has not been used for mobile communications purposes for a period of six months shall be considered abandoned, upon which the Construction Code Official shall, in writing, notify the owner or operator of such abandonment. Upon receipt of such notice of abandonment, the owner shall, within 30 days of such notification, at its sole cost and expense, remove the tower and any other structures on the site and restore the site to the condition it was in before the conditional use permit was issued. If the owner or operator shall fail to remove the tower and restore the site as herein required, such failure shall constitute a violation of this article. For each day beyond the thirty-day removal and restoration period that said owner or operator has failed to remove the tower and restore the site, same shall constitute a separate violation.
§ 255-32.1 Installation of distributive antenna systems ("DAS") within public rights-of-way.
[Added 12-5-2016 by Ord. No. 1105-16]
A.
Communications antennas relating to a DAS system shall be permitted in areas in which all utilities are located aboveground regardless of the underlying zoning district, so long as such antennas are located on existing poles in the public right-of-way. Antennas shall not be located on any sign listed in the Manual on Uniform Traffic Control Devices (MUTCD) nor on any traffic signal pole, mast arm device or associated equipment.
B.
Communications antennas and support equipment shall be co-located on existing poles, such as existing utility poles or streetlight poles. New poles for communications antennas intended to solely support a DAS system are expressly prohibited unless otherwise approved by the governing body upon a showing that such installation is absolutely necessary and can be accomplished in a manner that is consistent with the following standards:
(1)
Any new DAS pole and its accessory equipment shall be located so as to not cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way as determined by the Borough.
(2)
New DAS poles cannot be located within 1,000 feet of another pole either on the same side or across the street from an existing pole used for a DAS system.
(3)
In no case shall a new DAS pole be located within 36 inches of the exposed back of the curb or from the edge of pavement or within an easement extending onto privately owned land.
(4)
No new DAS pole shall be located within five feet of a private driveway or in a manner that would otherwise obstruct visibility from a private driveway to the public right-of-way.
(5)
Any required accessory equipment intended to support the DAS pole shall not be located on the ground but shall be placed within an underground vault or, alternatively, be pole-mounted. If pole-mounted, screening requirements and height and extension from pole limitations cited herein for co-location shall govern.
(6)
Construction of a new pole shall comply with all applicable building and electrical code requirements and shall require a construction permit. Prior to the issuance of a construction permit, the Borough Engineer shall, at the applicant's cost, review and approve the construction drawings in conjunction with the Borough Construction Official.
(7)
Any disturbance to the public right-of-way as a result of the construction of a new pole shall be restored to its original condition post-construction to the satisfaction of the Borough Engineer.
(8)
A DAS pole shall be maintained in good condition and repair by qualified maintenance and construction personnel at the cost of the responsible party that operates the pole so that the pole shall not endanger the life of any person or any property in the Town.
(9)
Insurance by each owner or operator of a DAS pole shall provide to the Borough a certificate of insurance, in a form acceptable to the Borough Attorney, evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 per occurrence covering the new pole.
(10)
Each owner or operator of a DAS pole shall, at its sole cost and expense, indemnify, defend and hold harmless the Borough, its elected and appointed officials, employees and agents, at all times, against any and all claims for personal injury, including death, and property damage arising in whole or in part from, caused by or connected with any act or omission of the person, its officers, agents, employees or contractors arising out of, but not limited to, the construction, installation, operation, maintenance or removal of the DAS pole. Each person that owns or operates a DAS pole shall defend any actions or proceedings against the Borough in which it is claimed that personal injury, including death, or property damage was caused by the construction, installation, operation, maintenance or removal of a DAS pole. Such indemnification shall be provided to the Borough prior to the issuance of a construction permit in a form acceptable to the Borough Attorney.
(11)
The removal and replacement of a DAS pole and/or its related equipment for the purposes of upgrading or repairing the pole is permitted, so long as such repair or upgrade does not increase the overall size, height or design of the originally approved pole. Any modification shall require a new permit and authorization by the Borough.
(12)
Should it be the intent of the owner or operator of a DAS pole to abandon the pole and discontinue its use, the owner or operator shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned DAS poles shall be removed as follows:
(a)
All unused or abandoned DAS poles and accessory facilities shall be removed within six months of the cessation of operations at the site unless otherwise extended by the Borough.
(b)
If the DAS pole and all related facilities are not removed within six months of the cessation of operations at the site, or within any longer period approved by the Borough, the DAS pole and all its related facilities may be removed by the Borough and the cost of removal assessed against the owner of the DAS pole.
(13)
The Borough may assess appropriate and reasonable permit fees directly related to the Borough's actual costs in reviewing, processing the application for approval as well as related inspection, monitoring and related costs.
(14)
Prior to the approval of the construction permit for the new DAS pole, the owner or operator of the pole shall provide the Borough financial security sufficient to guarantee the removal of such pole in a form acceptable to the Borough Attorney. Said financial security shall remain in place until the DAS pole is removed.
(15)
In accordance with applicable law, the Borough reserves the right to deny an application for a new DAS pole for numerous factors, including, but not limited to, visual impact, design, and safety standards.
C.
Antennas and all support installations shall be designed so as to minimize visual impacts as follows:
(1)
Antennas and all support equipment shall be treated to match the supporting structure. Antennas and accompanying equipment shall be painted or otherwise coated to be visually compatible with the support structure upon which they are mounted.
(2)
All equipment shall be compatible in scale and proportion to the structure upon which it is mounted. All equipment used shall utilize the smallest and least intrusive technology available.
(3)
There shall be no more than one such antenna per pole. One additional antenna may be permitted, provided that such antenna can be designed and accommodated on a pole in a manner that complies with the requirements of this section.
(4)
No antennas shall exceed a height of four feet above the structure upon which they are mounted.
(5)
Antennas shall not project more than four inches from the pole upon which they are attached.
D.
Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of an antenna in the public right-of-way shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any antenna when the Borough, consistent with its authority under the police power and state law, shall have determined that such removal, relocation, change or alteration is reasonably necessary under the following circumstances:
(1)
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement; or
(4)
An emergency as determined by the Borough.
E.
The Borough shall determine the time, place and manner of construction, maintenance, repair and/or removal of all communication antenna(s) in the right-of-way based upon public safety, traffic management, physical burden on the right-of-way, and related considerations. The applicant/owner/operator of the antenna or DAS system shall be responsible for the repair of any damage to paving, existing utility lines, or any surface or subsurface installations arising from its construction, installation or maintenance.