Paramus City Zoning Code
ARTICLE XXXIII
Wireless Telecommunications Facilities
§ 429-203 Purpose.
A.
The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to:
(1)
Protect residential areas and land uses from potential adverse impacts of wireless telecommunications facilities;
(2)
Encourage the location of cellular facilities in appropriate locations;
(3)
Minimize the total number of cellular facilities throughout the Borough of Paramus;
(4)
Strongly encourage the collocation on approved wireless telecommunications facilities as a primary option rather than construction of new or additional single- use towers;
(5)
Encourage users of monopoles and antennas to locate them, to the extent possible, in areas where the adverse impact on the residential community is minimal, particularly to avoid adverse visual impacts upon residential dwellings;
(6)
Encourage users of monopoles and antennas to locate and 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 and emergency services to provide such services to the community quickly, effectively and efficiently; and
(8)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Paramus shall give due consideration to the recommendation of the Borough Master Plan, Zoning Map, existing land uses and impact upon residential areas in approving sites for the location of towers and antennas.
§ 429-204 Nonapplicability to amateur radio stations and to receive-only antennas.
All new towers, antennas, Distributed Antenna Systems (DAS) (also referred to as a microcell, booster or repeater antenna system) and wireless telecommunications facilities in the Borough of Paramus shall be subject to the regulations of this Article, except as otherwise provided herein. The provisions of this Article shall not govern any antenna that is owned and operated by a Federally licensed amateur radio station operator or is used exclusively as a receive-only antenna in accordance with Federal Communications Commission regulations.
§ 429-205 Checklist for applications.
In addition to all items required under Chapter 371 for Site Plan Review, all applications for the approval of wireless telecommunications towers or antennas shall also provide the following:
A.
A radio frequency report indicating the need for their facility at the proposed location;
B.
Visual simulations of the proposal;
C.
If the application requests approval of a generator, it shall include a noise report by a qualified noise expert; and
D.
An inventory of the applicant's existing towers or sites approved for wireless telecommunications facilities that are either within the jurisdiction of the Borough of Paramus or within three miles of the proposed site within the State of New Jersey.
§ 429-206 Application fees.
§ 429-207 Other ordinances.
Nothing contained herein shall be deemed to supersede or modify any provision of the Uniform Construction Code, Uniform Fire Safety Act, Property Maintenance Code of the Borough of Paramus or any ordinances of the Borough of Paramus relating to the public streets, parks or public places or obstruction or encumbrances thereon.
§ 429-208 Definitions.
For the purposes of this Article, the following terms shall have the meaning indicated below:
A device used for communication by which electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communication signals are radiated or received, excluding television reception or satellite receiving dishes.
A structure support or other equipment used to mount antennas as part of telecommunications facility.
These facilities include but are not limited to: buildings, cabinets, other structures and facilities, generating and switching stations, repeaters, antennas, transmitters, receivers and all other buildings and structures linking the wireless network of RF signal devices to conventional wired and other communications systems.
A structure containing equipment designed to be used as part of a telecommunications facility.
An antenna structure consisting of a single pole.
An antenna affixed to an existing structure or rooftop that does not require the construction of a new structure.
A wireless facility that is camouflaged or conceals the presence of antennas. It is also called an "Alternative Tower Structure" and may look like a tree, clock tower, light pole, flagpole or other alternative design mounting structure.
All structure, including antennas, monopoles, towers, equipment shelters or cabinets and equipment used for the transmission and reception of wave frequencies for the purpose of any wireless communications.
An antenna structure consisting of a lattice structure or frame.
An antenna that is less than three feet long and two inches wide.
A type of antenna that is used specifically for the purpose of providing wireless telecommunications services.
§ 429-209 Rooftop Antennas.
Rooftop Antennas shall be a permitted use in the Borough's nonresidential districts. Wireless telecommunication facilities installed as a distributed antenna system (DAS) (also referred to as a microcell, booster or repeater antenna system) that are mounted on an existing building as a permitted use shall comply with the following requirements which shall apply to Antennas mounted on an existing structure:
A.
Antennas shall not be permitted in any residential zoning district;
B.
All Rooftop Antennas and Antenna Structures installed on buildings within the Borough of Paramus shall have a stealth design, the purpose of which is to reduce the likelihood of detection and have the least visual impact from all street rights-of-way and adjacent properties (this can be accomplished through the use of materials, colors or design of the Antenna);
C.
All Rooftop Antennas and Antenna Structures that are attached to a roof shall be sited near the center of the roof if the roof is flat, or if the roof is pitched, a Rooftop Antenna and Antenna Structure shall be integrated with elements of the roof design so as to minimize visibility from the street, rights-of-way and adjacent properties. All equipment related to the Rooftop Antenna and/or Antenna Structure shall be set back from the building façade for a distance greater than or equal to the total height of the equipment (excluding Whip Antenna);
D.
All Rooftop Antennas and Antenna Structures shall be fully concealed with architectural screening that matches the color, texture and quality of the building, with the exception of Whip Antennas which may be visible. If an Antenna or Distributed Antenna System (DAS) (also referred to as a microcell, booster or repeater antenna system) 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.
All architectural screening shall be constructed of materials that match those used on the exterior of the building or with materials of similar texture. In lieu of screening, Antennas and Antenna Structures may be colored to match the exterior of the building or architecturally designed to complement the details of the building if it can be demonstrated that the Antennas and Antenna Structures alone would be less visually distinct from the building than architectural screening that would otherwise be required;
F.
Any ground equipment for Rooftop Antennas shall provide landscape screening with materials that are capable of screening for the entire calendar year. A minimum of one row of evergreen shrubs or trees capable of forming a continuous hedge of at least six feet in height within two years of installation shall be provided around all freestanding Antennas or ground equipment;
G.
For Rooftop Antennas and ground equipment related thereto, the setback distances in plain view shall be measured as a straight line from the nearest part of the Rooftop Antenna or ground equipment related thereto;
H.
All ground equipment for Rooftop Antennas shall have a minimum front, side and rear setback requirement of twenty-five feet to any property line, unless a greater setback requirement is provided for herein;
I.
No Rooftop Antennas or ground equipment related thereto shall be located less than fifty feet to the nearest residential zoning district;
J.
No Rooftop Antennas or ground equipment related thereto shall be located less than one hundred feet to the nearest residence in a residential zoning district;
K.
The existing structure shall be at least fifty feet in height;
L.
The Antennas and the Antenna Structures shall be located at or near the top of the existing structure;
M.
Notwithstanding the height limitations of the zoning district, the height of such antenna and related antenna structure above the ground shall not exceed the height of the existing structure above the ground in the location of the antenna by more than 10 feet (excluding whip antennas);
N.
Antennas shall not exceed one meter in diameter;
O.
There shall be no additional parking requirement due to a Telecommunications Facility;
P.
There shall be no advertising of any kind, including but not limited to signage, on a Telecommunications Facility; and
Q.
There shall be no external lighting on a cellular facility other than that required by the FAA. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
§ 429-210 Monopoles.
Monopoles shall be a permitted use in M-U Zone. In addition to the general requirements for Antennas contained in § 429-209 above, the following additional requirements shall apply to freestanding Antennas:
A.
Any new Monopoles shall be designed to use the most current stealth technology existing at the time of the submission of the application and shall be designed to reduce visual obtrusiveness;
B.
No lattice-style Tower shall be permitted. Stealth Wireless Facility design is required;
C.
No freestanding Tower or Antenna Structure shall exceed the height necessary in order to fill the gap in service shown by radio frequency experts and the report required under the checklist for Telecommunications Facilities;
D.
Any Monopole shall be set back from the property line a distance equal to or greater than the height of the tower and antenna;
E.
Any Antenna Structure, Equipment Shelter or Equipment Cabinet servicing the Tower or Antenna shall conform to the setback requirements otherwise applicable in the zone district or be set back at least twenty-five feet from the property line, whichever is greater. Equipment and/or Equipment Cabinets servicing telecommunications facilities shall be designed and painted to reduce visual obtrusiveness;
F.
There shall be no additional parking requirement due to a Telecommunications Facility;
G.
There shall be no advertising, including but not limited to signage, on a Telecommunications Facility;
H.
There shall be no external lighting on a Telecommunications Facility other than that required by the FAA;
I.
The applicant shall provide a letter of commitment, submitted prior to any approval by the Board, to lease excess space on the Telecommunications Facility to other telecommunications providers at reasonable rental rates and on reasonable terms. The letter shall commit the owner of the Telecommunication Facility and successors in interest. If the applicant provides proof that collocation would require additional antenna height that would create a visual detriment, then the reviewing board may waive the requirement of collocation;
J.
Monopoles shall be enclosed by security fencing not less than six feet in height and not more than eight feet in height and shall be equipped with an appropriate anti-climbing device; provided, however, that the reviewing board may waive such requirements as it deems appropriate;
K.
Landscaping.
(1)
Monopole Telecommunications Facilities shall be landscaped with a buffer of plant materials that schools or effectively screens the view of the Tower compound from property used for residences or from public parks; and
(2)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. The reviewing board may waive this requirement if the goals of this Article would be better served thereby.
L.
Any new Monopole shall be located at a minimum distance from a residential zone of at least two times the proposed height of the Monopole. A one hundred foot Monopole should therefore be required to be at least two hundred feet from the border of a residential zone;
M.
All proposed Antennas, any proposed new Monopole Telecommunications Facility and any proposed Equipment Shelter or Cabinet enclosing related electronic equipment must blend in with the surrounding area as far as practicable; and
N.
Monopole Equipment Shelter or Cabinet facilities in the M-U Zone are subject to site plan approval of the Land Use Board.
§ 429-211 Restoration provisions; performance bond.
A.
Any Telecommunications Facility 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 Paramus notifying the owner of such abandonment; and
B.
The applicant shall provide a performance bond and other assurances satisfactory to the Borough Attorney that will cause the Antennas, the supporting Tower, the ancillary Equipment Shelter or Cabinet enclosing related electronic equipment, and all other related improvements to the land to be removed, at no cost to the Borough.
§ 429-212 Conditions on approval.
In granting approval for a Telecommunications Facility, the Borough's Planning Board or Board of Adjustment may impose such conditions to the extent that it concludes are necessary to minimize any adverse effect of the proposed Tower upon adjoining properties.
§ 429-213 Cable microcell networks.
If a cable microcell network is proposed, all cables, wires and equipment shall be located so that they do not interfere with the municipal fire alarm equipment and cable system. Applications for cable microcell network systems must be reviewed and approved by the Fire Department and the Borough Engineer as prior approvals before issuance of required construction permits.