Parsippany Troy Hills
City Zoning Code
City Zoning Code
ARTICLE XLI
Wireless Telecommunications
§ 430-304 Purpose.
[Amended 9-19-2023 by Ord. No. 2023:10]
The purpose of this article is to regulate the location, placement, operation and maintenance of wireless telecommunications ("WT") technology within the Township of Parsippany-Troy Hills. This article is intended to meet the requirements of the Telecommunications Act of 1996 and Federal Communications Commission (FCC) Order PRB-1 (1985, rev. 2001), while at the same time reasonably regulating WT technology within the Township of Parsippany-Troy Hills so as to avoid unreasonable proliferation of WT towers and to address aesthetic and safety concerns, while reasonably accommodating amateur radio operations by FCC licensed amateur radio operators and promoting emergency communications. For purposes of this article, the definition of WT technology shall not include towers, antennas, support structures, cables, radios, equipment and related facilities erected, built, relocated, used or maintained solely for or in connection with amateur radio operations by an FCC licensed amateur radio operator.
§ 430-305 General requirements for WT technology.
A.
Siting preferences. Pursuant to the needs analysis required by § 430-308A below, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting preferences as follows:
[Amended 4-29-2003 by Ord. No. 2003:11]
(1)
If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct or modify a WT antenna within the Township of Parsippany-Troy Hills, then, subject to all other permitted accessory use standards, the proposed WT antenna may be located upon an existing building or other structure within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones or municipally owned buildings or structures. A WT antenna may also be located upon an existing high tension power line tower within all zones.
(2)
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct or modify the proposed WT antenna upon an existing building or structure within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones or existing high tension power line tower, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or collocated upon an existing WT tower within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones.
(3)
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct and/or modify the proposed WT antenna upon an existing WT tower within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or collocated upon a new WT tower to be constructed within the LIW2 or LIW5 Zones or municipally owned facilities or properties.
B.
WT antennas. WT antennas shall be consistent with the following requirements:
(1)
Microwave dishes, cones or other antennas used for the purpose of point-to-point microwave transmission or microwave links are prohibited.
(2)
Side-arm mounted antennas, of any kind, are prohibited.
(3)
Subject to the siting preferences set forth in § 430-305A above, WT antennas may be mounted on existing buildings or other structures or on WT towers, provided that:
(a)
WT antennas mounted to a facade of a building are permitted only if screened to blend into the existing architectural detailing of the building. WT antennas are permitted to be rooftop-mounted instead of facade-mounted only if the analysis demonstrates the need for such a configuration;
(b)
WT antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed eight feet above the height of the existing building. The permitted height of the roof-mounted WT antennas shall not be included in the height of the building;
(c)
WT antennas mounted on WT towers shall not extend beyond the height limitations for such towers.
(4)
WT antennas shall be constructed, finished or painted to employ stealth technology to camouflage the antenna so as to minimize their visual impact on the landscape.
C.
WT towers. WT towers shall be consistent with the following requirements:
(1)
WT towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.
(2)
To the maximum extent practicable, WT towers shall be designed to permit collocation of additional antennas.
(3)
The maximum height of any WT tower, including any WT antennas or other equipment mounted thereon, shall be no higher than needed to close the significant gap in service as provided by the needs analysis with a maximum height not to exceed 125 feet.
(4)
The minimum lot size on which a WT tower may be located is two acres. If land on a developed parcel is leased for a WT tower, the minimum leased area shall be two acres. Lot size or leased area shall be increased accordingly to accommodate setbacks required in § 430-306 below.
(5)
No WT tower shall be lighted except as may be required by state or federal law.
(6)
No WT towers shall be constructed, finished or painted to employ stealth technology to camouflage the antenna so as to minimize its visual impact on the landscape.
D.
WT equipment and WT equipment compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:
(1)
WT equipment compounds shall be enclosed within a locked security fence not less than six feet nor more than seven feet in heights, unless located within an existing building.
(2)
No WT equipment compound or enclosure nor any WT equipment housed therein shall exceed 15 feet in overall height. If the enclosure is to be installed on the rooftop of an existing building or structure, then the facility shall not exceed 10 feet in height or occupy more than 150 square feet of the roof area. If a larger enclosure is deemed necessary such enclosure shall be located on the ground.
[Amended 4-29-2003 by Ord. No. 2003:11]
(3)
WT equipment compounds shall be constructed, finished or painted so as to minimize their visual impact on the landscape. Compounds or enclosures mounted on the building rooftop shall be painted to match the building.
E.
Reasonable efforts shall be employed to camouflage and minimize the visual impact of any WT technology installed or constructed pursuant to the provisions of this article.
F.
WT technology shall fully conform to all applicable federal, state and local laws.
G.
Routine maintenance of WT technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
§ 430-306 Setback requirements.
[Amended 9-19-2023 by Ord. No. 2023:10]
A.
All WT technology shall comply with the following setback requirements.
(1)
The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be 300 feet.
(2)
The minimum setback from residential lot lines shall be 300 feet.
(3)
The minimum setback from any other zone shall be 300 feet.
(4)
No WT technology shall be located in the front yard of any lot except that a building-mounted WT antenna may extend an additional three feet into the front yard when mounted on the facade of the building.
(5)
The minimum setback of a WT tower from the front, side and rear lot lines or lease lines of the site on which it is to be located shall be 1 1/2 times the height of the WT tower, inclusive of any WT antennas or other equipment mounted thereon.
B.
Free standing towers, antennas and supporting structures used solely in connection with amateur radio operations by an FCC licensed amateur radio operator which are not mounted on the roof or façade of any building shall comply with the setback requirements for accessory structures in the zone district in which the tower, antenna or supporting structure is located.
§ 430-307 Additional site plan requirements.
A.
In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT technology shall include the following:
(1)
An access road, turnaround and one parking space, as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable;
(2)
The color or colors of the proposed WT Equipment and proposed stealth technology;
(3)
A visual impact statement ("VIA") with particular attention given to the visibility of the proposed WT equipment from key viewpoints identified in the VIA, existing tree lines and proposed elevations;
(4)
A map of existing WT technology within the Township of Parsippany-Troy Hills which is owned, leased or otherwise under the custody, control or use of the applicant or another WT service provider at the time of application, and of sites within the Township of Parsippany-Troy Hills where WT technology is proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next two years;
(5)
A certified load analysis report for the building, structure, existing WT tower or proposed WT tower upon which a WT antenna is proposed to be located, indicating its ability to support possible future collocated WT antennas;
(6)
The approving board may waive any of these requirements, for good cause shown, where an application is made to locate the proposed WT antenna upon an existing building, structure or WT tower;
(7)
The approving board may, where appropriate, require the applicant to conduct a simulation of the visibility of a proposed WT tower in accordance with a test protocol approved by the board's professional consultants.
§ 430-308 Application requirements for use permits for WT technology.
A.
In addition to submission of all applications required by the Land Use Ordinance, all applicants for a use permit for the installation, construction, erection, movement, reconstruction or modification of any WT technology shall submit the following:
(1)
Needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction or modification of any WT technology within the Township. This evidence shall include, at a minimum:
(a)
The WT service provider's wireless telecommunications network layout and coverage area for a radius of at least 10 miles from the proposed site, identifying all locations:
[1]
In operation as of the filing date of the use permit application;
[2]
Under construction as of the filing date of the use permit application.
[3]
Pending approval before any licensing authority as of the filing date of the use permit application; or
[4]
Planned or projected for approval and construction within the next two years following the filing date of the use application.
(b)
All results and, to the extent requested by the approving board, supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement, reconstruction or modification of WT Technology within the Township of Parsippany-Troy Hills; and
[2]
Shall be certified by a qualified, independent radio frequency engineer. The board reserves the right to retain a radio frequency engineer on its own behalf at applicant's expense to review the results or data submitted by the applicant.
(c)
A search ring of the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones by a licensed professional radio frequency engineer and overlaid on an appropriate background map demonstrating the area within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones where the WT technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.
[Amended 4-29-2003 by Ord. No. 2003:11]
(d)
In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified independent licensed professional engineer which explains why the proposed location was selected and which specifically addresses at a minimum:
[1]
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing structure or building, why it is reasonably necessary to locate that WT antenna within the Township of Parsippany-Troy Hills.
[2]
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna on an existing WT tower:
[a]
Why it is reasonably necessary to locate that WT antenna within the Township of Parsippany-Troy Hills; and
[b]
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing building or structure within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones.
[Amended 4-29-2003 by Ord. No. 2003:11]
[3]
If the applicant proposes to install, construct, erect, move, reconstruct and/or modify a WT antenna upon a new WT tower:
[a]
Why it is reasonably necessary to locate that WT antenna within the Township of Parsippany-Troy Hills;
[b]
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing building or structure within the COD, O-1, O-3, LIW2, LIW5, POD, ROL or SED 3A, SED 5, SED 5A or SED 10 Zones; and
[Amended 4-29-2003 by Ord. No. 2003:11]
[c]
Why it is not reasonably practicable to locate or co-locate that WT antenna upon an existing WT tower within the LIW2 or LIW5 Zones or municipally owned facilities or properties.
(2)
Maximum RF exposure analysis. The maximum RF exposure analysis shall be a written report prepared by a qualified engineer with expertise in radio frequency ("RF") radiation safety. The report shall identify all applicable laws, regulations and industry standards establishing maximum exposure levels for RF radiation. The report shall calculate the maximum RF exposure levels at the lot or lease lines of the proposed site, based upon the maximum power output of the full complement of WT antennas which the WT tower or other supporting structure is capable of accommodating. The analysis shall demonstrate, to the satisfaction of the approving board, that the maximum RF exposure at the lot or lease lines of the proposed site would not exceed the applicable maximum RF exposure levels established by federal or state law or regulation or by generally recognized industry safety standards. In the event that the analysis does not demonstrate that the maximum RF exposure at the lot or lease lines is less than the lowest applicable maximum level by at least a factor of 10, the approving board may appoint, at the applicant's expense, a qualified independent engineer to review the analysis, its supporting data and its underlying assumptions.
§ 430-309 Permit standards.
The following criteria shall be considered by the approving board prior to the approval or denial of a request for a use permit for WT technology. These criteria may be used as a basis to impose reasonable conditions on the applicant:
A.
Aesthetics. WT technology shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the board may impose reasonable conditions on the approval of the application, including the following:
(1)
The board may require the applicant to show that it has made good faith efforts to minimize the height of proposed towers, to co-locate on existing buildings, structures or WT towers or to locate proposed new WT towers near existing towers in an effort to consolidate visual disturbances.
(2)
The applicant must submit a copy of its policy regarding collocation with other potential applicants on any proposed WT tower.
(3)
The board may require the applicant to use camouflage, architectural treatment and/or otherwise minimize the visual impact of the proposed WT technology. Where appropriate to prevent unreasonable degradation or destruction of public view or vistas, the approving board may require off-site and/or off-tract landscaping to minimize sight lines from highly trafficked locations or to mitigate the disruption of scenic vistas.
B.
Radio-frequency effect. The approving board may impose conditions on the applicant that the proposed WT antenna be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or relevant and applicable exposure limits. The board may require that competent documentation be provided which establishes that maximum allowable frequencies, power levels and exposure limits for radiation from the site will not be exceeded and that radio and television reception will not be interfered with.
C.
Removal of wireless telecommunications technology. The applicant shall agree to remove any WT technology if all or part of any such WT technology becomes obsolete, is unrepaired for an unreasonable period or ceases to be used for its intended purpose for 12 consecutive months. Where the applicant proposes to construct a new WT tower, the approving board shall require the applicant to provide a demolition bond to the Township of Parsippany-Troy Hills for the purpose of assuring the removal of any WT technology in accordance with the provisions of this subsection. When a demolition bond is required, the applicant will be responsible for providing, on an annual basis, written estimates for the costs to demolish and/or remove the WT technology and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond. Should the applicant fail to provide the aforesaid annual estimate, the Township may require that the amount of the demolition bond be increased in proportion to the most recent annual increase in the consumer price index for the New York metropolitan area. The applicant will also grant to the Township an easement allowing the Township access to demolish abandoned and/or unused WT technology should the applicant default on its obligation to do so.
D.
Structural safety.
(1)
Upon written request from the Township of Parsippany-Troy Hills, at any time during the application process or after the installation, construction, erection, movement, reconstruction or modification of any WT technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT technology with respect to applicable structural safety standards. Such requests from the Township shall not occur more often than once every three years. If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the Township which shall contain a reasonable schedule for the required repairs or maintenance. Upon their completion, a letter shall promptly be submitted to the Township to certify same.
(2)
In the event the applicant fails to comply with these requirements regarding structural safety, the Township reserves the right, in addition to all of its other rights and remedies available under federal, state, and local law, to declare the applicant in default of its obligations under this subsection. Should that occur, the applicant will have 10 days to notify the Township as to how it intends to cure its default, setting forth a reasonable schedule for same. In the event the applicant fails to so notify the Township or fails to cure as agreed, the Township may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT technology; declare the WT technology to be abandoned and arrange for the public auction of the WT technology; and/or pursue such other remedies at law and in equity as may be available. Nothing in this subsection shall be construed to limit the applicant's liability for criminal prosecution.
E.
Flammable storage. Any storage facilities for flammables, including fuel, on the site will be equipped with secondary spill containment.