Peapack Gladstone City Zoning Code
§ 23-40.15
Wireless Communication Facilities.
[Ord. No. 751 § 27-3.15; Ord. No. 805 § 1]
a. WIRELESS COMMUNICATION WIRELESS COMMUNICATION ANTENNA WIRELESS COMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Shall mean any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under seventy (70) feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include non-wireless telephone service.
Shall mean any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined hereinabove. For the purposes of this subsection, wireless communication antennas shall not be considered to be a public utility.
Shall mean a free-standing monopole structure on which one (1) or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
b.
Overall Purposes.
1.
It is the overall purpose of this subsection to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communication antennas within the Borough of Peapack and Gladstone that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Peapack and Gladstone Borough Master Plan and Land Development Ordinance.
2.
It is understood by the Borough of Peapack and Gladstone that the Federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
3.
However, it also is understood by the Borough of Peapack and Gladstone that the Federal Telecommunications Act of 1996 ("FTA") expressly preserves the zoning authority of the Borough to regulate the placement, construction and modification of personal wireless service facilities subject to the six (6) limitations noted at § 332(c)(7)(B) of the FTA.
4.
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.
c.
Overall Objective.
1.
The overall objective of this section is to allow the provision of wireless communication services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact upon the prevailing unique and visually attractive character of the Borough, including its scenic rural areas and the historic villages of Peapack and Gladstone.
2.
In this regard, the Borough of Peapack and Gladstone contains many structures dating from the early 1700s which have been identified by Somerset County and by the Borough of Peapack and Gladstone to be eligible for inclusion on the National Register of Historic Places.
3.
The historic village areas and the lands nearby the villages are largely developed; therefore, and understandably, the emphasis is on the avoidance of new development that may have substantial detrimental impacts on the existing character of the built environment, either physical or visual.
d.
Specific Goals.
1.
To minimize the total number of wireless communication towers within the Borough of Peapack and Gladstone;
2.
To limit the impact of wireless communication antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Peapack and Gladstone;
3.
To safeguard the prevailing and historic character of development throughout the Borough of Peapack and Gladstone, with particular emphasis on maintaining the prevailing character of the historic districts and sites throughout the Borough;
4.
To encourage the location of antennas upon, or within, existing structures including, but not limited to, existing towers, tanks, cupolas, steeples and silos;
5.
To encourage the collocation of antennas on the fewest number of existing structures within the Borough of Peapack and Gladstone;
6.
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, siting, landscape screening and innovative camouflaging techniques;
7.
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
8.
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these ordinance provisions to provide such services quickly, effectively and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
e.
Exemptions of Applicability. This section shall not apply to any tower or the installation of any antenna that is under seventy (70) feet high and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor shall it apply to any parabolic satellite antennas or non-wireless telephone services.
f.
Locations Where Wireless Communication Antennas May Be Located. Wireless communication antennas may be located only at the following two (2) prioritized locations:
1.
First Priority Locations. The first priority locations for wireless communication antennas shall be on the existing clock tower and water tank or within the existing cupola and steeples in Peapack and Gladstone Borough identified in Addendum I[1] to this section; antennas so located are permitted uses in the zoning districts in which the identified existing structures are located, notwithstanding any other provision of this subsection to the contrary.
[1]
Editor's Note: Addendum I is included as an attachment to this chapter.
2.
Second Priority Locations. The second priority locations for wireless communication antennas shall be on new wireless communication towers on land areas in accordance with the following locational criteria, and antennas so located are conditionally permitted uses:
(a)
On lands within the "ORL" Office Research Laboratory zone; and
(b)
On lands within the "RE" Rural Estate zone, provided that at least ten thousand (10,000) square feet of the required land area has an existing grade at least five hundred (500) feet above sea level and, additionally, that no portion of the required land area is located within one thousand (1,000) feet of an existing residential dwelling.
g.
Requirements for First Priority Locations.
1.
The location of wireless communication antennas on or within the structures in Peapack and Gladstone Borough identified in Addendum I shall be considered permitted uses and shall require minor site plan review and approval of a submitted application by the Peapack and Gladstone Borough Land Use Board in accordance with Section 23-28 of this chapter.
2.
In addition to the information otherwise required for minor site plans as identified on the Borough's minor site plan application checklist in subsection 23-33.1 of this chapter, the applicant shall provide the following information to the Land Use Board:
(a)
Any proposed structural modification to the existing tower, tank, cupola, steeple or silo that is necessary to accommodate the proposed antennas, provided that the height of the existing structure shall not be increased;
(b)
Details of the proposed antennas, which shall be flush-mounted antennas totaling no more than six (6) in number;
(c)
The proposed location and landscape screening of any shelters enclosing the related electronic equipment;
(d)
Any other construction that may be proposed or required regarding the installation of the proposed antennas; and
(e)
The height of any proposed antenna attached to an existing structure, provided that no antenna shall extend higher than ten (10) feet above the height of the existing structure.
h.
Requirements for Second Priority Locations.
1.
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the "ORL" Office Research Laboratory zone, and on lands within the "RE" Rural Estate zone provided that at least ten thousand (10,000) square feet of the required land area has an existing grade at least five hundred (500) feet above sea level and, additionally, that no portion of the required land area is located within one thousand (1,000) feet of an existing residential dwelling, any such proposed tower, antennas and related equipment shall require both conditional use approval in accordance with Section 23-32 of this chapter, and preliminary and final site plan approvals in accordance with Sections 23-29 and 23-30 of this chapter.
2.
The following information shall be submitted for site plan approval, and the referenced subsections 23-40.15i; 23-40.15j; 23-40.15k and 23-40.15l contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Borough of Peapack and Gladstone:
(a)
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the Borough's preliminary and final site plan application checklist in subsection 23-33.4 of this chapter;
(b)
In order to be declared complete, the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with subsection 23-40.15i of this chapter hereinbelow;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the "Area and Setback Conditions" set forth in subsection 23-40.15j of this chapter hereinbelow;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the "Design Conditions" set forth in subsection 23-40.15k of this chapter hereinbelow;
(e)
In order to be declared complete, the initially submitted application shall include the "Additional Conditions" indicated in subsection 23-40.15l of this chapter hereinbelow; and
(f)
During the public hearing process, the applicant shall schedule the time for a crane or balloon test with the Secretary of the Land Use Board in order to provide the members of the Land Use Board and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Land Use Board, including photographic reproductions of the crane or balloon test, graphically simulating the appearance of the proposed tower, with at least three (3) antenna arrays attached thereto and from at least fifteen (15) locations around and within one (1) mile of any proposed tower where the tower will be most visible.
i.
Overall Comprehensive Plan.
1.
In order to effectuate the purposes, objectives and goals of these subsection provisions, any applicant for approval to erect a new supporting tower for wireless communication antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within and around the Borough of Peapack and Gladstone at the time full service is provided by the applicant.
2.
The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service within and around the Borough of Peapack and Gladstone and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Borough.
3.
The overall comprehensive plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
(a)
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one (1) mile of the subject site, both within and outside of Peapack and Gladstone Borough;
(b)
The mapped location and written description of all existing or approved water towers or water standpipes and existing high tension power line stanchions within one (1) mile of the subject site, both within and outside of Peapack and Gladstone Borough;
(c)
Why the proposed antennas could not be located on any of the structures listed and mapped in Addendum I[2] attached to these ordinance provisions;
[2]
Editor's Note: Addendum I is included as an attachment to this chapter.
(d)
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Peapack and Gladstone by the applicant and by other providers of wireless communication services within the Borough;
(e)
How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
(f)
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Borough of Peapack and Gladstone while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
j.
Area and Setback Conditions.
1.
The proposed tower, antennas and ancillary related electronic equipment are required to be located on a land area no less than twenty thousand (20,000) square feet;
2.
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
3.
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the required twenty thousand (20,000) square foot subject land area, whether a separate lot or a leased portion of a lot; and
4.
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the Land Use Board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within one hundred (100) feet of any street line and within fifty (50) feet of any lot line of any adjacent property, provided that, in any case, no building, tower, other structure and/or land disturbance shall be located within one thousand (1,000) feet of an existing residential dwelling or within one thousand (1,000) feet of any historic district or site as duly designated by Peapack and Gladstone Borough, Somerset County, the State of New Jersey and/or by the Federal government.
k.
Design Conditions.
1.
All towers shall be a monopole design.
2.
All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or a non-oversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Borough and the existing land uses and vegetation in the vicinity of the subject site.
3.
The height of any proposed new tower and the antennas attached thereto shall not exceed one hundred twenty-five (125) feet from the existing ground level beneath the tower.
4.
No signage is permitted except such information signs deemed necessary for safety purposes by the Land Use Board.
5.
Minimal off-street parking shall be permitted as needed and as specifically approved by the Land Use Board.
6.
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the Land Use Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
7.
Individual shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
(a)
Any proposed shelter enclosing required electronic equipment shall not be more than fifteen (15) feet in height nor more than two hundred fifty (250) square feet in area, and only one (1) such shelter shall be permitted for each provider of wireless communication services located on the site;
(b)
No electronic equipment shall interfere with any public safety communications;
(c)
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
(d)
All of the shelters for the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a single one and one-half (1 1/2) story building, which building shall not exceed one thousand (1,000) gross square feet in area and twenty (20) feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or barn-like appearance; and
(e)
The building may have one (1) light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
8.
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower during all four (4) seasons of the year, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
(b)
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Land Use Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight (8) feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three (3) inches at time of planting.
l.
Additional Conditions.
1.
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 (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
2.
A letter of intent by the applicant, in a form that is reviewed and approved by the Land Use Board Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication carriers at reasonable rates that are economically viable; and
3.
The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Land Use Board, in a form approved by the Land Use Board Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any wireless communication facility not used for its intended and approved purpose for a period of six (6) months shall be considered "no longer operative" and shall be removed by the responsible party within sixty (60) days thereof.
m.
Locational Preferences for New Towers. The following are not conditions, standards and limitations for the location of wireless communication towers, but are preferences of the Borough:
1.
To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by Peapack and Gladstone Borough, Somerset County, the State of New Jersey and/or by the Federal government.
2.
To the greatest extent possible, no tower shall be located to be visible from any street.
3.
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
n.
Other Requirements. All other applicable requirements of this chapter not contrary to the conditions, standards and limitations specified herein shall be met, but waivers and/or variances of such other applicable requirements may be granted by the Land Use Board.
o.
Technical Review. In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Land Use Board may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Land Use Board may hire other experts with specialized areas of expertise if deemed necessary, also at the applicant's expense.
p.
Application for Variances to the Land Use Board. Any application submitted to the Peapack and Gladstone Borough Land Use Board for a variance to construct or install wireless communication antennas and/or a new wireless communication tower in a location not permitted by this subsection shall be required to submit all of the information required herein for second priority locations, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Land Use Board.