Raritan City Zoning Code
ARTICLE XXI
Wireless Telecommunications Towers and Antennas
§ 207-165 Purpose; goals.
A.
The purpose of this article is to establish general guidelines for the siting of wireless telecommunications towers and antennas.
B.
The goals of this article are to:
(1)
Protect residential areas and land uses from the adverse impacts of towers and antennas.
(2)
To the extent towers are proven necessary, encourage their location on municipal property in nonresidential areas and in areas not abutting residential areas.
(3)
Minimize the total number of towers throughout the community.
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(6)
Encourage users of towers and antennas to construct 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 to provide such services to the community quickly, effectively and efficiently.
(8)
Consider the public health and safety of communications towers.
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
C.
In furtherance of these goals, the Borough of Raritan shall give due consideration to the Borough of Raritan Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
D.
This article further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c) et seq., which preserves local government authority to reasonably regulate but not prohibit or discriminate among cellular and other wireless telecommunications services and facilities, to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
E.
This article expressly recognizes that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
§ 207-166 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communications signals.
The Planning Board with respect to permitted use and conforming conditional use applications and with respect to nonconforming conditional use applications and variance requests pursuant to N.J.S.A. 40:55D-70d(1), (3) or (6).
[Amended 7-26-2011 by Ord. No. 11-07]
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or other permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antenna that is a permitted use pursuant to § 207-169, on property owned, leased or otherwise controlled by the Borough of Raritan.
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunications purposes, including self-supporting lattice towers or monopole towers. Guyed towers and parabolic dish antennas are not permitted within the Borough. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications services, specialized mobile radio, enhanced specialized mobile radio, paging and similar services that exist or that may be developed in the future.
§ 207-167 Applicability.
B.
Buildings and support equipment facilities. Buildings and support equipment facilities associated with antennas or towers shall comply with the requirements of § 207-172. Buildings and support equipment clearly related to the use of antennas shall be considered accessory structures.
C.
Amateur radio station operators/receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
D.
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 207-168G, H, K, L, M, N, O, P, Q and R, § 207-173 and § 207-174, absent any enlargement or structural modification or the addition of any structures.
E.
Satellite dish antennas. This article shall not govern any parabolic satellite antennas.
§ 207-168 General requirements.
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Borough land development regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
B.
Need for antenna/towers. Each applicant shall submit documentary evidence by a licensed professional in the State of New Jersey regarding the need for the antenna and/or tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Borough. The evidence shall include a radio frequency engineering analysis of the search area for the antenna and/or tower.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of all existing towers and antennas, or sites approved for towers or antennas, including the applicant's antennas or towers, that are within the jurisdiction of the Borough of Raritan and within two miles of the proposed antenna and/or tower site, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Borough of Raritan; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. The applicant shall also identify the entities providing the backhaul network for the antenna and/or tower described in the application and other cellular sites owned or operated by the applicant in the municipality.
D.
A scaled site plan that includes the following information shall be submitted with all applications:
(1)
The location, type and height of the proposed antenna and/or tower and equipment facility, on-site land uses and zoning, adjacent land uses and zoning, Master Plan recommendation for the site and all properties within the applicable separation distances set forth in § 207-171, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed antenna and/or tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this article.
(2)
A legal description of the entire tract and leased parcel (if applicable) shall be included.
(3)
A landscape plan showing specific landscape materials, including species type, size, spacing and existing vegetation, to be removed or retained.
(4)
Method of fencing and finished color and, if applicable, the method of camouflage.
(5)
Elevations of all existing and proposed structures, including all antennas, towers, platforms, finish materials and accessory equipment.
E.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Borough, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
At a tower equipment facility site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located out of public view behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
(3)
If an antenna 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.
F.
Visual study. Each applicant shall submit photographic or topographic plans such as balloon or crane tests, depicting where, within a one-mile radius, any portion of the proposed antenna and/or tower could be seen. At its discretion, the approving authority may require the applicant to conduct a balloon test, crane test or similar test at the applicant's expense. If required, such test shall be scheduled with the approving authority for a time which is convenient to its members and the public and which will be sufficiently in advance so as to allow adequate notification of the public.
G.
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height, and the towers shall be equipped with appropriate anti-climbing measures.
H.
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower and equipment structure from adjacent properties. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound.
(2)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(3)
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
J.
Fees and escrows. A nonrefundable application fee and an escrow deposit shall be made as follows:
Application Charge | Escrow | ||
|---|---|---|---|
If no new tower is proposed | $1,000 | $2,000 | |
If new tower is proposed | $1,500 | $3,000 |
K.
Lighting. Towers shall not be artificially lighted, unless required by the FAA. It is the intent of the Borough that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
L.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations within 30 days shall mean that the Borough may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.
M.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Raritan concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring towers and antennas into compliance with such codes and standards within 30 days shall mean that the Borough may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.
N.
Not essential services or inherently beneficial uses. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
O.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the Borough of Raritan have been obtained and shall file with its application a copy of all required franchises with the Zoning Officer.
P.
Signs. No signs shall be allowed on an antenna or tower.
Q.
Buildings and support equipment facilities. Buildings and support equipment facilities associated with antennas or towers shall also comply with the requirements of § 207-173.
R.
Multiple antenna/tower plan. The Borough of Raritan mandates the users of towers and antennas to co-locate antennas where technically, practically and economically feasible. Applications for approval of co-location sites shall be given priority in the review process.
S.
Compliance with radiation emission standards. The applicant shall demonstrate that the proposed antenna and related structures and equipment comply with all applicable state and federal regulations of electromagnetic radiation levels. Thereafter, at least every two years after issuance of the initial certificate of occupancy, the applicant shall demonstrate that the antenna and related structures and equipment continue to comply with such applicable regulations.
§ 207-169 Permitted uses.
A.
Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Raritan are permitted uses. To the extent the bidding requirements of the Local Public Contracts Law of the State of New Jersey (N.J.S.A. 40A:11-1 et seq.) and/or the requirements of the Local Lands and Building Law of the State of New Jersey (N.J.S.A. 40A:12-1 et seq.) are applicable, the Borough of Raritan shall comply with same. The Borough, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from the application of this subsection.
B.
Any antenna which is not attached to a tower is a permitted use (not a conditional use) and may be attached to any existing business, industrial, office or institutional structure located in the B-3 Zone, provided that:
(1)
The antenna does not exceed 10 feet more than the maximum building height for the zone in which the structure is located;
(2)
The antenna complies with all applicable FCC and FAA regulations;
(3)
The antenna complies with all applicable building codes; and
(4)
The antenna design will be designed with particular reference to design characteristics that will have the effect of reducing or eliminating visual obtrusiveness, including materials, placement and reinforced plastic panels designed to make the antenna the least visually intrusive to adjacent properties as possible.
§ 207-170 Conditional uses.
A.
List of conditional uses. The following uses may be approved by the applicable approving authority as conditional uses:
(1)
Antennas on existing towers consistent with the terms below:
(a)
An antenna may be attached to an existing tower to minimize adverse visual impacts associated with the proliferation and clustering of towers. Co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers.
(b)
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the approving authority allows reconstruction as a monopole.
(c)
An existing tower may be modified or rebuilt to a greater height not to exceed the maximum tower height established by this article.
(2)
New towers to hold antennas in the B-3, OM-2, and OM-3 Zones, provided they comply with the following conditions:
(b)
The proposed site is not adjacent to residential structures or residential district boundaries.
(c)
The tower is designed with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, such as stealth design.
(d)
Proof that permitted sites, suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures are not available, as discussed in § 207-170B, which follows.
(e)
Confirmation that the proposed tower is or will be made available to other potential users.
(f)
Proof that the proposed site is particularly suited for the proposed tower.
(g)
The tower must be designed and constructed so as to accommodate at least two antenna arrays of separate wireless telecommunications providers. The approving authority may require that the tower be designed and constructed so as to accommodate up to five antenna arrays of separate wireless telecommunications providers where such accommodation is technically, practically and economically feasible.
B.
Availability of permitted sites, suitable existing towers, other structures or alternative technology. No new tower shall be permitted as a conditional use under this article unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no permitted site or existing tower structure, or no alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the approving authority related to the availability of permitted sites, suitable existing towers, other structures and alternative technology. Evidence submitted to demonstrate that no permitted site, suitable existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No permitted site, existing towers or structures are located within the geographic area that meet the applicant's engineering requirements.
(2)
Permitted sites or existing towers or structures cannot provide sufficient height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(4)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors that render permitted sites or existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable; costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
C.
Future towers or antennas. No new tower shall be permitted as a conditional use unless the applicant sets forth a description of the feasible location(s) of future towers or antennas for the applicant within the Borough of Raritan based upon existing physical, engineering, technological and geographical limitations in the event that the proposed antenna and/or tower is erected.
§ 207-171 Setbacks and separation distances.
A.
Setbacks. The following setback requirements shall apply to all towers:
(1)
Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.
(2)
Accessory equipment facility buildings must satisfy the minimum zoning district setback requirements.
(3)
No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.
B.
Separation. The following separation requirements shall apply to all towers:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b)
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | |||
|---|---|---|---|
Off-Site Use/Designated Area | Separation Distance | ||
Base of tower to: | |||
Existing residential, public parks and buildings, public or private schools, municipal buildings, libraries or houses of worship and any site designated on the federal, state or municipal historic register | 300 feet or 300% of the height of the tower, whichever is greater | ||
Vacant residentially zoned land | 300 feet or 300% of the height of the tower, whichever is greater | ||
Nonresidentially zoned lands or nonresidential uses | At least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings | ||
(2)
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.
Table 2 | ||||
|---|---|---|---|---|
Lattice (linear feet) | Monopole, 100 Feet or Greater in Height (linear feet) | Monopole, Less Than 100 Feet in Height (linear feet) | ||
Lattice | 5,000 | 1,500 | 750 | |
Monopole, 100 feet or greater in height | 1,500 | 1,500 | 750 | |
Monopole, less than 100 feet in height | 750 | 750 | 750 | |
§ 207-172 Buildings and support equipment facilities.
A.
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(1)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height.
(2)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area and shall be screened from view utilizing architectural treatments and designs.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
B.
For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.
C.
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.
§ 207-173 Abandonment and removal.
A.
Any antenna or tower that is not operated for a continuous period of six 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 Raritan notifying the owner of such abandonment.
B.
Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified.
C.
Failure to remove an obsolete, outdated or abandoned antenna or tower within said 90 days shall be grounds for the Borough to require removal of the tower or antenna at the owner's expense.
D.
If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
E.
The Borough may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Borough Engineer for such construction as required under all applicable Borough ordinances.
§ 207-174 Nonconforming, damaged or destroyed towers or antennas.
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in § 207-171, Tables 1 and 2. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 207-173.