Ridgefield City Zoning Code
ARTICLE VIIA
Telecommunications Antennas and Towers
§ 390-26.1 Intent and goals.
A.
Intent. The intent of this article is to establish general guidelines for the placement and appearance of wireless telecommunications facilities in a manner that achieves the stated goals of this article.
B.
Goals. The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of new towers in industrial areas;
(3)
Minimize the total number of towers and antennas 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 wireless telecommunications carriers to locate towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Minimize adverse visual impacts associated with the proliferation and clustering of towers;
(7)
Encourage wireless telecommunications carriers to 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;
(8)
To the greatest extent feasible, ensure that towers and wireless telecommunications facilities are compatible with surrounding land uses.
(9)
Enhance the ability of the wireless telecommunications carriers to provide such services to the community quickly, effectively and efficiently;
(10)
Consider the public health and safety as it relates to wireless telecommunications facilities; and,
(11)
To avoid potential damage to adjacent properties from tower failure through engineering and careful sitting of tower structures.
§ 390-26.2 Definitions.
A.
Any word or term not defined herein shall be as defined in Article X of this Part 1 (Borough of Ridgefield's Zoning Ordinance 1982). Any word or term not defined herein or in Article X shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or shall be utilized in standard usage for the context in which the word is used.
B.
Word usage. In interpreting this article, words in one tense shall include other tenses or derivative forms; words in the singular shall include the plural and in the plural, the singular; either gender shall include the other; the word "shall" is mandatory; the word "may" is permissive.
C. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK COLLOCATION FAA FCC GOVERNING AUTHORITY HEIGHT MOUNT MUNICIPAL LAND USE LAW PLANNING BOARD PREEXISTING TOWERS and ANTENNAS PUBLIC OFFICER TARGETED MARKET COVERAGE AREA TOWER TOWER, GUY TOWER, LATTICE TOWER, MONOPOLE TOWER RECONSTRUCTION WIRELESS TELECOMMUNICATIONS WIRELESS TELECOMMUNICATIONS ANTENNA WIRELESS TELECOMMUNICATIONS CARRIER WIRELESS TELECOMMUNICATIONS FACILITY WIRELESS TELECOMMUNICATIONS SERVICES
Definitions. As used in this Article VIIA, the following words shall have the meanings as indicated:
Includes but shall not be limited to water towers, 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 exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
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.
When wireless telecommunications facilities for two or more wireless telecommunications carriers are placed together on the same tower, alternative tower structure or building.
The Federal Aviation Administration.
The Federal Communications Commission.
The Mayor and Council of the Borough of Ridgefield or the Borough of Ridgefield.
When referring to a tower or antenna, the vertical measurement from the highest point in elevation of the tower or antenna to the average finished grade/elevation adjoining the foundation of the tower, building or structure.
The surface or structure upon which antennas are mounted, including building mounted, tower mounted and structure mounted.
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The Borough of Ridgefield Planning Board whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any tower or antenna on which a permit has been properly issued prior to the effective date of this article. This includes permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired. Any such towers or antennas shall be referred to in this article as "preexisting antennas" and "preexisting towers".
The Zoning Official of the Borough of Ridgefield.
The area that is targeted to be served by a proposed wireless telecommunications facility.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. 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.
A type of tower that is supported or braced through the use of cables (guy wires) which are permanently anchored.
A type of tower that is self-supporting, generally constructed of vertical metal struts and cross braces forming a structure which often tapers from the bottom to the top of the tower and is securely anchored to a foundation.
A type of tower that is constructed of a single self-supporting shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
Demolition and rebuilding of a tower on the same lot where the center point of the newly constructed tower is located no greater than 10 feet from the center point of the demolished tower. For the purpose of this definition, the center point of a tower shall be the geographic midpoint of the tower and all support structure as depicted in plan view.
The transmission of information of the user's choosing, such as voice, data, text, sound and/or video, using wireless telecommunications networks, between or among points specified by the user(s), without change in the form or content of the information as sent and received.
A type of antenna that is used specifically for the purpose of providing wireless telecommunications services.
Any business establishment engaged in the offering of personal wireless telecommunications services. The term "carrier" or "provider" shall be synonymous with wireless telecommunications carrier.
An unstaffed or staffed facility designed for the transmission and/or reception of radio frequency (RF) signals for the purpose of providing personal wireless telecommunications services as defined in the Federal Telecommunications Act of 1996. These facilities include but are not limited to: buildings, cabinets, other structures and facilities, generating and switching stations, repeaters, antennas, transmitters, receivers, towers and all other buildings and structures linking the wireless network of RF signal devices to conventional wired and other communications systems.
The offering of personal wireless telecommunications, as regulated in the Federal Telecommunications Act of 1996, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public. Wireless telecommunications services include those services such as cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or may be developed in the future.
§ 390-26.3 Applicability.
B.
District height limitations. The requirements set forth in this article shall govern the location of towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antennas.
C.
Amateur radio; 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 as a reception-only antenna. Any permits under this section shall be subject to the appropriate federal regulations.
D.
Preexisting towers and antennas. Preexisting towers and preexisting antennas, as defined herein, shall not be required to meet the requirements of this article other than provisions specifically relating to federal requirements, building codes, safety standards and monitoring report requirements.
E.
AM array. For purposes of implementing this article, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
F.
Satellite dishes. This article shall not govern any satellite dish presently regulated under the Borough Code.
§ 390-26.4 General guidelines and provisions
A.
Principal or accessory use or structure. Antennas and towers shall be considered principal uses and structures regardless of whether or not a wireless telecommunications facility is the sole use of the lot. A different existing principal use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. All other structures and ancillary facilities shall be considered accessory uses and structures.
B.
Lot size and setbacks. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.
C.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied irrespective of municipal and county jurisdictional boundaries.
D.
Not essential services. Wireless telecommunications facilities, towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.
E.
Multiple antenna/tower plans. The Borough of Ridgefield encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
F.
Availability of an alternative suitable site/structure analysis. No wireless telecommunications facility not meeting all of the required minimum separation distance or conditional use standards set forth in this article shall be permitted unless the applicant affirmatively demonstrates that no other site, existing tower or structure or alternative technology that does not require the use of towers or structures is available that can accommodate the applicant's targeted market coverage area in full compliance with the separation distance or conditional use standard. Evidence submitted to demonstrate the absence of any other available option shall include a written report as specified in the submission requirements section of this article.
§ 390-26.5 Zones where permitted; permitted and conditional uses.
A.
Wireless telecommunications facilities operated under the regulations of the FCC and/or the Federal Telecommunications Act of 1996 shall be permitted in certain zoning districts in accordance with the provisions set forth in this article, subject to site plan review and approval.
B.
Wireless telecommunications facilities not expressly permitted are hereby prohibited.
C.
Wireless telecommunications facilities as a permitted use.
(2)
A wireless telecommunications facility located on a property owned, leased or otherwise controlled by the governing authority shall be considered a permitted use, in accordance with the following provisions and exemptions:
(a)
A lease authorizing such wireless telecommunications facility shall be approved by resolution of the governing authority. The decision to extend such leases to an applicant or carrier shall be vested solely with the governing authority.
(b)
Site plan approval requirements of this article may be exempted; however, the governing authority may, as a condition of such lease, require site plan approval.
(c)
The facility shall be exempt from all zoning/bulk standards except that towers and antennas shall not exceed maximum height restrictions established in this article for a permitted use. Performance and design standards shall be applicable.
D.
Wireless telecommunications facilities as a conditional use. Certain types of wireless telecommunications facilities shall be permitted as a conditional use in certain zones specified as follows:
(1)
Permitted as a conditional use in the following zones:
(a)
District D Retail Business, Commercial or Office Zone.
(b)
O-LR Office Low-Rise Zone.
(c)
O-C Office Commercial Zone.
(d)
C Commercial Zone.
(e)
O-5 Office Mid-Rise Zone.
(f)
O-7 Office Mid-Rise Zone.
(g)
C-H Commercial and Hotel Zone.
(h)
OMH Office/Mid-Rise Hotel Zone.
(i)
NB Neighborhood Business Zone.
§ 390-26.6 Zoning regulations for wireless telecommunications facilities as a permitted use.
A.
Applicability. The requirements contained in this section shall govern all wireless telecommunications facilities that are specified as a permitted use in certain zones. All requirements contained in this section shall be considered bulk/zoning regulations.
B.
Wireless telecommunications facilities installed on a new monopole tower shall comply with the following regulations:
(1)
Maximum tower and antenna height. The maximum height of any proposed tower and antenna shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate, but in no event shall the height exceed the following standards for maximum height:
(2)
Collocation provisions. All towers and footings shall be designed to permit future extensions to a maximum height of 150 feet.
(3)
Minimum setbacks. The setback distances shall be measured in plan view as a straight line from the nearest part of the tower or antenna array.
(a)
Front lot lines: 100 feet or 75% of height of tower, whichever is greater.
(b)
Side and rear lot lines: 50 feet or 40% of height of tower, whichever is less.
(c)
All other buildings and structures (except wireless telecommunications equipment shelters): 25 feet or 20% of height of tower, whichever is less.
(5)
Minimum separation distance from residential zone district boundaries. The following minimum separation distances shall be measured in plan view by drawing a straight line from the nearest part of the tower or antenna to the residential zone district boundary line as depicted on the Official Zoning Map.
(a)
District A Single Family Residence: 800 feet or 800% of height of tower, whichever is greater.
(b)
District B Two-family Residence: 800 feet or 800% of height of tower, whichever is greater.
(c)
All other residential zone districts not specified above: 600 feet or 600% of height of tower, whichever is greater.
C.
Wireless telecommunications facilities mounted on an existing building, tower or structure or on a reconstructed tower shall comply with the following regulations:
(1)
Maximum antenna and tower height. Antennae arrays may be mounted on existing towers, buildings, alternative tower structures or on a reconstructed tower; however, no antenna or tower shall extend above the following maximum height standards:
(a)
Antennas mounted on an existing building or existing alternative tower structure shall not exceed by more than 20 feet, or 20% of the existing height of the building or structure, whichever is less, up to a total maximum height of 90 feet.
(b)
Antennas mounted on an existing tower that is greater than 150 feet in height shall not exceed the height of the tower.
(c)
Antennas mounted on an existing tower that is 150 feet or less in height shall not exceed the existing height of the tower. However, if collocation is proposed, then the maximum permissible height of the existing or reconstructed tower and antennas may be increased based on the number of carriers that will be co-located on the existing tower:
(2)
Tower reconstruction provisions. Tower reconstruction, as defined herein, shall be in accordance with all of the following:
(a)
Demolition and reconstruction of a tower that does not meet the definition of tower reconstruction shall be regulated under all of the provisions applicable to a new tower.
(b)
Reconstruction of an existing tower shall be the same tower type as the existing tower, unless a monopole is proposed.
(c)
Reconstruction of an existing tower that is greater than 150 feet in height may be demolished and rebuilt to a height no greater than the demolished tower. The antenna height shall not exceed the height of the reconstructed tower.
(d)
Reconstruction of an existing tower that is 150 feet or less in height may be demolished and rebuilt to a height no greater than the height requirements applicable to a new monopole tower. The antenna height shall not exceed the height of the reconstructed tower.
(e)
Reconstruction of an existing tower shall be exempt from all separation and setback requirements applicable to the construction of a new monopole tower.
(3)
Minimum separation distance from residential zone district boundaries. The following minimum separation distances shall be measured in plan view by drawing a straight line from the nearest part of the tower or antenna to the residential zone district boundary line as depicted on the Official Zoning Map:
(a)
District A Single Family Residence: 600 feet or 600% of height of antenna, whichever is greater.
(b)
District B Two-family Residence: 600 feet or 600% of height of antenna, whichever is greater.
(c)
All other residential zone districts not specified above: 200 feet or 200% of height of antenna, whichever is greater.
§ 390-26.7 Zoning regulations for wireless telecommunications facilities as a conditional use.
A.
Applicability. The requirements contained in this section shall govern all wireless telecommunications facilities that are specified as a conditional use in certain zoning districts. All requirements contained in this section shall be considered conditional use standards.
C.
Maximum antenna height. No antenna shall extend above the following maximum height standards:
(1)
Antennas mounted on an existing building or existing alternative tower structure shall not exceed by more than 20 feet, or 20% of the existing height of the building or structure, whichever is less.
(a)
Antennas mounted on an existing or reconstructed tower shall not exceed the height of the existing tower.
D.
Tower reconstruction provisions. Tower reconstruction, as defined herein, shall be in accordance with all of the following:
(1)
Demolition and reconstruction of a tower that does not meet the definition of tower reconstruction shall not be permitted, conditionally or otherwise.
(2)
Reconstruction of an existing tower shall only be reconstructed as a monopole tower.
(3)
Reconstruction of an existing tower may be demolished and rebuilt to a height no greater than the demolished tower. The antenna height shall not exceed the height of the reconstructed tower.
(4)
Reconstruction of an existing tower shall be exempt from the separation requirements otherwise applicable as conditional use standards.
E.
Minimum separation distance of antenna from residential zone district boundaries. The following minimum separation distances shall be measured in plan view by drawing a straight line from the nearest part of the proposed antenna to the residential zone district boundary line as depicted on the Official Zoning Map:
§ 390-26.8 Performance and design standard for all wireless telecommunications facilities.
A.
Aesthetics.
(1)
Towers shall maintain a galvanized steel finish, subject to any applicable standards of the FAA, and be painted a neutral color so as to reduce visual obtrusiveness. Color shall be selected to be consistent with the color scheme of surrounding buildings or structures.
(2)
The design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
(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.
(4)
The use of stealth designs and camouflage structures, materials and treatments (trees, steeples, clock towers, etc.) shall be utilized in locations where vegetative conditions or architectural conditions warrant such treatments.
B.
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall be vertically slatted and equipped with an appropriate anti-climbing device. Barbed wire is specifically prohibited.
C.
Landscaping. The following requirements shall govern the landscaping surrounding the towers for which a site plan is required:
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least eight feet wide and 12 feet high 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 or waived altogether.
(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.
(4)
Buffer maintenance shall be the responsibility of the applicant.
D.
Wiring. The maximum linear distance of an aboveground cable/wiring conduit running between an antenna mounting structure and the equipment structure shall be no greater than 25 feet; cable conduits longer than 25 feet shall be installed below grade. On building-mounted sites, no cable/wiring shall be permitted on the front or side facades of the building; wiring shall be installed within the interior of the building or on the rear facade only.
E.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the reviewing board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
F.
Signs. Other than typical "warning," "emergency" and equipment information signs, no signs shall be permitted. Emergency signs shall be on plates attached to the tower or building and shall not exceed two square feet in area.
G.
Parking. Minimal off-street parking shall be permitted as needed.
H.
Access roads. All access roads leading to the tower and antenna shall be paved with asphalt in accordance with site plan requirements. The access road shall include an area for sufficient parking and a turnaround provision.
I.
Connections to wired telephone service. No antenna shall be located on any tower in order to provide direct landline telephone service; such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.
§ 390-26.9 Buildings and equipment storage.
A.
Bulk standards. Equipment cabinet or structures shall comply with the following requirements which are deemed to be zoning/bulk standards:
(1)
The cabinet or structure shall not contain more than 100 square feet of gross floor area per carrier.
(2)
Ground level cabinets shall conform to principal building setback requirements of the applicable zone district.
(3)
The cabinet or structure shall not be more than 15 feet in height.
(4)
For wireless telecommunications facilities on buildings or structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or over 12 feet in height, shall not be located on the roof of the structure or building.
(5)
If the equipment cabinet or 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 15% of the roof area.
B.
Performance and design standards. Equipment cabinet or structures shall comply with the following requirements which are deemed to be performance and design standards:
(1)
In a front yard area or visible from a public street, the cabinet/structure shall be constructed as a building of an identical architectural design of surrounding buildings. An ornamental foundation planting shall be provided around the base of the building.
(2)
In a side or rear yard area not visible from a public street, the cabinet/structure shall be screened by an evergreen hedge with an ultimate height no less than 12 feet and a planted height of at least six feet.
(3)
If on a structure other than a tower, the equipment cabinet or structure 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 equipment structure as visually unobtrusive as possible.
(4)
One light may be provided at the entrance of the equipment structure, provided that the light is attached to the structure, is focused downward and is switched so that the light is turned on only when workers are at the site.
(5)
Collocation facilities shall provide a single integrated and attached equipment building to be shared by all carriers. The building may have multiple access doors, each dedicated to each carrier; however, a single a common entryway door is encouraged.
(6)
The equipment storage buildings or cabinets shall be sufficiently insulated so that any noise generated from the equipment shall not exceed the noise levels permitted by Chapter 275, Noise, of the Code of the Borough of Ridgefield.
(7)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
§ 390-26.10 Technical consultants.
The Planning Board or Zoning Board may retain technical consultants, as it deems necessary, to provide assistance in the review of the site plan application and site location alternatives analysis (if so applicable). The applicant (and/or carrier) shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Borough's escrow policies.
§ 390-26.11 Site plan required; submission requirements; completeness of application.
A.
Site plan required. Notwithstanding any other provisions excepting site plan approval, no wireless telecommunications facilities shall be permitted without site plan approval, unless it is expressly authorized in this article.
B.
Supplementary submission checklist requirements. In addition to a complete site plan submission, including all site plan detail requirements as set forth in § 390-136, the following shall be required at the time of submission:
(1)
Visual impact analysis, including the following:
(a)
Computer-generated digital photographs representing "before and after" construction must be included which depicts all aspects of the facility such as antennas, support structures, ancillary facilities and wiring.
(b)
Reduction of visual impact statement. A statement that is certified by the applicant must be provided which states that every reasonable measure has been taken to assure that the proposed communications tower, antenna and/or accessory structure will be placed in a reasonably available location which will minimize the visual impact of the surrounding area (i.e., adjacent public rights-of-way) in accordance with minimum standards of applicable federal and other regulations.
(2)
Radio frequency (RF) coverage analysis, including the following:
(a)
Computer-generated coverage analysis accompanied by actual drive test measurements.
(b)
Drawing or plan of the applicant's existing level of coverage in the Borough of Ridgefield and within a half mile of the municipal boundary.
(c)
Drawing or plans of the applicant's "targeted market coverage area" of the site plan application.
(3)
Inventory of existing sites. An inventory of all existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the governing authority or within one half of a mile of the border thereof, including specific information about the location, height and design of each tower. The Planning Board may disseminate information pursuant to the Right To Know Law or any other law or regulation pertaining to the dissemination of public records to any organization seeking to locate antennas within the jurisdiction of the governing authority; provided, however, that the Planning Board is not, by disseminating such information, in any way representing or warranting that such sites are available or suitable.
(4)
Availability of an alternative suitable site/structure analysis, if applicable. A written report that sufficiently demonstrates the absence of any other available option that would comply with minimum separation distance requirements or conditional use standards of this article. Evidence submitted as part of the report may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing towers or structures or the antennas on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
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.
(f)
The applicant demonstrates that there are significant other limit factors that render existing towers and structures unsuitable.
(g)
The applicant shall have the affirmative obligation of proving that it has attempted to enter into a contract with the owners of an existing tower, structure or other more suitable site.
[1]
This obligation shall include copies of all correspondence as to rates, cost of contributions, etc.
[2]
Copies of rejection of the offers propounded on the applicant by the owners of the existing structure and/or tower.
[3]
Written cost proposals indicating actual quoted figures required by the owner of the existing structures and/or tower.
[4]
A detailed cost analysis indicating the cost to the applicant to construct new a tower and/or structure.
(h)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(5)
Franchises/licenses. Wireless telecommunications carriers shall certify that all franchises and licenses required by law for the construction and/or operation of a wireless communications system in the Borough of Ridgefield have been obtained and shall file a copy of all required franchise documentation and licenses.
(6)
Graphic depiction and numeric specifications for all setback and separation distances as required by this article.
(7)
A statement including a full description of compliance with all applicable requirements of this article.
(8)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(10)
A description of the feasible location(s) of future towers or antennas within the Borough of Ridgefield based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(11)
A noise study determining the ambient sound level associated with proposed tower.
(12)
Documentation by a qualified engineer with a demonstrated expertise in structural engineering regarding the capacity of a proposed tower for the number and type of antennas.
(13)
Documentation by a qualified engineer with a demonstrated expertise in structural engineering that any proposed tower and antennas 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 Industry Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met.
(14)
Any other information deemed by the governing authority to be necessary to assess compliance with the MLUL and this article.
C.
Completeness of application.
(1)
Initial submission requirements. The applicant, at their option, may chose to make an initial submission for completeness review only, in accordance with the submission checklist requirements stated in this article. Said submission may be modified to include a total of four sets of required submission materials pursuant to this article. The submission will be distributed to the Board Engineer and Board Planner for completeness review. Upon the issuance of a certificate of completeness, the applicant shall make all required submissions at least 15 days prior to the scheduled public hearing.
(2)
Certification of completeness. An application shall be complete for the purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized designee. In the event that the Board or its designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon expiration of the forty-five-day period for the purposes of commencing the applicable time period unless:
(3)
Submission requirement waivers. The applicant may request that one or more of the submission checklist requirements be waived, in which event the Board or its designee shall grant or deny the request within 45 days. The application shall include a list of all requested submission waive items and items that are not applicable to the application. Nothing herein shall be construed as diminishing the applicant's obligation to offer sufficient proof during the application process that he or she is entitled to approval of the application.
(4)
Correction of erroneous information. The Board may subsequently require correction of any information found to be in error, and the submission of additional information not specified in this article, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revision in the accompanying documents so required by the Board.
§ 390-26.12 Maintenance and monitoring requirements; fees.
A.
Compliance with other laws. The applicant's use of the premises is contingent upon its obtaining all certificates, permits, zoning and other approvals that may be required by any federal, state or local authority. The applicant shall erect, maintain and operate its antenna facilities in accordance with site standards, statutes, ordinances, rules and regulations now in effect or that may be issued hereafter by the FCC or any other governing bodies. Should any conflict arise between local zoning ordinances and rules or regulations promulgated by the FCC, the FCC rules and regulations shall govern.
B.
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the 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 more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
C.
Biannual maintenance reports. After the wireless telecommunications facility is in operation, the applicant shall submit a report within 90 days of commencing operation and at biannual intervals from the issuance of the building permit. The report shall be submitted to the Building Department and shall include:
(1)
[1] A report prepared by a professional engineer certifying the structural integrity of the facility, together with all antennas mounted thereon and whether they remain in use, and that they meet all applicable minimum safety and FCC requirements.
(2)
Such report shall also certify whether or not antenna arrays have been modified and shall include a detailed listing of all antennas and equipment so certified.
(3)
A satisfactory insurance company inspection report shall be deemed to meet the requirements of this section.
D.
[2]All wireless telecommunications facilities shall be installed on the premises in a good and workmanlike manner. The municipality reserves the right to require the applicant to paint the antenna facilities in a manner consistent with the Property Maintenance Code[3] of the municipality and consistent with the color of the building or to otherwise shield the antenna facilities from view.
§ 390-26.13 Abandonment or discontinuation of use.
A.
At such time that a licensed carrier plans to abandon or discontinue operation of a wireless telecommunications facility, such carrier shall notify the Borough Clerk by certified United States Mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned if is not operated for a continuous period of 12 months.
B.
The owner of any wireless telecommunications facility that is abandoned shall physically remove it within 90 days of receipt of notice from the Building Department notifying the owner of such abandonment. 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. "Physically remove" shall include, but not be limited to:
(1)
Removal of antennas, mount, equipment shelters and security barriers for the subject property;
(2)
Proper disposal of waste materials from the site in accordance with local, county and state solid waste disposal regulations;
(3)
Restoring the location of the facility to its original and/or natural condition, except that any landscaping and grading shall remain in the after-condition as deemed appropriate by the Borough Engineer.
C.
If a carrier does not physically remove the antenna or tower in accordance with this section, the Mayor and Council may order the physical removal of such antenna or tower at the owner's expense and lien the property for the costs associated therewith, inclusive of professional fees.[1]
[1]
Editor's Note: Former Subsection D, regarding conditioning issuance of a permit on the posting of an appropriate performance bond, which immediately followed this subsection, was repealed 5-24-2004 by Ord. No. 1873.
§ 390-26.14 Nonconforming uses.
A.
Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use or structure.
B.
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this article.
C.
Reconstruction of damaged or destroyed nonconforming towers or antennas. Bona fide nonconforming preexisting towers or antennas that are damaged or destroyed may be rebuilt without having to obtain site plan and/or a conditional use permit approval in accordance with all of the following:
(1)
The type, height and location of the tower on the site shall be of the same type and intensity as the original facility approved.
(2)
Building permits to rebuild the facility shall comply with building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed.
(3)
If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
§ 390-26.15 Severability.
A.
If any provision of this article or the application of said provisions to any person or circumstance is declared invalid, such invalidity shall not affect the remaining section of this article.
B.
This article and the provisions herein are declared to be severable.
C.
If any provisions of this article or the application of such provision to any person or circumstance is declared unconstitutional, that provision shall not affect the remaining sections of this article.
D.
All ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistencies to this article and, to this end, the provisions of this act are declared to be severable.
§ 390-26.16 Repealer.
Any ordinances or parts thereof in conflict with the provisions of this article are hereby repealed to the extent of such conflict.
§ 390-26.17 Effective date.
This article shall take effect upon final passage and publication in the manner provided by law.