Rockleigh City Zoning Code

New Towers and Antennas. All new towers or antennas to be sited in the Borough shall be subject to these regulations.

District Height Limitations. The requirements set forth in this section shall govern the heights of all towers and antennas to be constructed in each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antenna facilities.

Pre-existing Towers and Antennas. Any wireless communication tower or antenna on which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of § 34-44.3e and f. 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 section as "pre-existing antennas."

Purpose; Goals. The purpose of this section is to establish general guidelines for the siting of wireless communication towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) require, to the extent possible, the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) require, to the extent possible, the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) locate towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas 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; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (8) require that such towers are properly constructed, maintained and dismantled, and that appropriate security is posed to ensure same, and the safety of Borough residents; (9) consider the public health and safety of communication towers; and (10) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Planning Board shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

Owners of existing towers must agree to share (rent) space on their towers with other antenna users seeking to erect such a facility within the Borough irrespective of whether or not they are competitors. Such users shall be subject to a co-user approval by the Planning Board. Reasonable Fair Market Lease Agreements are required. The objectives of this provision are to minimize the number of towers required within the Borough and avoid a proliferation of towers when multiple antennas on one tower are possible.

Principal or Accessory Use. Antennas may be considered either principal or accessory uses, and towers shall be considered a principal use only. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna on such lot, but shall preclude the construction of a tower. 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.

Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of all existing towers, antennas or sites approved for towers or antennas that are both within the jurisdiction of the governing authority and within one mile of the border thereof, including specific information about the location, height and design of each tower. The Planning Board and/or the Borough 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 or the Borough is not, by disseminating such information, in any way representing or warranting that such sites are available or suitable.

Aesthetics; Lighting. The guidelines set forth in this Subsection d shall govern the aesthetic appearance of all towers and the installation of all antennas governed by this section; provided, however, that the Planning Board may grant variances to these requirements if it determines that the goals of this section are better served thereby and in accordance with the Municipal Land Use Law ("MLUL").

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 section 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. Any such removal shall be ordered by the Planning Board, as all approvals granted herein shall be unequivocally deemed conditional approvals subject to this provision, or by order of the Borough Construction Official.

Building Codes; Safety Standards. To ensure the structural integrity of all wireless communication towers within the Borough, the owner of each tower shall ensure that the tower is maintained in compliance with standards contained in the State Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the governing authority 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 10 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 10 days, then the Mayor and Council, in conjunction with the Borough Construction Code Official, may order the removal of such tower at the owner's expense, and lien the property for all costs incurred, including professional fees expended.

Signs. No signs or other nonessential accoutrements shall be allowed on any antenna or tower, with the exception of warning signs or other signs required by Federal, State or local law.

Buildings and support equipment associated with the antennas or towers shall comply with the requirements of § 34-44.7.

Access Road. All access roads leading to the tower and antennas area shall be paved with asphalt. The access road shall include an area for sufficient parking and turnaround radius for at least one vehicle.

Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section, and shall not be regulated or permitted as essential services, public utilities, or private utilities.

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 communication system in the Borough have been obtained, and shall file a copy of all required franchises with the Clerk of the Borough, who shall distribute copies of same to the Borough Construction Official and Building Department.

Maximum Tower Height. The maximum height of any tower shall not exceed ninety (90) feet except when more than one set of commercial transmitting/receiving antennas are co-located on a tower, the total height of the tower shall not be greater than one hundred ten (110) feet. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.

Minimum Front Yard Setback. Fifty feet or the height of the structure, whichever is greater.

Minimum Rear Yard Setback. Fifty feet or the height of the structure, whichever is greater.

Minimum Site Yard Setback. Fifty feet or the height of the structure, whichever is greater.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal, County and State jurisdictional boundaries.

Any generator located on the site shall be within a completely enclosed soundproof structure suitable to house such equipment. All fuels shall be contained in accordance with NJDEP requirements.

Towers should be freestanding monopole structures without significant cross-braces or other visible supporting devices. Lattice structure towers shall not be permitted.

Noise levels at any property line shall be not more than 50 decibels.

General. The uses listed in this subsection are deemed to be permitted uses and shall require major site plan approval and the consent of the Governing Body of the Borough. Nevertheless, all such uses shall comply with the requirements set forth under § 34-44.3, Subsections d through o and all other applicable ordinances.

Specific Permitted Uses. The following uses are specifically permitted:

The Planning Board has exclusive jurisdiction pursuant to the MLUL and this section.

Each applicant for approval shall apply to the Planning Board providing the information required in this section, together with a nonrefundable fee as established by resolution of the Planning Board to reimburse the Borough of Rockleigh for the costs of reviewing the application.

The Planning Board shall review the application and determine if the proposed use complies with the provisions of this section.

Applicability. If the tower or antenna is not a permitted use under § 34-44.4, then the applicant shall be required to submit its application to the Planning Board for a use variance, pursuant to N.J.S.A. 40:55D-1 et seq., which shall have jurisdiction over the application.

Information Required. Each applicant requesting any approval under this section shall submit the following information:

Factors Considered in Granting Use Variances. The Planning Board shall consider the following factors in determining whether to issue a use variance:

Availability of Suitable Existing Towers or Other Structures. No new tower or antennas shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, antenna site, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed tower or antennas. Evidence submitted to demonstrate that no existing tower, antenna site, or structure can accommodate the applicant's proposed tower or antenna may consist of any of the following:

Security Fencing. Towers shall be enclosed by security fencing not less than eightfeet in height, and shall be slatted and equipped with an appropriate anti-climbing device.

Landscaping. The following requirements shall govern the landscaping surrounding the towers for which any approval under this section is required.

Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with an antenna facility shall comply with the following:

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 15 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Modification of Building Size Requirements. The requirements of § 34-44.7a and b may be modified by the Planning Board, when doing so would encourage co-location by multiple users.

Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist, subject however to the provisions of § 34-44.3e and f. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall be performed in compliance with the requirements of this section.

Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain approval. The type, height and location of the tower on-site shall be of the identical type and intensity as the original facility. 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 § 34-44.9.

All wireless telecommunication towers and antenna facilities within the Borough, which are used to provide any telecommunication services for a fee, are required to be registered by the owner of the tower or antenna facility with the Borough. The registration forms shall be provided by the Building Department. A fee of $400 plus $1 for each foot of tower or antenna height of the tallest antenna shall be charged for the registration.

Each owner shall inform the Borough within 60 days of any changes to the information set forth in the registration form.

The registration of all wireless telecommunication towers and antenna facilities must be renewed on an annual basis, and no later than January 31st of each year. The registration form must be accompanied by the fee to be accepted. The tower/antenna owner shall submit the registration form and fee to the Borough Construction Department for review and processing.

A late fee of $100 shall be charged for each month that the registration and accompanying fee is not received by the Borough.

An applicant who co-locates on an existing tower or antenna facility shall pay a reduced renewal registration fee of $200. The registration fee of the owner of the tower or antenna facility on which another provider co-locates shall be reduced to $200 plus $100 for each foot of tower or antenna height of the tallest antenna. Said reduction shall commend in the year following the co-location.

If any provision of this section or the application of said provision to any person or circumstance is declared invalid, such invalidity shall not affect the remaining section of this section;

This section and the provisions herein are declared to be severable;

If any provisions of this section or the application of such provision to any person or circumstance is declared unconstitutional, same shall not affect the remaining provisions of this section;

All ordinances or part thereof inconsistent herewith are hereby repealed to the extent of such inconsistencies of this section and to this end the provisions of this section are declared to be severable.

The provisions of this section will be enforced by the Borough Construction Official.

The owner of any tower or antenna facility shall indemnify and hold the Borough harmless against any and all claims, suits, cause of action or judgments arising from any injury, including death or damage caused by the construction and operation of the tower or antenna facility.

Any person, firm, or corporation who violates any of the provision of this section, or any amendment or supplement thereof, shall be deemed guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than $500 or imprisonment in the County Jail for a period not to exceed 90 days or both, in the discretion of the Court. Each and every day during which such violation, illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.

All facilities shall be inspected annually by the appropriate designated representative of the Borough to determine the structural integrity of the facility and whether the facility is detrimental to the health, safety and welfare of the residents of the Borough. Any facility which is determined to be detrimental to the health, safety and welfare of the residents of the Borough shall be removed immediately at the direction of the Mayor and Council.