Saddle Brook City Zoning Code
ARTICLE XVIII
Telecommunications Antennas and Towers
§ 206-92 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Includes but shall not be limited to 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 transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals.
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.
The Mayor and Council of the Township of Saddle Brook or the Township of Saddle Brook.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna, even if said highest point is an antenna.
The Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The Township of Saddle Brook Planning Board, whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Have the meaning set forth in § 206-93E of this article.
The Zoning Official of the Township of Saddle Brook.
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.
§ 206-93 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 also apply to towers and antennas.
C.
Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be exempt from the requirements of this article, provided that a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved municipal sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a permitted use under this article.
D.
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.
E.
Preexisting towers and antennas. Any tower or antenna on which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article other than the requirements of § 206-94E 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 article as "preexisting antennas."
F.
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.
§ 206-94 General guidelines and requirements.
A.
Purpose; goals. The purpose of this article is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this article are to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 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; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and 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 Township of Saddle Brook's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. 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. 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.
C.
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 either within the jurisdiction of the governing authority or within 1/4 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.
D.
Aesthetics; lighting. The guidelines set forth in this § 260-94D shall govern the location of all towers and the installation of all antennas governed by this article; provided, however, that the Planning Board may grant variances to these requirements if it determines that the goals of this article are better served thereby and in accordance with the Municipal Land Use Law (MLUL).
(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.
(2)
At a tower site, 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)
Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
E.
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 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 recommended by the Planning Board as all approvals granted herein shall be unequivocally deemed conditional approvals subject to this provision.
F.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is maintained in compliance with standards contained in the BOCA Building 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, the Mayor and Council, in conjunction with the Township of Saddle Brook's 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.
G.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township of Saddle Brook irrespective of municipal and county jurisdictional boundaries.
H.
Not essential services. 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.
I.
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 Township of Saddle Brook have been obtained and shall file a copy of all required franchises with the Planning Board.
J.
Public notice. For purposes of this article, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 206-97F(2), in addition to any notice otherwise required by the Zoning Ordinance.
K.
Signs. No signs shall be allowed on an antenna or tower.
L.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 206-98.
M.
Multiple antenna/tower plan. The Township of Saddle Brook 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.
N.
Access roads. All access roads leading to the tower and antenna shall be paved with asphalt in accordance with the requirements of the Township. The access road shall include an area for sufficient parking and turnaround radius for at least one vehicle.
§ 206-95 Permitted uses.
B.
Specific permitted uses. The following uses are specifically permitted.
(1)
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any industrial or commercial zoning district; provided, however, that such tower shall be set back from any existing off-site residence a distance in conformance with Table 1 and further set back from any other tower in accordance with the requirements of Table 2.
(2)
Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other freestanding, nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure.
(3)
Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower and said existing tower is not a preexisting tower; provided, however, that such specific permitted use shall not include the placement of additional buildings or other supporting equipment used in connection with said antenna.
§ 206-96 Administrative approvals.
A.
General.
(1)
The Planning Board has exclusive jurisdiction pursuant to the MLUL and this article unless it is determined that the Board of Adjustment has jurisdiction pursuant to the provisions of the MLVC (use variance), at which point the provisions of this article shall apply to the Board of Adjustment.
(2)
Each applicant for administrative approval shall apply to the Planning Board or the Board of Adjustment, as indicated supra, providing the information set forth in § 206-97B and D of this article and a nonrefundable fee as established by resolution of the Planning Board to reimburse the Township of Saddle Brook for the costs of reviewing the application.
(4)
The Planning Board or the Board of Adjustment, as indicated supra, shall respond to each such application within the time parameter established pursuant to the MLUL after receiving an application deemed complete.
(5)
In connection with any such administrative approval, the Planning Board or the Board of Adjustment, as indicated supra, may, in order to encourage shared use, administratively waive any zoning district setback requirements in § 206-97E or separation distances between towers in § 206-97F by up to 50%.
(6)
In connection with any such administrative approval, the Planning Board or the Board of Adjustment, as indicated supra, may, in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
(7)
If site plan approval is denied, the applicant may appeal said denial in accordance with the provisions of the MLUL.
B.
Specific administratively approved uses. The following uses may be approved by the Planning Board after receipt of site plan approval:
(1)
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any business or commercial zoning district.
(2)
Locating antennas on existing structures or towers consistent with the terms of Subsections B(2)(a) and (b) below.
(a)
Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Planning Board as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units, provided:
(b)
Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Planning Board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board allows reconstruction as a monopole.
[2]
Height.
[a]
An existing tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower's existing height and not to exceed the requirements of Table 1, to accommodate the collocation of an additional antenna.
[b]
The height change referred to in Subsection B(2)(b)[2] [a] may only occur one time per communications tower.
[3]
On-site location.
(3)
Business or commercial districts.
(a)
Locating any tower in the business or commercial district upon proof that all MLUL variance and/or site plan criteria and municipal criteria have been satisfied. Included in the site plan review, the applicant shall present proofs that a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant. If the Planning Board concludes that the tower is in conformity with the goals set forth herein, and the requirements of § 206-94, the tower meets the setback requirements in § 206-97E and separation distances in § 206-97F; and the tower meets the following height and usage criteria:
(b)
In all cases above, the distance required shall be in conformance with Table 1.
(4)
Locating any alternative tower structure in a zoning district other than industrial or commercial that in the judgment of the Planning Board is in conformity with the goals set forth in § 206-94 of this article.
(5)
Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.
§ 206-97 Conditional use permits.
A.
General. The following provisions shall govern site plan approval and the issuance of conditional use permits:
(1)
If the tower or antenna is not a permitted use under § 206-95 of this article, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(2)
In granting a conditional use permit, the governing authority may impose conditions to the extent the governing authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(3)
Upon either filing, i.e., use permits or site plan approval, all proofs of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(4)
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the Planning Board to reimburse the Township of Saddle Brook for the costs of reviewing the application.
B.
Information required. Each applicant requesting a conditional use permit and/or site plan approval under this article shall submit the following information:
(1)
A site plan to scale of one inch equals 50 feet or one inch equals 100 feet clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 206-97F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this article.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 206-94C shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Specifications of fencing, proposed color and, if applicable, the method of camouflage and illumination.
(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 suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(11)
A description of the feasible location(s) of future towers or antennas within the Township of Saddle Brook, based upon existing physical, engineering, technological or geographical limitations, in the event the proposed tower is erected.
(12)
A noise study determining the ambient sound level associated with the proposed tower.
(13)
Any other information deemed by the governing authority to be necessary to assess compliance with the MLUL and this article.
C.
Factors considered in granting special use permits. The governing authority shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may grant a variance to any provision of this article if the statutory criteria has been satisfied:
(1)
Height of the proposed tower.
(2)
Proximity of the tower to residential structures and residential district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7)
Proposed ingress and egress.
D.
Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the governing authority that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located within the geographic area required to meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of 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 antennas on the existing towers or structures or the antennas on the existing towers or structures would cause interference with the applicant's proposed antennas.
(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 significant other limit factors that render existing towers and structures unsuitable.
(7)
The applicant shall have the affirmative obligation of proving that it has attempted to enter into a contract with the owners of the existing tower and structure:
(a)
This obligation shall include copies of all correspondence as to rates, cost of contributions, etc.
(b)
Copies of rejection of the offers propounded on the applicant by the owners of the existing structure and/or tower.
(c)
Written cost proposals indicating actual quoted figures required by the owner of the existing structures and/or tower.
(d)
A detailed cost analysis indicating the cost to the applicant to construct a new tower and/or structure.
(8)
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.
E.
Setbacks. The following setback requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the governing authority may reduce the standard setback requirements if the goals of this article would be better served thereby:
F.
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this article would be better served thereby, but in no case shall the separation distance exceed the requirements of Table 1.
(1)
Separation from off-site uses/designated areas. 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.
Table 1 | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Single-family or duplex residential units* | 200 feet or 300% of height of tower, whichever is greater |
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired | 200 feet or 300% height of tower**, whichever is greater |
Vacant unplatted residentially zoned lands*** | 100 feet of 100% of height of tower, whichever is greater |
Existing multifamily residential units greater than duplex units | 100 feet or 100% of height of tower, whichever is greater |
Nonresidentially zoned lands or nonresidential uses | None; only setbacks apply |
NOTES: |
|---|
*Includes modular homes and mobile homes used for living purposes. |
**Separation measured from base of tower to closest building setback line. |
***Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residential zoned land greater than duplex. |
(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 | ||||
|---|---|---|---|---|
Existing Towers | Lattice (feet) | Guyed (feet) | Monopole 75 feet in Height or Greater (feet) | Monopole less than 75 feet in Height (feet) |
Lattice | 5,000 | 5,000 | 1,500 | 750 |
Guyed | 5,000 | 5,000 | 1,500 | 750 |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet in height | 750 | 750 | 750 | 750 |
G.
Security fencing, Towers shall be enclosed by security fencing not less than eight feet in height and shall be slatted and equipped with an appropriate anticlimbing device; provided, however, that the Planning Board may grant a variance of such requirements as it deems appropriate.
H.
Landscaping. The following requirements shall govern the landscaping surrounding the towers for which a site plan and conditional use permit is required; provided, however, that the Planning Board may grant variance requirements if the goals of this article would be better served thereby.
(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 land forms 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.
§ 206-98 Buildings and other equipment storage.
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 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 150 square feet of gross floor area or 12 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(2)
If the equipment structure is located on the roof of the building, the area of the equipment structure and other equipment and structures shall not occupy more than 15% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(4)
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 the Township of Saddle Brook.
B.
Antennas, mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:
(1)
In residential districts, the equipment cabinet or structure may be located:
(a)
In a front or side yard, provided that the cabinet or structure is no greater than 12 feet in height or 150 square feet of gross floor area and the cabinet/structure is located a minimum of 10 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 12 feet and a planted height of at least six feet.
(b)
In a rear yard, provided that the cabinet or structure is no greater than 12 feet in height or 200 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of 12 feet and a planted height of at least 36 inches.
(2)
In commercial or industrial districts, the equipment cabinet or structure shall be no greater than 15 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of 12 feet and a planted height of at least six feet. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence 12 feet in height or an evergreen hedge with an ultimate height of 12 feet and a planted height of at least six feet.
C.
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.
§ 206-99 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Building Department notifying the owner of such abandonment. If such antenna or tower is not removed within said 90 days, the Township may order the removal of such antenna or tower at the owner's expense and lien the property for the costs associated therewith, inclusive of professional fees. 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.
§ 206-100 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.
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 206-99, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 206-97E and F. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approved. 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 § 206-99.
§ 206-101 Real property taxes.
The applicant shall pay any real estate taxes or payments in lieu of taxes required or contributed to as a result of a lease agreement between the applicant and the municipality. In addition, the applicant shall reimburse the municipality for its reasonable costs and expenses, including legal fees incurred by the municipality in connection with the negotiation of any lease agreement. With respect to antennas on municipal property, the applicant shall make lease payments payable to the Township of Saddle Brook. The Township of Saddle Brook may require a share of revenue from any entity subleasing space on an antenna or tower on municipal property.
§ 206-102 Site plan approval.
Upon formal application and prior approval by the Planning Board, the applicant must present a site plan to the Building Department of the municipality prepared by a certified architect/planner as authorized by N.J.A.C. 13:414.3 at least 30 days prior to the activation of the proposed antenna. All site plans are subject to approval of the Building Department and Borough Engineer of the municipality. Submitted drawings must depict the proposed antenna facilities, any improvements to be installed on the premises and the actual location of all equipment and improvements. Said drawings shall be accompanied by a complete and detailed inventory of all equipment, personal property, antenna facilities, variance requirements and a list of all property owners residing within 200 feet of the site of the new facility.
§ 206-103 Maintenance and aesthetics.
The antenna 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 of the municipality and consistent with the color of the building or to otherwise shield the antenna facilities from view.
A.
The applicant shall, at his own expense, maintain any equipment on or attached to the premises in a safe condition, in good repair and in a manner suitable to the municipality so as not to conflict with the use of or other leasing of the tower by the municipality. The applicant shall not interfere with the use of the tower, the owned premises, related facilities or other equipment of other applicants.
B.
The applicant shall have responsibility for the maintenance, repair and security of his equipment, personal property, antenna facilities and leasehold improvements and shall keep same in good repair and condition during the lease term.
C.
The applicant shall keep the premises free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference.
D.
In the event that the applicant undertakes painting, construction or other alterations on the tower, the applicant shall take reasonable measures, at the applicant's cost, to cover the applicant's equipment, personal property or antenna facilities and protect such from paint and debris fallout which may occur during the painting, construction or alteration process.
§ 206-104 Financial security provision.
A.
As used in this section, "municipality" shall mean the Township of Saddle Brook, Mayor and Council and the Planning Board of the Township of Saddle Brook; and "applicant" shall mean the applicant for an antenna and/or tower.
B.
Default and municipality's remedies.
(1)
It shall be a default if the applicant defaults in the payment or provision of rent or any other sums to the landowner or municipality when due and does not cure such default within 10 days; or if the applicant defaults in the performance of any other covenant or condition of the lease and does not cure such other default within 30 days after written notice from the landowner or municipality specifying the default complained of; or if the applicant abandons or vacates the premises; or if the applicant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if the applicant becomes insolvent or the municipality reasonably believes itself to be insecure.
(2)
In the event of a default, the landowner or municipality shall have the right, at its option, in addition to and not exclusive of any other remedy the fee owner may have by operation of law, without any further demand or notice, to reenter the premises and eject all persons therefrom, and either declare the lease at an end, in which event the applicant shall immediately remove the antenna facilities and pay the fee owner a sum of money equal to the total of the amount of the unpaid rent accrued through the date of termination; the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the applicant proves could be reasonably avoided (net of the costs of such reletting); and any other amount necessary to compensate the fee owner for all detriment proximately caused by the applicant's failure to perform its obligations under the lease; or without terminating the lease, relet the premises, or any part thereof, for the account of the applicant upon such terms and conditions as the fee owner may deem advisable and any moneys received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, and real estate commissions paid, and thereafter towards the payment of all sums due or to become due to the fee owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, the applicant shall pay the fee owner any deficiency monthly, notwithstanding that the fee owner may have received rent in excess of the rent stipulated in the lease in previous or subsequent months, and the fee owner may bring an action therefor as such monthly deficiency shall arise.
(3)
Upon termination of the lease for any reason, the applicant shall remove its equipment, personal property, antenna facilities and leasehold improvements from the premises caused by such equipment, normal wear and tear excepted, all at the applicant's sole cost and expense. Any such property or facilities which are not removed by the end of the lease term shall become the property of the municipality.
C.
Posting of bond. The applicant shall post with the municipality a bond in an amount equal to 120% of the amount required for the construction of said antenna. Said amount shall be available to the fee owner for removal of the antenna structure should circumstances deem this necessary.
D.
Insurance. During the term of the lease, the applicant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance:
(1)
Workmen's compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum limits of $100,000 for each accident.
(2)
Comprehensive commercial general liability insurance with minimum limits of $10,000,000 as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts and shall include coverage for products and completed operations liability; independent contractor's liability; and coverage for property damage from perils of explosion, collapse or damage to underground utilities commonly known as "XCU coverage."
(3)
Automobile liability insurance covering all owned, hired and nonowned vehicles in use by the applicant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state law with minimum limits of $2,000,000 as the combined single limit for each occurrence for bodily injury and property damage.
(4)
At the start of and during the period of any construction, builder's all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the antenna facilities. Upon completion of the installation of the antenna facilities, the applicant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the antenna facilities. The amount of insurance at all times shall be representative of the insurable value installed or constructed.
(5)
Business interruption insurance coverage in an amount sufficient to cover such loss of revenues for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the antenna facility which is damaged and caused the loss of revenue.
(6)
All policies other than those for workmen's compensation shall be written on an occurrence and not on a claims-made basis.
(7)
The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
E.
Named insureds. All policies, except for business interruption and workmen's compensation policies, shall name the fee owner and municipality and all associated, affiliated, allied and subsidiary entities of the municipalities, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear as additional insureds (herein referred to as the "additional insureds"). Each policy which is to be endorsed to add additional insureds hereunder shall contain cross-liability wording as follows:
"In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the same manner as if separate policies had been issued to each insured hereunder." |
F.
Evidence of insurance. Certificates of insurance for each insurance policy required to be obtained by the applicant in compliance with this section, along with written evidence of payment of required premiums, shall be filed and maintained with the municipality annually during the term of the lease. The applicant shall immediately advise the municipality of any claim or litigation that may result in liability to the municipality.
G.
Cancellation of policies of insurance. All insurance policies maintained pursuant to the lease shall contain the following endorsement:
"At least 60 days' prior written notice shall be given to the municipality by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in this paragraph of the lease." |
H.
Insurance companies. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business in the State of New Jersey or surplus line carriers on the State of New Jersey Insurance Commissioner's approved list of companies qualified to do business in the State of New Jersey. All insurance carriers and surplus line carriers shall be rated A+ or better by the A.M. Best Company.
I.
Deductibles. All insurance policies may be written with deductibles not to exceed $25,000 unless approved in advance by the municipality. The applicant agrees to indemnify and save harmless the municipality, the indemnities and additional insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by the lease.
J.
Contractors. The applicants shall require that each and every one of its contractors and their subcontractors who perform work on the premises carry, in full force and effect, workmen's compensation, comprehensive public liability and automobile liability insurance coverage of the type which the applicant is required to obtain under the terms of this section with appropriate limits of insurance.
K.
Review of limits. Once during each calendar year during the term of the lease, the municipality may review the insurance coverage to be carried by the applicant. If the municipality determines that higher limits of coverage are necessary to protect the interests of the municipality or the additional insureds, the applicant shall be so notified and shall obtain the additional limits of insurance at its sole cost and expense.
§ 206-105 Assignment/subletting.
The applicant may not assign the lease or sublet the premises without the prior written consent of the municipality. Any assignment or sublease shall require site plan review and will require an application before the Planning Board.
§ 206-106 Interference.
The applicant's use and operation of its facilities shall not interfere with the use and operation of other communication facilities on the roof which preexisted the applicant's facilities. If the applicant's facilities cause interference, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated in a reasonable time, the applicant shall immediately cease operating its facility until the interference has been eliminated. If the interference cannot be eliminated within 30 days, the municipality may terminate the lease. Should any interference be caused by the applicant's facilities, the Planning Board may require the applicant to appear before the Board for a rehearing, requiring the applicant to put on notice, once again, all property owners within 200 feet of the subject property. The burden shall be placed on the applicant to prove to the Board that no interference is occurring as a result of the applicant's facilities.
§ 206-107 Additional antennas/relocation.
Additional antennas from other providers may be placed on the building; and if necessary, the applicant's antennas may be relocated (at the new provider's expense) so as to accommodate additional antennas.
§ 206-108 Approvals; permit fee; compliance with 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. Annual permits shall be required at a cost of $1,000 annually. The applicant shall erect, maintain and operate its antenna facilities in accordance with site standards, statute, ordinances, rules and regulations now in effect or that may be issued hereafter by the Federal Communications Commission 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.
§ 206-109 Applicable laws.
The applicant shall, at its expense, comply with all present and future federal, state and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the antenna facilities and/or premises. The municipality agrees to reasonably cooperate with the applicant in obtaining, at the applicant's expense (including the municipality's reasonable attorney and administrative fees), any federal licenses and permits required for or substantially required by the applicant's use of the premises.