Sussex, NJ Zoning Ordinance

[Ord. 05-2000, S2]

Personal wireless telecommunications facilities and equipment shall be permitted as conditional uses in designated districts in the borough, subject to compliance with the following standards:

Height Standards. The maximum height of all new PWTFs shall be 100 feet. PWTFs may exceed the maximum height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential collocation, when visually appropriate. PWTEFs are limited to 12 feet in height.

Setback Standard.

All PWTFs and PWTEFs shall be subject to the minimum yard requirements of the zoning district in which it is located, provided the minimum setback may be increased where necessary to address safety concerns.

If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25 percent of the roof area.

No PWTFs and PWTEFs shall be placed within 100 feet of a residential district, unless said structures are located on municipal property.

Location Priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communication service within the Sussex Borough community, PWTFs and PWTEFs shall be permitted as a conditional use at the following prioritized locations:

The first priority location shall be on lands and structures owned by the Borough of Sussex;

The second priority location shall be collocation on existing PWTFs (or existing water tanks) provided that the new installation does not increase the height by more than ten percent.

The third priority location shall be on lands and structures owned by the Sussex-Wantage Regional School District; and

The fourth priority location shall be on such locations the applicant proves are essential to provide required service to the Sussex Borough community.

Visual Impact Standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection 19-16.7c shall be deemed more acceptable than lower priority sites.

Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographical features and/or other structures to the maximum extent feasible.

PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and the vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.

Site Design Standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this subsection:

Collocation. Limitations on the number of structures on a lot shall not apply when PWTFs and PWTEFs are located on a lot with buildings or structures already on it.

Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by a security feature such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required as needed, and as approved by the planning/zoning board as may be necessary.

Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All PWTEFs shall be screened by an evergreen hedge eight to ten feet in height at planting time and/or a solid fence eight feet in height.

Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTFs and PWTEFs.

Color. PWTFs shall be of a color appropriate for the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Activity and access. All equipment shall be designed and automated to the greatest extent possible to reduce the need for on site maintenance and thereby minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimum off-street parking shall be permitted as needed and as approved by the planning board.

Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.

Lighting. No lighting is permitted except as follows:

(a)

PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on a timing device and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b)

No lighting is permitted on a PWTF except lighting that is specifically required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as to not project towards adjacent and nearby properties.

Monopole. Any proposed new telecommunications tower shall be a "monopole" unless the applicant can demonstrate that a different type of pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.

10.

Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except in emergency situations requiring a backup generator.

11.

Radio frequency emissions. The FTA gives the FCC sole jurisdiction in the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

12.

Structural integrity. PWTFs must be constructed to the Electronic Industries Association/ Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

13.

Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTFs shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

Collocation Policy.

The municipal engineer shall maintain an inventory of existing PWTF locations within or near the Sussex Borough community.

An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.

Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Sussex Borough community inventory, any such facilities in the abutting towns which provide service to areas within the Sussex Borough community, and changes proposed within the following 12 month period, including plans for new locations and discontinuance or relocation of existing facilities.

Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was not chosen. The analysis shall address the following issues:

(a)

How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Sussex Borough community at the time full service is provided by the applicant throughout the Sussex Borough community;

(b)

How the proposed location of the proposed PWTF relates to the location of any existing antennas within or near the Sussex Borough community;

(c)

How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within or near the Sussex Borough community by the applicant and by other providers of wireless communication services within the Sussex Borough community;

(d)

How its plan specifically relates to the objective of collocating the antenna of many different providers of wireless communication services on the same PWTF; and

(e)

How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Sussex Borough community.

The planning/zoning board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable costs associated with such consultation, which costs shall be deposited in accordance with relevant escrow provisions.

Removal of Abandoned PWTFs. Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTFs shall remove same within 90 days of notice from the zoning officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If the facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the zoning officer, upon good cause shown, the one year reuse period may be extended for a period not to exceed one additional year.

State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas shall bring such towers and antennas into compliance with such revised standards and regulations within 120 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this subsection, which do not comply with the requirement of this ordinance (Nonconforming PWTFs) are subject to the following provisions:

Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this subsection.

Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit but without otherwise complying with this subsection. If this destruction is greater than partial, then repair restoration shall require compliance with this subsection.

The owner of any nonconforming PWTFs may repair, rebuild and/or upgrade (but not expand such PWTFs or increase its height or reduce its setbacks), in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antenna or facilities, or to upgrade the facility to current engineering, technological or communications standards without having to conform to the provisions of this subsection.

Additional Site Plan Submission Requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted for review and approval as part of the site plan submission:

Documentation by a qualified expert regarding the capacity of any proposed PWTFs for the number and type of antenna;

Documentation by a qualified expert that any proposed PWTF will have sufficient structural integrity to support the proposed antenna and the anticipated future collocated antenna and that the structural standards developed for the antenna by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met.

A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and

A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.