Teterboro City Zoning Code
ARTICLE VIIA
Wireless Communications Towers and Antennas
§ 185-19.1 Purpose.
A.
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:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Require the location of towers in nonresidential zones;
(3)
Minimize the total number of towers throughout the community;
(4)
Require the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to 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)
Enable the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(8)
Consider the public health and safety of communication towers, as appropriate; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Teterboro shall give due consideration to the Borough of Teterboro's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 185-19.2 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
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 radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication 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.
When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communications purposes, including self-supporting lattice towers, guyed 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.
§ 185-19.3 Applicability.
B.
Amateur radio station operators/receive only antennas. This article shall not govern any tower or the installation of any antenna that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. Application for towers under this subsection shall be received and approved by the Planning Board.
C.
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 185-19.4F and G, absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.
D.
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, subject to the review of the Planning Board to ensure that the additional units do not violate any provisions in the Borough of Teterboro's Zoning Code.
§ 185-19.4 General requirements.
A.
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.
B.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development 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 lot. The minimum lot size for new towers and antennas is 7,500 square feet.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough Engineer an inventory of its existing towers, antennas or sites approved for the towers or antennas, as well as all sites where an application is pending, that are either within the jurisdiction of the Borough of Teterboro or within five miles of the border thereof, including specific information about the location, height and design of each tower. The Borough Engineer may share such information with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of the Borough of Teterboro; provided, however, that the Borough Engineer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness. Monopoles may include a design commonly referred to as a "monopole tree" to provide camouflaging.
(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 them into the natural setting and surrounding buildings.
(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.
E.
Lighting. Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least amount of disturbances to the surrounding views.
F.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within 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.
G.
Building codes; safety standard. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state, local and appropriate industry building codes. If, upon inspection, the Borough of Teterboro concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
H.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Teterboro irrespective of municipal and county jurisdictional boundaries.
I.
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 unless mandated by federal or state law.
J.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the Borough of Teterboro have been obtained and shall file a copy of all required franchises with the Borough Engineer.
K.
Public notice and hearing. 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 § 185-19.6B(5)(b), Table 2, in addition to any notice otherwise required by the Zoning Ordinance. A public hearing must be held before the Teterboro Planning Board for all conditional use requests under this article.
L.
Signs. No signs or advertisements shall be allowed on an antenna or tower.
M.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 185-19.7.
N.
Multiple antenna/tower plan. The Borough of Teterboro 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.
O.
Height. The maximum height of new towers shall be 130 feet in height.
§ 185-19.5 Permitted, conditional and prohibited uses.
A.
Conditional uses. The following are specifically permitted as conditional uses: a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna in the Light Industrial and Distribution Zone.
B.
Prohibited uses. The Low and Medium Density Residential Zones, Airport Facilities Zone and any area designated as a redevelopment area or zone for residential use or otherwise.
§ 185-19.6 Conditional use standards.
A.
General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:
(1)
If the tower or antenna is not a permitted use, a permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.
(2)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of the Municipal Land Use Act, except as modified in this section.
(3)
In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(4)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(5)
An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Borough Code.
B.
Towers.
(1)
Information required. In addition to any information required for applications for conditional use permits pursuant to the Municipal Land Use Act, applicants for a conditional use permit for a tower shall submit the following information:
(a)
A scaled site plan 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 § 185-19.6B(5), 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 Borough Engineer to be necessary to assess compliance with this article.
(b)
Legal description of the entire tract and leased parcel (if applicable)
(c)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 185-19.4C 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.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(i)
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.
(j)
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.
(k)
A description of the feasible location(s) of future towers or antennas within a two-mile radius surrounding the Borough of Teterboro based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l)
A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen.
(m)
A statement of intent on whether excess space will be leased.
(2)
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to the Borough Code, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
(a)
Height of the proposed tower;
(b)
Proximity of the tower to residential structures and residential district boundaries;
(c)
Nature of uses on adjacent and nearby properties;
(d)
Surrounding topography;
(e)
Surrounding tree coverage and foliage;
(f)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(g)
Proposed ingress and egress;
(h)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in § 185-19.6B(3) of this article;
(i)
Availability of proposed tower to other potential users.
(3)
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board 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. An applicant shall submit information requested by the Planning Board relating to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of the following:
(a)
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(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 other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as 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.
(4)
Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:
(a)
Towers must be set back a distance equal to at least 50% of the height of the tower from any adjoining lot line.
(b)
All accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer areas if adjacent to residential zones and as prescribed under local ordinance.
(5)
Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the array line 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.
[2]
Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1 | |
|---|---|
Off-Site Use/Designated Area | Separation Distance |
Residential, public parks, schools or house of worship | 200 feet or 300% height of tower, whichever is greater from lot line |
Vacant residentially zoned land | 200 feet or 300% height of tower whichever is greater from lot line |
Nonresidentially zoned lands or nonresidential uses | None, only zoning code setbacks apply |
(b)
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 - Types | ||||
Type | Lattice (feet) | Guyed (feet) | Monopole 75 feet in Height (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 | 1,500 | 1,500 | 1,500 | 750 |
Monopole less than 75 feet | 750 | 750 | 750 | 750 |
(6)
Security fencing. Towers shall be enclosed by security fencing not less than six feet nor more than eight feet in height and shall also be equipped with an appropriate anti-climbing device.
(7)
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a double staggered row of evergreens consisting of no less than a seven-foot-wide nor more than a ten-foot-wide buffer to screen views of the facility.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c)
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.
(8)
Access and parking. There must be a suitable ingress/egress to/from the tower facility and a minimum of two parking spaces.
(9)
Real estate values. The tower will not have a material adverse impact on real estate values of surrounding properties.
§ 185-19.7 Building or 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 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure 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 a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(3)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
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 front or side yards, provided the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches.
(2)
In a rear yard, provided the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
(3)
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 six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.
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 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
§ 185-19.8 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Teterboro notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the tower or antenna at the owner's expense. 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. The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough ordinances.
§ 185-19.9 Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas.
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 185-19.6B(4) and (5). The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 185-19.8.