Tinton Falls City Zoning Code
§ 40-38
WIRELESS COMMUNICATION EQUIPMENT.
A.
Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless communication towers and antennas in order to protect the community from visual and other adverse impacts. This section is intended to meet the mandate of the Communication Act of 1996.
B.
Objectives. The objectives of this section are to:
1.
Protect residential areas and land uses from the potential adverse quality of life impacts of wireless communication towers and antennas;
2.
Encourage the location of wireless communication towers on municipal property or in nonresidential areas and along major transportation corridors;
3.
Minimize the total number of wireless communication towers throughout the community;
4.
Encourage the co-location of new antennas on existing wireless communication towers instead of construction of additional single-user towers;
5.
Encourage the location of wireless communication towers and antennas in areas where the adverse quality of life impact is minimized;
6.
Encourage the location of wireless communication towers and antennas in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging;
7.
Enhance the ability of the providers of wireless communication to provide such services to the community effectively, and efficiently;
C.
Use Requirements.
1.
Wireless communication equipment shall be a permitted principal or second principal (on a permitted accessory) use on a publicly owned, leased or otherwise controlled properties that can provide a 500-foot buffer between the wireless communication equipment and any adjacent or nearby residential property. Publicly owned lands include those lands owned, leased or otherwise controlled by the municipality, board of education, the county, the state, a public utility authority and other such public authorities.
2.
Wireless communication antennas installed on or within existing structures (and utilizing fully screened antennas installed on top of or exterior to existing structures) shall be a (permitted accessory) conditional use in the MFG and IOP Zones on properties which are developed for industrial uses and subject to the conditional use standards of this Chapter. Fully screened shall mean architectural treatment such as parapets, screening panels, faux cornice lines, etc. to fully screen the antennas.
3.
Wireless communication towers shall be a conditional use in the IOP and MFG Zones subject to the conditional use standards of this Chapter.
4.
The use of lattice or guyed towers for wireless communication towers shall be prohibited. Towers shall be of monopole design. Lattice towers shall be permitted only at the request of the Borough of Tinton Falls Police Department, Fire Department or Emergency Medical Service for the provision of additional communications equipment.
5.
No more than one wireless communication tower shall be located on any one property, regardless of zone or ownership.
D.
Bulk Standards. Wireless communication equipment shall meet the following bulk standards:
1.
Minimum lot size - two acres or the zone requirement, whichever is greater.
3.
Maximum height of tower — 150 feet.
4.
Maximum height of attached antenna on an existing structure — 10 feet above the roof of the building or structure to which attached.
5.
A wireless communication tower and equipment compound(s) shall be designed and constructed so as to accommodate the equipment of at least four wireless communication service providers, where feasible.
6.
One improved parking space shall be provided for maintenance vehicles. Said parking space shall be developed per Borough design standards.
7.
Driveway access to the wireless communication equipment shall be provided. Said driveway access shall be developer per Borough design standards. Due to the limited number and nature of site visits for this use, the driveway width may be reduced to one-and-two family standards and the driveway surface may be gravel, at approving boards' discretion.
8.
One wireless communication compound consisting of not more than 3,600 square feet may be erected in support of the enclosed wireless communication tower and co-location of additional carriers, provided that:
a.
The wireless communication compound shall be enclosed within a solid wood or composite wood product fence at least seven feet and no more than eight feet high, which shall include a locking security gate.
b.
The wireless communication compound shall be 500 feet from any residential zone line or residential property.
c.
The maximum height of any structure within a wireless communication equipment compound, with the exception of the tower, shall be 12 feet.
d.
(1)
The wireless communication compound shall be situated behind existing vegetation, tree cover, structures, buildings, or terrain features which will adequately shield the wireless communication(s) equipment compound from public view; or
(2)
When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the equipment compound fence to adequately shield the compound from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet in height at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
e.
In the case of installation of a wireless communication compound in an existing structure, the equipment cabinets shall be installed within or fully screened on top of the existing building when practical and shall not be permitted in an exterior compound. Any exterior equipment shall be located within an accessory structure subject to the accessory structure provisions of this Chapter.
E.
Conditional Use Standards; Locations. An applicant desiring to construct wireless communication tower or antennas as a conditional use where permitted must satisfy the following additional standards:
1.
Complete compliance with all zone and wireless communication (equipment) bulk standards. Any request for bulk variance relief for the development of wireless communication towers or antennas constitutes noncompliance with conditional use standards.
F.
Visual Compatibility Requirements.
1.
Wireless communication antennas on existing structures or buildings and wireless communication tower shall be designed, located and screened so as to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other means.
a.
Permitted tower designs include flag poles with internal mount antennas, monopoles with internal mount antennas color matched to surroundings, flush mounted antennas color matched to surroundings, cluster mounted antennas on armatures of less than eight feet color matched to surroundings, artificial trees, church steeples and clock towers with internal antennae mounts and other similar constructions.
b.
Permitted antenna designs on existing structures include flush mounted, pole mounted or sled mounted antennas that are fully screened by architectural treatments, such as parapets, screening panels, faux cornice lines, etc.
G.
Site Plan Application Requirements; Installation.
1.
All site plan details required by this Chapter.
2.
A report from a qualified expert certifying that the wireless communication tower comply with the latest structural and wind loading requirements as set forth in the International Building Code and the Electronic Industries Association (EIA) and for the Communication Industry Association (TIA), as it may include a description of the number and type of antennas it is designed to accommodate.
3.
A binding, irrevocable commitment by the applicant for itself and its successors and assigns in interest to lease additional space on the monopole to any other potential user at reasonable rates and conditions. The applicant's counsel shall simultaneously submit a written opinion that the applicant's commitment is enforceable by the Borough. The commitment shall be recorded prior to issuance of a building permit.
4.
A copy of the lease or deed for the property.
5.
A wireless communication report detailing:
6.
The need for wireless communication antennas at the specific location within the Borough.
7.
All existing and proposed wireless communication antennas or tower in the Borough, any such antennas or tower in the abutting towns within two miles of the proposed location that provide service to areas within the Borough, and any changes known to the applicant to be proposed within the following twelve-month period, including the discontinuance or relocation of existing antennas or tower.
8.
Evidence of all alternate designs that would not require the applicant to construct wireless communication antennas or tower at the proposed location.
9.
Evidence that the applicant has exercised its best efforts to locate its wireless communication antennas on existing towers, buildings or structures within the applicant's search area. Such evidence should consist of:
a.
There is no existing tower, building or structure within the applicant's search area.
b.
Existing towers, buildings and structures are not of sufficient height and cannot be made to be of sufficient height to meet the applicant's engineering requirements, or do not have sufficient structural strength to support the applicants proposed antennas and related equipment.
c.
The applicant's proposed antennas would cause interference with an antenna on the existing tower, building or structure, or an antenna on the existing tower, building or structure would not cause interference with the applicant's proposed antennas.
d.
There are other limiting factors that render existing towers, buildings and structures unsuitable.
e.
If a suitable location on an existing tower, building or other structure is found, but the applicant is unable to secure an agreement to locate its equipment on such tower, building or structure, the applicant shall provide written evidence of its attempt or attempts to so locate.
10.
A visual impact analysis of the proposed tower or antennas.
H.
Additional Standards.
1.
No signs shall be permitted except for emergency contact information, safety warnings, and safety instructions.
2.
No lighting is permitted except for tower lighting as required by Federal or State regulations or lighting that is interior to the communication equipment compound mounted at a height beneath the top of the compound fence.
3.
Wireless communication antennas and towers shall be maintained to assure their continued structural integrity.
4.
All wireless communication towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed for safety.
5.
Wireless communication compound and equipment shall be operated so as not to produce noise in excess of the limits set by Federal regulation, State regulation, or Borough ordinance.
6.
Every modification to a wireless communications tower or antennas shall be subject to site plan review and approval. A modification is an increase in the number or size of wireless communication antennas or an alteration in the placement of wireless communication antennas in such a manner as to increase their visibility in any way.
7.
Operators of wireless communication tower or antennas shall notify the Borough when the use of such tower or antennas and equipment is discontinued. Towers or antennas that are not in use for wireless communication purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.