Union Beach City Zoning Code
§ 13-10.14
Regulating Personal Wireless Telecommunication Facilities and Equipment.
a.
Purpose and Goals. The purpose of this subsection is to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to protect the Borough of Union Beach from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Borough of Union Beach with its benefits to residents and businesses. The subsection expresses a preference that antennas be located on existing buildings and towers, preferably on municipal or other public property, and not on newly constructed telecommunications towers; and encourages collocation and site sharing of new and existing PWTFs.
b.
Development Standards.
1.
Height Standards. Where permitted, PWTFs may exceed the maximum building 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 and complies with the additional setback requirements contained in subsection 13-10.12b,2; PWTEFs are limited to 12 feet in height.
2.
Setback Standards. All PWTFs and PWTEFs shall be set back a distance equal to 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings. In order to fulfill this requirement, the placement of all telecommunication towers shall be subject to the minimum yard requirements of the applicable zoning district in which it is located, provided that the prevailing setback in the applicable zone be increased by one foot for every one foot of tower height which is in excess of the height permitted according to the applicable zone.
There shall be a minimum telecommunication tower setback of 500 feet from any residential zone district line, school and/or site listed on a historic register.
There shall be a minimum separation distance of 1,000 feet between telecommunication towers to minimize proliferation of telecommunication towers and to encourage shared usage.
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% of the roof area.
c.
Location Priority. If needed, in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Borough of Union Beach, PWTFs and PWTEFs shall be permitted as a conditional use at the following prioritized locations:
1.
The first priority location shall be on lands or structures owned by Borough of Union Beach.
2.
The second priority location shall be on lands or structures located in the M-1 Light Industrial Zone and M-2 Heavy Industrial Zone Districts.
3.
The third 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 10%; and
4.
The fourth priority location shall be such locations, excluding residential zones, as the applicant proves are essential to provide required service to the Borough of Union Beach.
d.
Conditional Use 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 13-10.12c, shall be deemed more acceptable than lower priority sites.
1.
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.
2.
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public ways. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
3.
PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.
e.
Site Design Standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this subsection:
1.
Collocation. Development Review Ordinance 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.
2.
Fencing and Other Safety Devices. PWTFs and PWTEFs shall be surrounded by a security feature, such as a fence. All telecommunications 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 board or the board of adjustment.
3.
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen and 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 10 feet in height at planting time and a solid fence eight feet in height.
4.
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 PWTF or PWTEF.
5.
Color. PWTFs shall be of a color appropriate to the telecommunications tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
6.
Activity and Access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for onsite maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the planning board or the board of adjustment.
7.
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.
8.
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 timing devices 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 specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
9.
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 telecommunications tower. Such telecommunications 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 for in emergency situations requiring the use of a backup generator.
11.
Radio Frequency Emissions. The FTA gives the FCC sole jurisdiction of 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) 222 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 PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
f.
Collocation Policy.
1.
The municipal engineer shall maintain an inventory of existing PWTF locations within or near the Borough of Union Beach.
2.
An applicant proposing a PWTF at a new location shall demonstrate that it has made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.
3.
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Borough of Union Beach inventory, any such facilities in the abutting towns which provide service to areas within the Borough of Union Beach, any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
4.
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 providers' service or engineering needs, and the reason why the subject site was 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 Borough of Union Beach at the time full service is provided by the applicant throughout the Borough of Union Beach.
(b)
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Borough of Union Beach.
(c)
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the Borough of Union Beach by the applicant and by other providers of wireless communication services within the Borough of Union Beach.
(d)
How the proposed location of the proposed PWTF relates to the objective of collocating the antennas 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 Borough of Union Beach.
5.
The planning board, or board of adjustment, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant and/or service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Borough of Union Beach's escrow provisions.
g.
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 PWTF 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 at the owner's expense. The cost of such removal shall not constitute solely a lien upon the land if it remains unsatisfied, but shall be borne by both the owner of the PWTF and the owner of the land as a personal and corporate liability, and shall also be listed as a lien against the land by the borough tax collector. 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 a 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.
h.
Nonconforming PWTFs. 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 therefor, but without otherwise complying with this subsection. A nonconforming PWTF shall be deemed partially damaged or destroyed if less than 50% of its components by volume or weight, whichever measure shall be more restrictive, need to be replaced or repaired. Otherwise it shall be deemed totally damaged and repair or restoration will require compliance with this subsection.
i.
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 to the planning board or board of adjustment for review and approval as part of the site plan submission:
1.
Documentation by a qualified expert regarding the capacity of any proposed PWTF for the number and type of antennas;
Documentation by a qualified expert that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas 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 of Union Beach, 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 telecommunications tower and indicating its view from at least five locations around and within one mile of the proposed PWTF where the PWTF will be more visible. Aerial photographs of the impact area shall also be submitted.