Wanaque City Zoning Code
ARTICLE XV
Wireless Telecommunication Towers and Antennas
§ 114-94 Purpose and goals.
A.
The purpose of this article is to establish and set forth general conditions and guidelines for the placement of wireless telecommunication towers, antennas, and facilities within the Borough of Wanaque.
B.
The goals of this article are:
(1)
To protect residential areas and land uses from the adverse impacts of towers and antennas.
(2)
To the extent towers are proven necessary, to encourage and limit their location to Wanaque Borough owned facilities and locations.
(3)
To minimize the total number of towers and locations throughout the Borough.
(4)
To provide for the proper location and construction of new and existing tower sites and appurtenances to existing tower sites on municipal property, in the Borough of Wanaque, rather than construction of additional single-use towers.
(5)
To direct the users of towers to locate them on municipally owned property so as to limit the adverse effect upon the community.
(6)
To encourage the users of towers and antennas to construct and configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, placement, landscaping, screening and innovative camouflaging techniques.
(7)
To enhance the ability of providers of telecommunication services to provide such services to the community quickly, effectively and efficiently.
(8)
To consider the public health and safety of telecommunication towers and antennas.
C.
This article further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. 332(c)(7), which preserves local government authority to manage with respect to cellular and other wireless telecommunication services, to enforce zoning requirements and citing requirements to protect the public safety, private property, and community aesthetics.
D.
This article expressly recognizes that wireless telecommunication facilities are not inherently beneficial uses and that the facility situated on municipally owned property is best suited for the purposes of telecommunications.
§ 114-95 Definitions.
As used within this article, the following terms shall have the following corresponding meanings:
Structures such as clock towers, bell towers, church steeples, water storage towers or tanks, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of the antennas and tower.
Any exterior transmitting or receiving apparatus mounted on any tower, building or structure utilized to send or receive electromagnetic signals, microwave signals, radio frequency signals, digital and/or analog signals, wireless telecommunication signals and/or any other telecommunication 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.
Wireless telecommunication antennas, towers, facilities, structures and related equipment that transmit and capture signals to and from wireless service providers and their customers.
Shared use of wireless telecommunications antennas, towers or other related telecommunications structures by multiple licensed and authorized wireless telecommunications service providers for various types of telecommunications technology and/or siting of antennas on a site owned or operated by a public utility or other public entity.
The Federal Aviation Administration.
The Federal Communications Commission.
The Mayor and Borough Council of the Borough of Wanaque.
A telecommunications tower that is supported, in whole or in part, by guy wires and ground anchors.
The distance, when referring to a tower or other such structure, measured from the lowest finished natural grade of the parcel at the tower base to the highest point on the tower or other structure, including the base pad, any antennas, as well as any structure on which the same are built, affixed and/or attached.
A communications tower consisting of a single pole constructed without guy wires or ground anchors.
Any tower or antenna for which a building permit or other 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, and including any tower or antenna that is presently a permitted use pursuant to § 114-98, on property owned, leased or otherwise controlled by the Borough of Wanaque.
Any person, office, board or entity required to review the wireless telecommunication and site plan application, including without limitation the Borough of Wanaque Planning Board/Zoning Board of Adjustment, Borough Clerk, Borough Construction Code Official, Borough of Wanaque Engineer and Borough of Wanaque governing body.
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 structure and any support thereof, such as an alternative tower structure, self-supporting lattice tower, guy tower or monopole tower, constructed either as self-supporting or in association with a building, for purposes of supporting one or more antennas.
Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging and similar services that exist or that may be developed in the future.
§ 114-96 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 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
D.
Satellite dish antennas. This article shall not govern any parabolic satellite antennas.
§ 114-97 General requirements.
The requirements set forth in this section shall govern the location and construction of all towers and the installation of all antennas governed by this article.
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Borough land development regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
B.
Inventory of existing sites. Each application for an antenna and/or tower shall provide to the approving authority an inventory of its existing towers and antennas, or sites approved for towers or antennas that are within the jurisdiction of the Borough of Wanaque or within three miles of the proposed tower site, whichever is more extensive, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approval or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Wanaque; provided, however, that the Zoning Officer is not, by sharing such information in any way, representing or warranting that such sites are available or suitable.
C.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Borough, 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 them into the natural setting and surrounding buildings and shall be located out of public view behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
(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.
D.
Lighting and signs.
(1)
Towers shall not be artificially lighted unless required by the FAA. It is the intent of the Borough that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(2)
Lighting and other forms of illumination are permitted only as required by state or federal regulations, where the Borough of Wanaque reviewing body may review the available lighting alternatives and approve the lighting design that would cause the least disturbance to the surrounding uses and views.
(3)
No signs shall be permitted except for one sign not exceeding two square feet, displaying owner contact information and warnings, equipment information and safety instructions.
E.
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 section shall bring such towers and antennas into compliance with such revised standards and regulations within six months 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 within 30 days shall mean that the Borough may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner’s expense or revocation of the certificate of occupancy.
F.
Building codes; safety standards. 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 or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Wanaque 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 towers and antennas into compliance with such codes and standards within 30 days shall mean that the Borough may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.
G.
Not essential or inherently beneficial uses. Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
H.
Public notice. For purposes of this article, any conditional use or variance request 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 § 114-70, Subsection E, Table 1,[1] in addition to any notice otherwise required by the Land Development Ordinance.
[1]
Editor's Note: So in original.
I.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with this article.
J.
Multiple antenna/tower plan. The Borough of Wanaque mandates the users of towers and antennas to collocate antennas where technically, practically and economically feasible on municipally owned property in the Borough of Wanaque. Applications for approval of collocation sites shall be given priority in the review process.
K.
Compliance with radiation emission standards. The applicant shall demonstrate that the proposed antenna and related structures and equipment comply with all applicable state and federal regulations of electromagnetic radiation levels. Thereafter, at least every two years after issuance of the initial certificate of occupancy, the applicant shall demonstrate that the antenna and related structures and equipment continue to comply with such applicable regulations.
L.
Regulatory compliance.
(1)
All towers and antennas must meet or exceed current state or federal government agency standards and regulations. If such standards and regulations are changed, then the owners of the communication towers and antennas governed by this article shall ensure such wireless telecommunication towers and antennas comply, within six months of the effective date, with the revised standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.
(2)
Tower owners shall provide documentation to the Borough of Wanaque officials showing that each telecommunications tower or antenna is in compliance with all federal requirements. Evidence of compliance must be submitted every 12 months.
(3)
The failure of any tower owner to comply with the provisions set forth above shall permit the Borough of Wanaque to take action permitted under this article and at law to compel compliance, as well as the declaration by the Borough of Wanaque that the tower shall be deemed abandoned as defined herein.
M.
Security. Telecommunications towers and antennas shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with appropriate anti-climbing devices, to prevent unauthorized access. However, the reviewing body may waive or permit variance for such requirements for alternative tower structures.
N.
Advertising. No advertising shall be permitted on any wireless telecommunication antenna or tower.
O.
Visual impact.
(1)
Subject to any applicable federal or state agency standards or as required by the Borough Planning Board/Zoning Board of Adjustment, towers shall either maintain a galvanized steel finish or be painted a neutral color to reduce visual obtrusiveness. Notwithstanding the same, the reviewing body considering any application for erection of a tower may require, at its reasonable discretion, that the tower be camouflaged or constructed of an alternative material, provided that the same does not interfere with the essential function of the tower.
(2)
At the tower site, the design of the building and related structures shall use materials, colors, textures, screening, camouflaging and landscaping that will harmonize the wireless telecommunications tower and related facilities to the natural build setting and environment.
(3)
The antenna and supporting electrical and mechanical equipment, if installed on a structure other than a tower, must be a neutral color that is identical or closely compatible to the supporting structure’s color to make the antenna and related equipment as visually unobtrusive as possible.
(4)
Towers clustered or collocated at the same cell site shall be of similar height and design.
(5)
Towers shall be the minimum height necessary to provide the service required and towers shall be freestanding where the visually unobtrusive effect is less than would be created by use of a guyed tower.
P.
Landscaping.
(1)
Landscaping shall be used to effectively screen the view of the tower compound from adjacent public ways, public property and residential property. The landscaping buffer shall be a landscaped strip of at least four feet in width and shall be properly maintained by the owner of the tower. The buffer zone shall consist of landscaping that can be expected to grow to form a continuous hedge at least five feet in height within two years of planting.
(2)
Trees and shrubbery in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guy wire should they be uprooted and shall not obscure visibility of the anchor from the transmission building or security facilities and maintenance.
(3)
Native vegetation around the cell site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed and vegetation to be replanted to replace that lost.
(4)
The reviewing body having jurisdiction over the project may allow use of an alternate detailed plan and specifications for landscape and screening, including planting, fences, walls, and other features designed to screen and buffer towers and accessory uses. The alternate plan shall achieve the above screening requirements, except as lesser requirements are desirable for adequate visibility for security purposes. In certain locations where the visual impact of the tower would be minimal, such as developed heavy industrial areas, the landscaping requirements may be reduced or waived by the reviewing body having jurisdiction over the project.
(5)
The above provisions may be waived by the appropriate body having jurisdiction over the project.
Q.
Principal, accessory and joint uses.
(1)
Accessory structures used in direct support of a tower shall be permitted; however, they may not be used for offices, vehicular storage or any other outdoor storage. Mobile or immobile equipment not used in direct support of a wireless telecommunication tower facility shall not be stored or parked on the cell site unless the equipment is related to contemporaneous repairs being made to the tower. In all zoning districts and in addition to other bulk requirements, any accessory structure shall be located not more than 25 feet from the base of any proposed tower.
(2)
Where permitted, wireless telecommunication antennas and towers within the meaning of this article shall be a principal use rather than accessory use. Notwithstanding the same, or any conflicting provision of any other Borough of Wanaque Code section or ordinance, towers may be located on sites containing another principal use in the same buildable area, provided that all of the other siting, setback, separation and general requirements of this article are met. Towers may occupy a parcel meeting the minimum lot size requirements for the zoning district in which they are located.
(3)
Joint use of a site is prohibited when a proposed or existing principal use includes the storage, distribution or sale of volatile, flammable, explosive or hazardous materials such as propane, gasoline, natural gas and dangerous chemicals.
R.
Municipal use of towers. The Borough of Wanaque shall be permitted reasonable use and access of any tower to be erected within the Borough for municipal purposes, including, without limitation, police, fire department/rescue squad and public works communications and other municipal government uses.
S.
Site plan approval required. Site plan approval by the appropriate Borough of Wanaque agency consistent with this article and the Borough’s Land Use Ordinance shall be required for all new wireless telecommunication facilities in the Borough.
T.
Planning Board/Zoning Board of Adjustment authority. This article shall in no way restrict or limit the powers or discretion of the Borough of Wanaque Planning/Zoning Board of Adjustment in reviewing site plan applications, otherwise granted under law.
U.
No wireless telecommunication antennas, towers, monopoles or appurtenances thereto shall exceed 130 feet in height.
[Added 4-19-2010 by Ord. No. 4-0-10]
§ 114-98 Permitted uses.
A.
General. The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit or variance application.
B.
Permitted uses. The following uses are specifically permitted:
(1)
Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Wanaque, provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Wanaque. However, the Borough may, as a condition of such lease or location, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality and shall, to the extent applicable, be subject to the bidding requirements of the Local Public Contract Law. The Borough, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from the application of this section.
(2)
Subject to any other applicable provision of this article, wireless telecommunication antennas or towers are permitted uses on property owned, leased, or otherwise controlled by the Borough of Wanaque, provided that a license or lease authorizing such wireless telecommunication antenna or tower has been approved by the governing body and reviewing body upon the filing of an application and hearing as required by this article or by applicable law.
(3)
Subject to any other provisions of this article, wireless telecommunication antennas or towers located on property owned, leased or otherwise controlled by the Lakeland Regional High School, or Wanaque Borough Schools, provided that a license authorizing such antenna or tower has been approved by the Borough of Wanaque. However, the Borough may, as a condition of such lease, or location, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality; and shall, to the extent applicable, be subject to the bidding requirements of the Local Public Contract Law. The Borough of Wanaque, in its absolute discretion, reserves the express right to deny use of the property aforesaid for antennas or towers.
[Added 9-14-2009 by Ord. No. 18-0-09]
§ 114-99 Prohibited uses.
Construction or installation of wireless telecommunication towers and antennas, and appurtenances, shall be prohibited within the Borough of Wanaque, except on Borough-owned, -leased, or other premises otherwise controlled by the Borough of Wanaque.
§ 114-100 Insurance required.
In furtherance of § 114-98 of this article, no wireless telecommunication license or lease shall be issued unless the licensee shall have first filed adequate proof that the following insurance requirements have been provided:
A.
The following language/wording must appear on the insurance certificate: “The certificate holder (Borough of Wanaque) is included as an additional insured as respects losses arising solely from the erection, installation, construction, and maintenance of the cell site in its broadest and most inclusive sense.”
B.
Ten days’ written notice of cancellation must be provided to the Borough of Wanaque.
C.
The terms of the policy, including coverage, shall be determined by the governing body and the reviewing body during the application process and shall be in effect prior to commencement of any work being undertaken concerning the application.
§ 114-101 Use on Borough-owned or -leased property.
In general, the following provisions shall govern the issuance of approvals for wireless telecommunication towers, antennas and related facilities on Borough property:
A.
The governing body of the Borough of Wanaque may approve the uses listed in this section as an incident to a lease or license duly approved by the Mayor and Council.
B.
Each applicant for administrative approval shall apply to the Zoning Officer of the Borough of Wanaque, providing the information required by this article.
C.
The Zoning Officer, in consultation, if necessary, with the Borough of Wanaque, shall review the application for completeness to determine if the proposed use complies with the requirements of this article. The matter shall thereafter be referred to the Borough of Wanaque Planning Board/Zoning Board of Adjustment for site plan review in accordance with the requirements of this article.
D.
In connection with any administrative approvals, the Mayor and Council, Planning/Zoning Board of Adjustment, may grant waivers from any of the provisions of this article on a showing by the applicant that the advantages of the waiver outweigh the detriment and that the waiver will not substantially impair the public good.
E.
Any body reviewing an application shall utilize the standards set forth in this article, together with other applicable Borough ordinances, in determining whether to permit the proposed installation.
F.
If the application is denied by the Planning Board, the applicant shall have a right to file an appeal in the Superior Court or apply for an approval as otherwise provided in this article.
G.
The applicant for the installation or construction of a wireless telecommunication tower or antenna will deposit with the Borough of Wanaque a nonrefundable application fee of $5,000 to cover administration costs that may be incurred in the review of the application. In the event that it is determined that the costs incurred by the Borough for legal or engineering review by its professional consultants and other consultants exceed the amount of the application fee, the application may be required to post an additional cash escrow as may be determined by the Borough and administered in a manner conforming to the requirements of the Borough Municipal Land Use Law.
§ 114-102 Required information for applications on property not owned, leased, utilized or controlled by Borough.
A.
Information required. In furtherance of any information required for an application pursuant to any provision of this article, as well as any applicable Borough zoning ordinance, the applicant shall submit the following information:
(1)
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 cell site and all properties within the applicable separation distances set forth in this article, 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/Zoning Board of Adjustment to be necessary to assess compliance with this article.
(2)
Legal description of the parent tract and leased parcel (if applicable) and a copy of the lease, if there is one.
(3)
The setback distance between the proposed tower and the nearest residential unit or residentially zoned property.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this article shall be shown on an updated site plan map. The applicant shall also identify the type of construction of all existing towers.
(5)
A description of compliance with the provisions of this article and all applicable federal, state, or local laws.
(6)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(7)
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.
(8)
A description of any feasible locations of future towers or antennas within the Borough of Wanaque based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
B.
In considering the granting of approval for towers, antennas, and related structures, the following, among additional factors, shall be considered without limitation in determining whether to issue an approval:
(1)
Height of the proposed tower.
(2)
Proximity of the tower to adjoining structure and residences or 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.
(8)
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures.
C.
No new cell towers shall be permitted on Borough-owned, -leased, or -controlled property unless the applicant demonstrates that there is no existing tower, structure, or alternate technology which does not require the use of towers or structures that can accommodate the applicant’s proposed antenna.
§ 114-103 Indemnification agreement.
No application pursuant to the provisions of the within article shall be reviewed unless the applicant first executed and filed an indemnification agreement with the Borough of Wanaque. In consideration of the authorization to construct and operate the cell site, the applicant shall forever agree to defend, protect, indemnify, and save harmless the Borough of Wanaque, its officers, agents and representatives from all damages, expenses, fees and costs, including attorney’s fees, that arise out of or which may arise out of, in its most inclusive and broadest sense, the erection, construction, installation, and/or maintenance of the cell site.
§ 114-104 Removal of antennas and towers.
Upon inspection by the reviewing body of the Borough of Wanaque, if a wireless telecommunication tower is determined not to comply with the code standards or to constitute a danger to persons or property, then, upon notice being provided to the owner of the tower and the owner of the property, if such owner is different, such owners shall have 30 days to bring such tower into compliance. In the event that such tower or antenna is not brought into compliance within 30 days, the Borough may provide notice to the owners requiring the tower or antenna to be removed. In the event that such tower or antenna is not removed within 30 days of receipt of such notice, the Borough may remove such tower or antenna and place a lien upon the property for the costs of removal. Delay by the Borough in taking action shall not in any way waive the Borough’s right to take action. The Borough may pursue all legal remedies available to it to ensure that communications towers and antennas not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed. The Borough may seek to have the tower or antenna removed regardless of the owners’ or operators’ intent to operate the tower or antenna and regardless of any permits, federal, state, or otherwise, which may have been granted.
§ 114-105 Abandoned towers.
A.
Any antenna or tower that is not operated for a continuous period of 180 consecutive days shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned antenna or tower and the owner of the property where the tower is located shall be under a duty to remove such tower or antenna. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Borough notifying the owners of such abandonment, the Borough may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The Borough may pursue all legal remedies available to it to ensure that abandoned communications towers and antennas are removed. Delay by the Borough in taking action shall not in any way waive the Borough’s right to take action. The Borough may seek to have the communications tower or antenna removed regardless of the owners’ or operators’ intent to operate the tower or antenna and regardless of any permits, federal, state, or otherwise, which may have been granted.
B.
If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if such tower or antenna were a new tower or antenna.
§ 114-106 Interpretation.
This article is read and construed in pari materia with all relevant Borough of Wanaque zoning codes and regulations.