West Caldwell City Zoning Code
§ 20-17.22
Commercial Communications Antennas.
[Ord. No. 1419 § 20; Ord. No. 1522 §§ 5-8; Ord. No. 1580 §§ XIV, XVI; Ord. No. 1745 § 5]
Pursuant to the Federal Telecommunications Act of 1996, commercial communications antennas shall be conditional uses in the M-2 Districts, and if mounted on existing high-tension electric towers, a conditional use in the M-1, M-2, B-3 and OS Districts, regulated so as to encourage the effective, efficient and unobtrusive provision of telecommunications services to the community, while minimizing visual and other adverse impacts of such uses and protecting public health, welfare and safety.
a.
Any such antenna shall conform with all provisions of Subsection 20-17.21, except when any such provisions are superseded by applicable provisions of this subsection.
b.
Such antenna may be mounted on the ground or on existing buildings or structures. In no event shall the height of such antenna, including the height of buildings or structures on which it may be mounted, exceed twice the maximum permitted height of a principal building in such district. Height limitations shall be measured pursuant to Subsection 20-17.21c and shall include any antenna structures supported by a tower or other antenna support. Roof-mounted antennas, including all related appurtenant structures, shall not cover more than 10% of the applicable roof area. Notwithstanding the provisions of this subsection, the height of commercial communications antenna mounted on existing high-tension electric towers shall be limited to the height of the tower at the time of passage of this ordinance, in which case the developer may be required to provide adequate proofs of said tower height.
c.
The developer shall provide a needs analysis containing documentary evidence demonstrating why there is a need for the proposed installation, construction, erection, movement, reconstruction or modification of any commercial communications antenna within the Township; why the proposed antenna design, location and height are necessary and appropriate; and why such needs cannot be satisfied outside of the Township.
d.
Notwithstanding any other provision of this chapter, a different existing principal use or structure on the same property shall not preclude the installation of a commercial communications antenna. Any such antenna shall be deemed a conditional accessory structure if a separate principal building or structure exists on the property or shall be deemed a conditional principal structure if no other principal building or structure exists on the property.
e.
No such antenna shall be lighted, except as may be required by state or federal law. Such antennas as are ground-mounted shall be enclosed within a locked security fence at least six feet in height, which shall be equipped with appropriate anti-climbing devices.
f.
The developer shall conclusively demonstrate that an alternative technology, not requiring the use of towers or structures, would be unsuitable and that, except for antenna mounted on electric high-tension towers, all reasonable efforts shall be employed to camouflage or otherwise conceal the presence of any such antenna, including, but not limited to, the use of man-made trees, clock or other ornamental towers, light poles and similar alternative-design mounting structures. In addition, the developer shall provide a visual environmental assessment, with particular emphasis on the visibility of the proposed antenna from key viewpoints.
g.
Such antenna, except for antenna mounted on existing high-tension electric towers, shall conform with location and setback requirements pursuant to Subsection 20-17.21g, except that the same shall be set back a distance at least equal to 120% of the height of the antenna from any property line and from all non-appurtenant buildings or structures. No such antenna, except for antenna mounted on existing high-tension electric towers shall be located on, or within 150 feet of, a residential property line.
h.
Ground-mounted accessory structures within the utility right-of-way and used to house equipment in support of operations related to such antenna mounted on existing high-tension electric towers shall be limited to a height of 10 feet and conform to the following requirements:
1.
Said accessory structures shall be enclosed within a locked security fence at least six feet high enclosing a maximum ground area of 1,000 square feet. Said security fence shall be set back from the property line a minimum of 35 feet.
2.
Notwithstanding the provisions of Subsection 20-17.21h, the wiring to or from said accessory structures and the antenna may be above ground provided that said wiring is a minimum of nine feet above the ground.
3.
Landscaping or other methods may be required by the Township agency to screen the accessory structure or fence from adjacent property or streets. Such landscaping or other methods used shall be maintained by the operator of the antenna to insure that accessory structure or fence is screened as originally required by the Township agency.
4.
Any and all outside lighting shall be designed to reflect downward away from the accessory structure and shall not cause glare of more than one-quarter-foot candle over adjoining properties or streets.
i.
One access road with turn-around and at least one parking space shall be provided for emergency and service access, using existing public or private roads to the maximum extent practicable.
j.
The Planning Board may subject its approval of the application on such conditions as it deems necessary to protect public health, welfare and safety, including, but not limited to, the following:
1.
The developer may be required to provide periodic competent documentation assuring that radio frequency emissions and electromagnetic radiation levels comply with all applicable state and federal regulations, and that the antenna operation does not interfere with radio and television reception or with the operation of any other consumer or medical device.
2.
The developer may be required to provide a demolition bond to the Township for the purpose of assuring the removal of any antenna which becomes obsolete due to advances in technology, remains unrepaired for an unreasonable period of time or ceases to be used for its intended purpose for six consecutive months. The developer shall provide annual written demolition cost estimates for the purpose of adjustments to such bond.
3.
The developer may be required to provide periodic reports from a licensed professional engineer certifying as to the condition of the antenna with respect to applicable structural safety standards, and the developer shall forthwith implement any recommendations for repairs, maintenance or reconstruction contained therein.