[Added 11-13-1997 by Ord. No. 36-1997]
A.
The purpose of this article is to amend Chapter 95 of the Township Code of the Township of East Hanover delineated "Land Use and Zoning" to include the regulation of cellular communication towers and antennas located within the Township of East Hanover. The goal of this article is to establish general guidelines for the siting of cellular towers and antennas and to:
(1)
Restrict the location of towers to nonresidential
areas.
(2)
Minimize the total number of towers throughout
the Township.
(3)
Encourage strongly the joint use of new and
existing tower sites.
(4)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(5)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas.
(6)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(7)
Consider the public health and safety of communication
towers.
(8)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(9)
Encourage the use of existing structures for
antennas.
B.
In furtherance of these goals, the Township of East Hanover should give due consideration to the Township of East Hanover Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
As used in this article, the following terms
shall have the meanings indicated:
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 apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Satellite dishes shall not be included
within this definition.
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.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same tower or monopole.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from ground level to the highest point on the tower or other
structure, even if said highest point is an antenna.
Any tower or antenna for which a building permit or special
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 apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar electronic signals.
Any structure that is designated and constructed primarily
for the purpose of supporting one or more antennas, including self-supporting
lattice towers, guy 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.
Township of East Hanover, County of Morris, State of New
Jersey.
The governing authority of the Township of East Hanover.
B.
Amateur radio; radio; receive-only antennas. This
article shall not govern any tower or the installation of any antenna,
that is under seven feet in height and is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas.
C.
Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this article shall not be required to meet the requirements of this article, other than the requirements of § 95-92.4F and G. Any such towers or antennas shall be referred to in this article as "preexisting towers" or "preexisting antennas." This exception shall not apply to any expansion or intensification of said preexisting tower or antenna.
D.
Government agencies. Communication towers or antennas
owned, operated or used by the federal, state, county or municipal
governments shall be exempt from the requirements of this article.
E.
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 not be
considered one tower.
F.
One- and two-family dwellings. The provisions of this
article do not apply to antennas constructed on one- and two-family
dwellings.
A.
Principal or accessory use. Antennas and towers shall be considered principal unless subservient and clearly related to an existing principal use or structure, except as may be provided under § 95-92.8A.
B.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with local zoning 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 licensed parcels
within such lots.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide an inventory of its existing towers
that are either within the jurisdiction of the Township or within
0.25 mile of the border thereof, including specific information about
the location, height and design of each tower. The Township departments
may share such information with other applicants or organizations
seeking to locate antennas within the jurisdiction of the Township;
provided, however, that the Township departments are not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable.
D.
Aesthetics. The guidelines set forth in this Subsection D shall regulate the location of all towers and the installation of all antennas, governed by this article; provided, however, that the appropriate Township body may waive these requirements if it determines that the goals of this article are better served thereby.
(1)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color, so as to reduce visual obstrusiveness.
(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 the tower
facilities to 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 unobstrusive as possible.
E.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the appropriate Township body may review the available
lighting alternatives and approve the design that would cause the
least disturbance 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 six months of the
effective date of such standards and regulations, unless a more stringent
compliance schedule is mandated by the controlling governmental or
quasi-governmental agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall require
the removal of the tower or antenna at the owner's expense.
G.
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 national, state and local
standards for towers, as amended from time to time. If, upon inspection,
the appropriate Township official 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. If the owners fail to bring such tower into compliance
within said 30 days, the tower shall be removed 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 Township of East Hanover 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.
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 communication system in the Township
have been obtained and shall file a copy of all required franchises
with the Clerk of the Township of East Hanover who shall distribute
copies of same to the Township Construction Official and Township
Land Use Department.
K.
Signs. No signs or other nonessential accoutrements
shall be allowed on any antenna or tower with the exception of warning
signs or other signs required by federal, state or local law.
A.
Towers shall be permitted conditional uses in the following zones in the Township of East Hanover subject to specific conditions set forth in § 95-92.10 of this article:
B.
Towers shall not be permitted on state-owned property
located either in residential zones or contiguous to residential zones
located in the Township.
All applications for antennas or towers to be
placed on property owned, controlled or leased by the Township are
exempt from Planning Board of Adjustment review but are subject to
review and approval by the Township governing body which may require
a license or lease for such antenna and/or tower.
The following regulations and standards shall
apply to all antennas:
A.
Antennas on existing structures. Any antenna which
is not attached to a tower may be approved by the appropriate Township
board as an accessory use to any commercial, industrial, professional,
institutional or multi-family structure of eight or more dwelling
units, provided:
B.
Antennas on existing towers. An antenna to be attached
to an existing tower may be approved by the appropriate Township board
subject to the following conditions and other conditions cited in
this article and all other Township ordinances:
(1)
To minimize adverse visual impacts associated
with the proliferation and clustering of towers, colocation of antennas
by more than one carrier on existing towers shall be preferred over
the construction of new towers, provided such colocation is accomplished
in a manner consistent with the following:
(a)
A tower which is modified or reconstructed to
accommodate the colocation of an additional antenna shall be the same
tower type as the existing tower, unless the appropriate Township
board allows reconstruction as monopole.
A.
General. No person shall construct or erect, or cause
to be constructed or erected, a tower or antenna unless site plan
approval is obtained from the appropriate Township board. The following
provisions shall also apply:
(2)
In granting site approval, the appropriate Township
board may impose conditions to the extent such board concludes such
conditions are necessary to minimize any adverse effect of the proposed
tower on adjoining properties or the community at large.
(3)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(4)
An applicant for site plan approval shall submit
the information described in this section and a nonrefundable fee
as established by the governing Township body, or pursuant to existing
Township escrow fee regulations, to reimburse the Township for the
costs of reviewing the application.
B.
Information required for site plan approval for towers.
(1)
In addition to any information required for applications for site plan approval pursuant to § 95-36D of the Township's Land Use and Zoning Ordinance, applicants for site plan approval 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),
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 as required by this and
other Township ordinances to enable comprehensive review of the application.
(b)
Survey of the property, signed and sealed by
a surveyor licensed in the State of New Jersey, dated no earlier than
12 months prior to the date of the application.
(c)
The distance between the proposed tower and
the nearest residential unit.
(d)
The separation distance from other towers described
in inventory of existing sites submitted pursuant to this article
shall be shown on an updated site plan or map certified by a licensed
engineer or licensed land surveyor. The applicant shall also identify
the type of construction of the existing tower(s) and the owner/operator
of the existing tower(s).
(e)
A landscape plan showing specific landscape
materials and precise locations of proposed landscaping improvements
certified by a licensed engineer or certified landscape architect.
(f)
Method of fencing and finished color and, if
applicable, the method of camouflage and illumination.
(g)
A statement by the applicant as to whether construction
of the tower will accommodate colocation of additional antennas for
future users.
(h)
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.
(i)
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.
(j)
A description of the feasible location(s) of
future towers, or antennas which may be erected by the applicant,
within the Township based upon existing physical, engineering, technological
or geographical limitations in the event that the proposed tower is
erected.
(k)
Line of sight analysis detailing the view of
the proposed tower from various directions and angles from adjacent
residential areas. The analysis shall be utilized to determine buffer
requirements.
(2)
Factors considered in granting site plan approval for towers. In addition to any standards for consideration of site plan approval applications pursuant to Article VI, Chapter 95 of the Township Land Use and Zoning Ordinance, the appropriate Township board shall consider the following factors and make specific and separate written findings thereon in determining whether to issue site plan approval, although the appropriate Township board may waive or reduce the burden on the applicant of one or more of these criteria if the appropriate Township board concludes that the goals of this article are better served thereby:
(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 § 95-92.9B(3) of this article.
(3)
Availability of suitable towers or other structures
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the appropriate
Township board and said board makes specific and separate written
findings thereon that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna. An applicant
shall submit information requested by the appropriate Township board
related 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 any of the following:
(a)
No existing towers or structures are located
within the geographic area required to 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 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, are unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
An applicant shall satisfy specific conditions
enumerated below to obtain site plan approval for towers:
A.
Maximum tower height. The maximum height of any tower
shall not exceed 70 feet. For purposes of measurement, the maximum
tower height shall include any structures supported by the tower and
any antenna.
B.
Setbacks. The following setback requirements shall
apply to all towers for which site plan approval is required:
(1)
Towers must be set back a distance equal to
at least 125% of the height of the tower from any adjoining lot line,
provided that distance is no closer than the building setback applicable
to the zone.
(2)
Guys and accessory facilities must satisfy the
minimum zoning district setback requirements.
C.
Separation. The following separation requirements
shall apply to all towers and antennas for which site plan approval
is required:
(1)
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the
base of the tower 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.
(b)
Separation requirements for the towers shall
comply with the minimum standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-Site Use/Designated Line
|
Separation Distance Measured From the
Nearest Point of the Tower to the Structure of the Off-Site Use or
Designated Line
|
|
Single-family or duplex residential units
|
200 feet or 300% height of tower, whichever
is greater, measured to the residential unit
|
|
Vacant single-family or duplex residentially
zoned land which is either platted or has preliminary subdivision
plan approval which is not expired
|
200 feet or 300% height of tower, whichever
is greater, measured to the building setback line of the off-site
use
|
|
Vacant unplatted residentially zoned lands
|
100 feet or 125% of height of tower, whichever
is greater, measured to the property line
|
|
Existing multi-family residential units greater
than duplex units
|
100 feet or 125% of height of tower, whichever
is greater, measured to the property line
|
|
Nonresidentially zoned lands nonresidential
uses
|
Setbacks apply pursuant to § 95-92.10B
|
Applicants shall satisfy the design standards
enumerated below to obtain site plan approval for towers in addition
to other standards that may be required pursuant to the Township Land
Use and Zoning Ordinance, construction codes and/or other applicable
regulations:
A.
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall all be equipped
with an appropriate anti-climbing device; provided, however, that
the appropriate Township board may waive such requirements, as it
deems appropriate.
B.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which site plan approval is
required; provided, however, that the appropriate Township board may
waive such requirements if the goal of this article would be better
served thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall be consistent with the Township Land Use and Subdivision Ordinance, § 95-47A(6).
(2)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived.
(3)
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.
The equipment cabinet or structure used in association
with antennas shall comply with the following:
A.
The cabinet or structure shall not contain more than
200 square feet of gross floor area or be more than 12 feet in height.
In addition, for buildings and structures which are less than 65 feet
in height, the related unmanned equipment structure shall not be located
on the roof of the structure.
B.
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.
