This article establishes general regulations and design standards
for the location of wireless telecommunications towers and antennas.
The goals of this article are:
A.
To avoid the incompatibility of towers and antennas with residential
uses by prohibiting the location and siting to towers and antennas
in the residential zones;
B.
As a first priority, to locate antennas and towers on public open
space or parkland;
C.
As a second priority, to locate antennas on existing towers, structures
and buildings rather than construct additional wireless telecommunications
towers;
D.
As a third priority, to locate towers in a nonresidential zone;
E.
To avoid potential damage to adjacent properties from tower failure
through proper engineering and careful siting of towers;
F.
To encourage the collocation of antennas where technically feasible
on any tower constructed under this article; and
G.
To prevent the construction, installation or placement of speculative
towers where there is no demonstrated need.
Whenever this article refers to any applicable law, rule, regulation
or standard, the most current law, rule, regulation or standard shall
govern.
ANSI.
Any exterior transmitting or receiving device mounted on
a tower building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies, radar signals, telecommunications signals or other
communications signals.
The diameter of a tree measured 4 1/2 feet above the
ground level of trees to be surveyed in the field. On sloped terrain,
such measurement shall be made on the downhill side. Diameter at point
of measurement may appear in this article as the abbreviation "DPM."
EIA.
For the purposes of this article, a report which shall evaluate
the existing conditions of the locations where the antenna, tower,
or equipment compound is proposed, the full impact of construction
on the existing conditions, terrestrial ecology, environmental setting
and cultural resources through the actions of grading, soil disturbance,
facility construction, site drainage, and other above- or below-ground
disturbances.
See "wireless telecommunications equipment compound."
The construction, reconstruction, structural alteration,
or installation of, proposed by the applicant including, but not limited
to, the antennas, equipment compound, tower and access drives and
roads.
The distance measured from the lowest finished grade of the
base of the tower or antenna to the highest point on the tower or
antenna, including the base pad and any antennas or equipment mounted
thereon.
Any FCC-licensed operation which provides commercial wireless
communications either for hire as a common carrier on a private basis
to subscribers and which include, without limitation, personal communication
services (PCS), cellular, specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR) and paging.
Property owned by the Borough of Riverdale.
Simulated trees, clock towers, bell steeples; light poles
and similar alternative-design mounting structures such as stealth
antennas or flush-mounted antennas that camouflage, conceal or minimize
the presence of antennas or towers.
TIA.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar wireless telecommunications purposes, including
self-supporting lattice towers or monopole towers. The term includes
the structure and its foundation, radio and television transmission
towers, microwave towers, cellular telephone towers, common-carrier
towers, alternative tower structures and the like.
A 1:100,000 scale depicting areas from which the tower, or
portions thereof, may be seen within a distance of eight miles from
the proposed structure in all directions.
A comprehensive report which shall assess the impacts of
the proposed personal wireless services facility on the existing landscape
an skyline.
A fenced-in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment and/or
towers.
Antennas and towers shall be located and land use permissibility
determined in accordance with the following prioritized locations:
A.
The first priority location shall be on public open space or parkland.
B.
The second priority location shall be on an existing tower, building or structure as enumerated in § 168-64 of this article, provided that the new installation does not increase the height by more than 10 feet or 10% of the building or structure, whichever is less.
C.
The third priority location shall be on land or structures in any
nonresidential zone.
A.
Notwithstanding anything in this Chapter 168 to the contrary, antennas are permitted as accessory uses and structures in all zone districts only if installed on a specific existing tower, structure or building and only if there is no suitable location on public open space or parkland.
A.
Antennas may be erected on an existing tower, building or structure only in accordance with § 168-64 of this article. A wireless telecommunications equipment compound may be constructed in support of such antennas or a new tower only consistent with the following requirements:
(1)
Antenna arrays shall not extend by more than 10 feet or 10% of the
overall height of any such building or structure, whichever is less.
(2)
A wireless telecommunications equipment compound consisting of no
more than 900 square feet in area for each PWS carrier shall be enclosed
within a solid wooden fence at least seven feet high and no more than
eight feet high as approved by the Borough Engineer, which shall include
a locking security gate. At the applicant's discretion, a chain link
fence may be installed immediately inside the solid wooden fence for
security purposes. For security reasons, the applicant may top the
fence with barbed wire. The height of the equipment building shall
not exceed 15 feet.
(3)
A wireless telecommunications equipment compound shall be situated
behind existing structures, building or terrain features which will
shield the equipment compound from public view.
(4)
When a location out of public view is not possible, a landscape buffer
or 20 feet in width shall be provided outside the fence around the
equipment compound to shield the facility from the public view. Landscaping
shall include native evergreen and deciduous trees of a minimum of
3 1/2 inches DPM at least eight feet high at the time of planting.
The number of trees shall be based on the equivalent of staggered
double rows at 15 feet on center.
B.
Antennas installed according to these provisions shall be suitable
finished and/or painted so as to minimize their visual impact on the
landscape. Depending on the placement of this equipment, a color should
be selected to be consistent with the color scheme of the building
or structure on which they are mounted in order to blend with their
surroundings. When this is not possible, color selection shall be
designed to minimize the visual impact of the antenna arrays. Applicant
shall install flush-mounted antennas, wherever practicable.
Antennas installed on public open space and parkland with the
approval of the Borough of Riverdale are exempt from the requirements
of this chapter.
Where an applicant demonstrates in accordance with the requirement of § 168-68C(1)(e) of this article that it is not technically feasible or where reasonable arrangements cannot be made with the owner to install antennas first on an existing tower, building or structure as enumerated in § 168-64 of this article or on public open space or parkland in accordance with this article, then antennas and towers shall in next priority be a permitted use in all nonresidential zone districts of the Borough.
A.
Height and setbacks. When an applicant proposing to construct a new tower demonstrates to the satisfaction of the reviewing agency that suitable locations to hold an antenna on an existing tower, building, or structure in accordance with the requirements of § 168-68C(1)(e) as enumerated in § 168-64 of this article either do not exist or are not available or where adequate and reasonable arrangements cannot be made with the owner of said structure to utilize the same, and when the applicant demonstrates that is it not technically feasible to install antennas on open space or parkland, then the applicant may propose a new tower on property in a nonresidential zone. The construction of any new tower shall be only in accordance with all zoning regulations of the zone in which the proposed structure is located and the following additional requirements:
|
Minimum setback of tower from any property line Distance
from:
|
The height of the tower
| |
|---|---|---|
|
Any existing residence
|
1,000 feet
| |
|
Another tower
|
5,280 feet
| |
|
Minimum setback for requirement compound
|
As required by applicable zoning regulations For accessory uses
and structures
| |
|
Maximum tower height
|
150 feet
|
B.
Visual compatibility. The applicant shall comply with the visual compatibility requirements in § 168-65 of this article and in addition, stealth designs shall be employed.
C.
Other requirements for towers.
(1)
Where new towers or replacements are proposed, the following shall
be submitted:
(a)
A report by a licensed professional engineer which in the case
of a tower shall include:
[1]
A detailed description of the proposed facility, tower, antennas,
equipment compound, structures and associated equipment including
height, design, features, access roads and power lines, if any.
[2]
Information which demonstrates compliance with the applicable
structural standards of EIS/TIA EIA RS222.
[3]
A description of the tower's capacity, including the number
and types of antennas it can accommodate. The report shall indicate
the power and frequency of all transmissions to be broadcasted from
the facility. In the case of an antenna mounted on an existing structure,
the report shall indicate the existing structure's suitability to
accept the antenna and the proposed method of affixing the antenna
to the structure; complete details and scaled drawings of all fixtures
and couplings, and the precise point of attachment shall be indicated.
Where a roof mount extends above the roof the applicant shall demonstrate
every effort has been made to conceal the mount within or behind existing
architectural features to limit visibility from public streets and
adjoining properties. Side mounts shall blend with the existing architecture
and, if over five square feet, shall be painted or shielded with material
consistent with the design features and materials of the building.
[4]
A map (1:100,000 scale) showing the extent of planned coverage
for the PWS within the Borough and the location and service of applicant-operated
facilities.
[5]
Plan and elevation drawings showing the proposed tower, antennas
and their associated equipment. The plan shall have a scale no smaller
than one inch equals 40 feet.
[6]
A topographic profile showing the proposed tower, antennas,
the equipment compound and all associated equipment. The topography
shall be drawn with a minimum of two-foot contour intervals.
(b)
The applicant shall submit an environmental impact statement
(EIS) which shall address a description of the slopes, wetlands, watercourses,
other environmental characteristics of the facility site, archeological
sites and any historically designated areas of the site, any impacts
to these, and a mitigation plan.
(c)
The applicant shall submit a visual environmental assessment
form (visual EAF) which shall include:
[1]
An inventory of scenic vistas and the visual impact of this
project on these and other areas of scenic quality such as, but not
limited to, ridge lines, ponds, lake fronts, brooks and streams, meadows,
farmland, public open space or parkland, archaeological sites, or
any listed or eligible historic sites on local, state, or federal
registers and similar designations.
[2]
A sight line representation shall be shown from any public road
within 300 feet and the closest facade of each building (viewpoint)
within 300 feet to the highest point (visible point) of the regulated
facility. Each sight line shall be depicted in profile, drawn at one
inch equals 40 feet. The profiles shall show existing intervening
trees and buildings.
[3]
A plan map of a circle of two miles' radius from the facility
site on which any visibility of the proposed tower from a public way
shall be indicated.
[4]
An architectural rendering of the view of the tower from adjoining
properties and roads.
[5]
The applicant shall submit photographs of:
[a]
Existing condition photographs in which each sight
line shall be illustrated by an eight-inch-by-ten-inch color photograph
of what can currently be seen from an public road within 300 feet,
and at a minimum of eight cardinal radials to the extent that access
as needed is granted by property owners.
[b]
Proposed after-condition photographs in which each
existing condition photograph shows the proposed facility superimposed
on it to scale.
[6]
Applicant shall provide a viewshed analysis also showing these
photograph locations.
(e)
A site selection report:
[1]
A site selection report shall inventory existing facilities, towers and antenna sites within a reasonable distance (at least two miles in all directions) from the proposed site outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed tower, facility or antenna cannot be accommodated on an existing tower, building or structure as enumerated in § 168-63C of this article due to one or more of the following reasons:
[a]
Written confirmation of the unwillingness of the
owner to entertain a facility modification or PWS proposal.
[b]
The applicant's proposed equipment would exceed
the structural capacity of existing and approved tower and facilities
considering existing and planned uses for the facilities.
[c]
The proposed equipment would cause radio frequency
interference, which cannot be reasonably prevented, with other existing
or planned equipment of the facility.
[d]
Existing or approved towers of facilities do not
have space on which applicant's proposed equipment can be placed so
it can function effectively and reasonably.
[e]
Other reasons which make it impracticable to place
the equipment proposed by the applicant on an existing approved tower
or facilities.
[2]
A statement containing a description of the siting criteria
and the process by which other possible sites were considered and
eliminated, including but not limited to: real estate search areas,
distances and bearings to other system sites, acceptable radio frequency
signal strength levels and/or microwave intercommunication path requirements.
The applicant shall support this statement with the submission of
a study comparing all potential host sites within an approximate two-mile
radius of the subject site (areas need not be considered). This study
should include a description of the surrounding sites, and a discussion
of the ability or inability to host a facility. Reasons for excluding
a site from consideration may include, without limitation:
[a]
The written confirmation of the unwillingness of
the owner to entertain a facility.
[b]
Topographic limitations of the site.
[c]
Adjacent impediments that would obstruct adequate
wireless transmissions.
[d]
Physical site constraints that would preclude the
construction of a facility.
[e]
Technical limitations of the proposed wireless
system.
[f]
A report on compliance with the latest version
of the ANSI standards and analyzed according to the requirements of
the FCC Bulletin O.E.T. 65 describing the impact on human health if
any, prepared by a radio frequency engineer. The report shall indicate
compliance with all applicable FCC regulations and guidelines.
[g]
A written irrevocable commitment to rent or lease
available space for collocation on the tower at fair market prices
and terms, without discrimination to other carriers.
[h]
The reviewing agency may require a balloon test
which shall be held by the applicant at least 14 days prior to the
public hearing with a notice to the public in a local newspaper of
general circulation of the location, time and date. Notice to the
public shall be by the applicant at least seven to 14 days in advance
of the first test date and shall list an alternative date and time
in case of poor visibility on the initial date. At the test, a three-foot-diameter
brightly colored balloon shall be raised to the height of the proposed
tower and shall remain in place as long as practical but not less
than four consecutive hours sometime between 9:00 a.m. and 5:00 p.m.
of the dates chosen.
[3]
Existing towers and facilities. Where a new PWS or antenna is proposed to be constructed or located on an existing tower or on the specific existing structures or buildings listed in § 168-64 of this article, the following shall be submitted and considered in addition to the requirements of § 168-65 and § 168-66C(1)(a)[3] of this article.
[a]
A description of the proposed antennas and associated
equipment.
[b]
A map (1:000,000 scale) showing the extent of planned
coverage for the PWS within the Borough and the location and service
of applicant-operated facilities.
[c]
Plan and elevation drawings at a scale of one inch
equals 40 feet showing the proposed antennas and their associated
equipment.
[d]
A report on compliance with the latest version
of the ANSI standard and analyzed according to the requirements of
the FCC Bulletin O.E.T. 65 describing the impact on human health,
if any, prepared by a radio frequency engineer. The report shall indicate
compliance with all applicable FCC regulations and guidelines.
[e]
A structural analysis of the existing tower with
the antennas and associated equipment prepared and signed by a licensed
engineer demonstrating compliance with EIS/TIA EIA RS222.
[f]
If the construction or placement constitutes an
expansion of a legally nonconforming facility or tower, identification
of other facilities or towers where the equipment or antenna could
be located and the reason this location is superior to other locations
is required.
A.
All site plan details required by Chapter 168 shall be provided and in addition shall include the site boundaries; proposed tower location; existing structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; uses, structures, and land use designations on the site and abutting parcels; and the setback distance between the proposed tower and the nearest residential unit, adjacent properties and other towers.
B.
In the case of an antenna mounted on an existing tower, structure or building listed in § 168-64 of this article, the proposed method of affixing the antenna to the structure or building, complete details and scaffold drawings of all fixtures and couplings and the precise point of all attachments shall be indicated.
C.
A landscape plan drawn to scale generally showing proposed landscaping
including species type, size, spacing, other landscape features, and
existing vegetation to be retained, removed or replaced shall be supplied,.
In the case of a tower; year-round evergreen screening to effectively
screen the tower base and equipment buildings and compound; screening
to minimize impact to the tower from nearby residential properties;
and screening to minimize impact on scenic views identified in the
visual EAF.
D.
An environmental impact statement shall be supplied.
E.
A report from a licensed professional engineer containing the following
items shall be supplied.
F.
A letter of commitment by the applicant to lease excess space on
the tower to other potential users at prevailing market rates and
conditions shall be supplied. The letter of commitment shall be recorded
prior to issuance of a building permit. The letter shall commit the
tower owner and successor in interest.
G.
Elevations of the proposed tower and compound accurately depicting
all proposed antennas, platforms, finished materials, and all other
accessory equipment shall be supplied.
H.
A copy of the lease or deed for the property shall be supplied.
A.
The owner or operator of a tower shall provide to the Borough Clerk
a report every two years from a licensed professional engineer certifying
the structural integrity of the tower or structure, together with
all antennas mounted thereon and whether they remain in use, and that
they meet applicable minimum safety requirements. Such report shall
also be provided whenever the antenna(s) is modified, and shall include
a detailed listing of all antennas and equipment so certified. Vendors
shall also be required to notify the Borough Clerk when the use of
such antennas and equipment is discontinued.
B.
Towers and antennas which are not in use for wireless telecommunications
purposes for a continuous period of six months are deemed to be abandoned
and shall be removed by the facility owner at its cost. This removal
shall occur within 90 days of the end of such six-month period. Upon
removal, the site shall be cleaned, restored, and vegetated to blend
with the existing surrounding vegetation at the time of approval.
The facility owner shall post a bond to cover the cost of tower removal
and site restoration prior to its removal. The amount of the bond
shall be calculated to account for cost escalations.
The applicant shall pay the site plan application fees as set
forth in this chapter.
