[§§ 429-203—429-213 adopted 12-6-2016 by Ord. No. 2016-08]
A.
The purpose of these regulations for the siting of wireless telecommunications
towers and antennas is to:
(1)
Protect residential areas and land uses from potential adverse
impacts of wireless telecommunications facilities;
(2)
Encourage the location of cellular facilities in appropriate
locations;
(3)
Minimize the total number of cellular facilities throughout
the Borough of Paramus;
(4)
Strongly encourage the collocation on approved wireless telecommunications
facilities as a primary option rather than construction of new or
additional single- use towers;
(5)
Encourage users of monopoles and antennas to locate them, to
the extent possible, in areas where the adverse impact on the residential
community is minimal, particularly to avoid adverse visual impacts
upon residential dwellings;
(6)
Encourage users of monopoles and antennas to locate and configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services
and emergency services to provide such services to the community quickly,
effectively and efficiently; and
(8)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
In furtherance of these goals, the Borough of Paramus shall give
due consideration to the recommendation of the Borough Master Plan,
Zoning Map, existing land uses and impact upon residential areas in
approving sites for the location of towers and antennas.
All new towers, antennas, Distributed Antenna Systems (DAS)
(also referred to as a microcell, booster or repeater antenna system)
and wireless telecommunications facilities in the Borough of Paramus
shall be subject to the regulations of this Article, except as otherwise
provided herein. The provisions of this Article shall not govern any
antenna that is owned and operated by a Federally licensed amateur
radio station operator or is used exclusively as a receive-only antenna
in accordance with Federal Communications Commission regulations.
In addition to all items required under Chapter 371 for Site Plan Review, all applications for the approval of wireless telecommunications towers or antennas shall also provide the following:
A.
A radio frequency report indicating the need for their facility at
the proposed location;
B.
Visual simulations of the proposal;
C.
If the application requests approval of a generator, it shall include
a noise report by a qualified noise expert; and
D.
An inventory of the applicant's existing towers or sites approved
for wireless telecommunications facilities that are either within
the jurisdiction of the Borough of Paramus or within three miles of
the proposed site within the State of New Jersey.
Nothing contained herein shall be deemed to supersede or modify
any provision of the Uniform Construction Code, Uniform Fire Safety
Act, Property Maintenance Code of the Borough of Paramus or any ordinances
of the Borough of Paramus relating to the public streets, parks or
public places or obstruction or encumbrances thereon.
For the purposes of this Article, the following terms shall
have the meaning indicated below:
A device used for communication by which electromagnetic
waves, digital signals, analog signals, radio frequencies, wireless
telecommunications signals or other communication signals are radiated
or received, excluding television reception or satellite receiving
dishes.
A structure support or other equipment used to mount antennas
as part of telecommunications facility.
These facilities include but are not limited to: buildings,
cabinets, other structures and facilities, generating and switching
stations, repeaters, antennas, transmitters, receivers and all other
buildings and structures linking the wireless network of RF signal
devices to conventional wired and other communications systems.
A structure containing equipment designed to be used as part
of a telecommunications facility.
An antenna structure consisting of a single pole.
An antenna affixed to an existing structure or rooftop that
does not require the construction of a new structure.
A wireless facility that is camouflaged or conceals the presence
of antennas. It is also called an "Alternative Tower Structure" and
may look like a tree, clock tower, light pole, flagpole or other alternative
design mounting structure.
All structure, including antennas, monopoles, towers, equipment
shelters or cabinets and equipment used for the transmission and reception
of wave frequencies for the purpose of any wireless communications.
An antenna structure consisting of a lattice structure or
frame.
An antenna that is less than three feet long and two inches
wide.
A type of antenna that is used specifically for the purpose
of providing wireless telecommunications services.
Rooftop Antennas shall be a permitted use in the Borough's nonresidential
districts. Wireless telecommunication facilities installed as a distributed
antenna system (DAS) (also referred to as a microcell, booster or
repeater antenna system) that are mounted on an existing building
as a permitted use shall comply with the following requirements which
shall apply to Antennas mounted on an existing structure:
A.
Antennas shall not be permitted in any residential zoning district;
B.
All Rooftop Antennas and Antenna Structures installed on buildings
within the Borough of Paramus shall have a stealth design, the purpose
of which is to reduce the likelihood of detection and have the least
visual impact from all street rights-of-way and adjacent properties
(this can be accomplished through the use of materials, colors or
design of the Antenna);
C.
All Rooftop Antennas and Antenna Structures that are attached to
a roof shall be sited near the center of the roof if the roof is flat,
or if the roof is pitched, a Rooftop Antenna and Antenna Structure
shall be integrated with elements of the roof design so as to minimize
visibility from the street, rights-of-way and adjacent properties.
All equipment related to the Rooftop Antenna and/or Antenna Structure
shall be set back from the building façade for a distance greater
than or equal to the total height of the equipment (excluding Whip
Antenna);
D.
All Rooftop Antennas and Antenna Structures shall be fully concealed
with architectural screening that matches the color, texture and quality
of the building, with the exception of Whip Antennas which may be
visible. If an Antenna or Distributed Antenna System (DAS) (also referred
to as a microcell, booster or repeater antenna system) 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;
E.
All architectural screening shall be constructed of materials that
match those used on the exterior of the building or with materials
of similar texture. In lieu of screening, Antennas and Antenna Structures
may be colored to match the exterior of the building or architecturally
designed to complement the details of the building if it can be demonstrated
that the Antennas and Antenna Structures alone would be less visually
distinct from the building than architectural screening that would
otherwise be required;
F.
Any ground equipment for Rooftop Antennas shall provide landscape
screening with materials that are capable of screening for the entire
calendar year. A minimum of one row of evergreen shrubs or trees capable
of forming a continuous hedge of at least six feet in height within
two years of installation shall be provided around all freestanding
Antennas or ground equipment;
G.
For Rooftop Antennas and ground equipment related thereto, the setback
distances in plain view shall be measured as a straight line from
the nearest part of the Rooftop Antenna or ground equipment related
thereto;
H.
All ground equipment for Rooftop Antennas shall have a minimum front,
side and rear setback requirement of twenty-five feet to any property
line, unless a greater setback requirement is provided for herein;
I.
No Rooftop Antennas or ground equipment related thereto shall be
located less than fifty feet to the nearest residential zoning district;
J.
No Rooftop Antennas or ground equipment related thereto shall be
located less than one hundred feet to the nearest residence in a residential
zoning district;
K.
The existing structure shall be at least fifty feet in height;
L.
The Antennas and the Antenna Structures shall be located at or near
the top of the existing structure;
M.
Notwithstanding the height limitations of the zoning district, the
height of such antenna and related antenna structure above the ground
shall not exceed the height of the existing structure above the ground
in the location of the antenna by more than 10 feet (excluding whip
antennas);
N.
Antennas shall not exceed one meter in diameter;
O.
There shall be no additional parking requirement due to a Telecommunications
Facility;
P.
There shall be no advertising of any kind, including but not limited
to signage, on a Telecommunications Facility; and
Q.
There shall be no external lighting on a cellular facility other
than that required by the FAA. If lighting is required, the lighting
alternatives and design chosen must cause the least disturbance to
the surrounding views.
Monopoles shall be a permitted use in M-U Zone. In addition to the general requirements for Antennas contained in § 429-209 above, the following additional requirements shall apply to freestanding Antennas:
A.
Any new Monopoles shall be designed to use the most current stealth
technology existing at the time of the submission of the application
and shall be designed to reduce visual obtrusiveness;
B.
No lattice-style Tower shall be permitted. Stealth Wireless Facility
design is required;
C.
No freestanding Tower or Antenna Structure shall exceed the height
necessary in order to fill the gap in service shown by radio frequency
experts and the report required under the checklist for Telecommunications
Facilities;
D.
Any Monopole shall be set back from the property line a distance
equal to or greater than the height of the tower and antenna;
E.
Any Antenna Structure, Equipment Shelter or Equipment Cabinet servicing
the Tower or Antenna shall conform to the setback requirements otherwise
applicable in the zone district or be set back at least twenty-five
feet from the property line, whichever is greater. Equipment and/or
Equipment Cabinets servicing telecommunications facilities shall be
designed and painted to reduce visual obtrusiveness;
F.
There shall be no additional parking requirement due to a Telecommunications
Facility;
G.
There shall be no advertising, including but not limited to signage,
on a Telecommunications Facility;
H.
There shall be no external lighting on a Telecommunications Facility
other than that required by the FAA;
I.
The applicant shall provide a letter of commitment, submitted prior
to any approval by the Board, to lease excess space on the Telecommunications
Facility to other telecommunications providers at reasonable rental
rates and on reasonable terms. The letter shall commit the owner of
the Telecommunication Facility and successors in interest. If the
applicant provides proof that collocation would require additional
antenna height that would create a visual detriment, then the reviewing
board may waive the requirement of collocation;
J.
Monopoles shall be enclosed by security fencing not less than six
feet in height and not more than eight feet in height and shall be
equipped with an appropriate anti-climbing device; provided, however,
that the reviewing board may waive such requirements as it deems appropriate;
K.
Landscaping.
(1)
Monopole Telecommunications Facilities shall be landscaped with
a buffer of plant materials that schools or effectively screens the
view of the Tower compound from property used for residences or from
public parks; and
(2)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. The reviewing board
may waive this requirement if the goals of this Article would be better
served thereby.
L.
Any new Monopole shall be located at a minimum distance from a residential
zone of at least two times the proposed height of the Monopole. A
one hundred foot Monopole should therefore be required to be at least
two hundred feet from the border of a residential zone;
M.
All proposed Antennas, any proposed new Monopole Telecommunications
Facility and any proposed Equipment Shelter or Cabinet enclosing related
electronic equipment must blend in with the surrounding area as far
as practicable; and
N.
Monopole Equipment Shelter or Cabinet facilities in the M-U Zone
are subject to site plan approval of the Land Use Board.
A.
Any Telecommunications Facility that is not operated for a continuous
period of 12 months shall be considered abandoned, and the owner of
such Antenna or Tower shall remove the same within 90 days of receipt
of notice from the Borough of Paramus notifying the owner of such
abandonment; and
B.
The applicant shall provide a performance bond and other assurances
satisfactory to the Borough Attorney that will cause the Antennas,
the supporting Tower, the ancillary Equipment Shelter or Cabinet enclosing
related electronic equipment, and all other related improvements to
the land to be removed, at no cost to the Borough.
In granting approval for a Telecommunications Facility, the
Borough's Planning Board or Board of Adjustment may impose such conditions
to the extent that it concludes are necessary to minimize any adverse
effect of the proposed Tower upon adjoining properties.
If a cable microcell network is proposed, all cables, wires
and equipment shall be located so that they do not interfere with
the municipal fire alarm equipment and cable system. Applications
for cable microcell network systems must be reviewed and approved
by the Fire Department and the Borough Engineer as prior approvals
before issuance of required construction permits.
