§ 150-29.2. Wireless telecommunication towers and antennas., Article V. Supplementary Regulations, Chapter 150. Zoning, Part II. General Legislation, Code of Ordinances, Upper Saddle River

Purpose.

(1)

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas.

(2)

The goals of this section are to:

(a)

Protect residential areas and land uses from potential adverse impacts of towers and antennas.

(b)

Encourage the location of towers in nonresidential areas.

(c)

Minimize the total number of towers throughout the community.

(d)

Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

(e)

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(f)

Encourage users of towers and antennas to 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.

(g)

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(h)

Consider the public health and safety of communication towers.

(i)

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(3)

In furtherance of these goals, the Borough of Upper Saddle River shall give due consideration to the Borough of Upper Saddle River's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas approving sites for the location of towers and antennas.

Definitions. As used in this section, the following terms shall have the meanings set forth below:

ALTERNATIVE TOWER STRUCTURE: 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.

ANTENNA: Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

APPROVING AUTHORITY: The Planning Board or the Zoning Board of Adjustment of the Borough of Upper Saddle River.

BACKHAUL NETWORK: 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.

FAA: The Federal Aviation Administration.

FCC: The Federal Communications Commission.

HEIGHT: When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS: Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed 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.

Applicability.

(1)

New towers and antennas. All new towers or antennas in the Borough of Upper Saddle River shall be subject to these regulations, except as provided in Subsection C(2) through (4), inclusive.

(2)

Amateur radio station operators/receive-only antennas. This section shall not govern the installation of any antenna owned and operated by an amateur radio operator and used exclusively for receive-only antenna and for private noncommercial purposes, which shall be regulated pursuant to § 150-24 of the Code of the Borough of Upper Saddle River.

(3)

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be recruited to meet the requirements of this section, other than the requirements of Subsections D(6) and (7), absent any enlargement or structural modification or the addition or any structures, including additional antennas.

(4)

AM array. For purposes of implementing this section, an array, consisting of one or more tower units and supporting ground system functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by rights.

General requirements.

(1)

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

[Amended 10-11-2000 by Ord. No. 12-00]

(2)

Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development 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 located on leased parcels within such lot.

(3)

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of all existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Borough of Upper Saddle River or within one mile of the border thereof, including specific information about the ownership, location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Upper Saddle River; 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.

(4)

Aesthetics. Towers and antennas shall meet the following requirements:

(a)

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 obtrusiveness.

(b)

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.

(c)

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.

(5)

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(6)

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 shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(7)

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 Upper Saddle River 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 such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(8)

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Upper Saddle River irrespective of municipal and county jurisdictional boundaries.

(9)

(Reserved)

Editor's Note: Former § 150-29.2D(9), Nonessential services, was deleted 10-11-2000 by Ord. No. 12-00.

(10)

Franchises. Owners and/or on operators or towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Upper Saddle River have been obtained and shall file a copy of all required franchises with the Zoning Administrator.

(11)

Public notice. For purposes of this section, any application required to be made to the Planning or Zoning Board shall require notice to be given pursuant to N.J.S.A. 40:55D-12.

[Amended 10-11-2000 by Ord. No. 12-00]

(12)

Signs. No signs shall be allowed on an antenna or tower, except for safety signs.

(13)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection H.

(14)

Multiple antenna/tower plan. The Borough of Upper Saddle River encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

Permitted uses. The following uses are specifically permitted:

[Amended 10-11-2000 by Ord. No. 12-00]

(1)

Antennas or towers located in the following zones within the Borough of Upper Saddle River: H-1, H-1R and IP Zoning Districts, consistent with the Criteria in Subsection G of this section.

(2)

Antennas on existing structures in the H-1, H-1R and IP Zoning Districts, which may be approved as an accessory use to a use permitted in such zones, provided that:

(a)

The antenna does not extend more than the maximum building height for the zone wherein the structure is located and under the Borough's current height ordinance;

(b)

The antenna complies with all applicable FCC and FAA regulations; and

(c)

The antenna complies with all applicable building codes.

(3)

Antennas on existing towers. An antenna which is attached to an existing tower in the H-1, H-1R and IP Zones may be approved by the Planning Board and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(a)

A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower.

(b)

Height.

[1]

An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this chapter.

[2]

The height change referred to in Subsection E(3)(a)[1] may only occur one time per communication tower.

[3]

The additional height referred to in Subsection E(3)(a)[1] shall not require an additional distance separation as set forth in Subsection G. The tower's premodification height shall be used to calculate such distance separations.

(c)

On-site location.

[1]

A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location.

[2]

After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

[3]

A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection G. The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection G.

(4)

Antennas or towers located on property owned, leased or otherwise controlled by the Borough of Upper Saddle River, provided that a license or lease authorizing such antenna or tower has been approved by the Borough of Upper Saddle River. Site plan approval shall not be required in connection with any such use.

[Added 12-11-2002 by Ord. No. 21-02]

(Reserved)

Editor's Note: Former § 150-29.2F, Conditional uses, was repealed 10-11-2000 by Ord. No. 12-00.

Site plan application required for towers and antennas.

(1)

Except as provided in § 150-29.2E(4) relating to antennas or towers located on property owned, leased or otherwise controlled by the Borough of Upper Saddle River, site plan approval shall be required for the construction of a tower or antenna. Site plan approval and other land use agency approvals shall not be required in connection with antennas or towers on Borough property.

[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]

(2)

An applicant seeking site plan approval for a tower or antenna shall submit the following information:

(a)

A scaled site plan clearly indicating the location, type and height of the proposed tower or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Table 1 of this subsection, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and antenna and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.

(b)

Legal description of the parent tract and leased parcel (if applicable).

(c)

The setback distance between the proposed tower and antenna and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

(d)

The separation distance from other towers/antennas described in the inventory of existing sites submitted pursuant to Subsection G(4) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s) and antenna, if known.

(e)

A landscape plan showing specific landscape materials.

(f)

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

(g)

A description of compliance with the requirements of this section and all applicable federal, state or local laws.

(h)

(Towers only.) A notarized statement by the applicant as to whether construction of a tower will accommodate collocation of additional antennas for future users.

(i)

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.

(j)

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.

(k)

A description of the feasible location(s) of future towers or antennas within the Borough of Upper Saddle River based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.

(l)

A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen. If the application concerns an antenna on an existing structure, sign measurements to the point closest to the structure wherein a person standing at grade could first observe the antenna shall be provided for all four building elevations.

(m)

A statement of intent on whether excess space will be leased and how much of the structure's basement or common internal area has been made available for the storage of equipment accessory to the antenna.

(3)

Criteria for granting site plan approval for towers. In addition to any standards for consideration of site plan applications pursuant to, if required, Chapter 126, Subdivision and Site Plan Review, and Chapter 150, Zoning, of the Borough Code, the approving authority shall consider the following factors in determining whether to grant site plan approval, provided that the approving authority may waive or reduce the requirements of one or more of the following criteria if the approving authority determines that the goals of this section are better served thereby:

(a)

Height of the proposed tower and antenna;

(b)

Proximity of the tower/antenna 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 or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g)

Proposed ingress and egress; and

(h)

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection G(4) of this section.

(4)

Availability of suitable existing towers, other structures or alternative technology. No new tower or antenna shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the 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 (although nothing should be construed to infer that meeting one, some or all of the following shall entitle the applicant to approval):

(a)

No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.

(b)

Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.

(c)

Existing towers or structures do not have sufficient structural strength to support the 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 there are other limiting factors that render existing towers and structures unsuitable.

(g)

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to any wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(5)

Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required; provided, however, that the approving authority may reduce the standard setback requirements if the goals of this section would be better served thereby:

(a)

Towers must be set back a distance equal to at least 75% of the height of the tower from any adjoining lot line.

(b)

Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(c)

No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.

(d)

Towers shall not exceed 150 feet in height.

[Amended 10-11-2000 by Ord. No. 12-00]

(6)

Separation. The following separation requirements shall apply to all towers and antennas for which site plan approval is required; provided, however, that the approving authority may reduce the standard separation requirements if the goals of this section would be better served thereby:

[Amended 10-11-2000 by Ord. No. 12-00]

(a)

Separation from off-site uses/designated areas.

[1]

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.

[2]

Separation requirements for towers shall comply with the minimum standards established in Table 1.

	TABLE 1
	Off-Site Use/Designated Area	Separation Distance
	Residential, schools or houses of worship*	200 feet or 300% height of tower, whichever is greater
	Vacant single-family 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
	Vacant unplatted residentially zoned lands**	200 feet or 300% height of tower, whichever is greater
	Nonresidentially zoned lands or nonresidential uses	None; only setbacks apply
	NOTES: * Including nursing homes and other similar uses wherein people are housed or receive care at least eight hours per day.
	** Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.

(b)

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2
	Lattice (linear feet)	Guyed (linear feet)	Monopole 50 feet in Height (linear feet)	Monopole Less Than 50 Feet in Height (linear feet)
Lattice	5,000	5,000	1,500	1,000
Guyed	5,000	5,000	1,500	1,000
Monopole 50 feet in height	1,500	1,500	1,500	1,000
Monopole less than 50 feet	1,000	1,000	1,000	1,000

(7)

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device.

(8)

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.

(a)

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 or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(b)

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

(c)

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.

Buildings or other equipment storage.

(1)

Antennas mounted on structures or rooftops. 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 360 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.

[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]

(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.

(c)

Equipment storage buildings or cabinets shall comply with all applicable building codes.

(2)

Antennas mounted on utility poles, light poles or towers. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(a)

In a front or side yard, provided that the cabinet or structure is not greater than six feet in height or 360 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.

[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]

(b)

In a rear yard, provided that the cabinet or structures no greater than eight feet in height or 360 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

[Amended 10-11-2000 by Ord. No. 12-00; 12-11-2002 by Ord. No. 21-02]

(c)

In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.

(d)

Emergency generators shall be located below grade and suitably soundproofed so that noise volume measured at all property lines do not exceed ambient levels. A nighttime restriction of 50 decibels measured at all lot lines shall be imposed.

(3)

Equipment storage in a structure's basement. Where an applicant proposes to store equipment, structures or cabinets required to operate an antenna within the confines of the structure wherein the antenna is to be located, the applicant need only make application for a building permit for this use, which shall be granted so long as in conformance with all construction codes. The applicant must indicate, to the approving authority, why this option is not available from a construction standpoint.

Removal of abandoned antennas and towers. Any antenna or tower 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 Upper Saddle River notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to construct, demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost (as determined by the approving authority) of such removal, grading and restoration to a state required under all applicable Borough ordinances, including but not limited to the Borough Property Maintenance Code.

Editor's Note: See Ch. 102, Property Maintenance.

Existing towers.

(1)

Rebuilding damaged or destroyed nonconformity towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain site plan approval and shall be required to meet the separation requirements specified in Subsection G, Table 1. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection I.

[Amended 10-11-2000 by Ord. No. 12-00]