The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antenna to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) 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; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Township of Mahwah shall give due consideration to the Township of Mahwah's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas. (Ord. #1261, §1; Ord. #1316)
As used in this section, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE shall mean manmade trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA shall mean 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.
BACKHAUL NETWORK shall mean the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
FAA shall mean the Federal Aviation Administration.
FCC shall mean the Federal Communications Commission.
HEIGHT shall mean 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 shall mean any tower or antenna for which a building permit or conditional use 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 shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) 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. (Ord. #1261, §2; Ord. #1316)
a. New Towers and Antennas. All new towers or antennas in the Township of Mahwah shall be subject to these regulations, except as provided in subsection 24-17.3b. through d, inclusive.
b. Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70') 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 or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of subsections 24-17.4f. and g, absent any enlargement or structural modification or the addition of any structures.
d. AM Array. For purposes of implementing this section, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one
(1) AM broadcasting antenna, shall be considered one
(1) 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 right.
e. Satellite Dish Antennas. This section shall not govern any satellite dish antennas regulated under Township Code Section 10-6. (Ord. #1261, §3; Ord. #1316)
a. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses.
Notwithstanding any other Township Land Use Regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
b. 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.
c. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Administrative Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Mahwah or within three (3) miles of the border thereof, including specific information about the location, height, and design of each tower. The Administrative Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Mahwah, provided, however that the Administrative Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d. Aesthetics. Towers and antennas shall meet the following requirements:
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 obtrusiveness.
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 them into 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 unobtrusive as possible.
e. 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.
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 section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) 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.
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 standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Mahwah 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 thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
h. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
1. 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 of Mahwah have been obtained and shall file a copy of all required franchises with the Administrative Officer.
j. Public Notice. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection 24-17.6e, 2, Table 2, in addition to any notice otherwise required by the Zoning Ordinance.
l. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 2417.7.
m. Multiple Antenna/Tower Plan. The Township of Mahwah encourages and mandates the users of towers and antennas to collocate antennas. Applications for approval of collocation sites shall be given priority in the review process.
(Ord. #1261, §4; Ord. #1316)
a. General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.
b. Permitted Uses. The following uses are specifically permitted:
Antennas or towers located on property owned, leased, or otherwise controlled by the Township of Mahwah provided a license or lease authorizing such antenna or tower has been approved by the Township of Mahwah. However, the Township may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Municipality, and shall not be governed by this section.
(Ord. #1261, §5; Ord. #1316)
a. List of Conditional Uses. The following uses may be approved by the Approving Authority as conditional uses.
1. Antennas on existing structures or towers consistent with the terms of paragraphs a, 1(a) and (b) below.
(a) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure not located in a residential zone provided:
(1) The antenna does not extend more than the maximum building height for the zone wherein the structure is located as fixed by subsection 24-5.2a. without the subsection 24-5.2b. exceptions;
(2) The antenna complies with all applicable FCC and FAA regulations; and
(3) The antenna complies with all applicable building codes.
(b) Antennas on existing towers. An antenna may be attached to an existing tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one (1) 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:
(1) 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, unless the Administrative Officer allows reconstruction as a monopole.
(2) Height.
(i) An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
(ii) The height change referred to in paragraph a, 1(b), (2)(i) may only occur one (1) time per communication tower.
(iii) The additional height referred to in paragraph a, 1(b)(2)(i) shall not require an additional distance separation as set forth in subsection 24-17.6. The tower's premodification height shall be used to calculate such distance separations.
(3) Onsite location.
(i) A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved onsite within fifty (50') feet of its existing location.
(ii) After the tower is rebuilt to accommodate collocation, only one
(iii) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection 24-17.6e. The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection 24-17.6e.
2. New Towers.
(a) New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to Chapter XXIV of the Zoning Ordinance, applicants for a conditional use permit for a tower shall submit the following information:
(1) 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), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection 24-17.6e, 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 deemed by the Administrative Officer to be necessary to assess compliance with this section.
(2) Legal description of the entire tract and leased parcel (if applicable).
(3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(4) The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection 24-17.4c. 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), if known.
(5) A landscape plan showing specific landscape materials.
(6) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(7) A description of compliance with subsections 24-17.4c-g, j, 1. and m. and subsection 24-17.6d. and e. and all applicable Federal, State and local laws.
(8) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9) 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.
(10) 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.
(11) A description of the feasible location(s) of future towers or antennas within the Township of Mahwah based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(12) A visual study depicting where, within a three (3) mile radius any portion of the proposed tower could be seen.
(13) A statement of intent on whether excess space will be leased.
b. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to Chapter XXIV of the Zoning Ordinance, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit.
2. Proximity of the tower to residential structures and residential district boundaries;
3. Nature of uses on adjacent and nearby properties;
4. Surrounding topography;
5. Surrounding tree coverage and foliage;
6. Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7. Proposed ingress and egress; and
8. Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 24-17.6c. of this section.
9. Availability of proposed tower to other potential users.
c. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Commission 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 Planning 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 meeting one (1), some, or all of the following shall entitle the applicant to approval):
1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4. 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.
5. 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.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. 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 a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
d. Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:
1. Towers must be set back a distance equal to at least one hundred (100%) percent of the height of the tower from any adjoining lot line and all non-appurtenant buildings.
2. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
3. No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed under local ordinance.
4. The minimum tower setback from a residential zone district line and from any school and from any site designated on the Federal, State or Municipal historic register shall be five hundred (500') feet.
e. Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit 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 offsite uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
(b) Separation requirements for towers shall comply with the minimum standards established in Table 1.
