Nonconforming uses or structures in all zone districts shall conform to the following requirements:

a. Any structure or use of land which is nonconforming because of use shall not be enlarged or extended in any manner whatsoever.

b. There shall be no structural alterations made to any nonconforming building or structure that is nonconforming because of use. Structural alterations may be made in a building which is nonconforming because it fails to comply with height, area, yard, offstreet parking or other like requirements of this chapter, so long as the structural alteration does not extend, enlarge or aggravate the nonconformance.

c. A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use, but nothing hereinbefore stated shall prevent the strengthening or restoring to a safe and lawful condition of any part of any building declared unsafe. by the Construction Official, the Borough Fire Official or the Borough Engineer.

d. In the event that there shall be a cessation of operation or occupancy of any nonconforming use for a period of twelve (12) consecutive calendar months, the same shall be presumed an abandonment of such nonconforming use. Any subsequent attempt to rely upon, exercise or reinstate such abandoned nonconforming use (the provisions of subsection 30-406.1 of this chapter notwithstanding) shall be presumptively deemed a violation of the terms of this chapter.

e. Nothing in this chapter shall require any change in plans, construction or designated use of a structure or building if construction has been started and diligently pursued at the time of the adoption of this chapter.

f. Nothing in this chapter shall be construed as authorization for an approval of the continuance of the use of a building, structure or premises in violation of any zoning ordinances, rules or regulations in effect immediately preceding the time of the effective date of this chapter.

g. Any nonconforming use that is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this chapter shall not be changed or altered to enlarge the nonconformance.

Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because of its use and which is partially destroyed by fire, explosion, act of God, any public enemy, or the like.

Nothing in this chapter shall prevent the restoration or continuance of a nonconforming building or structure which is nonconforming because it fails to comply with any height, area, yard, off-street parking or other like requirements of this chapter and which is partially destroyed by fire, explosion, act of God, any public enemy, or the like; provided, however, that any restoration of any such building or structure shall not extend, enlarge or aggravate the previously existing nonconformance.

a. Purpose.

1. 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:

(a) Provide guidelines which allow for the siting of cellular towers within the boundaries of the Borough of Roseland.

(b) Provide for the ever-expanding communications needs of the Borough of Roseland, its residents and the business community.

2. Within those goals the objectives of this section are to:

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

(b) Minimize the total number of towers throughout the community.

(c) Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.

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

(e) 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, and siting.

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

(g) Consider the public health and safety of communication towers.

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

b. Applicability.

1. Wireless telecommunication antennas.

2. Wireless telecommunication towers and equipment compounds.

c. Exemptions.

The following are exemptions from the provisions of this section:

1. 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 antennas and for private noncommercial purposes.

2. AM Array.

For purposes of implementing this section. an AM array consisting of one or more tower units and supporting ground system which 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 right.

3. Wireless Telecommunication antennas, equipment and towers not expressly permitted in this section are hereby prohibited.

4. Satellite antennas for television and the Internet.

d. General Requirements.

1. Principal or Accessory Use.

Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of a tower or antenna complies with 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 located on leased parcels within such lots. Towers that are constructed and antennas that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure (protection from expanding a nonconforming use or structure).

2. Not Essential Services.

Wireless telecommunication facilities, 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.

3. Multiple Antenna/Tower Plans.

The Borough of Roseland 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.

e. Reserved.

f. Wireless Telecommunication Antennas.

1. Wireless telecommunication antennas shall be a principally permitted use on all Borough-owned land, buildings or structures. Such antennas are exempt from the provisions of the conditional use requirements.

2. Wireless telecommunication antennas shall be permitted as a conditional use in all nonresidential zones, except the B-1 Zone.

3. Wireless telecommunication antennas located on an existing structure shall be subject to site plan approval.

4. Conditional Use Standards.

Wireless telecommunication antennas located as a conditional use shall meet the following:

(a) Demonstration of need for a wireless telecommunication antenna at the proposed location. Such evidence shall describe in detail: (i) the wireless telecommunication network layout and its coverage area requirements, and (ii) the need for new wireless telecommunication facilities at a specific location within the Borough.

(b) Report from a qualified expert certifying that the wireless telecommunication antenna and the building to which it is attached will comply with the structural and wind loading requirements as set forth in the BOCA Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standards, entitled

"Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

(c) Wireless telecommunication equipment may be installed in support of an antenna. Such equipment shall be contained either directly within the structure the antenna is mounted on or within another existing structure on site.

(d) Antennas may be located on any existing structure (e.g., building, silo, steeple) which is permitted in the zone. Such antennas shall not exceed ten (10) feet in height above the highest point of the structure or ten (10%) percent above the maximum height limit of the zone, whichever is greater. Such antennas shall be suitably finished and/or painted so as to minimize their visual impact on the area.

(e) The antenna must comply with applicable FCC and FAA regulations.

(f) The antenna must comply with the applicable building codes.

5. Location Priorities for New Antennas.

(a) The first priority shall be on an existing building or structure or land owned or leased by the Borough of Roseland.

(b) The second priority shall be on an existing building or structure owned by either a public or private utility within or near the Borough of Roseland..

(c) The third priority shall be those sites where wireless telecommunication antennas are permitted as a conditional use, subject to the conditional use standards.

g. Wireless Telecommunication Towers and Equipment Compounds.

1. Principal Permitted Use. Wireless telecommunication towers and equipment compounds are permitted on all property owned, leased or otherwise controlled by the Borough of Roseland, provided that a license or lease authorizing such tower has been approved by the Borough of Roseland. The Borough may, as a condition of such lease, require site plan approval.

2. Maximum Height.

(a) Only monopoles shall be permitted. Tower heights shall not exceed a maximum of one hundred (100) feet for towers designed for a single user, one hundred twenty (120) feet for two (2) users and one hundred forty (140) feet for three (3) or more users. Any antennas or lightening rods attached to the tower shall not exceed fifteen (15) feet beyond the top of the tower.

3. Wireless telecommunication towers shall be subject to site plan approval.

Carriers not approved with the original site plan approval shall be subject to additional site plan review prior to installation of additional antennas and equipment.

4. Setbacks.

On all property owned, leased or otherwise controlled by the Borough of Roseland, the tower shall have a minimum setback from any existing residence of one hundred (100) feet or at least one hundred (100%) percent of the tower height, whichever is greater.

5. To the extent possible, equipment compounds shall be shielded from public view. When a location out of public view is not possible, a landscape buffer of at least five (5) feet in depth shall be provided around the compound to shield it from public view. The equipment compound shall not exceed two thousand eight hundred (2,800) square feet. The equipment for all carriers at a site shall be contained within a single structure, which structure shall not exceed three hundred sixty (360) square feet of gross floor area, nor exceed ten (10) feet in height.

6. Equipment compounds shall be designed to accommodate the maximum number of carriers designed for the tower. Authorization for the construction for a new telecommunications tower shall be conditioned upon agreement by the tower owner that other telecommunication service providers will be permitted to co-locate on the proposed tower within the limits of the structural and engineering requirements and at rates which reflect the fair market price for such services.

7. Conditional Use Standards.

Wireless telecommunication towers and equipment compounds as a conditional use shall meet the following:

(a) Location.

Within the Conservation (C) Zone, subject to the conditional use standards set forth in this section.

(b) Demonstration of need for a wireless telecommunication tower at the proposed location. Such evidence shall describe in detail: (i) the wireless telecommunication network layout and its coverage area requirements, and (ii) the need for new wireless telecommunication facilities at a specific location within the Borough.

(c) Proof that the applicant has exercised its best efforts to locate the wireless telecommunication antennas on an existing building or structure, rather than on the proposed tower. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any of the following:

(1) No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.

(2) Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements.

(3) The provider's proposed antenna would cause electromagnetic interference with antennas on existing towers or structures or the antennas on the existing towers or structures would cause interference with the provider's proposed antenna.

(4) The fees, cost 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 patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.

(5) The provider demonstrates that there are other limiting factors that render existing towers or structures unsuitable.

(d) Setbacks.

(1) Wireless telecommunication towers and equipment compounds shall be located with the compound having a minimum setback from the property line as required for accessory buildings in the zone in which it is located.

(2) Wireless telecommunication towers and equipment compounds as a conditional use shall have a minimum setback from any property line of ten (10%) percent more than the height of the tower, but not less than one thousand (1,000) feet from any existing residence.

8. Location Priorities.

(a) The first priority shall be on lands owned or leased by the Borough of Roseland.

(b) The second priority shall be on lands within the Conservation (C) district.

h. Design Requirements.

1. Wireless telecommunication facilities should be located to minimize the number of facilities needed in the community, while insuring effective and efficient telecommunication services; to encourage the use of existing buildings and structures to the maximum extent possible; to minimize the visual impact through careful siting, design, landscaping, screening and innovative camouflaging techniques, to make the facility compatible with any neighboring residences and with the character of the community as a whole. Facilities should be placed to ensure that historic and architecturally significant areas, buildings and structures and significant views, landscapes and streetscapes are not visually impaired.

2. Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two (2) square feet in area. No commercial advertising shall be permitted on any wireless telecommunication facility. Other than typical "warning", "emergency" and equipment information signs, no signs shall be permitted.

3. No lighting is permitted except as follows:

(a) Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b) No lighting is permitted on a wireless telecommunications tower, except as may be required by government regulation.

4. Wireless telecommunication antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create visual nuisances.

5. Wireless telecommunication towers shall be of a color appropriate to the tower's location and to make it as unobtrusive a possible, unless otherwise required by government regulation.

6. Wireless telecommunications facilities shall be surrounded by a fence and/or other approved security features. All towers shall be designed with anticlimbing devices to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed and as approved by the applicable Board.

7. No equipment shall be operated so as to produce noise in excess of the limits of this section or any other applicable noise regulations, except for emergency situations requiring the use of a backup generator.

8. Wireless telecommunication towers and equipment compounds shall be appropriately landscaped in accordance with an approved landscaping plan that enhances the appearance of the project, as seen from the surrounding area and shall include a native evergreen and deciduous trees, providing an average buffer height of at least six (6) feet at the time of planting which shall be maintained permanently.

i. Aesthetics of Towers and Antennas.

1. Applicant must provide camouflaging as defined by the term "alternative tower structure" or provide documentation as to why camouflage is not feasible.

2. Towers shall maintain a galvanized steel finish, subject to any applicable standards of the FAA, and be painted a neutral color so as to reduce visual obtrusiveness. Color shall be selected to be consistent with the color scheme of surrounding buildings or structures.

3. 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 built environment.

j. Enforcement.

The provisions of this section will be enforced by the Borough Zoning Officer, and/or Borough Construction Officer.

(Ord. No. 16-2005)