Signs may be erected and maintained only when in compliance with the following conditions:
A. General regulations shall be as follows:
(1) Interference with vision and safety.
(a) Signs, other than municipal, county or state traffic direction signs, shall not be erected within the right-of-way of any street. nor shall any sign be located so as to be a traffic hazard.
(b) No sign of any type shall be permitted to obstruct driving vision, traffic signals, traffic direction and identification signs, adjacent properties, businesses or signs, or windows or buildings on which they are located.
(e) No sign shall project into a public way traversed by vehicles or pedestrians.
(2) Action by Building Inspector.
(a) A permit shall be secured from the Building Inspector for the erection, alteration or reconstruction of any signs, other than nameplates, identifications, sales or rental signs.
(b) Whenever a sign becomes structurally unsafe or endangers the safety of the public or the building to which it is affixed, the Building Inspector shall order such sign to be made safe or removed. Such order shall be complied with within ten (10) days thereof by the person, firm or corporation owning or using the sign or the owner of the building or premises on which the unsafe sign is affixed or erected.
(3) Temporary signs. All temporary signs erected for a special event such as an election or a sale, shall be removed by the property owner when the event shall have taken place. No permit is required for such temporary signs, provided that they do not exceed thirty-two (32) square feet and provided that all temporary signs, other than election signs, shall not remain in place more than four (4) weeks.
(4) Illuminated, flashing and animated signs.
(a) No sign with red, green, amber or blue in a flashing beam or beacon form shall be erected.
(b) All lighted signs shall be indirectly illuminated so that such light source is properly shielded from residences and streets.
(c) Signs using mechanical and/or electrical devices to display movement or the illusion of movement are prohibited in all districts, except that signs displaying the time and/or temperature shall be permitted.
B. Signs in residential districts. The following signs are permitted in residential districts.
(1) Nameplate and identification signs. A sign indicating the name and/or address of the occupants may be permitted, provided that the sign shall be no larger than two (2) square feet. A permitted home occupation may be included with the name of the occupant and occupation. Only one (1) sign per dwelling unit is permitted.
(2) Sales or rental signs. Signs advertising the sale or rental of the premises upon which they are located may be permitted, provided that:
(a) The size of any such sign is not in excess of eight (8) square feet.
(b) Not more than one (1) sign is placed upon any property.
(c) Such signs shall be promptly removed when premises are sold or rented.
(3) Institutional signs. Signs of schools, colleges, churches or other institutions of similar public or semipublic nature may be erected and maintained, provided that:
(a) The size of such sign is not in excess of twenty-five (25) square feet.
(b) Not more than one (1) such sign is placed on a property, unless such property front is upon more than one (1) street, in which event two (2) such signs may be erected, one (1) on each of two (2) frontages. In the event that the property has eight hundred (800) feet of frontage on one (1) road or has a number of entrances or exits, the Planning Board may authorize placement of additional signs.
(c) If illumination is permitted, lights must be placed so as not to shine directly or indirectly on neighboring properties.
(4) Retail businesses and services. The total gross advertising area of a sign for a retail business or service in a residential district shall not exceed ten percent (10%) of the area of the first story of the building frontage to which it is attached. Where signs are required for retail uses on floors, other than the first or street level floor, the total area of all signs displayed on such building frontage shall not exceed twenty percent (20%) of the area of the first floor building frontage. For buildings with more than one (1) retail use, each use shall be permitted no more than one (1) sign for each street frontage, and the maximum area of all signs on a building frontage shall not exceed twenty percent (20%) of the area of the first floor frontage.
C. Signs in special and industrial districts.
(1) Special districts.
(a) Retail businesses or services, hotels, motels and other commercial activities shall be permitted one (1) primary sign each, which shall be attached flat against a wall. The primary sign shall not exceed an area equivalent to ten percent (10%) of the area of the first story of the building frontage to which it is attached, but not to exceed two hundred (200) square feet for a hotel or motel or one hundred (100) square feet for other uses, whichever is smaller. Signs may be lighted.
(b) In addition to the signs otherwise permitted under this Article within the district in which a planned development is located, a planned development shall be permitted one (1) freestanding lighted sign which shall not exceed a height of ten (10) feet nor a width of six (6) feet. The precise location of the sign shall be approved by the Planning Board as part of the site plan approval process with due regard to issues of traffic safety and the need for proper identification of the planned development and the uses located therein. [Added 9-6-1995 by Ord. No. R-141]
(2) Industrial districts.
(a) Service stations may be permitted one (1) freestanding lighted sign and one (1) lighted sign attached flat against the building. The freestanding sign shall not be closer to any street than thirty (30) feet and shall not exceed a height of twenty-five (25) feet nor an area of forty-eight (48) square feet. The attached sign shall not exceed forty-eight (48) square feet in area or be higher than the height of the roofline.
(b) Each structure shall be permitted unlighted signs identifying tenants or owners. Total area of the signs shall not exceed ten percent (10%) of the area of the wall to which it is attached or two hundred (200) square feet, whichever is smaller. There shall be no more than three (3) separate signs on any one (1) wall.
D. Advertising signs. Advertising signs shall not be permitted in any zoning district in the City of Hoboken.
E. Permanent signs in Historic Subdistricts. [Added 3-20-1991 by Ord. No. P-136; amended 6-5-1991 by Ord. No. P-144]
(1) General provisions.
(a) All signage within an historic district or on a designated historic landmark shall conform to all city codes and shall require a certificate of appropriateness or of no effect. Any sign hereafter erected, displayed or repaired [more than fifty percent (50%) of replacement] within an historic district or on a landmark shall conform to the provisions of this section and any other ordinance or regulation of the City of Hoboken.
(b) All signage shall reflect the historic character of the area of the proposed sign placement and will respect the size, scale and mass of the facade, building height and rhythms and sizes of windows and door openings.
(2) Prohibited signs. Large mechanical portable signs shall not be permitted within historic districts or on historic landmark . Other signs which shall not be permitted are:
(a) Any sign placed upon a building, structure, object or site in any manner which disfigures, damages or conceals any window opening, door or significant architectural feature detail of any building.
(b) Any sign which is not directly identified or associated with a permitted use in a specific district or landmark.
(c) Any sign which is abandoned for more than six (6) months or damaged beyond fifty percent (50%) of its replacement value.
(d) Any attachment to an already affixed sign which does not meet the provisions of the City Code.
(e) Any roof-mounted signs, except in the case of landmark signs.
(3) Regulations.
(a) All signs shall comply with the following regulations:
[1] No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view.
[2] No sign other than official traffic signs shall be erected within or shall project over the lines of any street right-of-way unless specifically authorized.
[3] No sign shall be backlighted within the historic districts. No sign shall be lighted with flashing lights, No sign shall be lighted with lights that are disproportionately large in relation to the building facade. [Amended 10-2-1996 by Ord. No. R208]
[4] In addition to the other requirements of this section, every sign referred to in this section must be constructed of durable materials, must be kept in good condition and repair and shall not be allowed to become dilapidated.
(b) Hanging signs shall also comply with the following regulations:
[1] The maximum projection of hanging signs from the building surface shall not exceed four (4) feet. In no event shall any sign extend over the public right-of-way.
[2] The support of such signs shall be of materials in keeping with the historic character of the district.
[3] The size of such sign shall be in proportion to the building facade on which it is displayed, but in no event shall the size of the sign exceed eight (8) square feet.
[4] The face of the sign shall represent the name of the firm, store or establishment or represent the craft, guild or profession practiced therein.
[5] The minimum distance between the ground and the bottom of such signs shall be eight (8) feet.
[6] Hanging signs shall not be allowed in noncommercial areas.
(4) Signs for residential buildings permitted. The following signs are permitted:
(a) A nameplate sign situated within the property lines and bearing only the name and address of the principal occupants or home occupation/professional office, provided that the sign does not exceed twenty-four (24) square inches in total area.
(b) One "For Sale" or "For Rent" sign may be erected on the property to be sold or rented, except that on corner properties an additional sign may be erected on the side of the building. Signs shall not exceed four (4) square feet in area.
(5) Signs for mixed-use/commercial buildings permitted. Wall signs are permitted on each building wall that faces on a street, subject to the following limitations and requirements:
(a) The requirements of Subsection E(4)(a) and (b) above.
(b) Not more than one (1) wall sign shall be permitted for each business establishment or use located in the building except for corner buildings which will be allowed one (1) minor sign not to exceed six (6) square feet.
(c) No such sign shall extend farther than six (6) inches from the face of the building wall to which it is attached.
(d) The height of any sign shall not exceed three (3) feet or twenty percent (20%) of the height of the building wall to which it is attached, whichever is less.
(e) The total of the widths of all such signs may be equal to the building wall to which they are attached.
F. Banners, flags and/or pennants that promote the consumption of alcohol shall be prohibited. [Added 10-19-1994 by Ord. No. R-84]
A. Permitted in residential districts. Home occupations as defined in Article II shall be permitted as an accessory use in all residential districts subject to the limitations set forth in Subsection B.
B. Conditions for home occupations. A home occupation shall be subject to the limitations expressed in the definition in Article 11 and the following conditions:
(1) There shall not be conducted on the premises the business of selling stocks, supplies or products, incidental retail sales may be made in connection with other permitted home occupations.
(2) There must be no exterior storage on the premises of material or equipment used as part of the home occupation.
(3) No equipment or process shall be used in such home occupation which creates any glare, fumes, odors or other objectionable conditions (see definitions) detectable to the normal senses off the lot, if the occupation is conducted in a single-family dwelling, or outside the dwelling unit, if conducted in other than a single-family dwelling.
(4) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of the home occupation shall be met off the street and not in a required yard adjacent to a street.
(5) Under no circumstances shall any of the following be considered a home occupation: antique shop, barbershop, beauty parlor, wig styling, clinic, mortuary, nursing home, restaurant, veterinarians clinic or dancing studio.
A. The block frontage on which the proposed activity wishes to be situated contains at least two (2) other retail businesses as defined in Article IL
B. If located in a building of two (2) or more stories, the retail business or service Will, except as otherwise specified in this chapter, be located on the ground floor or basement of the building with a separate exterior entryway permitting access only to the retail area.
C. It will contain no more than one thousand (1,000) square feet of customer sales or service area.
[Amended 11-171989 by Ord. No. P-87]
A. As authorized herein, application can be made for general development plan approval for an area in excess of twenty-five (25) acres, in conformance with the procedures set forth in the land Use Procedures Ordinance, § 44-8G, and pursuant to N.J.S.A. 40:55D-39C. General development plan approval shall provide increased flexibility to promote mutual agreement between the applicant and the Planning Board on the basic scheme of a planned development. The general development plan may include any of the following elements, subject to the waiver of any element or portion thereof by the Planning Board(1) A general land use plan at a scale of one (1) inch equals two hundred (200) feet, indicating the tract area, the general locations of land uses, the estimated land area to be occupied by each use, the maximum permitted number of dwelling units, the maximum overall residential density, the proposed types of nonresidential uses, the maximum amount of nonresidential floor space and an overall nonresidential floor area ratio.
(2) A circulation plan showing the general location and types of transportation facilities, including a general plan for pedestrian access, within the planned development and a general description of proposed improvements to the existing transportation system outside of the planned development
(3) An open space plan showing the proposed land area and general location of parks and other land area to be set aside for conservation and recreation purposes and a general description of improvements to be made thereon, including a plan for the operation and- maintenance of parks and recreational lands.
(4) A utility plan indicating the need for and showing the proposed locations of sewage and waterlines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods of handling solid waste disposal, a plan for the operation and maintenance of proposed utilities and any proposed improvements to the existing transportation system outside of the planned development
(5) A stormwater management plan, setting forth the proposed method of controlling and managing stormwater on the site.
(6) An environmental inventory, including a general description of the vegetation, soils, topography, geology, surface hydrology, climate and cultural resources of the site, existing man-made structures or features and the probable impact of the development on the environmental attributes of the site.
(7) A community facility plan indicating the scope and type of supporting community facilities which may include but not be limited to education or cultural facilities, historic sites, libraries, hospitals, firehouses and police stations.
(8) A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to N.J.S.A. 52:27D-301 et seq. will be fulfilled by the development.
(9) A local service plan indicating those public services which the applicant proposes to provide and which may include but not be limited to water, sewer, cable and solid waste disposal.
(10) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the city or school district as a result of the completion of the planned development. The fiscal report shall also include a detailed projection of property tax revenues which will accrue to the city and school district according to the timing schedule related to the development and following the completion of the planned development in its entirety.
(11) A proposed timing schedule in the case of a planned development whose construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the development in its entirety.
(12) A municipal development agreement, which shall mean a written agreement between a municipality and a developer relating to the planned development.
B. In review of an application for general development plan approval, the Planning Board shall employ the criteria and requirements of § 196-27.1, Urban design review for planned development.
[Added 5-7-2003 by Ord. No. DR-91; 8-13-2003 by Ord. No. DR-105]
A. Purpose. The overall purpose of these ordinance provisions is to provide specific zoning conditions and standards for the location and operation of wireless telecommunications antennas and wireless telecommunications towers used for the transmission and reception of wave frequencies for the purposes of any wireless telecommunication (e.g., telephone, radio, paging and/or television communication within the City of Hoboken, which recognizes the need to safeguard the public good and preserve the intent and purposes of the City of Hoboken Master Plan and Zone Plan.
B. Overall objective. The overall objective of these ordinance provisions is to enable the location within the City of Hoboken of those antennas and towers which are necessary to provide adequate wireless communication services while, at the same time, limiting the number of supporting towers to the fewest possible and minimizing the impact of the antennas, accessory equipment, and supporting structures on residences, streetscapes, and view corridors throughout the municipality.
C. Specific goals.
(1) To encourage the location of antennas upon, or within, existing structures, including existing buildings, existing wireless communication towers, existing water towers, and existing telephone and electric towers, especially those existing structures situated in nonresidential districts;
(2)To encourage the configuration of telecommunication facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties streetscapes and vistas through careful design, siting, screening, landscaping, and innovative camouflaging techniques;
(3) To encourage the co-location of as many antennas as possible, of as many wireless telecommunication carriers as possible, on existing towers and other structures in nonresidential districts;
(4) To discourage the construction of new towers;
(5) To minimize the total number of wireless telecommunications towers and antennas within the City of Hoboken;
(6) To discourage adverse impacts on scenic corridors and historic sites and districts;
(7) To formulate and maintain, for land use planning purposes, a complete inventory of all wireless telecommunications antennas, towers, and related facilities within the City of Hoboken, and others in the vicinity of the City, which are capable of providing service within the municipality;
(8) To enhance the ability of the carriers of wireless communications services who adhere to the specific requirements and intent of these ordinance provisions to provide such services quickly, effectively, and efficiently; and
(9) To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property, and community aesthetics.
D. Overall comprehensive plan. In order to effectuate the purposes, objectives, and goals of these ordinance provisions as noted hereinabove, any applicant to the City of Hoboken for approval to erect a wireless communication antenna, in addition to all other information required by this section, shall provide threshold evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and for ancillary cabinets or structures enclosing related electronic equipment, has been planned to result in the fewest number of tower locations within the City of Hoboken and the least possible impact on designated scenic corridors and historic sites and districts.
The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the City of Hoboken and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the around the municipality.
More specifically, the overall comprehensive plan shall indicate the following:
(1) Proof that the applicant is a licensed provider of cellular telecommunications services by the Federal Communications Commission and that all requisite franchises including, but not limited to, franchises from other communications carriers, have been obtained for provision of such services;
(2) The mapped location and written description of all existing .antennas and existing and approved supporting structures within one (1) mile of the subject site;
(3) The mapped location and written description of all existing or approved tall structures such as water towers, smokestacks and existing telephone or electric towers within one (1) mile of the subject site;
(4) How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;
(5) How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the City of Hoboken by the applicant and by other providers of wireless communication services within the City of Hoboken;
(6) How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communication services within the City of Hoboken while, at the same time, limiting the number of supporting towers to the fewest possible through the use of co-location, through the use of alternate technologies which do not require the use of towers, or through the use of existing structures; and;
(7) How the proposed location of the proposed antenna(s) specifically relates to the objective of minimizing the impact of the antennas, accessory equipment, and supporting structures on residences, streetscapes, and view corridors throughout the municipality.
E. Location priorities. Based upon the overall comprehensive plan submitted by the applicant, hereinabove, if the City of Hoboken determines the proposed antenna(s) to be needed for closing significant gaps in wireless communication services within the City, utilizing the fewest number of towers as reasonably possible and locating on existing structures where reasonably possible:
(1) Wireless communication antennas shall be permitted as accessory uses on existing structures except for public school buildings and public school sports facilities, at the following prioritized locations: (note that were location is intended for a government or agency owned building, it is so stated below)
(a) The first priority location shall be co-location on an existing wireless telecommunication tower or other similar existing structure within the I1 or I-2 zoning district but not including the Northwest Redevelopment Area;
(b) The second priority location shall be an existing nonresidential building within the I-1 or I-2 zoning district but not including the Northwest Redevelopment Area;
(c) The third priority location shall be an existing building within the I-1 or I-2 zoning district (but not including the Northwest Redevelopment Area), owned by the municipality (whether directly or through its agencies) or any other governmental agency;
(d) The fourth priority location shall be an existing nonresidential building within the CBD zoning district, provided that the proposed building shall be no less than fifty (50) feet in height as measured to the top of the roof slab;
(e) The fifth priority location shall be an existing residential building within the CBD zoning district other than those previously listed, provided that the proposed building shall be no less than fifty (50) feet in height as measured to the top of the roof slab;
(f) The sixth priority location shall be an existing building in the CBD or R zoning districts or Northwest Redevelopment Area, owned by the municipality (whether directly or through its agencies) or any other governmental agency provided that the proposed building shall be no less than fifty (50) feet in height as measured to the top of the roof slab in the CBD zoning district and no less than forty (40) feet in height in the R zoning district or Northwest Redevelopment Area;.
(g) The seventh priority location shall be any existing nonresidential building within the R zoning districts or Northwest Redevelopment Area, provided that the building shall be no less than forty (40) feet in height as measured to the top of the roof slab; and
(h) The eighth priority location shall be any existing residential building within the R zoning districts or Northwest Redevelopment Area provided that the building shall be no less measured to the top of the roof slab.
(i) The ninth priority location shall be any existing building within the I-1(W) and W zoning districts including the South Waterfront Redevelopment Area, provided that the building shall be no less than eighty (80) feet in height as measured to the top of the roof slab.
(2) New wireless telecommunication towers along with the antennas and equipment facilities associated with such new towers shall be permitted as principal uses in the I-1 and I-2 industrial zoning districts, provided that:
(a) Co-location shall be required for no less than three (3) carriers and a letter of intent by the applicant to meet the co-location requirement shall be provided to the Planning Board; and
(b) All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.
(3) Any wireless communication antenna in the Historic District shall be subject to review by the Historic District Commission whose written recommendations shall be transmitted to the Planning Board prior to the Planning Board's hearing on the subject matter.
F. Separation distance requirements. The following separation distance requirements shall apply to new wireless telecommunication towers:
(1) Minimum distance from existing or proposed residential buildings five hundred (500) feet.
(2) Minimum distance from any historic district line or designated site (national or state register): five hundred (500) feet.
(3) Minimum distance between towers: one thousand five hundred (1,500) feet.
G. Area and setback requirements.
(1) Where a proposed antenna(s) will be attached to an existing building or an existing or approved tower or structure, no land area shall be required in addition to the land area upon which the existing structure is situated; or
(2) Where a new wireless telecommunication tower is proposed:
(a) No tower structure shall be permitted within twenty-five (25) feet of any street line, or any existing or proposed property line (this prohibition does not apply to ancillary equipment cabinets); and
(b) Setback areas adjacent to street lines and side lot lines shall be landscaped as required below (See subsection I(2)(e)).
H. Maximum height.
(1) For a proposed antenna:
(a) The maximum height of any proposed antenna extending above the roof slab of any existing building or existing structure shall be the minimum height necessary for the proposed installation to satisfactorily operate (See subsection I(1)(e) below); and
(b) The maximum height of any proposed rooftop antenna and/or equipment cabinet(s) shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing, provided that no equipment cabinet shall be located on the rooftop of any building less than sixty (60) feet in height.
(c) In no event shall any rooftop installation extend more than eight (8) feet above the roof slab.
(2) For a proposed wireless telecommunication tower: maximum height shall not exceed one hundred (100) feet.
I. Design criteria. All applications for wireless communication antennas shall adhere to the following design criteria:
(a) Microcell antenna(s) located on an existing building shall be surface-mounted on the building facade so as to blend in with the architectural features of the building.
(b) Antenna(s) and supporting electrical and mechanical equipment applied to the side of a building shall be of a neutral color that matches, as closely as possible, the background color of the facade on which it is mounted so as to make the antenna(s) and related equipment as visually unobtrusive as possible.
(c) Antenna(s) placed on a rooftop shall be set back as far as possible from the edge of the roof and clustered to the greatest extent possible around existing rooftop appurtenances.
(d) All cable and/or wiring that must run across the facade shall be located along architectural features that help to make such cables as visually unobtrusive as possible.
(e) All ancillary electronic and mechanical equipment shall be housed within an enclosed area inside the existing building (evidence must be presented to document why such a location may not be possible); in the alternative, equipment may be located on the rooftop of the building provided;
[1] The height of rooftop equipment facilities shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing, and shall be fully enclosed by Stealth screening in a color which will match those of the existing rooftop accessory structures as closely as possible, such that the total of all rooftop appurtenances including the subject equipment does not exceed thirty percent (30%) of the roof area; and
[2] Documentation by a qualified expert that any existing structure will have sufficient structural integrity to support the proposed antennas and ancillary equipment shall be provided to the Planning Board.
(f) Any additional public utility lines and/or cables deemed necessary for the operation of the proposed antenna facility shall be located underground. The applicant shall provide documentation to the Planning Board as to the necessity of the additional lines.
(g) No signage shall be permitted that is visible from adjacent properties or from the public right-of-way.
(2) For a new wireless telecommunication tower:
(a) Any proposed new tower shall be a monopole. Antennas shall be applied to the interior of the monopole or, if applied to the exterior of the monopole, they shall be flush-mounted.
(b) Unless otherwise required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), all towers shall be either constructed of a neutrally colored material or painted a neutral color so as to reduce the visual obtrusiveness. All applicable FAA or FCC standards regarding color or materials that may apply to the proposed tower shall be provided to the Planning Board.
(c) No lighting is permitted on a tower except lighting that is specifically required by the FAA and any such required lighting shall be focused and shielded, to the greatest extent possible, so as not to project towards adjacent and nearby properties. All applicable FAA standards regarding lighting that may apply to the proposed tower shall be provided to the Planning Board.
(d) All ancillary electronic and other equipment shall be located within a building or enclosed structure which structure shall meet the following design criteria:
[1] Regardless of the number of wireless communication service providers located on the site, there shall be a maximum of one structure enclosing the required electronic equipment, which structure shall not exceed twelve (12) feet in height nor more than four hundred (400) square feet in area.
[2] The enclosed structure shall use materials, textures, and colors that together with required screening and landscaping will cause it to blend into the natural setting and surroundings, to the greatest extent possible.
[3] Provision for co-location of equipment shall be incorporated into the design of the building/structure.
[4] Electronic equipment shall be designed in such a way so as not to interfere with any public safety communication.
[5] All equipment shall be automated so that, to the greatest extent possible, the need for on-site maintenance and associated vehicular trips to and from the site will be minimized.
[6] Lighting shall be limited to a single light at the entrance to the building, which shall be focused downward.
(e) Landscaping shall be provided to screen the tower and any building or structure used to house ancillary equipment from any public street or residential dwelling unit or residential zoning district in accordance with the following:
[1] Required landscaping shall consist of sufficient density of evergreen planting to effectively screen the view of the tower base and, in addition, sufficient other plantings which may consist of a combination of shrubs and deciduous trees to screen the tower and enhance the appearance of, to the maximum extent reasonably possible, from any surrounding residential properties and from any public street.
[2] Any newly planted evergreen trees shall be at least eight (8) feet high at the time of planting and any newly planted deciduous trees shall be a minimum caliper of three and one-half (3.5) inches at the time of planting.
[3] No signage shall be permitted except "warning" and/or equipment information signs as deemed necessary or as required by state and/or federal regulatory agencies for safety. Purposes and are specifically approved by the Planning Board.
(f) Minimal off-street parking shall be permitted as needed to provide maintenance at the site and as specifically approved by the Planning Board.
(g) No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.
(h) Any new tower shall be located behind existing buildings in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way to the greatest extent possible.
(i) Towers shall be enclosed by security fencing consisting of eight (8) foot high one (1) inch chain link "nonclimbable" mesh which shall be fully screened by the required landscaping.
(j) Documentation by a qualified expert that any existing structure will have sufficient structural integrity to support the proposed antennas and ancillary equipment shall be provided to the Planning Board.
J. Radio frequency emissions.
(1) Applicants shall provide current FCC information concerning wireless telecommunication towers and Radio Frequency (RF) emission standards to the Planning Board, whenever applicable. Upon documentation by a qualified expert, proposed wireless communication antenna projects, which meet the current FCC standards shall not be conditioned or denied on the basis of RF impact.
(2) If the FCC adopts a superseding emission standard, such new standard shall be controlling and become effective as directed in the FCC rulemaking. In such event, the applicant shall, within forty-five (45) days of the superseding emission standard's effective date, submit to the approving authority documentation of compliance with the superseding emission standard. Failure to submit such documentation shall result in a declaration by the approving authority that the equipment is no longer operative and the removal provisions stated below shall apply.
K. Removal of abandoned/obsolete antennas and towers.
(1) Any Wireless Communication Antenna facility not used for its intended and approved purpose for a period of one (1) year shall be considered "no longer operative and shall be removed by the responsible party within sixty (60) days thereof.
(2) In addition to the regular application fee, the applicant (or landowner in the instance of leased property) shall provide a performance bond that will cause the antennas, any supporting tower, associated equipment cabinets, any building enclosing associated equipment cabinets, and all other related improvements to the land to be removed, at no cost to the City, when the antennas are no longer operative. The amount of the performance bond shall not be less than one hundred twenty percent (120%) of the cost (as determined by the City Engineer at the time of application) of such demolition, removal, and restoration of the site to a state required under all applicable City ordinances, including, but not limited to, the City property maintenance code.
