All new towers or antennas in the City shall be subject to these regulations, except as otherwise provided herein.
This section will be applicable to all new facilities and to existing facilities whenever application for modification or expansion to the facility is made.
c. 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.
d. Satellite Dish Antennas.
This section shall not govern any satellite dish antennas presently regulated under this chapter.
(Ord. No. O-01-34 § 3; Ord. No. O-03-37 § 3)
a. Principal Use.
Antennas and towers and their appurtenant structures shall be considered a principal use; however, notwithstanding any other City Land Use regulation, a different existing structure or principal use on the same lot shall not preclude the installation of an antenna or tower on such lot as a second 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. State or Federal Requirements.
All towers, antennas and other wireless communication facilities 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.
d. Building Codes; Safety Standards.
To ensure the structural integrity of towers and antennas, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State of New Jersey or the City's 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, by an engineer licensed in the State of New Jersey, the City of Bayonne concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice to the owner of the tower, the owner shall have sixty (60) days to bring such tower into compliance. Failure to comply within sixty (60) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. Enforcement of this provision shall be by way of complaint to a court of competent jurisdiction. The sixty (60) day period to come into compliance shall be reasonably extended if the tower owner is diligently pursuing remediation after given due notice by the City of Bayonne of an actual standard or code violation.
It is the provider's and any co-applicant's responsibility to protect the facility from unauthorized access through appropriate means, consistent with the purpose of protecting the public health, safety and welfare. Such persons or entities shall maintain the facility in a good and safe condition and preserve its original appearance and concealment, disguise or camouflage elements incorporated into the design at the time of approval. Such maintenance shall include, but not be limited to, such items as painting, structural repair, repair of equipment and maintenance of landscaping.
e. Nonessential 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.
f. Licenses.
Owners and/or operators of towers or antennas shall certify that all Federal licenses required by law for the construction and/or operation of a wireless communication system in the City of Bayonne have been obtained and shall submit a copy with any application for construction of a facility including any application for an administratively approvable facility, a conditional use application before the Planning board or a use variance application to the Zoning Board as the case may be.
g. Public Notice.
For purposes of this section public notice shall be given in accordance with subsection 33-4.8 of Chapter 33, Planning and Development Regulations.
h. Signs.
No signs or advertisements of any kind, other than appropriate warning signs shall be allowed on an antenna or tower.
1. 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.
j. Reserved.
k. Multiple Antenna Co-Location.
The City of Bayonne strongly encourages the co-location of antennas. As such the owners of all new towers are mandated to permit the co-location of the antennas of at least two (2) additional service providers and are encouraged to permit the co-location of additional antennas. A letter of intent to meet the above co-location requirement, or such other binding legal document as approved by the Attorney of the Planning Board or Zoning Board of Adjustment, as the case may be, or the appropriate City Corporation Counsel shall be provided to the Planning Board, Zoning Board of Adjustment and/or appropriate City Agency by the applicant.
(Ord. No. O-01-34 § 4; Ord. No. O-03-37)
a. Applicability.
All telecommunications carriers and providers that offer or provide any telecommunication services for a fee directly to the public, within the City of Bayonne, shall provide to the City such information as set forth in paragraph b. below.
b. Application Information Required.
The following application information shall be required for all owners or operators of towers and/or antennas of the type covered by this section:
1. The identity and legal status of the registrant, including any affiliates;
2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the information statement;
3. An inventory of its existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the City of Bayonne or within three (3) miles of the border thereof including specific information about the location, height and design of each tower. The City of Bayonne may share such information with other applicant applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the city of Bayonne provided, however, that the City of Bayonne is not, by sharing such information, in any way representing or warranting that such sites are available.
4. A description of the telecommunications services that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City;
5. Master Plan for all related facilities within the City limits of Bayonne. Which shall address at minimum:
(a) How the proposed location relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;
(b) How the proposed location specifically relates to the anticipated need for additional antennas, supporting structures and other related facilities within the City limits of Bayonne by the applicant;
(c) How the proposed location specifically relates to the overall objective of providing full wireless communication services within the City of Bayonne, while at the same time, limiting the number of facility sites to the fewest possible through the use of collocation;
(d) How the proposed location specifically relates to the objective of minimizing the impact of antennas, accessory equipment and supporting structures; on residential areas, streetscapes and view corridors throughout the City of Bayonne.
c. Amendment.
Each applicant shall inform the City within sixty (60o days of any change of the information set forth in this subsection.
(Ord. No. O-01-34 § 5; Ord. No. O-03-37 § 5)
All telecommunications facilities, except exempt facilities as defined in subsection 35-26.3, shall require major site plan review and approval pursuant to Chapter 33, Planning and Development Regulations. Each application shall include a site plan showing the specific design, location, size and construction of the proposed structure, which shall comply in all respects with the standards enumerated herein. The Community Development Division or its designee shall establish and maintain a list of information that must accompany every application pursuant to Chapter 33, Planning and Development Regulations, which shall include at a minimum all information required by Chapter 33, Planning and Development Regulations for a major site plan application. All development applications for telecommunications facilities shall also provide all information required for a conditional use application, variance application, subdivision application and/or other development application pursuant to Chapter 33, Planning and Development Regulations as is applicable to a particular case, including all application fees and escrow deposit as required by the City of Bayonne Code.
In addition to the above requirements, the following information is required for all development applications for all telecommunications facilities:
a. An inventory of existing sites, which shall provide an inventory of all existing towers, antennas, or sites approved for towers or antennas that are within the jurisdiction of the City of Bayonne owned, operated or located on by the applicant, including specific information about the location, height and design of each facility.
b. Reserved.
c. A visual analysis, which may include photomontage, photo simulation, or other techniques, which identifies the potential visual impacts of the proposed facility. Consideration shall be given to views from public areas as well as from private residences where an applicant has specific authorization to enter upon private property for the purpose of complying with this section. The analysis shall assess the cumulative impacts of the proposed facility and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed telecommunication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant.
(Ord. No. O-01-34 § 7; Ord. No. O-03-37 § 7; Ord. No. O-09-28 § 2)
Certain areas of the City are more appropriate for the location of personal wireless service facilities because of the existing development in the area or on the site, the types of buildings already existing at the site, the existence of similar or compatible facilities at the particular site, the commercial or industrial nature of the area, the zoning designation of the area and/or the technical suitability of the particular site. Locating facilities in such areas can reduce adverse visual and aesthetic impacts of personal wireless service facilities City wide and help protect the health, safety and welfare of City residents.
Therefore, the location preferences and design criteria and guidelines and associated conditions of approval contained in this section are intended to improve any potential visual, aesthetic or neighborhood livability concerns while still facilitating growth of an industry that is important to the City's economic health and whose services are demanded by an increasing number of the City's residents, businesses, workers and visitors.
a. Location of Facilities. Except for those facilities designated in subsection 35-26.3 to be exempt from City review, telecommunications facilities (including but not limited to equipment cabinets) may be located in only those zones and locations as indicated in paragraphs b, c and d below; and only in accordance with the following procedures:
1. All applicants for a new facility shall make a good faith effort to locate in the listed "First Preference Location."
2. Applicants who maintain that they are unable to locate in the "First Preference Location" must demonstrate why they need to locate in one of the areas less preferred.
3. The applicant enumerated in paragraph 2 must demonstrate why each successive preference location below that of the "First Preference Location" cannot be utilized to provide service in the area in question.
b. Preferred Locations. The following areas, locations and/or zoning districts constitute preferred locations for the siting of personal wireless telecommunications facilities:
1. First Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities permitted in the Heavy Industrial Zones;
2. Second Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities permitted in Light Industrial Zones;
3. Third Preference Location: Type 2, Type 3, Type 4 and Type 5 facilities permitted in the Highway Commercial/Selected Light Industrial District;
4. Fourth Preference Location: Types 2 and 3 facilities on municipal property;
5. Fifth Preference Location: Type 5 facilities in all zones;
6. Sixth Preference Location: Type 1 facilities located on property owned, leased, or otherwise controlled by the City, provided a lease authorizing such tower has been approved by the City. The decision to extend such leases to an applicant shall be vested solely with the municipality, and shall not be governed by this section;
7. Seventh Preference Location: Type 3 facilities on nonresidential buildings in the order of preference in the following districts:
(a) Central Business District (CBD)
(b) Uptown Business District (UBD)
All of the locations listed above shall subject to the administrative approval procedure defined in this ordinance and shall not require Zoning Board or Planning Board processing. All applications for administrative approval shall be accompanied by an application fee of one thousand ($1,000.00) dollars.
c. Conditional Uses. T
he following uses may be approved by the appropriate Board as conditional uses and shall be considered the Eighth Preference Location.
1. Antennas on Existing Towers Modified Pursuant to the Definition of a Type 1 Facility.
An antenna may be attached to an existing tower in Heavy Industrial, Light Industrial or Highway Commercial Zones and shall be considered an Eighth Preference Location. To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one (1) carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
(a) A tower that is modified or reconstructed to accommodate the colocation of an additional antenna shall be a monopole.
(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 section.
(2) The height change referred to in paragraph (b)(1) above may only occur one (1) time per communication tower.
(3) The additional height referred to in paragraph (b)(1) above shall not require an additional distance separation as set forth in subsection 35-26.9b. 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 co-location of an additional antenna, may be moved on-site within fifty (50) feet of its existing location.
(2) After the tower is rebuilt to accommodate co-location, only one (1) 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. The relocation of a tower shall be subject to site plan approval by the Planning Board.
2. New Towers.
New monopoles may be constructed in a Heavy Industrial Zone, subject to the conditions outlined in this section, to hold antennas, and shall be considered a Ninth Preference Location. Lattice towers and any type of guyed towers are prohibited. In addition to any information required for applicants for conditional uses pursuant to this chapter, applicants for a conditional use for a tower shall submit the following information:
(a) 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 herein, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and other structures, topography, parking, and other information deemed by the Administrative Officer to be necessary to assess compliance with this section.
(b) Legal description of the entire tract and leased parcel (if applicable).
(c) The setback distance between the proposed tower and the nearest residential unit and/or residentially zoned properties.
(d) The separation distance from other towers described in the inventory of existing sites 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).
(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 this section and all applicable Federal, State and/or City laws, rules, regulations and/or ordinances.
(h) A notarized statement by the applicant indicating how construction of the tower will accommodate co-location 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 or other structures 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 City of Bayonne based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l) A visual study depicting where, within a one (1) mile radius, any portion of the proposed tower could be seen.
(m) A statement of intent on whether excess space will be leased.
d. Reserved.
e. Other than Preferred Location.
All applications which propose to locate facilities anywhere other than a preferred location shall require a variance pursuant to N.J.S.A. 40:55D-70.d. In additional to all other requirements, a written opinion from an electronic/telecommunications/radio frequency engineer (or other professional consultant accepted as an expert by the Zoning Board of Adjustment may be required by the Zoning Board of Adjustment, describing: (a) what preferred locations are within the geographic service area; (b) why siting at a preferred location is not possible; (c) what good faith efforts and measures were taken to secure a more preferred location; (d) how and why such efforts were unsuccessful; and (e) how and why the proposed location is essential to meet service demands for the geographic service area.
(Ord. No. O-01-34 § 8; Ord. No. O-03-37 § I)
