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Home My Public Portal AboutOrd. 06-31 OOrúimntt£ No. 06-31 af ±q£ ~araugq af QInrí£r£Í, ~t + Councilman Presents the following Ordinance Seconded by Co un ¡Iman - AN ORDINANCE TO AMEND AND SUPPLEMENT CH PTER 160 ENTITLED LAND DEVELOPMENT OF THE CODE OF TH BOROUGH OF CARTERET TO PERMIT TOWERS FOR COMMUN ATIONS ANTENNAS ONLY ON MUNICIPAL OWNED PROP RTY WHEREAS, this ordinance amendment is designed to create th opportunity to locate mobile communication facilities in areas in which, in th opinion of the Borough, their installation will not have any appreciable advers impact on the character of the community, nor will such facilities encroach upo the reasonable expectations of the residents of the Borough that their homes and he public health safety and welfare remain adequately protected. The intent of thi ordinance is to limit the location of such facilities ta areas which are bot acceptable ta communication companies wishing to provide mobile comrnunicat on services and consistent with the above objectives. The overriding objective of thO ordinance is to establish general guidelines for the sitting of wireless communic tion towers and antelmas, to insure that the public health, safety and welfare is safe uarded and that the following purposes of the New Jersey Municipal Land Use w (MLUL) are advanced (See NJ.S.A. 40:55D-2). b. To secure safety from fire, flood, panic and ther natural and manmade disasters. f. To encourage the appropriate and efficien expenditure of public funds by the consolidation and use 0 facilities which will enhance land use policies by minimizi duplication of communication and data transmission hardwar . g. To provide sufficient space to appropriate loc tions for variety af agricultural, residential, recreational, ommercial and industrial uses and open space, both pub ic and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citiz ns. L To promote a desirable visual environment hrough creative development techniques and gaad CIV design and arrangements. J. To promote the conservation of historic sites d districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and de adation of the environmental through improper use of land. m. To encourage coordination of the various p blic and private procedures and activities shaping land dev lopment with a view of lessening the cost of such deve10pmen and to the more efficient use of land. IN FUTHERANCE OF THESE GOALS, the Barough af Ca eret shall give consideration to the Borough of Carterct shall give consideration t the Borough of Carteret'sMaster Plan, zoning map, existing land uses, and enviro entally sensitive area In approving sites for the location of wireless comrnunica ion towers and antel1l1as. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of Middlesex, State of New Jersey, tha the Code of the Borough of Carteret hereby be amended and supplemented as folio 5 to include the following new sections: - NO. 06-31 PAGE 2 I Section 1. Chapter 160, entitled Land Development, of he Code of tlie Borough of Carteret is hereby amended and supplernente to include the - following: A. Definitions as used in this ordinance, the fol1owing tem1S shall have the meanings set forth below: 1. "Alternative tower structure" means structures that camouflage or conceal the presence of antennas or towers. 2. "Antenn~" means any exterior transmit ing or receiving device mounted on a tower, building r structure and used In communications that radi te or capture electromagnetic waves, digital signals analog signals, radio frequencies (excluding radar s' gnals), wireless telecommunications signals or other communication signals. 3. "Backha~l network" means the lines that connect a provider~s towers/cell sites to one 0 more cellular telephon¢ switching offices, and/or long distances providers, or the public switched teleph ne network. 4. "FAA" means the Federal Aviation Ad inistration. 5. "FCC" means the Federal ommunications Commission. 6. "Height" means, when referring to a tower or other structure, the distance measured from t finished grade of the parcel to the highest point on th tower or other structure, including the base pad and an antenna. - 7. "Preexisting towers and preexisting a tennas" means any towdrs or antennae for which a bu Iding pennit or special u~e pennits have been properl issued prior to the effective date of this ordinance, inc ding permitted towers or antennas that have not yet b en constructed so long a$ such approval is current and ot expired. 8. "Tower" means any structure that i designed and constructed primarily for the purpose 0 supporting one or more antennas for telephone, ra '0 and similar communiication purposes, including self-supporting lattice towers, guyed towers, or monop Ie towers. The term includes radio and television tran mission towers, common....camer towers, cellular tel phone towers, alternative tower structures, and the I ke. The term includes ~he structure and any support t ereto. B. Applicabilitv. 1. New ToWers and Antennas. All ew towers or antennas ~n the Borough of Carteret sh II be subject to these regulations, except as provided III Paragraphs B(2) through B(4), inclusive. 2. Amateur Radio Station Onerators/ ecelve Onl Antennas; This ordinance shall not go ern any tower, or installátion of any antenna that is un er seventy (70) feet in height and is owned and operate by a federally- licensed ;amateur radio station opera or or IS used exclusively for receive only antennas. - NO. 06-31 PAGE 3 3. Preexi~ting Towers or Antennas. Pree isting towers and preexis.ting antennas shall not be Ie ired to meet the requirements of this ordinance, other that the - requirements of Paragraphs C(6) and (7). 4. AM Anav. For purposes of i plernenting this ordinaqce, an AM alTay, consisting of one or more tower 'units and supporting grall system which functions as one AM broadcasting ntenna, shaH be consid¢red one tower. Measurement for setbacks and separat~on distance shall be measur d from the outer perimeter of the towers included 1 the AM array. Additiqnal towers units may be ddcd within the perimeter of the AM array by right. C. General Requirements. 1. Princioo.l or Accessorv Use. Antenn 5 and towers may be co$idered either principal or a essory uses. A differe¡¡¡t existing use of an existin structure on the same lot shall not preclude the i stallation of an antenna or tower on such lot. 2. Lot Size. For purposes of determi ing whether the installaition of a tower or antenna co plies with district development regulations, including ut not limited to setback requirements, lot-coverage equirements, and other slUch requirements, the dimens ons of the entire lot shaU control, even though the ante na or towers may be located in leased parcels within su h lot. 3. Inventorv of EXlstmg SItes. Each pplicant for an antenn. and/or tower shall provid to the Zoning Office~ an inventory of its existing to ers, antennas, or - sites approved for towers or antenn s, that are either within jurisdiction of the Borough of Carteret or within one rniile of the border thereof, i cluding specific information about the location, heig t, and design of each tower. The Zoning Officer may share such infonnMion with other applican s applying for administrative approvals or special se permits under this ordinance or other organizations seeking to locate antennM within the jurisdiction 0 the Borough of Carteret, provided, however, that the Zoning Officer is not, by sharing such informatio m any way I representing or warranting that such ites are available or suitable. 4. Aesthetics. Towers and antermas shall meet the fol1owing requirements: (1) Towers shall either maintain galvanized steel finish or, subject to any appli able standards of the FAA, be painted a neut al color so as to I reduce visual obtrusiveness. (2) At a tower site, the design of the buildings and related structures shall, to th extent possible, use materials, colors, textur s, screening, and landscaping that will blend t wers and related structure into the natural setti and surrounding buildings. (3) If an antenna is installed on a structure other _ than a tower, the antenn and supporting NO. 06-31 PAGE 4 I electrical and mechanical equ' ment must be of a neutral color that is identi al to, or closely I compatible with, the color f the supporting structure so as to make the a tenna and related equipment as visually unobtru ive as possible. 5. Lighting Towers shall not be artificia Iy lighted, unless required by the FAA or other applic ble autliority. If lighting is required, the lighting alte atives and design chosen must cause the least di urbance to the surrounding views. 6. State ot Federal Requirements. All to ers must meet or exceed; current standards and regulat OilS of the FAA, the FCC and any other agency of t state or federal govemtnent with the authority to re ulate towers and antennas. If such standards and regulations are change¢l, then the owners of the to ers and antennas governed by this ordinance shall brin such towers and antennas into compliance with such evised standards and regulations within six (6) month of the effective date such standards and regulations, nless a different compli~nce schedule is mandated b the controlling state 011 federal agency. Failure to ring towers and antenn"s into compliance with such evised standards and regUlations shall constitute groun s for the removal of the t¢lwer or antenna at the owner's xpense. 7. Buildin~ Codes: Safety Standards. 0 ensure the structural integrity of towers, the own r of a tower shall ensure that it is maintained 10 ompliance with standards contained in applicable stat or local building -- codes and the applicable standards f< r towers that are published by the Electronic Industri Association, as amended from time to time. If, upo inspection, the Borough of Cartcret concludes that a tower fails to comply with such codes and standard and constitutes a danger to persons or property, then l pon notice being provided to the owner of the tower the owner shall have thirty (30) days to bring uch tower into compliance with such standards. Fai re to bring such tower into compliance within said thi y (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense. S Measurement. For purposes of me surement, tower setbacks and separation distance sha! be calculate and applied to facilities located in the Bo ough of Carteret irrespective of municipal and cou ty jurisdictional boundaries. 9. Not Essential Service Towers and tennas shall be regulated and permitted pursuant to t is ordinance and shall not be regulated or permitted as ssential services, public utilities, or private utilities. 10. Franchises. Owners and/or operat rs of towers or antennas shall certify that all franchise required by law for the construction and/or operati of a wireless communication system in the Boroug of Carteret have been obtained and shall file a cop of all required franchises with the Zoning Officer. - NO. Oh-l1 PAGE , 11 fuw No signs shall be allowed n an antenna or tower. - 12. Multiple Antemla1Tower Plan. The B rough of Carteret encourages the users of towers and a tcnnas to submit a single applicable for approval of mul iple towers and/or anternm sites. D. Permitted Uses. 1. General The uses listed in this Sectio are deemed to be pennitted users and shall not reg ire administrative approval or a conditional use pemlit. 2. Pcmlitted Uses. The following us s are specifically pennitted: Antennas, towers, or alterna e tower stmcture located on property owned, I ased, or otherwise controlled by the Borough 0 Carteret provided a license or lease authorizin such antenna or tower has been approved b the Borough of Carteret. E. Area Bulk and Yard Reauirements: 1. Minimum front yard setback - 50 fe t or the height of the structure, whichever is greater. 2. Minimum rear yard setback - 50 fe t or the height of the structure, which ever is greater. 3. Minimum side yard setback - 5 feet. 4. Maximum height of tower - 130 feet. 5. Maximum height of associated struct res - 8 feet. - 6. Maximum square footage of associat d structures - 150 square feet. F. Additional requirements 1. All facilities shall be suitable and en osed in a fence of not less than 6 feet high. 2. Site plan approval by the Carteret PI ing Board shall be required and the following infi rrnation shall be provided: a. A scaled plan clearly indic tion the location, I type and height of the prop ed tower, on-site land uses and zoning adjace t land users and zoning within 200' (includin when adjacent to other municipalities), Master Ian classification of the site and all prop rties within the applicable separation dista es set forth in Section E, adjacent roads p oposed means of access, setbacks from prope y lines, elevation drawings of the proposed to er and any other structures, topography, pa king and other infornlation deemed by the Z ning Officer to be necessary to assess comp lance with this ordinance. b. Legal description of the pare t tract and leased parcel (if applicable). c. The setback distance betw en the proposed tower and the nearest re idential unit or - I NO. 06-31 PAGE 6 residentially zoned properties, whethe platted - or un-platted. d. The separation distance from other to W IS shall be shown on an updated site plan or m p. The applicant shall also identify the ype of construction of the existing tower(s ) and the owner/operator of the existing to w r(s), if known. e. A landscape plan showing specific 1 ndscape materials. f. Method of fencing, finished color, if a plicable, and methods of camouflage and illumi tiOD. g. A description of compliance with thi Section and all applicable federal, state or loca 1 laws. h A notarize statement by the applic t as to whether construction of the to er will accommodate collocation of additiona 1 antennas for future users. L Identification of the entities prov i iug the backhaul network for the tower(s) de cribed in the application and other cellular sites wned or operated by the applicant in the munici ality. A description of the suitability of t e use of existing. towers, other structures or ltemative technology not requiring the use of owers or structures to provide the services to b provided through the use of the proposed new t er. - k. A description of the feasible locat ons(s) of future towers or antennas within the orough of Carteret based upon existing physical, engineerIng, technological or ge graphical limitations in the event the propose tower 1S erected. 3. In the event a communication tower is abandon d or not operated for a period of one year, the same shall be r moved, at the option of the Borough, at the sole expense of the perator. 4. Noise levels generated by the operation of th antenna operation at any property line shall be not mor than 50 decibels. 5. Site lighting used to illuminate tower shall be orien ed inward toward the tower to minimize spillage and glare on o adjacent properties. 6. The tower and antennae shall be designed in accor ance with the current edition of the Building Officials and Code Administrators National Building Code. - NO----º!i:c~ PAGE ~ _ !/ I Section 2. All other portions of the Zoning Code of the orough of Carteret shall remain in full force and effect. -- Section 3. All Ordinances and/or provisions thereof inconsist ot wìth the provision ofthi5 Ordinance shall be and are hereby repealed as to he extent of any such inconsistencies. Section 4. If any section, subsection, part, clause or phrase of th s Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to e severable from the remainder of this Ordinance. Section 5. This Ordinance shall take effect upon passage an publication according to applicable law. I I I - I I DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B. BELI.llV D I X· Indicate VOlt AB - Absent NV . Not Voting XOR . Indicates Vote t Overrule Veto .. ... - ON MUNI IPAL LERK "- AFFIDA VIT OF PUBLI ATION -- The following is a true copy 0 an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tri une, a newspaper which is printed in Freehold, New J rsey and published in Neptune, in said County and S ate and of general circulation in said county. ONE. . 1 times, once in each issue as follows: May 5, 2006 ~ Q, ~ Notary Public of New Jersey Kath een Barney, RMCI LINDA A RIVERA Mun cipal Clerk r NOTARY PUBLIC OF NEW JERSEY - MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me this 9AÁ day of /1-1 0...::; / .).. 00 G. RE: ORDINANCE 106-31 Å~Å~Please See Attached**** - -- AFFIDA VIT OF PUBLI ATION ~ The following is a true copy 0 an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tr bune, a newspaper which is printed in Freehold, New ersey and published in Neptune, in said County and tate and of general circulation in said county. One 1 times, once in each issue as follows: June 21. 2006 ~ 0 ~ Notary J'ublic ofN~1NJ..fAWeRA Ká hleen Barney, R.lYIC/ NOTARY PUBLIC OF NEW JERSEY M nicipal Clerk -- MY COMMISSION EXPIRES MAY 2, 201 Sworn and subscribed before me this~ day orJ.M-W--/ J-cVG , -