WHEREAS, the City of Hoboken recognizes the need for regulations regarding the installation of wireless telecommunications equipment and facilities; and

WHEREAS, the City of Hoboken seeks to create priorities regarding installation of wireless telecommunications equipment and facilities.

NOW THEREFORE BE IT ORDAINED by the City Council of the City of Hoboken that Chapter 196 of the Revised General Municipal Ordinances of the City of Hoboken be amended and supplemented for the regulation of installation of wireless telecommunications equipment and facilities.

Chapter 196, Zoning, of the Code of the City of Hoboken be and is hereby amended and supplemented as follows:

§196-35. Wireless Telecommunications.

A.  Purpose.

The overall purpose of these ordinance provisions is to provide specific zoning conditions and stan-dards 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 tele-communication (e.g., telephone, radio, paging and/or television communication within the City of Hoboken, which recognizes the need to safe-guard 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 ser-vices 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 resi-dences, streetscapes, and view corridors through-out the municipality.

C.  Specific Goals.

    (1)  To encourage the location of antennas upon, or within, existing structures, including existing buildings, existing wireless commu-nication towers, existing water towers, and ex-isting telephone and electric towers, especially those existing structures situated in non-resi-dential districts;

    (2)  To encourage the configuration of telecom-munication facilities in a manner that mini-mizes and mitigates any adverse impacts upon affected properties, streetscapes, and vistas through careful design, siting, screen-ing, landscaping, and innovative camouflag-ing techniques;

    (3)  To encourage the co-location of as many antennas as possible, of as many wireless telecommunication carriers as possible, on ex-isting towers and other structures in non-resi-dential districts;

    (4)  To discourage the construction of new tow-ers.

    (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 wire-less 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 gov-ernment authority to enforce zoning require-ments 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 ordinance, 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 elec-tronic 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 over-all comprehensive plan indicating how it in-tends 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 and 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 descrip-tion of all existing antennas and existing and approved supporting structures within one (1) mile of the subject site;

    (3)  The mapped location and written descrip-tion 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 suitabil-ity 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 antici-pated need for additional antennas and sup-porting structures within and near the City of Hoboken by the applicant and by other pro-viders 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 communi-cation 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 exist-ing structures; and

    (7) How the proposed location of the proposed antenna(s) specifically relates to the objec-tive 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 ex-isting structures except for public school buildings and public school sports facilities, at the following prioritized lo-cations:

        (a)  The first priority location shall be co-location on an existing wireless telecom-munication tower or other similar existing structure within the I-1 or I-2 zoning district but not including the Northwest Redevelopment Area;

        (b)  The second priority location shall be an existing non-residential building within the I-1 or I-2 zoning dis-trict 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 non-residential building within the CBD zoning district, provided that the pro-posed building shall be no less than 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 pro-posed building shall be no less than 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 pro-posed building shall be no less than 50 feet in height as measured to the top of the roof slab in the CBD zoning district and no less than 40 feet in height in the R zoning district or Northwest Redevelopment Area;

        (g)  The seventh priority location shall be any existing non-residential building within the R zoning districts or Northwest Redevelopment Area, provided that the building shall be no less than 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 than 40 feet in height as 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 80 feet in height as measured to the top of the roof slab.

    (2) New wireless telecommunication towers along with the antennas and equipment facili-ties 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 in-tent by the applicant to meet the co-location requirement shall be provided to the Plan-ning Board; and

        (b)  All of the separation distance, area, set-back, height, and design criteria require-ments 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: 500 feet

    (2)  Minimum distance from any historic dis-trict line or designated historic site (national or state register): 500 feet

    (3)  Minimum distance between towers: 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 re-quired 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 feet (25') of any street line, or any existing or proposed prop-erty 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 Section 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 ex-isting structure shall be the minimum height necessary for the proposed installation to sat-isfactorily operate (See Section I(1)(e) below); and

        (b)  The maximum height of any proposed roof top 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 roof top of any building less than 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 feet (100').
 

I.  Design Criteria.

All applications for wireless communication antennas shall adhere to the following design criteria:

    (1)  For location on an existing building or struc-ture:

        (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 form 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 roof top of the building provided:

            [1]  The height of roof top equipment facili-ties shall not exceed the height of the tall-est 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 roof top accessory structures as closely as possible, such that the total of all rooftop appurtenances including the subject equipment does not exceed 30% of the roof area; and

            [2]  Documentation by a qualified expert that any existing structure will have suffi-cient structural integrity to support the pro-posed 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 lo-cated underground. The applicant shall pro-vide documentation to the Planning Board as to the necessity of the additional lines.

        (g)  No signage shall be permitted that is vis-ible 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 "mono-pole". 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 tow-ers shall be either constructed of a neutrally colored material or painted a neutral color so as to reduce the visual obtrusiveness. All ap-plicable 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 stan-dards regarding lighting that may apply to the proposed tower shall be provided to the Plan-ning Board.

        (d)  All ancillary electronic and other equipment shall be located within a building or enclosed structure which structure shall meet the fol-lowing design criteria:

            [1]  Regardless of the number of wireless communica-tion 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 feet (12) in height nor more than four hundred (400) square feet in area.

            [2]  The enclosed structure shall use materials, tex-tures, and colors that together with required screening and landscaping will cause it to blend into the natural setting and surround-ings, 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 de-signed 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 associ-ated 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 combi-nation of shrubs and deciduous trees to screen the tower and enhance the appear-ance of, to the maximum extent reason-ably possible, from any surrounding resi-dential properties and from any public street.

            [2]  Any newly planted evergreen trees shall be at least eight feet (8') high at the time of planting and any newly planted de-ciduous trees shall be a minimum caliper of three and one half inches (3.5") 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 agen-cies for safety purposes and are specifi-cally approved by the Planning Board.

        (f)  Minimal off-street parking shall be permit-ted as needed to provide maintenance at the site and as specifically approved by the Plan-ning Board.

        (g)  No antenna shall be located on any tower in order to provide non-cellular telephone ser-vice; such service shall be provided via exist-ing 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 great-est extent possible;

        (i)  Towers shall be enclosed by security fenc-ing consisting of eight (8) foot high one-inch chain link "non-climbable" mesh which shall be fully screened by the required landscap-ing.

        (j)  Documentation by a qualified expert that any existing structure will have sufficient struc-tural integrity to support the proposed anten-nas 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, pro-posed wireless communication antenna projects, which meet the current FCC standards shall not be conditioned or denied on the basis of RF im-pact.

    (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 facil-ity not used for its intended and approved pur-pose for a period of one (1) year shall be consid-ered "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 en-closing associated equipment cabinets, and all other related improvements to the land to be re-moved, at no cost to the City, when the antennas are no longer operative. The amount of the per-formance bond shall not be less than 120% of the cost (as determined by the City Engineer at the time of application) of such demolition, re-moval, and restoration of the site to a state re-quired under all applicable City Ordinances, in-cluding, but not limited to, the City property main-tenance code.
 

B.  Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY USE, STRUCTURE OR BUILDINGS-A structure, building or use, including off-street parking, subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building. A wireless telecommunications antenna shall be considered an accessory use in the zoning districts which so indicate it subject to the regulations specified in §196-35, §196-26 and elsewhere. Other than in the case of a planned development or a wireless telecommunications antenna as defined and regulated in this chapter, if an accessory structure or building is attached to the principal building, it shall be considered a part thereof. Other than in the case of a planned development, an "accessory use, structure or building" not located on the same tax lot shall be judged a conditional use. In the case of a planned development, the use, structure or building shall be deemed accessory if it is subordinate to and customarily incidental to any of the other uses within a planned development, even though the accessory use is not located on the same tax lot as any of the other uses.

CO-LOCATION. Use of a common wireless telecommunication tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.

FAA Application. Any application, or other request, to the Federal Aviation Administration for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Aviation Administration regarding an applicant's telecommunications structures, antennas and equipment.

FAA Filings. Any application with all attachments, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence addressed to the Federal Aviation Administration, individual comments or objections of other parties, including but not limited to, informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Aviation Administration; notices of appeal all briefs and other documents on appeal; and all other related matters.

FCC Application. ©Any application, or other request, to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization, or any other instrument of authorization issued by the Federal Communications Commission  under the Telecommunications Act of 1934 or the Telecommunications Act of 1996.

FCC Filings. Any application with all attachments, exhibits, appendices, memoranda, amendments, supplements and comments; all correspondence addressed to the Federal Communications Commission, individual comments or objections of other parties, including but not limited to, informal objections, petitions to deny proposed findings of fact, conclusions of law, and briefs on appeal; the initial decision of the Federal Communications Commission; notices of appeal all briefs and other documents on appeal; and all other related matters.

MICROCELL: A small patch antenna which is generally surface-mounted to a building facade.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS. Any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the City Council, prior to the effective date of this section, including previously approved towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term shall include the structure and any support thereof.

WIRELESS TELECOMMUNICATION ANTENNA. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that transmit or receive radio frequency signals for wireless telecommunication towers.

WIRELESS TELECOMMUNICATION EQUIPMENT. Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as a wireless telecommunication tower or antenna. Such facilities include transmission equipment, storage sheds, storage buildings and security fencing.

WIRELESS TELECOMMUNICATION TOWER. A freestanding vertical structure designed to support one or more wireless telecommunication antennas, including monopoles, guyed towers, lattice towers and similar structures.
 
 

§ 196-14.  R-1 District; R-1(E) Subdistrict; R-1 (CS) Overlay District.

C.  Accessory uses shall be as follows:

    (1)  R-1 District

        (e)  Wireless telecommunications antennas subject to §196-26 and §196-35.

    (2)  R-1(E) Subdistrict accessory uses customarily incident to principal uses within the subdistrict and wireless telecommunications antennas subject to §196-26 and §196-35.

    (3)  R-1 (CS) Subdistrict accessory uses customarily incident to principal uses within the subdistrict and wireless telecommunications antennas subject to §196-26 and §196-35.

.
§ 196-15.  R-2 District.

C.  Accessory uses shall be as follows:

    (7)  Wireless telecommunications antennas subject to §196-26 and §196-35.

§ 196-16.  R-3 District.

C.  Accessory uses shall be the same as R-2 Residence District (§196-15).
 

B.  Principal permitted uses shall be as follows:

    (1)  I-1 District

        (f)  Wireless telecommunications towers subject to §196-26 and §196-35.

    (2)  I-1(W) Subdistrict - no change
 
 

C.  Accessory uses shall be as follows:

    (1)  I-1 District

        (d)  Wireless telecommunications antennas subject to §196-26 and §196-35.

    (2)  I-1(W) Subdistrict

        (c)  Wireless telecommunications antennas subject to §196-26 and §196-35.
 

§ 196-18.  I-2 District.

B.  Principal permitted uses shall be as follows

    (5) Wireless telecommunications towers subject to §196-26 and §196-35.

C.  Accessory uses shall be the same as I-1 Industrial District  (§ 196-17).
 

§ 196-19.  CBD District; CBD(H) Subdistrict; CBD(H)(CS) Subdistrict

C.  Accessory uses.

    (5)  Wireless telecommunications antennas subject to §196-26 and §196-35.

§ 196-20.  W  Waterfront District.

B.  The Waterfront District shall include the W(RDV), W(H) and W(N) Subdistricts. Development in the W(RDV) subdistrict is subject to the special use, bulk and parking regulations of the Waterfront at Hoboken Redevelopment Plan as amended December 4, 2002;  the W(H) Historic Subdistrict is subject to review procedures of the Historic Commission; and development in the W(N) Waterfront North Subdistrict is subject to height limitations as specified herein.

C.  Principal permitted uses shall be as follows for W(H) and W(N) Subdistricts:

    (6)  Accessory uses customarily incidental to a principal use and wireless telecommunications antennas subject to §196-26 and §196-35.
 
 

§ 196-23.  Height regulations.

A.  General application and permitted exceptions. No building or structure shall be higher than the height permitted in the district where such building is located. Such limitations shall not apply to roof appurtenances such as flagpoles, radio or television antennas other than satellite dishes, wireless telecommunications antennas, chimneys, elevator or stair bulkheads, mechanical penthouses, parapets or railings up to five (5) feet in height above the roof slab, water tanks or cooling towers or any similar structures, provided that:

    (1) in PUD's and redevelopment areas (where regulations in the Plan are more restrictive, the Plan  will control) and in the R and CBD districts, such roof appurtenances in their aggregate coverage may occupy no more than ten percent (10%) of the roof area of the building and may not exceed a height of fifteen (15) feet above the roof on which they are located; and

    (2) in I-1 and I-2 districts, such roof appurtenances in their aggregate coverage may occupy no more than 50 percent (50%) of the roof area of the building and may not exceed a height of fifteen (15) feet above the roof on which they are located.
 

§ 196-26.  Site plan review.

A.  General conditions

    (1)  Site plan review and approval by the Planning Board shall be required as described below:

        (a)  Site plan review shall be required for:

            [5] Wireless telecommunications towers subject to §196-35.

        (b) Minor site plan review shall  be required for:

            [6] Wireless telecommunications antennas subject to §196-35.

    If the proposed site plan involves one (1) or more zoning discrepancies as specified in N.J.S.A. 40:55D-70d, the applications for site plan approval and zoning ordinance variance shall be submitted to the Zoning Board of Adjustment.
 
 
 

Severability Clause:  In the event that a federal law or state statute should conflict with or invalidate any provision contained in this ordinance amendment, then such law and or statute shall prevail, however, it shall not invalidate the balance of this ordinance amendment.
 
 

Adopted:      Approved:
 
 

__________________________   ________________________
City Clerk      Mayor

Re-Introduced Date:  March 19, 2003