Township of Plainsboro, NJ Wireless Telecommunications Facilities

Encourage the use of existing buildings, telecommunications towers, light or utility poles and/or towers, or water towers as opposed to construction of new telecommunications towers;

(6)

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

(7)

Ensure that all telecommunications facilities, including towers, antennas and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the Township by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(8)

Consider the public health and safety of telecommunications towers; and

(9)

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

In furtherance of these purposes, the Township shall give due consideration to the Township's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

§ 101-223 Definitions.

As used in this article, the following terms shall have these meanings:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANCILLARY FACILITIES

The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.

ANTENNA

Any exterior device used for transmitting or receiving radio waves used for wireless communications. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BACK-HAUL NETWORK

The lines that connect a provider's towers/cell site to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities, which lies between the tower and adjacent lot lines an/or land uses.

CARRIER

A company that provides wireless services.

COLLOCATION

Two or more receiving and/or transmitting facilities owned or controlled by different companies placed together in the same location or on the same antenna support structure.

FAA

Federal Aviation Administration.

FCC

Federal Communications Commission.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular radio, personal communications service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.

GUYED TOWER

A tower that is supported or braced through the use of cables (guy wires) that are permanently anchored.

HEIGHT

When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.

LATTICE TOWER

A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.

MONOPOLE

The type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform(s) (or racks) for panel antennas arrayed at the top.

MOUNT

The structure or surface upon which antennas are mounted, including the following three types of mounts:

Building-mounted: mounted on the roof or the side of a building.

Ground-mounted: antenna support (tower) mounted on the ground.

Structure-mounted: mounted on or in a structure other than a building.

PERSONAL WIRELESS SERVICE FACILITY

A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

The emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHz to 300,000 MHz.

STEALTH DESIGN

Telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").

WIRELESS TELECOMMUNICATIONS FACILITY

A facility designed and used for the purpose of transmitting, receiving, and relaying voice and/or data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the reception of television and radio broadcasts are not telecommunications facilities.

TELECOMMUNICATIONS OR TRANSMISSION TOWER

The monopole, guyed or lattice framework structure designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas, nor does it include noncellular telephone service.

§ 101-224 Applicability.

New towers and antennas. All new telecommunications towers or antennas in the Township shall be subject to these regulations.

Existing towers or antennas. Existing telecommunications towers and/or antennas shall not be required to meet the requirements of this article other than the requirements of §§ 101-231 and 101-232. However, where any enlargement of a tower and/or additional antennas are proposed, the requirements of § 101-227 shall apply as feasible and practical as determined by the Planning Board.

District height limitations. The requirements set forth in this article shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.

Public property. Towers and antennas located on property owned, leased or otherwise controlled by the Township shall be encouraged where the Planning Board deems such location to be appropriate for such facility and the Township Committee has approved a license or lease authorizing such facility.

Amateur radio station operators/receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or is under 50 feet in height and is used exclusively for receive only antennas.

Satellite dish antennas. This article shall not govern parabolic dish antennas measuring two feet or less in diameter or when used solely for household purposes for the transmission or reception of electromagnetic waves associated with satellites.

§ 101-225 General requirements.

Principal or accessory use. Notwithstanding any other Land Use Regulation, an existing building(s) and use on a lot shall not preclude the installation of a telecommunications tower (including appurtenant structures) and/or antenna on the same lot. If such tower and/or antenna constitute the sole use of the lot, then such use shall be deemed the principal use of the lot; otherwise, the use shall be considered accessory.

Leased area. For purposes of determining whether the installation of a tower or antenna complies with zone 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.

State or federal requirements. All towers 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 article shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days of the effective date of such standards and regulations, unless a different compliance schedule is established by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations, where mandated to do so, shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Not essential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Collocation required. The Township mandates that carriers collocate antennas on towers and other structures whenever possible. See § 101-228 for collocation requirements.

Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Township, including modifications to or addition of new telecommunications facilities to existing towers, buildings or other structures.

§ 101-226 Use regulations.

Permitted use. Wireless telecommunications facilities are permitted in the following areas of the Township:

(1)

On existing nonresidential buildings or structures for collocation of antenna facilities.

(2)

On lands owned, leased or otherwise controlled by the Township.

(3)

On lands located in the R-95, R-100, I-100 and GB Zones and in the FMC Corporation/Princeton HealthCare System Redevelopment Area, as well as on the nonresidential portions of lands located in the PCD and PMUD Zones.

[Amended 11-10-2010 by Ord. No. 0-10-25]

(4)

On catenary structures within the railroad right-of-way and on towers used to support electric power high-tension lines.

Prohibited use. Wireless telecommunications facilities are prohibited on all lands used for public and private schools and on all lands located in the R-85, R-90, R-200, R-300, R-350, VR-1, VR-2, VC, SR, NB, OB-1, ECA, and Cemetery Zones.

[Amended 11-10-2010 by Ord. No. 0-10-25]

Permitted use standards. Wireless telecommunications facilities may be permitted on lands identified in § 101-226A, provided that:

(1)

New lattice towers and any type of guyed tower are prohibited. Existing lattice towers can be increased in height for the purposes of accommodating additional antennas.

(2)

Telecommunications towers shall be limited to monopoles and shall be designed to accommodate at least five carriers. The maximum height of such towers shall be 200 feet or the height above which the FAA would require special painting and/or lighting, whichever is less.

General review standards. In addition to the above standards, the Planning Board may consider the following factors in its review of a site plan for a proposed telecommunications tower:

(1)

Proximity of the tower to residential structures and residential district boundaries;

(2)

Nature of uses on adjacent and nearby properties;

(3)

Surrounding topography;

(4)

Surrounding tree coverage and foliage;

(5)

Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs, which are encouraged;

(6)

Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures;

(7)

Availability of proposed tower to other potential carriers.

§ 101-227 Site design standards.

The following site design standards shall apply to wireless telecommunications facilities:

New towers.

(1)

New telecommunications towers shall not be located closer than 1,000 feet to a residential property line. All antennas located on existing buildings or structures, including towers, are exempt from this requirement.

(2)

Fall zone. A fall zone shall be established such that the tower is setback 110% of the height of the tower from any adjoining lot line or non-appurtenant building.

(3)

Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anticlimbing measures or devices.

(4)

Landscaping. The following requirements shall govern the landscaping surrounding towers:

(a)

Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public and private view by evergreen trees at least 10 feet high at planting and planted in staggered double rows 10 to 15 feet on center.

(b)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be a sufficient buffer.

(5)

Ancillary buildings. Any proposed building(s) enclosing related electronic equipment for one or more carriers shall not exceed 10 feet in height and 200 square feet in area for each carrier at a facility. When a carrier's equipment is to be contained by itself in a separate, individual building, each carrier shall be limited to one such building. Such buildings must satisfy the minimum setback requirements for accessory buildings in the zoning district. Where multiple buildings are proposed at a facility serving multiple carriers, the placement of each such building shall be done in a visually and functionally coordinated manner, with the goal being that of maximizing the number of possible carriers at a facility while minimizing the area of the overall compound required for such facility.

(6)

Aesthetics. Towers and antennas shall meet the following requirements:

(a)

Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness, as determined appropriate by the Planning Board.

(b)

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

(7)

Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:

(a)

The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when authorized personnel are at the building; and

(b)

No lighting is permitted on a tower except lighting that specifically is 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.

(8)

Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (ETA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.

Antennas mounted on existing buildings or structures.

(1)

Antennas on existing buildings or structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional building or structure in the Township, provided that:

(a)

Side- and roof-mounted personal wireless service facilities shall not project more than ten feet above the height of an existing building or structure nor project more than ten feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may be located on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.

(b)

The antenna complies with all applicable FCC and FAA regulations.

(c)

The antenna complies with all applicable codes.

(d)

The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for existing buildings and structures that are less than 35 feet in height, the related unmanned equipment structure shall be located on the ground and not on the roof of the building or structure.

[1]

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% percent of the roof area.

[2]

Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.

(2)

Aesthetics. If an antenna is installed on a structure other than a tower, the antenna, supporting electrical and mechanical equipment, as well as any equipment storage buildings, structures or cabinets, must be of a color that is identical to or closely compatible with the color of the supporting building or structure, so as to make the antenna and related equipment and structures as visually unobtrusive as possible.

(3)

While it is anticipated that antennas mounted on buildings or structures as referenced in § 101-227B(1) above would involve existing buildings or structures, their placement on new buildings or structures is permitted where such facilities are otherwise permitted pursuant to § 101-226A and subject to the requirements of Subsections B(1) and B(2) immediately above.

Antennas on existing towers. An antenna may be attached to an existing tower and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on such towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(1)

A tower that is modified or reconstructed to accommodate the collocation of additional antennas shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.

(2)

An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this article. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

§ 101-228 Collocation.

The Township requires that licensed carriers share personal wireless service facilities and sites, where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate best efforts to collocate with other carriers. Such best efforts shall include:

(1)

A survey of all existing structures that may be feasible sites for collocating personal wireless service facilities;

(2)

Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in Middlesex and Mercer Counties;

(3)

Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation; and

(4)

A copy of a proposed lease or affidavit of compliance with this section.

In the event that collocation is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if collocation is feasible. The cost for such a technical expert will be at the expense of the applicant. The Township may deny approval to an applicant that has not demonstrated best efforts to provide for collocation.

If the applicant does intend to collocate or to permit collocation, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.

§ 101-229 Location priorities.

Special consideration shall be given to wireless telecommunications facilities located in accordance with the following prioritized locations:

The first priority shall be on existing telecommunications towers, existing water towers or standpipes, high-voltage lines support towers, or railroad right-of-way catenary structures, located within or near the Township and owned by either a public or private utility, a railroad corporation, or the Township or other municipality.

The second priority shall be on existing nonresidential buildings and structures in the PMUD and I-100 Zones.

The third priority shall be on existing nonresidential buildings and structures in all other permitted zones.

The fourth priority shall be on new telecommunications towers on lands owned, leased or otherwise controlled by the Township.

§ 101-230 Site plan submission requirements.

In addition to the site plan submission requirements in Chapter 85 of the Township Code, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

Comprehensive service plan. In order to provide proper evidence that any proposed location for a new wireless telecommunications facility (including supporting tower, antennas, and/or ancillary buildings enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township at the time full service is provided by the applicant throughout the Township, the application shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Township and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services both within and near the Township. The comprehensive service plan shall indicate the following:

(1)

Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township.

(2)

How the proposed location of the antennas relates to the location of any existing towers within and near the Township.

(3)

How the proposed location of the facility relates to the anticipated need for additional antennas and supporting towers within and near the Township by both the applicant and by the other providers of telecommunications services within the Township.

(4)

How the proposed location of the antennas relates to the objective of collocating the antennas of different service carriers on the same tower.

(5)

How the proposed location of the facility relates to the overall objective of providing full telecommunications services within the Township, while at the same time limiting the total number of towers in the Township to the fewest possible.

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), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other proposed structure, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this article.

Legal description of the entire tract and leased parcel (if applicable).

The setback distance between the proposed tower and the nearest residential property line and dwelling unit.

The separation distance from other towers and antennas.

A landscape plan showing specific landscape materials, including but not limited to species type, size, spacing and existing vegetation to be removed or retained.

Method of fencing and finished color and, if applicable, the method of camouflage.

A description of compliance with all applicable federal, state or local laws.

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for other carriers, with an estimate as to the total number of collocations possible.

Identification of the entities providing the back-haul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Township.

A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.

A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower with at least three antenna arrays attached thereto, in addition to any visible ancillary facilities, as viewed from at least eight locations within a one to three mile radius of a proposed tower, taken from locations within the Township where such tower will be most visible. Such locations shall be chosen by the carrier with review and approval by the Planning Board or designee to ensure that various potential views are represented.

During the public hearing process, at the request of the Planning Board, the applicant shall schedule a crane or balloon test in order to provide members of the Board and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower.

An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC's RE safety criteria. This analysis shall:

(1)

Take into consideration all collocated radio frequency transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.

(2)

Be performed by a RF engineer, health physicist or similar knowledgeable individual.

(3)

Follow current methods recommended by the FCC for performing such analyses.

§ 101-231 Monitoring and maintenance.

After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet current FCC guidelines.

The applicant and coapplicant, as applicable, shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.

§ 101-232 Abandonment or discontinuation of use.

At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Township Clerk by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.

Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

(1)

Removal of antennas, mount, equipment shelters and security barriers for the subject property.

(2)

Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.

(3)

Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall be handled at the direction of the Township Engineer.

If a carrier fails to remove a personal wireless service facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the Township must remove the facility.