[Amended by Ord. No. 2000-12]
A.
The purpose of this article is to establish guidelines for the siting
of wireless telecommunications towers, antennas and ancillary facilities.
The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse impact
of towers and antennas;
(2)
Encourage the location of towers on Township-owned property where
appropriate or in other nonresidential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single
use towers;
(5)
Encourage the use of existing buildings, telecommunication facilities,
light or utility poles, or water towers as opposed to construction
of new telecommunication 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 telecommunication facilities, including towers, antennas
and ancillary facilities, are located and designed to minimize the
visual impact on the immediate surroundings and throughout the community
by encouraging users of towers and antennas to configure them in a
way that minimizes the adverse visual impact of the tower and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(8)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(9)
Consider the public health and safety of telecommunication towers;
and
(10)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
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.
As used in this article, the following items shall have the
meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles and
similar alternative design mounting structures that camouflage or
conceal the presence of antennas or towers.
The building, cabinets, vaults, closures and equipment required
for operation of telecommunication systems, including but not limited
to repeaters, equipment housing and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within there is a potential hazard from falling debris (such
as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communication service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
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.
A type of mount that is self supporting with multiple legs
and cross bracing of structural steel.
The type of mount that is self-supporting with multiple legs
and cross-bracing structural steel.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this article, including
permitted towers or antennas that have been approved but have not
yet been constructed, so long as such approval is current and not
expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
For the purposes of this article, shall mean the emissions
from personal wireless service facilities or any electromagnetic energy
within the frequency range from 0.003 MHz to 300,000 MHz.
A telecommunication facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving, and relaying voice and data signals from various wireless
communication devices, including transmission towers, antennas and
ancillary facilities. For purposes of this article, amateur radio
transmission of television and radio broadcasts are not "telecommunication
facilities."
The manpole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this article, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not "transmission towers."
Any wireless services as defined in the Federal Telecommunications
Act of 1996 which includes FCC-licensed commercial wireless telecommunications
services including cellular, personal communication services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paying 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.
A.
New towers and antennas. All new telecommunications towers or antennas
in the Township shall be subject to these regulations.
C.
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.
D.
Public property. Antennas or towers located on property owned, leased
or otherwise controlled by the Township shall be encouraged, provided
a license or lease authorizing such antenna or tower has been approved
by resolution by the governing authority. Such approved publicly owned
sites utilized for the purpose of constructing towers and/or antennas
shall be treated as engaging in a conditional use under this article.
E.
Amateur radio station operators/receive-only antennas. This article
shall not govern any tower, or the installation of any antenna, that
is under 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.
F.
Satellite dish antennas. This article shall not govern any parabolic
dish antennas used for transmission or reception of radio signals
associated with satellites.
A.
Principal or accessory use. Telecommunications antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other Township land use regulation, a different existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be the 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 or leased
parcels within such lot.
C.
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 mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
D.
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 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 the 30 days shall constitute
grounds for the removal of the tower or antenna at the owner's expense.
E.
Nonessential services. Telecommunications towers and antennas shall
be regulated and permitted pursuant to this article and shall not
be regulated or permitted as services, public utilities, or private
utilities.
F.
Co-location required. The Township mandates that owners co-locate antennas on towers and other structures whenever possible. See § 410-69 for co-location requirements.
G.
Conditional use. All telecommunications facilities in the Township
shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
H.
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 preexisting
towers, buildings or other structures.
B.
Conditional use standards. Wireless telecommunications facilities
may be permitted on the above reference lands, provided that:
(1)
The minimum lot size on which the telecommunications facility is
to be located is at least five acres in area.
(2)
Lattice towers and any type of guyed tower are prohibited.
(3)
Telecommunications towers shall be limited to monopoles without guys
designed to ultimately accommodate at least three carriers and shall
meet the following height and usage criteria:
C.
Factors considered in granting conditional use permits. In addition
to the above standards, the Planning Board shall consider the following
factors in determining whether to issue a conditional use permit:
(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. This
list is considered to be an illustrative in nature and may not include
all factors to be considered.
[Amended by Ord. No. 2002-24]
The following site design standards apply to wireless telecommunications
facilities:
A.
New towers.
(1)
Telecommunications towers may not be located closer than 500 feet
to any residential zone. Antennas located on preexisting buildings
or structures are exempt from this requirement.
(2)
Fall zone. A fall zone shall be established such that the tower is
set back 150% of the height of the tower from any adjoining lot line
or nonappurtenant 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.
(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
from property used for residences or planned residences or any other
area frequented by the public. 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 view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 on center.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the approving authority.
(c)
Existing mature tree growth and natural land forms 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 enclosing related electronic
equipment shall not be more than 10 feet in height nor more than 200
square feet in area, and only one such building shall be permitted
on the lot for each provider of wireless telecommunication services
located on the site. Such buildings must satisfy the minimum zoning
district setback requirements for accessory structures.
(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.
(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 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 switched so that the light
is turned on only when workers are at the building; and
(b)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (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 (FCC), the Electronic Industries Association
(ETA) and/or the Telecommunication Industry Association (TIA) or by
law, such as warning and equipment information signs.
B.
Antennas mounted on existing structures or rooftops.
(1)
Antennas on Existing Structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office,
utility or institutional structure in the I-1 and I-2 Zone Districts,
provided:
(a)
Side and roof-mounted personal wireless service facilities shall
not project more than 10 feet above the height limit of the zoning
district within which the facility is located. Personal wireless service
facilities may locate 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 building 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 buildings and structures which are less than 48 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure. If the equipment
structure and other equipment and structures shall not occupy more
than 10% of the roof area. 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 and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
C.
Antennas on existing towers. An antenna may be attached to a preexisting
tower in a nonresidential zone and to minimize adverse visual impacts
associated with the proliferation and clustering of towers, co-location
of antennas by more than one 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:
(1)
A tower which is modified or reconstructed to accommodate the co-location
of an additional antenna 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.
D.
Co-location on water towers or standpipes.
(1)
With respect to applications to provide structure-mounted antennas
on an existing or approved water tower or standpipe owned by either
a public or private utility within the Township, any and all antennas
shall be constructed thereon so as the maximum height of such antenna
shall not extend above the height of the tower structure itself nor
below the water storage area of such tower. It is the intention of
this subsection to require that such structure-mounted antenna on
water towers be located around the circumference of the sphere. In
addition, such antenna facilities may only be mounted upon the existing
water tower structure and cannot be mounted upon an existing antenna
structure.
(2)
When the application for antennas is on an existing water tower which
currently contains existing antennas, the applicant shall be required
to match the color of the proposed antenna with the color of the existing
antennas already located on the tower. If no such antenna currently
exists, the antenna color shall match the color of the existing tower
structure.
(3)
Minimum lot requirements for public water towers. Notwithstanding
any other language of this chapter to the contrary, the lot area requirement
for the placement of antennas on any existing or approved water tower
or standpipe owned by the Township or the Ocean Township Municipal
Utilities Authority shall be one acre.
A.
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
standalone facilities. All applicants for site plan approval for a
personal wireless service facility shall demonstrate a good faith
effort to co-locate with other carriers. Such good-faith effort includes:
(1)
A survey of all existing structures that may be feasible sites for
co-locating 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 the county;
(3)
Sharing information necessary to determine if co-location is feasible
under the design configuration most accommodating to co-location;
and
(4)
A copy of a proposed lease or affidavit of compliance with this article.
B.
In the event that co-location is found to be not technically feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Township. The Township may retain a technical expert
in the field of RF engineering to verify if co-location at the site
is not feasible or is feasible given the design configuration most
accommodating to co-location. 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 a good-faith effort to provide
for co-location.
C.
If the applicant does intend to co-locate or to permit co-location,
plans and elevation, which show the ultimate appearance and operation
of the personal wireless facility at full build-out shall be submitted.
Wireless telecommunication facilities shall be located and approved
in accordance with the following prioritized locations:
A.
The first priority shall be an existing tower or an existing or proposed
water tower or standpipe owned by either a public or private utility
within or near the Township.
B.
The second priority shall be new towers on lands owned by the Township
and Ocean Township Municipal Utilities Authority or other public entity.
In addition to the site plan submission requirements of Article XVI of this chapter and other applicable sections of this chapter, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunication facilities:
A.
In order to provide proper evidence that any proposed location of
wireless telecommunications antennas (and any supporting tower and/or
ancillary building 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 applicant shall submit a comprehensive service plan.
The comprehensive service plan shall indicate how the applicant proposes
to provide full service throughout the Township, and to the greatest
extent possible, the service plan shall also indicate how the applicant's
plan is coordinated with the needs of all other providers of telecommunication
services within 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/or near the Township;
(3)
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Township by both the applicant and by other providers of telecommunication
service within the Township;
(4)
How the proposed location of the antennas relates to the objective
of co-locating the antennas of different service carriers on the same
tower;
(5)
How the proposed location of the antennas relates to the overall
objective of providing full telecommunication services within the
Township while, at the same, limiting the number of towers to the
fewest possible.
B.
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 structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this article.
C.
Legal description of the entire tract and leased parcel (if applicable).
D.
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
E.
The separation distance from other towers and antennas.
F.
A landscape plan showing specific landscape materials including,
but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
G.
Method of fencing and finished color and, if applicable, the method
of camouflage.
H.
A description of compliance with all applicable federal, state or
local laws.
I.
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
J.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other telecommunication
sites owned or operated by the applicant in the Township.
K.
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 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.
L.
A visual impact study containing, at a minimum, a photographic simulation
showing the appearance of the proposed tower, antennas, and ancillary
facilities from at least five points within a three-mile radius. Such
points shall be chosen by the carrier with review and approval by
the Planning Board planning consultant to ensure that various potential
views are represented.
M.
An analysis of the RFR levels at the facility as a means of assessing
compliance with the FCC RF safety criteria. This analysis shall:
(1)
Take into consideration all co-located radio-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.
A.
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 shall be signed and certified by a RF engineer,
stating that RFR measurements are accurate and meet FCC Guidelines
as specified in the radio frequency standards section of this bylaw.
B.
The applicant and coapplicant 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.
A.
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, the carrier shall
notify the Township Clerk by certified U.S. Mail of the proposed date
of abandonment or discontinuation of operations. 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.
B.
Upon abandonment or discontinuation of use, at the option of the
Township, the carrier shall physically remove the personal wireless
service within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
C.
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 that the Township must remove the facility.