[Added 9-12-2022 by Ord. No. 2022-22; amended 10-17-2022 by Ord. No.
2022-33;12-5-2022 by Ord. No. 2022-38 ]
The purpose of these regulations for the siting, installation,
alteration and maintenance of wireless telecommunications facilities,
as the term is herein defined, is to:
A. Protect residential areas and land uses from potential adverse impacts
of wireless telecommunications facilities;
B. Encourage the location of wireless telecommunications facilities
in appropriate locations;
C. Minimize the total number of wireless telecommunications facilities
throughout the Township of Verona;
D. Strongly encourage the co-location on approved wireless telecommunications
facilities as a primary option rather than construction of new or
additional single-use towers;
E. Encourage users of antenna structures and antennas to locate them,
to the extent possible, in areas where the adverse impact on the residential
community is minimal, particularly to avoid adverse visual impacts
upon residential dwellings;
F. Encourage users of antenna structures and antennas to locate and
configure them in a way that minimizes the adverse visual impact of
the antenna structures and antennas through careful design, siting,
landscape screening and innovative camouflaging techniques;
G. Enhance the ability of the providers of telecommunications services
and emergency services to provide such services to the community quickly,
effectively and efficiently;
H. Avoid potential damage to adjacent properties from structure failure
through engineering and careful siting of antenna structures;
I. Ensure compliance with Federal Communications Commission regulations
concerning eligible facilities requests to modify eligible support
structures; and
J. Ensure compliance with applicable environmental laws and regulations.
For the purposes of this article, the following terms shall
have the meaning indicated below:
BASE STATION, EXISTING
Any lawfully existing structure other than a tower that,
at the time of review or consideration, already supports or houses
lawfully existing FCC-licensed or FCC-authorized wireless transmission
equipment, even if such structure was not initially built for the
sole or primary purpose of supporting or housing wireless transmission
equipment.
BASE STATION, PROPOSED
Any proposed or lawfully existing structure other than a
tower that is being proposed to be used to support or house FCC-licensed
or FCC-authorized wireless transmission equipment and which does not,
at the time of such proposal, already support or house wireless transmission
equipment.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of a wireless
telecommunications tower, or surrounding, adjacent to, within or upon
a wireless telecommunications base station, in which wireless transmission
equipment is located.
WIRELESS TELECOMMUNICATIONS FACILITY
The tower or base station and all wireless transmission equipment
used in connection with any FCC-licensed or FCC-authorized wireless
transmission.
WIRELESS TRANSMISSION EQUIPMENT
Any antennas, including panel or multimodal antennas, small
cell systems [such as exterior or interior DAS (distributed antenna
systems)], or dish microwave antennas that are used in connection
with any FCC-licensed or FCC-authorized wireless transmission, and
all other equipment associated with and necessary to their operation,
including wires, cables, cabinets, and backup power equipment.
All new wireless telecommunications facilities, including towers,
antennas, distributed antenna systems (DAS) (also referred to as a
microcell, booster or repeater antenna system) on private property
and publicly owned lands, but not in the Township right-of-way, shall
be subject to the regulations of this article, except as otherwise
provided herein.
A. The provisions of this article shall not govern any antenna that
is owned and operated by a federally licensed amateur radio station
operator or is used exclusively as a receive-only antenna in accordance
with Federal Communications Commission regulations.
B. The provisions of this article shall not govern over the air reception
devices (OTARDs), including dish antennas which are less than 39.37
inches in diameter, and television reception antennas, pursuant to
section 207 of the TCA and 47 CFR 1.400.
An eligible facilities request that does not substantially change
the dimensions of an existing wireless telecommunications facility
shall comply with the following:
A. Reviewing authority. The Township Zoning Officer is the reviewing
authority for eligible facilities requests involving no substantial
change. The Township Telecommunications Consultant will assist the
Township Zoning Officer in all aspects of the implementation of this
article.
B. Fee. The application fee for an eligible facilities request involving
no substantial change is specified in the section of this article
entitled "Fees." The fee must be paid to the Zoning Officer prior
to the issuance of the applicable zoning permit.
C. Application. An application for an eligible facilities request involving
no substantial change must include a completed zoning permit application,
a plan drawn by an engineer or architect depicting the existing tower
or base station and all proposed facilities and modifications, and
other documentation as necessary to demonstrate that the request qualifies
as an eligible facilities request and involves no substantial change
as defined in this article.
D. Filing. Applications for eligible facilities requests involving no
substantial change must be filed with the Zoning Officer in paper
format via mail, overnight delivery, or hand delivery, and also in
electronic (.pdf or .doc) format via email, and copied simultaneously
to the Planning Board in both formats.
E. Prior municipal approvals. Applications for eligible facilities requests
involving no substantial change must confirm, to the Zoning Officer's
satisfaction, that the existing tower or base station, and all existing
wireless telecommunication facilities located thereon, are lawfully
in existence, and have been previously granted all necessary municipal
land use and development approvals.
F. Owners' consent. Applications for eligible facilities requests involving
no substantial change must confirm that the owner of the subject property,
whether or not within a public right-of-way, and the owner of the
subject tower or base station have given prior written consent to
the proposed facilities and modifications.
G. Federal laws. When reviewing an eligible facilities request involving
no substantial change, the Zoning Officer, and any other Township
personnel designated to administer and review said request, shall
apply the definition contained in 47 U.S.C. § 1455, as interpreted
by the FCC and defined herein. The Zoning Officer shall, when appropriate,
rely on the Telecommunications Consultant in the application and interpretation
of the foregoing.
H. Request for additional information. If, based on his or her review
of the application in consultation with the Planning Board and Telecommunications
Consultant, as needed, the Zoning Officer concludes that additional
information is needed to determine whether the application can be
approved, the Zoning Officer may request such additional information
from the applicant. However, the applicant may refuse to provide such
information if such information is not necessary to determine whether
or not the proposed modification constitutes an eligible facilities
request as the term is herein defined.
I. Interim denial pending further review. If the Zoning Officer is unable to reach a decision, per Subsection
J below, within 10 business days following the date the application was initially received by the Zoning Officer, the Zoning Officer shall, within the ten-business-day period, issue a written notice of denial specifying that the application is denied for purposes of N.J.S.A. 40:55D-18 pending further review and final decision pursuant to the applicable section of this article.
J. Decision.
(1)
Approval. If, based on his or her review of the application,
and the advice and recommendations received from the Telecommunications
Consultant, as applicable, the Zoning Officer concludes that the application
proposes an eligible facilities request, the Zoning Officer shall
approve the application.
(2)
Disapproval. If, based on his or her review of the application,
and the advice of the Planning Board and the Telecommunications Consultant,
the Zoning Officer concludes that the application does not propose
an eligible facilities request, and involves a substantial change
to the existing eligible support structure or wireless telecommunications
facility, then the Zoning Officer must deny the application and refer
the applicant to the applicable provisions of this article pertaining
to modifications to existing eligible support structures that are
not an eligible facilities request and which involve a substantial
change to the existing facility.
K. Deadline for final decision. The Zoning Officer shall issue a written
final decision on the application no less than 60 days following the
date the application was initially received by the Zoning Officer.
The decision may be issued via mail, email, overnight delivery, or
hand delivery. The deadline for decision may be tolled or waived only
upon the applicant's written consent; and once given, such consent
may be withdrawn by the applicant at any time upon written notice
to the Zoning Officer, provided that any such withdrawal, if given
less than 10 days prior to the deadline expiration date, must allow
the Zoning Officer at least 10 days to decide the application following
the Zoning Officer's receipt of the consent withdrawal.
L. Deemed approved. Failure to decide an application within the sixty-day
decision deadline or any extension thereof will constitute an automatic
approval of the application as filed.
M. Form of final decision. The Zoning Officer shall memorialize his
or her final decision by written approval or denial of the zoning
permit application. The approval or denial must include a list of
the plans and documents that comprised the application, with references
to the dates, titles, and other descriptive features of those plans
and documents.
A request to modify a wireless telecommunications facility that
substantially alters the existing dimensions shall comply with the
following:
A. Reviewing authority. The Township Planning Board is the reviewing
authority for modifications to eligible support structures that involve
substantial change.
B. Fees and review escrow deposits. Applicants for modifications to
eligible support structures that involve substantial change must pay
fees and review escrow deposits applicable for site plan review or
waiver and all requested variances (and subdivision, if applicable),
as well as the application fee and initial review escrow deposit specified
for eligible support structure modification with substantial change.
All fees and review escrow deposits must be paid to the Planning Board
Secretary when the application is filed.
C. Application. An application for a modification to an eligible support
structure involving substantial change must include all completed
application forms for site plan review or waiver and all requested
variances and may also include any other documentation reasonably
necessary for the Planning Board to render a decision.
D. Filing. Applications for modification to an eligible support structure
involving substantial change must be filed with the Planning Board
according to the Planning Board's requirements for all development
applications involving site plan review or waiver and variances.
E. Federal laws. When reviewing a modification to an eligible support
structure involving substantial change, the Planning Board Planner
will apply as appropriate the applicable provisions of 47 U.S.C. § 332(c)(7)
of the Communications Act of 1996; 47 U.S.C. § 1455 of the
Spectrum Act; Federal Communications Commission Declaratory Ruling
under WT Docket No. 08-165, adopted November 18, 2009; Federal Communications
Commission Report and Order under WT Docket Nos. 13-238 and 13-32,
and WC Docket No. 11-59, adopted October 17, 2014; and any subsequent
applicable statutory or regulatory enactments; agency rulings or reports;
and court opinions.
F. Compliance review. The Telecommunications Consultant will provide a compliance review of the application pursuant to §
150-24.9 herein.
G. Development standards. When reviewing an application, the Planning Board shall consider whether said application is in compliance with the applicable §
150-24.11, Development standards, and § 150-24.12, Site design standards, applicable to all facilities, and shall make reasonable compliance with same a condition of approval.
H. Completeness review and deadline. Completeness review of applications
under this article will be conducted by the Planning Board Attorney
in consultation with the Planning Board Engineer, the Planning Board
Secretary and the Telecommunications Consultant, as required. The
deadline for completeness review, which is based on federal laws and
regulations as opposed to the New Jersey Municipal Land Use Law, is
30 days. If the Planning Board Attorney notifies the applicant of
completeness deficiencies in writing within the thirty-day period,
the deadline is tolled, but not reset. Subsequent incompleteness determinations
must be issued in writing within 10 days following any subsequent
submission. Unless certified complete or incomplete by the Planning
Board Attorney within the thirty-day period from filing (or within
the ten-day period from a subsequent submission), the application
will be deemed complete upon expiration of the thirty-day period from
filing (or upon expiration of the ten-day period from subsequent submission).
The completeness deadline may be tolled or waived only upon the applicant's
written consent; and once given, such consent may be withdrawn at
any time by the applicant upon written notice to the Planning Board
Attorney.
I. Scheduling of hearing. Immediately following a certification or deeming
of completeness of a request to modify an eligible support structure
involving substantial change, the Planning Board Attorney shall confer
with the applicant's attorney or other authorized representative and
the Planning Board Secretary to schedule the application hearing for
a mutually acceptable hearing date, provided that the hearing date
shall be no later than 90 days following the application's initial
filing date. Notice of the hearing shall be mailed and published by
the applicant as required by the New Jersey Municipal Land Use Law.
J. Deadline for decision. The Planning Board must render its decision
on a request to modify an eligible support structure involving substantial
change no later than 90 days following the application's initial filing
date. If the Planning Board believes that the applicant has provided
insufficient information for approval of the application, and if the
applicant will not provide the additional information and/or extend
the ninety-day decision deadline as necessary for the Planning Board
to continue its review, the Planning Board must deny the application
within the ninety-day decision deadline. The deadline for decision
may be tolled or waived only upon the applicant's written consent;
and once given, such consent may be withdrawn by the applicant at
any time upon written notice to the Planning Board Attorney, provided
that any such withdrawal, if given less than 35 days prior to the
decision deadline, must grant an extension of the decision deadline
as necessary to allow the Planning Board to schedule the hearing for
the next regular Planning Board meeting, with adequate time for the
applicant to mail and publish notice as required by the New Jersey
Municipal Land Use Law.
K. Deemed approved. Failure to decide the application within the decision
deadline or any extension thereof will constitute an automatic approval
of the application as filed.
L. Form of decision. The Planning Board shall memorialize the decision
by written resolution as required by, and within the time period specified
by, N.J.S.A. 40:55D-10(g).
New telecommunications facilities and towers shall comply with
the following:
A. Reviewing authority. The Township Planning Board is the reviewing
authority for all applications for the construction or installation
of wireless telecommunications facilities, as defined herein, that
are not eligible facilities requests, and which do not involve an
eligible support structure, including any request for modification
of an unlawfully existing wireless telecommunications tower or unlawfully
existing base station or the wireless telecommunications facilities
located thereon, or any request for installation of a wireless telecommunications
facility at a proposed base station, as defined herein, or the installation
of a new wireless telecommunications facility at a previously unutilized
location.
B. Term defined. For purposes of this article, such applications will
be referred to generally as "wireless telecommunications facility
siting applications."
C. Fees and review escrow deposits. Applicants for wireless telecommunications
facility siting applications must pay fees and review escrow deposits
applicable for site plan review or waiver and all requested variances
(and subdivision, if applicable), as well as the fee and initial review
escrow deposit specified for a wireless telecommunications facility
siting application. All fees and review escrow deposits must be paid
to the Planning Board Secretary when the application is filed.
D. Application. A wireless telecommunications facility siting application
must include all completed application forms for site plan review
or waiver and all requested variances (and subdivision, if applicable).
E. Filing. Wireless telecommunications facility siting applications
must be filed with the Planning Board according to the Planning Board's
requirements for all development applications involving site plan
review or waiver and variances (and subdivision, if applicable).
F. Federal laws. When reviewing a wireless telecommunications facility
siting application, the Planning Board Attorney will utilize, as applicable,
the relevant provisions of 47 U.S.C. § 332(c)(7) of the
Communications Act of 1996; 47 U.S.C. § 1455 of the Spectrum
Act; Federal Communications Commission Declaratory Ruling under WT
Docket No. 08-165, adopted November 18, 2009; Federal Communications
Commission Report and Order under WT Docket Nos. 13-238 and 13-32,
and WC Docket No. 11-59, adopted October 17, 2014; and any subsequent
applicable statutory or regulatory enactments; agency rulings or reports;
and court opinions.
G. Compliance review. The Telecommunications Consultant will provide a compliance review of the application pursuant to §
150-24.9 herein.
H. Siting and development standards. When reviewing a wireless telecommunications facility siting application, the Planning Board shall consider whether said application is in compliance with the applicable §
150-24.10, Location preference, §
150-24.11, Development standards, and § 150-24.12, Site design standards applicable to all facilities, and shall make reasonable compliance with same a condition of approval.
I. Completeness review and deadline. Completeness review of applications
for wireless telecommunications facilities siting will be conducted
by the Planning Board Attorney in consultation with the Planning Board
Engineer, the Planning Board Planner, and the Planning Board Secretary.
The deadline for completeness review, which is based on federal laws
and regulations rather than the New Jersey Municipal Land Use Law,
is 30 days. If the Planning Board Attorney notifies the applicant
of completeness deficiencies in writing within the thirty-day period,
the deadline is tolled, but not reset. Subsequent incompleteness determinations
must be issued in writing within 10 days following any subsequent
submission. Unless certified complete or incomplete by the Planning
Board Attorney within the thirty-day period from filing (or within
the ten-day period from a subsequent submission), the application
will be deemed complete upon expiration of the thirty-day period from
filing (or upon expiration of the ten-day period from subsequent submission).
The completeness deadline may be tolled or waived only upon the applicant's
written consent; and once given, such consent may be withdrawn at
any time by the applicant upon written notice to the Planning Board
Attorney.
J. Scheduling of hearing. Immediately following a certification or deeming
of completeness of a wireless telecommunications facility siting application,
the Planning Board Attorney shall confer with the applicant's attorney
or other authorized representative and the Planning Board Secretary
to schedule the application hearing for a mutually acceptable hearing
date, provided that the hearing date must be no later than 150 days
following the application's initial filing date, or no later than
120 days following a certification or deeming of completeness pursuant
to N.J.S.A. 40:55D-10.3, whichever is earlier. Notice of the hearing
must be mailed and published by the applicant as required by the New
Jersey Municipal Land Use Law.
K. Deadline for decision. The Planning Board shall render its decision
on a wireless telecommunications facility siting application no later
than 150 days following the application's initial filing date, or
no later than 120 days following a certification or deeming of completeness
pursuant to N.J.S.A. 40:55D-10.3, whichever is earlier. If the Planning
Board believes that the applicant has provided insufficient information
for approval of the application, and if the applicant will not provide
the additional information and/or extend the 150- or 120-day decision
deadline as necessary for the Planning Board to continue its review,
the Planning Board must deny the application within the 150- or 120-day
decision deadline. The deadline for decision may be tolled or waived
only upon the applicant's written consent; and once given, such consent
may be withdrawn by the applicant at any time upon written notice
to the Planning Board Attorney, provided that any such withdrawal,
if given less than 35 days prior to the decision deadline, must grant
an extension of the decision deadline as necessary to allow the Planning
Board to schedule the hearing for the next regular Planning Board
meeting, with adequate time for the applicant to mail and publish
notice as required by the New Jersey Municipal Land Use Law. Failure
to decide the application within the decision deadline or any extension
thereof will constitute an automatic approval of the application as
filed.
L. Form of decision. The Planning Board shall memorialize the decision
by written resolution as required by, and within the time period specified
by N.J.S.A. 40:55D-10(g).
A. Review of applications for eligible facilities requests. The Township
shall review the application in light of its conformity with applicable
provisions of this article, and shall issue a zoning permit on nondiscriminatory
terms and conditions, subject to the following requirements:
(1)
The Township shall act consistent with the following shot clock
dates:
(a)
Review of an application to co-locate a small wireless facility,
as the term is defined in the Township Code, using an existing structure:
60 days.
(b)
Review of an application to co-locate a facility other than
a small wireless facility using an existing structure: 90 days.
(c)
Review of an application to deploy a small wireless facility
using a new structure: 90 days.
(d)
Review of an application to deploy a facility other than a small
wireless facility using a new structure: 150 days.
B. Commencement of shot clock. The shot clock time frames referenced
above begin upon submission by the applicant of required documentation
for the first procedural step in the approval process, or when the
applicant submits sufficient documentation to demonstrate compliance
with Section 6409(a) of the Spectrum Act, whichever comes first.
(1)
For an eligible facilities request with no substantial change,
the shot clock commences upon submission of all documentation required
for a zoning permit application.
(2)
For request to modify an eligible support structure that involves
substantial change, the shot clock commences upon submission of all
documentation required for site plan approval, and any variances that
may be required.
(3)
For an application to install new wireless telecommunications
facilities that is not an eligible facilities request or a modification
of an eligible support structure, the shot clock commences upon submission
of the required site plan and variance documentation required by the
Planning Board, and which may vary based upon the zoning district
in which the facility is proposed.
(4)
The shot clock commences for all three instances upon application
submission and not upon a determination of application completeness
by the Township.
C. Tolling period: Unless a written agreement between the applicant and the Township provides otherwise, the tolling period for an application (if any) is as set forth in Subsection
C(1) through
(3) of this article:
(1)
For an initial application to deploy Small Wireless Facilities,
if the Township notifies the applicant on or before the 10th day after
submission that the application is materially incomplete, and clearly
and specifically identifies the missing documents or information and
the specific rule or regulation creating the obligation to submit
such documents or information, the shot clock date calculation shall
restart at zero on the date on which the applicant submits all the
documents and information identified by the Township to render the
application complete.
(2)
For all other initial applications, the tolling period shall
be the number of days from:
(a)
The day after the date when the Township notifies the applicant
in writing that the application is materially incomplete and clearly
and specifically identifies the missing documents or information that
the applicant must submit to render the application complete and the
specific rule or regulation creating this obligation; until.
(b)
The date when the applicant submits all the documents and information
identified by the siting authority to render the application complete;
(c)
But only if the notice pursuant to the applicable section of
this article is effectuated on or before the 30th day after the date
when the application was submitted; or
(3)
For resubmitted applications following a notice of deficiency,
the tolling period shall be the number of days from:
(a)
The day after the date when the Township notifies the applicant
in writing that the applicant's supplemental submission was not sufficient
to render the application complete and clearly and specifically identifies
the missing documents or information that need to be submitted based
on the Township's original request under the applicable section of
this article; until
(b)
The date when the applicant submits all the documents and information
identified by the Township to render the application complete;
(c)
But only if the notice pursuant to the applicable section of
this article is effectuated on or before the 10th day after the date
when the applicant
The term "eligible facilities request" shall have the following
definition:
A. A request for a modification, as set forth in this §
150-24.8, of a lawfully existing wireless telecommunications tower or lawfully existing base station that does not substantially change the physical dimensions of such tower or base station as set forth in Subsection
D herein, if approved by the Township Zoning Officer, pursuant to the procedures set forth herein.
B. Any eligible facilities request for modification of an unlawfully existing wireless telecommunications tower or an unlawfully existing base station, or for modification of a lawfully existing wireless telecommunications tower or lawfully existing base station that does substantially change the physical dimensions of such tower or base station as set forth in this §
150-24.8 herein, is prohibited. See §§
150-24.5 and
150-24.6 herein for procedures applicable to applications for wireless telecommunications facilities which are not eligible facilities requests.
C. An eligible facilities request is any request does not involve a
substantial change to an eligible support structure and involves the
following:
(1)
Co-location of new wireless transmission equipment;
(2)
Removal of wireless transmission equipment; or
(3)
Replacement of wireless transmission equipment.
D. A substantial change to the physical dimensions of an existing tower
or base station is any change meeting the following criteria as measured
against the dimensions of the tower or base station as of the date
of its initial construction or as of February 21, 2012, whichever
is later.
(1)
Increase in height. An increase in the height of an existing
tower or an existing base station constitutes a substantial change:
(a)
For towers, if the increase in height is more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater,
with the twenty-foot separation between the proposed antenna array
and nearest existing antenna to mean the distance from the top of
the highest existing antenna on the tower to the bottom of the proposed
new antenna to be deployed above it; and
(b)
For base stations, if the increase in height is more than 10%
of the height of the eligible support structure or 10 feet, whichever
is greater.
(2)
Increase in width. An increase in the width of an existing tower
or an existing base station constitutes a substantial change:
(a)
If the increase would extend or protrude from the edge of the
tower more than 20 feet, or more than the width of the tower as measured
at the level of the increase, whichever is greater; and
(b)
If the increase would extend or protrude from the edge of an
existing base station by more than six feet.
(3)
Increase in equipment cabinets. The addition of equipment cabinets
constitutes a substantial change if it involves one or more of the
following:
(a)
Installation of ground cabinets that are more than 10% larger
than existing cabinets at the facility.
(b)
Installation of more than the standard number of new equipment
cabinets for the technology involved, or more than four cabinets,
whichever is less.
(c)
Each separate application request constitutes a separate determination
of the number of cabinets and the expansion of size beyond the existing
facility, and is not factored as part of a cumulative total which
applies to all applications for development.
(4)
Excavation or deployment outside of current site: Excavation
or deployment of equipment outside the current site of an existing
tower or existing base station constitutes a substantial change when
required for a proposed co-location, if such excavation or deployment
of equipment increases the square footage of the equipment compound
to an area greater than 2,500 square feet, pursuant to the standards
established in the New Jersey Collocation Law, with "site" referring
to, for towers, the leased or owned property surrounding the tower
and any access or utility easements which serve the site, and to other
supporting structures as the area in proximity to the structure and
to equipment already deployed on the ground, except that modification
of an existing site that entails ground excavation or deployment of
transmission equipment up to 30 feet in any direction outside a tower's
site constitutes an eligible facilities request that is not a substantial
change. With "site" referring to the current boundaries of a facility
that existed as of the date of the original support structure or a
modification to that structure that was last reviewed and approved
by the Township, if the approval or modification occurred prior to
the Spectrum Act or outside of the Section 6409(a) process.
(5)
Defeat of existing concealment elements: If the existing concealment
elements of an existing tower or existing base station would be defeated
by a proposed co-location, as determined by a reasonable person viewing
the structure and its intended concealment design as no longer effective
after the co-location, the proposed co-location constitutes a substantial
change.
(6)
Failure to comply with prior conditions: A substantial change
occurs if the proposed co-location fails to comply with conditions
associated with the prior approval of the existing tower or existing
base station, unless such noncompliance is due to an increase in height,
an increase in width, an addition of cabinets, or a new excavation
or deployment of equipment that does not exceed the corresponding
substantial change thresholds set forth above.
The application fees shall be as follows:
A. Eligible facilities request with no substantial change: $300.
B. Modification to an eligible support structure that involves a substantial
change: Shall be pursuant to the Township land development fee schedules
for minor site plan review and conditional use approval before the
Planning Board, with the added provision that any such development
review by the Planning Board shall be accompanied by a compliance
review by the Township Telecommunications Consultant at a rate of
$350/hour, not to exceed the reasonable amount of time necessary to
review an application commensurate with its complexity and unique
characteristics.
C. New wireless telecommunications facilities. Shall be pursuant to
the Township land development fee schedules for major site plan review
and conditional use approval. With the added provision that any such
development review by the Planning Board shall be accompanied by a
compliance review by the Township Telecommunications Consultant at
a rate of $350/hour, not to exceed the reasonable amount of time necessary
to review an application commensurate with its complexity and unique
characteristics.
D. Telecommunications Consultant review applicable to all applications,
including eligible facilities requests with no substantial change,
to ensure compliance with the following:
(1)
The provisions of this article;
(2)
Provision of a determination to the Zoning Officer as to whether
an application constitutes an eligible facilities request;
(3)
Additional applicable land use regulations of the Township;
(4)
Applicable state and federal laws and regulations;
(5)
Applicable federal laws and regulations; and
(6)
Fee: $350/hour, not to exceed the reasonable amount of time
needed to review and make a determination based on the complexity
of each specific application.
If required for the provision of wireless communications service
within the Township, new wireless telecommunications facilities shall
be permitted as a conditional use requiring site plan approval at
the following prioritized locations:
A. The first priority location shall be lands or structures owned by
the Township.
B. The second priority location shall be co-location on existing Wireless
Telecommunications Facility towers (or existing water tanks), provided
that the new installation does not increase the height by more than
10%.
C. The third priority shall be in commercial, business and industrial
districts.
D. The fourth priority location shall be other locations in the Township
as the applicant demonstrates that such locations are essential to
provide required service to Township residents.
E. Commercial, business and industrial districts shall be prioritized
over residential areas and undeveloped space and historical or environmentally
sensitive districts.
F. Locations distant from residential, undeveloped and historically
or environmentally sensitive areas shall be favored over locations
closer to said areas. Applicant will exhaust options further from
such areas before utilizing locations closer to or within said areas.
G. It is the intention of this article that the installation, modification,
maintenance and operation of wireless telecommunications facilities
is prohibited on or within open space. For purposes of this article,
"open space" shall be defined as any parcel or area of land or water
essentially unimproved and set aside, dedicated, designated or reserved
for public or private use or enjoyment or for the use and enjoyment
of owners and occupants of land adjoining or neighboring such open
space, provided that such areas may be improved with only those buildings,
structures, streets and off-street parking and other improvements
that are designed to be incidental to the natural openness of the
land.
H. Except as specified in Subsection
G above, no zoning or other established land use district shall outright prohibit wireless telecommunications facilities and in no district are same a permitted use requiring only ministerial construction permits.
I. In the event of a conflict between district zoning regulations and
the regulations of this article, the regulations of this article shall
control.
J. As a condition of approval, applicants shall first exhaust options
in preferred locations before considering less preferred locations,
and shall provide reasonable evidence of same to the Planning Board,
upon request.
To the extent possible while remaining compliant with federal
laws and regulations, applications to install wireless telecommunications
facilities or modify same shall comply with the following development
standards:
A. Height standards. Where permitted, wireless telecommunications facilities
may exceed the maximum building height limitations of the applicable
zoning district, provided the height has the least visual impact and
is not greater than required to achieve service area requirements
and potential co-location, when visually appropriate. Wireless telecommunications
facilities equipment compounds, shelters and platforms are limited
to 12 feet in height. A maximum height of 60 feet is permitted for
new wireless telecommunications towers. A maximum height of 10 feet
above the height of an existing structure is permitted for new base
stations.
B. Setback standards. All wireless telecommunications facilities shall
be subject to the minimum yard requirements of the zoning district
in which they are located, provided the minimum setback may be increased
where necessary to address safety concerns including, but not limited
to, the fall radius of a freestanding tower or monopole. If wireless
telecommunications facilities are located on the roof of a building,
the area of the equipment cabinets, shelters and other equipment and
structures shall not occupy more than 25% of the roof area. The location
on the roof for same shall be determined on a case-by-case basis and
shall be decided based on the rooftop location which causes the least
visual effect on the surrounding streetscape and community, while
adhering to rooftop structural and safety standards and limitations.
C. Visual impact. All wireless telecommunications facilities shall be
located to minimize visual impacts on the surrounding area. When considering
visual impact of roughly equal degree in comparative locations, locations
in a higher priority category shall be deemed more acceptable than
lower priority sites.
D. Applicants must demonstrate that the proposed wireless telecommunications
facility location provides the least visual impact on residential
areas and public ways. All potential visual impacts must be analyzed
to illustrate the selected site provides the best opportunity to minimize
the visual impact of the proposed facility.
E. Wireless telecommunications facilities should be located to avoid
being visually solitary or prominent when viewed from residential
areas and the public way. The facility should be obscured by vegetation,
tree cover, topographic features and/or other structures to the maximum
extent feasible.
F. Wireless telecommunications facilities shall be placed to ensure
that historically significant viewscapes, streetscapes and landscapes
are protected. The views of and vistas from architecturally and/or
significant structures should not be impaired or diminished by the
placement of telecommunications facilities.
G. As a condition of approval, applicants shall include with any submission
evidence of compliance with these development standards.
The following design standards shall apply to wireless telecommunications
facilities installed, altered or modified pursuant to the terms of
this article:
A.
Fencing and other safety devices. Wireless telecommunications
facilities shall be surrounded by a security feature such as a fence,
including ground-level equipment appurtenant to a building-mounted
antenna installation. All towers shall be designed with anticlimbing
devices in order to prevent unauthorized access. All fences, cabinets,
and equipment shelters must remain securely locked. Additional safety
devices shall be permitted or required, as needed, and as approved
by the Township.
B.
Landscaping. Landscaping shall be provided along the perimeter
of the security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All facilities shall be screened
by an evergreen hedge eight to 10 feet in height at planting time
and/or a solid fence eight feet in height.
C.
Signs. Signs shall not be permitted except for signs displaying
owner contact information, warnings, equipment information and safety
instructions. Such signs shall not exceed two square feet in area.
No commercial advertising shall be permitted on any wireless telecommunications
facility.
D.
Color. The color of a facility shall be of a color appropriate
to the tower's locational context and to make it as unobtrusive as
possible, unless otherwise required by the Federal Aviation Administration
(FAA).
E.
Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site, access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the Township.
F.
Dish antennas. Dish antennas shall be colored, camouflaged or
screened to make them as unobtrusive as possible, and in no case shall
the diameter of a dish antenna exceed six feet.
G.
Lighting. No lighting is permitted except as follows:
(1)
Wireless telecommunications facilities compounds and shelters
enclosing electronic equipment may have security and safety lighting
at the entrance, provided that the light is attached to the facility,
is focused downward and is on timing devices and/or sensors so that
the light is turned off when not needed for safety or security purposes;
and
(2)
No lighting is permitted on a tower or other supporting structure
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.
(3)
Indicator lights on cabinets and other equipment shall not be
visible from public view.
H.
Monopole. Any proposed new telecommunications tower shall be
a monopole unless the applicant can demonstrate that a different type
pole is necessary for the co-location of additional antennas on the
tower. Such towers may employ camouflage technology. The use of concealment
type poles is encouraged.
I.
Noise. No equipment shall be operated so as to produce noise
in excess of the limits set by the local ordinances pertaining to
noise levels, nuisances and property maintenance, except for in emergency
situations requiring the use of a backup generator. The routine cycling
and maintenance of any backup generator shall comply with these noise
standards.
J.
Radio frequency emissions. The TCA gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission, and wireless
telecommunications facilities which meet the FCC standards shall not
be conditioned or denied on the basis of RF impacts. Applicants shall
provide current FCC information concerning wireless communications
facilities and radio frequency emission standards. Applicants shall
be required to provide information on the projected power density
of the proposed facility and demonstrate how this meets the FCC standards.
K.
Structural integrity. Wireless telecommunications facilities
must be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision H Standard, entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures," (or equivalent), as it may be updated or amended.
L.
Unused facilities. Unused cabinets, cabling, antennas, and mounting
hardware shall be removed within six months of discontinuance of use,
unless the user has a bona fide intention to resume use within 12
months of such discontinuance.
M.
Compliance. To the extent possible, as a condition of approval,
applicants shall include with any submission evidence of compliance
with these site design standards.
The following design standards shall apply to wireless telecommunications
facilities mounted on buildings and rooftops and which are installed,
altered or modified pursuant to the terms of this article:
A.
Antennas shall be screened or hidden from the public view by
the following methods:
(1)
Designed as architectural elements, screened with enclosures,
paint, or wrapping.
(2)
Screening materials shall consist of materials and colors consistent
with the surrounding backdrop and/or textured to match the existing
structure.
(3)
Antennas mounted on a rooftop shall be set back from the parapet.
B.
Antennas mounted on architecturally significant structures or
architecturally significant details of the building shall be covered
with appropriate casings, which are manufactured to match existing
architectural features found on the building.
C.
Where feasible, antennas should be placed directly above, below,
or be incorporated with vertical design elements of a building to
help in camouflaging.
D.
Where feasible, equipment cabinets and vertical cable runs shall
be located inside an existing structure. An application to locate
cabinets or cable runs outside the structure shall provide an exhibit
demonstrating why an indoor location is not feasible. Any outdoor
cable run must be located on the side of the building least exposed
to public view.
E.
Rooftop cabinets or shelters shall be fully screened or architecturally
integrated into the design of the structure to minimize visibility
from the ground or occupiable portions of nearby buildings.
F.
All exposed cables, conduits, surface-mounted wires, cable trays,
and mounting hardware shall be concealed or painted to match the building.
G.
The design of screening enclosures shall be architecturally
compatible with the building and shall not substantially increase
its visual bulk.
Facilities shall be maintained to assure their continued structural integrity and to ensure they do not create a visual nuisance, including compliance with the applicable provisions of this article and any applicable provisions of Chapter
390, Property Maintenance, of the Township Code. This may include, but is not limited to, trimming required hedges and other vegetation surrounding a facility, as well as a routine visual inspection to ensure the tower or supporting structure has not fallen into any state of disrepair so as to create an unsightly or hazardous condition. This maintenance provision applies especially after a natural disaster, flood, nor' easter, hurricane or other weather event which may negatively impact the facility.
A. On an annual basis, applicants shall certify that all of their wireless
telecommunications facilities installed and maintained within the
Township comply with the provisions and standards of this article
as well as any other applicable land use regulation of the Township.
A. Any wireless telecommunications facilities lawfully existing at the
time of the adoption of the provisions of this article shall be permitted
to continue operating and shall not be required to comply with the
provisions of this article except at such time as any such lawfully
existing wireless telecommunications facility is intended to be altered,
modified, expanded or replaced, at which time said wireless telecommunications
facility shall thereafter be required to comply with the provisions
of this article.
B. Nonconforming wireless telecommunications facilities which are partially
damaged or destroyed due to any reason or cause may be repaired and
restored to their former use, location and physical dimensions, subject
to obtaining a building permit, but without otherwise complying with
this article. If the destruction is greater than partial, then repair
or restoration will require compliance with this article.
C. The owner of any nonconforming wireless telecommunications facility
may repair, rebuild and/or upgrade such facility (but not expand or
increase its height or reduce its setbacks) in order to improve the
structural integrity of the facility, to allow the facility to accommodate
co-located antennas or facilities, or to upgrade the facilities to
current engineering, technological or communications standards, without
having to conform to the provisions of this article.
Violation of any of the provisions of this article shall be
a simple citation punishable with a civil penalty of $500 for each
violation which continues more than 10 days after written notice of
such violation is provided to the applicant. Each day after such notice
that a violation occurs or is permitted to exist by the applicant
constitutes a separate offense.
This article is intended to govern the installation, placement, maintenance, modification, upgrade and repair of wireless telecommunications facilities that are within the Township but not located in the Township right-of-way. The placement of telecommunications equipment within the public right-of-way shall be governed by other applicable codes and ordinances of the Township, including Chapter
525, Small Wireless Facilities in the Right-of-Way.
Any wireless telecommunications facility that is not operated
for a continuous period of 12 months shall be considered abandoned.
If there are two or more users of a single facility, then the abandonment
shall not apply to the common elements of the facility until all users
cease using the facility for a continuous period of 12 months. The
owner of such facility shall remove same within 90 days of notice
from the Zoning Officer that the facility is abandoned. If such facility
is not removed within said 90 days, the municipality may remove such
facility at the property owner's expense. If the facility is to be
retained, the owner shall establish that the facility will be reused
within one year of such discontinuance. If a facility is not reused
within one year, a demolition permit shall be obtained and the facility
removed. At the discretion of the Zoning Officer, upon good cause
shown, the one-year reuse period may be extended for a period not
to exceed one additional year.
The Township Council, or other Township person, agency or department
with the authority to do so, may waive any provision or standard set
forth in this article where it is demonstrated that the strict enforcement
of said standard:
A. Will prohibit or have the effect of prohibiting any telecommunications
service pursuant to 47 U.S.C. § 253(a); or
B. Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
C. Will violate the provisions of Section 6409(a) of the 2012 Middle
Class Tax Relief and Job Creation Act, also known as the Spectrum
Act; or
D. Will violate any requirement set forth in the FCC Order entitled
"Acceleration of Broadband Deployment by Improving Wireless Facilities
Siting Policies," WT Docket No. 13-238 (October 17, 2014); or
E. Will violate any requirement set forth in the FCC Order entitled
"IMO Implementation of State and Local Governments' Obligations to
Approve Certain Wireless Facility Modification Requests Under Section
6409(a) of the Spectrum Act of 2012," WT Docket No. 19-250 (June 10,
2020); or
F. Will violate any requirement set forth in the FCC Order entitled
"IMO Implementation of State and Local Governments' Obligations to
Approve Certain Wireless Facility Modification Requests Under Section
6409(a) of the Spectrum Act of 2012", WT Docket No. 19-250 (November
3, 2020); or
G. Will violate the provisions of the New Jersey State Collocation Act,
set forth in N.J.S.A. 40:55D-46.2; or
H. Will prohibit, or have the effect of prohibiting, the ability of
an entity to provide wireless service to any prospective customer
within the Township.
The Zoning Officer shall be the initial point of contact for
the Township for all matters concerning this article. The Township,
at its sole discretion, may appoint its expert Telecommunications
Consultant or Designee as the point of contact for all matters regarding
this article.
This article shall take effect after final adoption and publication
and otherwise as provided by law.