[Adopted 12-27-2002 by Ord. No. 1085-02]
A.
The purpose of this article is to establish general
guidelines for the siting of wireless communication towers and antennas.
The goals of this article are to:
(1)
Protect residential areas and land uses from potential
adverse impacts of towers and antennas;
(2)
Encourage the location of towers to nonresidential
areas;
(3)
Minimize the total number of towers throughout the
community;
(4)
Strongly encourage the colocation and multiplexing
of new and existing tower sites as a primary option rather than construction
of additional single-use towers;
(5)
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal;
(6)
Encourage 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;
(7)
Enhance the ability of the providers of telecommunications
service to provide such services to the community quickly, effectively
and efficiently;
(8)
Consider the public health and safety of communication
towers;
(9)
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures;
and
(10)
Avoid potential negative impacts to surrounding
property values.
B.
In furtherance of these goals, the Township of Brick
shall give due consideration to the Township's Master Plan, Zoning
Ordinance and 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 terms
shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles,
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals, or other communication signals.
Allowing other cellular service providers to locate on existing
poles owned by other providers or entities and allowing multiple users
to utilize one cellular antenna array through the use of a duplexer
or multiplexer technologies, provided that technology is available.
The area depicted on a map of the Township of Brick in which
cellular phone users can receive service while located outdoors holding
their cellular phone a minimum of five feet from the ground.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this article, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone radio
and similar communication purposes including self-supporting lattice
towers, guyed towers or monopole towers. The term includes radio and
television transmission towers, microwave towers, common-carrier towers,
cellular telephone towers, alternative tower structures, and the like.
The term includes the structure and any support thereto.
Cellular towers and antennas are hereby determined
to be a conditionally permitted use in any B-2, B-3, B-4, M-1 and
HS Zones in the Township of Brick, provided that the proposed use
complies with the following conditions. The Zoning Board of Adjustment
shall have the jurisdiction to determine whether the proposed use
complies with said conditions.
A.
The proposed use is within the allowed zone.
B.
No tower may exceed the height of 120 feet.
C.
Towers must be setback from roadways or adjoining
lots and a distance equal to 125% of the height of the tower.
D.
Towers must not be within 500 feet of any property
on which a school or residence, including multifamily residences are
located.
E.
The applicant shall provide mapping and supporting
information depicting the coverage areas. If, based on this information,
the board determines that the proposed site is a duplication of services
provided from other existing companies, the applicant will be prohibited
from constructing a cellular tower at the proposed site and encouraged
to colocate or multiplex for service to the surrounding community
at existing sites.
A.
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. A different existing
use of an existing structure on the same lot shall not preclude the
installation of an antenna or tower on such lot.
B.
All conditions for site plan approvals under the allowable
zones are required to be met as a condition of the approval.
C.
In order to minimize tower proliferation, applicants
will be required to show that they have exhausted all possible avenues
for sharing space on existing towers or existing antenna locations.
Applicants for the installation of a telecommunications tower or equipment
are required to submit, as part of their application, the location
of all cellular towers within the operating range of the Township
and adjacent municipalities, and to send a certified mail announcement
to all other communications towers and equipment users and the property
owners where such towers and equipment are located stating their needs
and sharing capabilities. No application will be entertained unless
the applicant proposing the new equipment demonstrates that, despite
reasonable efforts, it is not practicable to acquire the necessary
rights or permission to install and operate its equipment at the location
of the existing equipment on commercially reasonable terms or the
site is otherwise not suitable due to construction or other site specific
limitations. The applicant shall provide competent testimony by a
radio frequency engineer regarding the suitability of potential locations
in light of the design of the wireless telecommunications network.
The Township of Brick reserves the right to engage, at the applicant's
expense, a professional radio frequency engineer to review all applicable
information provided by the applicant.
D.
Where a suitable location on an existing tower is
found to exist, but an applicant is unable to secure an agreement
to colocate its equipment on such tower through colocation or multiplexing,
the applicant shall provide written evidence of correspondence with
the owner of such tower verifying that suitable space is not available
on the existing tower(s).
E.
Telecommunications towers may be erected on or in
conjunction with any other building or structure on the property in
the zones where such towers are permitted.
F.
To avoid multiple applications occurring on one location
simultaneously, and to reduce the number of cellular towers necessary
for adequate service area, no application for construction of a tower
will be accepted by the Board of Adjustment unless the applicant demonstrates
at least one other cellular provider contracted to colocate on the
proposed tower at the time of the application. That applicant must
also demonstrate that the cell tower is capable of supporting up to
four antenna arrays and is capable of supporting multiplexing technology.
G.
Immediately following installation and the commencement
of operations of the equipment, the applicant shall furnish a report
showing test results of aggregate radiation emissions from all equipment
located at the site.
H.
The applicant shall be required to provide documentation
or testimony relative to the property values in the surrounding area
and how the proposed construction of a telecommunication tower will
affect said property values.
I.
The applicant shall describe anticipated maintenance
needs, including frequency of service, personnel needs, equipment
needs and traffic, noise or safety impacts of such maintenance. Where
the site abuts or has access to collector and local streets, access
for maintenance vehicles shall be exclusively by means of the collector
street.
J.
Such facilities may not include office, long-term
vehicle storage, other outdoor storage or other uses that are not
needed to send or receive wireless telecommunications transmissions.
K.
Signs of any type shall not be allowed on an antenna
or tower.
L.
If a tower is unused for a period of six months, the
owner of the tower will be required to remove such tower and any accessory
buildings or structures and to restore the property to its original
condition.
M.
A scaled site plan complying with Part 4 of this chapter shall be submitted clearly indicating:
(1)
The location type and height of the proposed tower;
(2)
On-site land uses and zoning;
(3)
Adjacent land uses and zoning (including when adjacent
to other municipalities);
(4)
Master Plan classification of the site and all properties
within the applicable separation distances to adjacent roadways;
(5)
Proposed means of access;
(6)
Setbacks front property lines;
(7)
Elevation drawings of the proposed tower and any other
structures;
(8)
Topography;
(9)
Parking;
(10)
Other information deemed by the administrative
official to be necessary to assess compliance with this article;
(11)
Method of fencing and finished color and if
applicable the method of camouflage and illumination;
(12)
A notarized statement on the plan by the applicant
as to whether construction of the tower will accommodate collocation
or multiplexing of additional antennas for future users;
(13)
An updated survey of the subject property prepared,
signed and sealed by a New Jersey licensed land surveyor.
O.
Modifications constituting a substantial change.
[Added 8-23-2016 by Ord.
No. 13-16]
(1)
A proposed modification to a preexisting tower or antenna shall
constitute a new application for a tower subject to the provisions
of this Chapter if the modifications to the preexisting tower or antenna
involves a substantial change to a preexisting tower or antenna. A
proposed modification shall constitute a substantial change to a preexisting
tower or preexisting antenna if it meets any of the following criteria:
(a)
For towers outside of public rights-of-way, it increases the
height of the tower by more than 10% or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed twenty feet, whichever is greater; for those towers in the
rights-of-way and for all base stations, it increases the height of
the tower or base station by more than 10% or 10 feet, whichever is
greater;
(b)
For towers outside of public rights-of-way, it protrudes from
the edge of the tower more than twenty feet, or more than the width
of the tower structure at the level of the appurtenance, whichever
is greater; for those towers in the rights-of-way and for all base
stations, it protrudes from the edge of the structure more than six
feet;
(c)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
(d)
It entails any excavation or deployment outside the current
site of the structure;
(e)
It would defeat the existing concealment elements of the structure;
or
(f)
It does not comply with conditions associated with the prior
approval of construction or modification of the structure unless the
noncompliance is due to an increase in height, increase in width,
addition of cabinets, or new excavation that does not exceed the corresponding
substantial change thresholds identified above.
(2)
Any such change shall be determined by measuring the change
from the dimensions of the structure as originally approved or as
of the most recent modification that received local zoning or similar
regulatory approval prior to the passage of the Middle Class Tax Relief
and Job Creation Act of 2012 (February 22, 2012), whichever is greater.
P.
Applications that do not substantially modify preexisting towers
or preexisting antennas.
[Added 8-23-2016 by Ord.
No. 13-16]
(1)
Required documentation for applications. An applicant requesting
approval for a co-location, modification, removal, or replacement
of equipment at a preexisting wireless communications tower, base
station, or other facility on which wireless communications equipment
is located, that does not substantially change the dimensions of the
existing structure, shall submit the following documentation to the
Township Engineer and the Township Land Use Planner for review:
(a)
A completed land use application.
(b)
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed equipment, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
master plan classification of the site and all properties within 200
feet of the property which is the subject of the application, adjacent
roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography, and parking.
(c)
A legal description of the parent tract and leased parcel (if
applicable).
(d)
The finished color, and if applicable, the method of camouflage
and illumination of the existing structure and equipment;
(e)
The finished color, and if applicable, the method of camouflage
and illumination of the proposed structure and equipment.
(f)
A description of the proposed equipment's compliance with all
applicable federal, state or local laws.
(g)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed tower.
(h)
A description of the type and quantity of equipment to be installed.
(i)
A description of the number and size of any equipment cabinets
to be installed on the tower or base station.
(j)
A description of the number and size of any equipment cabinets
to be installed on the ground.
(k)
A description of any excavation required.
(l)
A description of the change in tower height as a result of the
proposed co-location, removal, or replacement.
(m)
A description of the change in the height of any other structure
as a result of the proposed co-location, removal, or replacement.
(n)
A description of the change in width of the tower or structure
at the height of the proposed co-location, removal, or replacement.
(o)
A description of the proximity of the equipment to any other
equipment on the same structure and of the visibility of the proposed
equipment from the surrounding property.
(p)
A description of the noise level emitted by any proposed equipment.
(2)
Review of applications. Applications submitted under this subsection
shall be reviewed by the Township Engineer and the Township Land Use
Planner pursuant to the following:
(a)
Timeframe for review. The Township Engineer and the Township
Land Use Planner shall determine whether an application for co-location,
removal, or replacement of equipment at a preexisting wireless communications
tower or antennas constitutes a substantial change pursuant within
60 days of receipt of the application. Applications that do not substantially
change the tower or base station shall be approved within this time
period. This sixty-day period may be extended by mutual agreement
of the applicant and either the Township Engineer or the Township
Land Use Planner.
(b)
Incomplete applications. The Township Engineer or the Township
Land Use Planner may toll the sixty-day timeframe for review of the
application by notifying the applicant, within 30 days of receipt
of submission of an application, that the application is incomplete.
Such notification shall set forth all outstanding information, as
well as the applicable code provision, ordinance, application instruction,
or publicly-stated procedure requiring the information to be submitted.
The sixty-day timeframe shall begin again upon receipt of the supplemental
submission.
(c)
Subsequent incomplete applications. The Township Engineer or
the Township Land Use Planner may thereafter toll the sixty-day timeframe
by notifying the applicant, within 10 days of receipt of the supplemental
submission that the applicant did not provide the information identified
in the original notice delineating missing information. Second or
subsequent notices of incompleteness may not specify missing documents
or information not previously delineated in the original notice of
incompleteness.
(d)
Complete applications. The Township Engineer and the Township
Land Use Planner shall, within the sixty-day timeframe, approve all
complete applications for co-location, removal, or replacement of
equipment at an existing wireless communications tower or base station
that do not constitute a substantial change to a preexisting wireless
tower or antennas and that do not otherwise violate applicable health
and safety requirements. If the Township Engineer and the Township
Land Use Planner determine that an application constitutes a substantial
change to an existing wireless communications tower or base station,
they shall notify the applicant of same, and proceed to consider the
application according to the provisions of this chapter;
(e)
Applications on improper towers. Notwithstanding the above,
the Township Engineer and the Township Land Use Planner are not obligated
to approve an application for co-location, removal, or replacement
of equipment on a tower or base station that was constructed or deployed
without proper review, was not required to undergo siting review,
or does not support transmission equipment that received another form
of affirmative state or local regulatory approval.
(f)
Failure to act. If the Township Engineer and the Township Land
Use Planner do not approve or deny an application for co-location,
removal, or replacement of equipment at an existing wireless communications
tower or base station within 60 days of receipt of the application
or any applicable tolling periods thereafter, the applicant may notify
the Township Engineer or the Township Land Use Planner in writing
that the review period has expired. Upon the Township Engineer or
the Township Land Use Planner's receipt of this notice from the applicant,
the application shall be deemed granted.
A.
Towers shall ether 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. The applicant should make
every effort possible to construct a monopole that blends with the
natural landscape. Monopoles that resemble trees or flagpoles are
required.
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
A.
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following: 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 30% of the roof area.
B.
Equipment storage buildings or cabinets shall comply
with all applicable Building Codes:
(1)
All antennas installed on such towers shall be of
the whip type or panel type only.
(2)
The equipment cabinet or structure shall be no greater
than six feet in height and 100 square feet in gross floor area. The
structure or cabinet shall be screened by an evergreen hedge with
an ultimate height of eight feet and a planted height of at least
36 inches. In all other instances structures or cabinets shall be
screened from view of all adjoining properties which abut or are directly
across the street from the structure or cabinet by a solid fence six
feet in height or an evergreen hedge with an ultimate height of eight
feet and a planted height of at least 36 inches and shall be located
in accordance with the minimum yard requirements of the zoning district
in which located.
(3)
All equipment cabinets and structures shall be constructed
in a way so as to minimize noise to surrounding areas from condensers,
air conditioners and generators.
