[Added 6-7-1999 by Ord. No. 11-99; amended 10-2-2000 by Ord. No.
31-2000]
The purpose of this article is to comply with
the Federal Telecommunications Act and to provide sound land use policies,
procedures and regulations for personal wireless telecommunications
facilities to protect the Readington community from the visual or
other adverse impacts of these facilities, while allowing their unobtrusive
development to provide comprehensive wireless telecommunications services
in the Readington community with its benefits to residents and businesses.
The ordinance seeks to accomplish these goals through the use of careful
design, siting, landscaping, screening and innovative camouflaging
techniques. To further encourage economy of design, utility and aesthetics,
and to minimize the number of telecommunications towers, the ordinance
requires that antennas be located on existing buildings, existing
structures and existing towers, preferably on property used for public
purposes, and not on newly constructed telecommunications towers.
Telecommunications towers are prohibited structures
in all zones.
[Amended 12-20-2010 by Ord. No. 32-2010]
PWTF's and PWTEF's shall be conditional uses
in all zones. PWTF's and PWTEF's shall meet the following conditions:
A.
If an applicant proposes that a PWTF or PWTEF is to
be located on property owned by the municipality or which is used
for public purposes, the applicant shall demonstrate that the Township
Committee approves of the proposed location on such property as evidenced
by a resolution adopted by the Township Committee.
B.
If the PWTF or PWTEF is proposed to be located on
land encumbered by a farmland preservation easement, NJDEP, Green
Acres or other conservation easement, the applicant may not locate
a PWTF or PWTEF within the area subject to the easement unless it
is upon or within an existing high-tension wire support or other existing
structure and the applicant produces letter(s) or resolution(s) from
the property owner, easement holder and any other entity having a
legal interest in the easement demonstrating that the owner, easement
holder or other entity having a legal interest in the easement approves
or takes no exception to the proposed PWTF or PWTEF.
C.
For an applicant proposing to locate upon an existing
high-tension-wire support or other structure, consent (in a recordable
document) of the owner to locate the proposed PWTF and/or PWTEF upon
the owner's existing high-tension wire or other structure shall be
submitted to the approving authority.
D.
The applicant shall produce evidence of access from
the property owner and/or easement holder to the proposed PWTF or
PWTEF by a document which shall be recorded in the County Clerk's
office.
E.
A PWTF proposed to be located within or upon an existing
structure shall be of a stealthy design which is integrated with the
design of the existing structure and be designed to be as unobtrusive
as possible.
F.
Maximum height.
(1)
Maximum
height of attached antenna/PWTF: 10 feet or 10% (whichever is lower)
above the highest point of the building or structure where attached.
G.
PWTF's and PWTEF's shall satisfy the minimum zoning
district setback requirements.
H.
Signs shall not be permitted except for required 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 PWTF
or PWTEF.
I.
No lighting
is permitted except as follows:
(1)
A
PWTEF enclosing electronic equipment may have security and safety
lighting, provided that the light is focused downward, is shielded
with a ninety-percent cutoff as documented by the manufacturer and
is controlled by timing devices and/or sensors so that the light is
turned off when not needed for safety or security purposes.
(2)
No
lighting is permitted on a PWTF except lighting that specifically
is required by the Federal Aviation Administration (FAA).
J.
Fences. No fences are permitted in association with
the development of a PWTF/PWTEF. Security for wireless telecommunications
facilities shall be addressed without fencing.
K.
Location feasibility.
(1)
Each application shall include a site location alternative
analysis describing the location of other sites considered, the applicant's
efforts at determining the availability of those sites, the extent
to which other sites do or do not meet the provider's service or engineering
needs (not financial), and the reason why the site(s) were not selected
and the reason why the subject site was chosen. The analysis shall
address the following issues:
(a)
How the proposed location of the PWTF relates
to the objective of providing full wireless communication services
within the Readington community and within the region and the state
at the time full service is provided by the applicant throughout the
Readington community.
(b)
How the proposed location of the proposed PWTF
relates to the location of any existing antennas within and near the
Readington community.
(c)
The need for wireless telecommunications antennas
at the proposed location. The evidence presented and introduced to
the approving authority shall describe in detail:
[1]
The wireless telecommunications network layout
and its coverage area requirements.
[2]
The need for new wireless telecommunications
facilities at a specific location within the Township.
[3]
All structures 50 feet or higher (measured from
the ground elevation of the proposed site as referenced to sea level)
within a mile radius of the proposed location of the PWTF.
(d)
That the applicant has exercised its best efforts
to locate the PWTF or PWTEF according to the requirements of this
article within the applicant's search area. Without otherwise limiting
the nature of the evidence to be provided by the applicant in order
to meet its burden on this issue, the applicant shall provide to the
approving authority copies of all correspondence from and between
the wireless telecommunications provider and the property owners of
the existing buildings or structures, including rejection letters
and letters of interest. The failure of the applicant to present evidence
of the foregoing shall constitute a rebuttable presumption that the
applicant has not exercised its best efforts as required herein.
(2)
The approving authority may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternatives analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with Readington's escrow provisions.
L.
Visual, contextual and environmental considerations.
All PWTF's and PWTEF's shall be located to minimize impacts on the
surrounding area in accordance with the following standards.
(1)
Sites
for PWTFs and PWTEFs shall demonstrate that they provide the least
visual impact on residential areas, public lands and public rights-of-way.
All potential visual impacts shall be analyzed to illustrate that
the selected site provides the best opportunity to minimize the visual
impact of the proposed facility.
(2)
PWTEFs
shall be located underground, with no portion of the PWTEF or associated
containment structures set higher than six inches above finished grade
(i.e., within a vault structure).
(3)
PWTF's
and PWTEF's 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 shall
not be impaired or diminished by the placement of telecommunications
facilities.
(4)
No
existing tree having a diameter at breast height of eight inches or
greater shall be removed in order to provide a location for a PWTF
or PWTEF.
(5)
If
a driveway exists on a property upon which a PWTF or PWTEF is to be
located, the existing driveway shall be used to provide access to
the PWTF/PWTEF. No new driveway/vehicular access may be constructed
solely for the purpose of providing access to the PWTF/PWTEF.
(6)
One
hundred percent of the increase in stormwater runoff resulting from
increases in impervious cover relating to PWTF/PWTEF and associated
site elements shall be retained and recharged on the subject property
within the same subwatershed.
No PWTF or PWTEF shall be deemed a public utility
with respect to the definition of "public utility" contained within
the Readington Township Land Development Ordinance.
The following design standards shall apply to
PWTF's and PWTEF's installed or constructed pursuant to the terms
of this article:
A.
Color. PWTF's and PWTEF's shall be of a color appropriate
in the context of the PWTF's or PWTEF's location and to make them
as unobtrusive as possible, unless otherwise required by the Federal
Aviation Administration (FAA).
B.
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.
[Amended 12-20-2010 by Ord. No. 32-2010]
C.
Camouflage technology. The applicant shall employ
camouflage technology as appropriate as determined by the approving
authority.
[Amended 12-20-2010 by Ord. No. 32-2010]
D.
Noise. The facility shall comply with the municipal
Noise Ordinance. A comparison of the projected noise generation to
the maximum permitted emanation permitted by ordinance shall be provided.
[Amended 12-20-2010 by Ord. No. 32-2010]
A.
At such
time that a licensed carrier plans to abandon or discontinue operation
of a PWTF/PWTEF, such a carrier shall notify the Township Clerk by
certified United States mail of the proposed date of abandonment or
discontinuation of operations. Such notice shall be given no less
than 30 days prior to abandonment or discontinuation of operations.
In the event that a licensed carrier fails to give such notice, the
PWTF/PWTEF 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 PWTF/PWTEF within 90 days from the date
of abandonment or discontinuation of use. The term “physically
remove” shall include, but not be limited to:
(1)
Removal
of antennas, mounts, equipment shelters, lighting, signs, pavement,
curbs, fencing and security barriers related to the facilities that
have been abandoned or discontinued on the subject property.
(2)
Proper
disposal of the waste materials from the site in accordance with local,
county and state solid waste disposal regulations.
(3)
Restoring
the location of the personal wireless service facility to its natural
condition, except that any plantings and grading shall be addressed
pursuant to the direction of the Township Engineer.
C.
If a carrier
fails to remove a PWTF/PWTEF in accordance with this section, the
Township shall have the authority to enter the subject property and
physically remove the facilities. The approving authority shall require,
as a condition of approval, that an applicant/developer of a PWTF/PWTEF
post a bond prior to the issuance of construction permits. Such a
bond shall be sufficient to cover the Township’s costs for the
removal of the PWTF/PWTEF in the event that the Township must remove
the facility. The amount of the bond shall be approved by the Township
Engineer.
PWTF's in existence on the date of the adoption
of this article which do not comply with the requirements of this
article (nonconforming PWTF's) are subject to the following provisions.:
A.
Nonconforming PWTF's may continue in use for the purpose now used but may not be expanded without complying with this article, except as provided in Subsection C below.
B.
Nonconforming PWTF's whose structures 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 therefor but without otherwise complying
with this article. If destruction to the structure is greater than
40%, then repair or restoration will require compliance with this
article.
C.
The owner of any nonconforming PWTF may repair, rebuild
and/or upgrade such PWTF (but not expand such PWTF or increase its
height or reduce its setbacks), in order to improve the structural
integrity of the facility, to allow the facility to accommodate collocated
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.
A.
All site plan details required by the major site plan checklist contained in Article X of the Land Use Ordinance shall be provided to the approving authority.
B.
In addition to the applicable documentation, required
escrow fees and items of information required for site plan approval,
the following additional documentation and items of information are
required to be submitted to the approving authority for review and
approval as part of the site plan submission:
(1)
The FTA gives the FCC sole jurisdiction of the field
of regulation of radio frequency (RF) emission, and PWTF's which meet
the FCC standards shall not be conditioned or denied on the basis
of RF impacts. Applicants shall provide current FCC information concerning
PWTF's and radio frequency emission standards. PWTF's shall be required
to provide information on the projected power density of the proposed
facility and how this meets the FCC standards.
(2)
Documentation by a qualified expert that any structure
upon which a PWTF is proposed to be attached will have sufficient
structural integrity to support the proposed antennas and the anticipated
future collocated antennas and that the structural standards developed
for antennas by the Electronic Industries Association (EIA) and/or
the Telecommunications Industry Association (TIA) have been met.
(3)
A letter of commitment from the applicant to lease
excess space on the structure. The letter of commitment shall be recorded
prior to issuance of a building permit. The letter shall commit the
owner of the structure as well as successors in interest.
(4)
A copy of the lease (with confidential or proprietary
information redacted) and/or deed for the property, including any
restrictions on the property, such as conservation easements, agricultural
development rights easements, other restrictive covenants or easements.
(5)
A visual impact study, graphically simulating through
models, computer-enhanced graphics, or similar techniques, the appearance
of any proposed PWTF and indicating its view from at least the five
locations around and within one mile of the proposed PWTF where the
PWTF will be most visible. Aerial photographs of the impact area shall
also be submitted.
The erection of PWTF's and PWTEF's on farmland
assessed properties or structures shall be subject to the New Jersey
tax laws governing farmland assessment.
