A.
The purpose of this article, together with § 190-206 for the siting of wireless telecommunications towers and antennas is to:
(1)
Protect residential areas and land uses from potential
adverse impacts of towers and antennas;
(2)
Encourage the location of towers in appropriate locations;
(3)
Minimize the total number of towers throughout the
Township;
(4)
Strongly encourage the joint use of approved tower
facilities as a primary option rather than construction of new or
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
services to provide such services to the community quickly, effectively,
and efficiently;
(8)
Consider the public health and safety of communication
towers; and
(9)
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, Freehold Township shall
give due consideration to the Township Master Plan, Zoning Map, existing
land uses, and environmentally sensitive areas in approving sites
for the location of towers and antennas.
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 (FCC) regulations. (See § 190-104C.)
Wireless communications towers and antennas
which are located on property owned, leased, or otherwise controlled
by the Township of Freehold and which are approved by the Township
Committee or a Freehold Township Fire District and which are approved
by the Board of Fire Commissioners, shall be deemed to be permitted
as a municipal facility in any zone district.
A.
Principal or accessory use. Wireless telecommunications
towers and antennas 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.
Lot size. For purposes of determining whether the
installation of a tower or antenna complies with district 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 on leased parcels within such lot.
C.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the Township as part of the
application an inventory of its existing towers, antennas, or sites
approved for towers or antennas, that are either within the jurisdiction
of Freehold Township or within one mile of the border thereof, including
specific information about the location, height, and design of each
tower. The Township may share such information with other applicants
applying for approvals under this section or other organizations seeking
to locate antennas within the jurisdiction of Freehold Township; provided,
however, that the Township is not, by sharing such information, in
any way representing or warranting that such sites are available or
suitable.
D.
Uniform construction code; 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 and municipal codes including the New Jersey Uniform Construction
Code and the applicable standards for towers that are published by
the Electronic Industries Association, as amended from time to time.
If, upon inspection, the Township concludes that a tower fails to
comply with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
E.
Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communication system in Freehold Township
have been obtained and shall file a copy of all required franchises
with the Township.
F.
Public notice. For purposes of this section, any variance request, conditional use application or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 190-206I in addition to any notice otherwise required by this chapter.
G.
Signs. No advertising signs shall be allowed on an
antenna or tower.
H.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 190-206J.
I.
Multiple antenna/tower plan. Freehold Township encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites. Applications for
approval of multiple sites shall be given priority in the review process.
J.
K.
Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall conform with the requirements and specifications set forth in the Wireless Communication Facilities Notification Checklist as adopted by § 190-4B(10)[1] and submit the following information:
[Amended 6-28-2016 by Ord. No. O-16-6]
(1)
A location plan drawn to scale and 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), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 190-206I adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(2)
Legal description of the parent tract and leased parcel
(if applicable).
(3)
The setback distance between the proposed tower and
the nearest residential unit, platted residentially zoned properties,
and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 190-206I shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, and finished color and, if applicable,
the method of camouflage and illumination.
(8)
A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for future users.
(9)
Identification of the entities providing the backhaul
network for the tower(s) described in the application and other cellular
sites owned or operated by the applicant in the municipality.
(10)
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.
(11)
A description of the feasible location(s) of
future towers or antennas within the Township based upon existing
physical, engineering, technological or geographical limitations in
the event the proposed tower is erected.
(12)
A completed and executed Wireless Communication Facilities Modification
Checklist.
[1]
Editor's Note: Said checklist is on file in the office of
the administrative officer.
L.
Factors considered in granting approval for towers. In addition to any standards for consideration of site plans pursuant to this chapter and requirements set forth in § 190-206, the municipal agency shall consider at least the following factors in determining whether to issue an approval:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and
residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this section, § 190-170K(10) of this chapter.
(9)
Whether the proposed tower is being deployed in response to
an emergency or temporary situation, and whether the applicant has
received federal exemptions from environmental notification, antenna
structure registration, or similar applicable federal notification
requirements.
[Added 6-28-2016 by Ord.
No. O-16-6]
M.
Security fencing. Towers shall be enclosed by security
fencing not less than six feet in height and shall also be equipped
with an appropriate anticlimbing device; provided, however, that the
municipal agency may waive such requirements, as it deems appropriate.
N.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which site plan approval is
required; provided, however, that the municipal agency may waive such
requirements if the goals of this section would be better served thereby.
(1)
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.
(2)
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced.
(3)
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be sufficient buffer.
O.
In approving the tower the municipal agency may impose
conditions, including the use of an alternative tower structure, to
the extent the municipal agency concludes such conditions are necessary
to minimize any adverse effect of the proposed tower on adjoining
properties.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned, and
the owner of such antenna or tower shall remove the same within 90
days of receipt of notice from the Township of Freehold notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. Upon the dismantling and removal
of a tower, the property on which the tower was located shall be restored
to a safe and landscaped condition compatible with adjacent properties.
[Amended 6-28-2016 by Ord. No. O-16-6]
A.
Preexisting towers which are operating at the time of the adoption
of this article[1] shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in § 190-171 shall apply.
B.
Required documentation for collocation applications. An applicant
requesting approval for a collocation, removal, or replacement of
equipment at an existing wireless communications tower, base station,
or other facility on which wireless communications equipment is located,
shall submit the following documentation to the Township Committee
for review:
(1)
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 the applicable separation distances set forth in § 190-206I, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(2)
Legal description of the parent tract and leased parcel (if
applicable).
(3)
The finished color and, if applicable, the method of camouflage
and illumination of the existing structure and equipment.
(4)
The finished color and, if applicable, the method of camouflage
and illumination of the proposed structure and equipment.
(6)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(7)
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.
(8)
A description of the feasible location(s) of future towers or
antennas within the Township based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
collocation is permitted.
(10)
A description of the type and quantity of equipment to be installed.
(11)
A description of the number and size of any equipment cabinets
to be installed on the tower or base station.
(12)
A description of the number and size of any equipment cabinets
to be installed on the ground.
(13)
A description of any excavation required.
(14)
A description of the change in tower height as a result of the
proposed collocation, removal, or replacement.
(15)
A description of the change in the height of any other structure
as a result of the proposed collocation, removal, or replacement.
(16)
A description of the change in width of the tower or structure
at the height of the proposed collocation, removal, or replacement.
(17)
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.
(18)
A description of the noise level emitted by any proposed equipment.
C.
Review of collocation applications. Collocation applications shall
be reviewed by the Township Committee pursuant to the following:
(1)
Timeframe for review. The Township Committee shall determine whether an application for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station constitutes a substantial change pursuant to § 190-172D 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 Township Committee and the applicant.
(2)
Incomplete applications. The Township Committee may toll the sixty-day timeframe set forth in Subsection C(1) 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.
(3)
Subsequent incomplete applications. The Township Committee 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.
(4)
Complete applications. The Township Committee shall, within the sixty-day timeframe, approve all complete applications for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station that do not constitute a substantial change pursuant to § 190-172D, and that do not otherwise violate applicable health and safety requirements. If the Township Committee determines that an application constitutes a substantial change to an existing wireless communications tower or base station, it shall notify the applicant of same, and proceed to consider the application according to the provisions of this article; the sixty-day timeframe does not apply to substantial changes.
(5)
Applications on improper towers. Notwithstanding Subsection C(4), above, the Township Committee is not obligated to approve an application for collocation, 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.
(6)
Failure to act. If the Township Committee does not approve or
deny an application for collocation, 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 Committee in writing
that the review period has expired. Upon the Township Committee's
receipt of this notice from the applicant, the application shall be
deemed granted.
D.
Collocation applications constituting a substantial change.
(1)
A proposed modification shall constitute a substantial change
to an existing structure 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 20 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 20 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, whichever is greater.
E.
Fees
and compensation for co-location, removal or replacement applications.
[Added 5-22-2018 by Ord.
No. O-18-6]
(1)
Any applicant seeking to co-locate, remove, or replace equipment at an existing wireless communications tower, base station, or other facility on which wireless communications equipment is located shall pay a fee as provided in Chapter 150, Fees, which represents the Township's costs in processing said application.
(2)
The application fee shall be deposited with the Township as
part of the application filed pursuant to this section.
(3)
All applicants seeking to co-locate, remove, or replace equipment
at an existing wireless communications tower, base station, or other
facility on which wireless communications equipment is located shall
establish and maintain an escrow deposit in the amount of $3,000 with
the Township. The Township shall be entitled to reimbursement from
the escrow account for all direct and indirect costs and expenses
incurred by the Township in connection with any review of the application.
Any interest earned on the deposit shall accumulate and be credited
to the escrow amount being held by the Township. In the event the
escrow or deposit shall be reduced to $1,000 or less, upon notice
from the Township's Chief Financial Officer, the applicant or licensee
shall replenish the escrow account to $3,000 within 15 days of the
date of the notice. Upon written request made by the applicant upon
the Township's Chief Financial Officer, it shall be entitled to an
itemized accounting of deposits and withdrawals to and from its escrow
fund. Such request may not be made more often than monthly and may
not cover a period of time more than 12 months prior to the request.
(4)
Prior to the issuance of a construction permit, the permittee shall pay a permit fee as provided in Chapter 150, Fees, which represents the Township's costs of processing said permit.
(5)
The regulatory fees and costs provided for in this article are
separate from, and additional to, any and all federal, state, local
and Township taxes as may be levied, imposed or due from a telecommunications
carrier or provider, its customers or subscribers, or on account of
the lease, sale, delivery or transmission of telecommunications services.
