[Added 12-11-2002 by Ord. No. 0-02-18]
A.Â
The purpose of this article is to establish guidelines
for the siting of wireless telecommunications towers and antennas
and ancillary facilities.
B.Â
The goals of this article are to:
(1)Â
Protect residential areas and land uses from potential
adverse impacts of towers and antennas;
(2)Â
Encourage the location of towers on municipally owned
property where appropriate or in other nonresidential areas;
(3)Â
Minimize the total number of towers throughout the
Township;
(4)Â
Strongly encourage the joint use of new and existing
tower sites as a primary option rather than construction of additional
single-use towers;
(5)Â
Encourage the use of existing buildings, telecommunications
towers, light or utility poles and/or towers, or water towers as opposed
to construction of new telecommunications towers;
(6)Â
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal;
(7)Â
Ensure that all telecommunications facilities, including
towers, antennas and ancillary facilities are located and designed
to minimize the visual impact on the immediate surroundings and throughout
the Township by encouraging 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;
(8)Â
Consider the public health and safety of telecommunications
towers; and
(9)Â
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
C.Â
In furtherance of these purposes, the Township shall
give due consideration to the Township's Master Plan, Zoning Map,
existing land uses, and environmentally sensitive areas in approving
sites for the location of towers and antennas.
As used in this article, the following terms
shall have these meanings:
Man-made trees, clock towers, bell steeples, flagpoles, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
Any exterior device used for transmitting or receiving radio
waves used for wireless communications. Parabolic dish antennas used
for satellite communications shall not be included within this definition.
The lines that connect a provider's towers/cell site to one
or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities, which lies between the tower and adjacent lot lines an/or
land uses.
A company that provides wireless services.
Two or more receiving and/or transmitting facilities owned
or controlled by different companies placed together in the same location
or on the same antenna support structure.
Federal Aviation Administration.
Federal Communications Commission.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Cellular radio, personal communications service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower that is supported or braced through the use of cables
(guy wires) that are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform(s) (or racks) for panel
antennas arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following three types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
An engineer specializing in microwave engineering, especially
the study of radio frequencies.
The emissions from personal wireless service facilities or
any electromagnetic energy within the frequency range from 0.003 MHz
to 300,000 MHz.
Telecommunications facility that is designed or located in
such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving, and relaying voice and/or data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the reception
of television and radio broadcasts are not telecommunications facilities.
The monopole, guyed or lattice framework structure designed
to support transmitting and receiving antennas. For purposes of this
section, amateur radio transmission facilities and facilities used
exclusively for the transmission of television and radio signals are
not transmission towers.
Any personal wireless services as defined in the Telecommunications
Act of 1996, which includes FCC-licensed commercial wireless telecommunications
services including cellular, personal communications services (PCS),
specialized mobile radio (SMR), enhanced specialized mobile radio
(ESMR), paging, and similar services that currently exist or that
may in the future be developed. It does not include any amateur radio
facility that is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive only antennas,
nor does it include noncellular telephone service.
A.Â
New towers and antennas. All new telecommunications
towers or antennas in the Township shall be subject to these regulations.
B.Â
Existing towers or antennas. Existing telecommunications towers and/or antennas shall not be required to meet the requirements of this article other than the requirements of §§ 101-231 and 101-232. However, where any enlargement of a tower and/or additional antennas are proposed, the requirements of § 101-227 shall apply as feasible and practical as determined by the Planning Board.
C.Â
District height limitations. The requirements set
forth in this article shall govern the location of telecommunications
towers that exceed, and antennas that are installed at a height in
excess of, the height limitations specified for each zoning district.
D.Â
Public property. Towers and antennas located on property
owned, leased or otherwise controlled by the Township shall be encouraged
where the Planning Board deems such location to be appropriate for
such facility and the Township Committee has approved a license or
lease authorizing such facility.
E.Â
Amateur radio station operators/receive-only antennas.
This article shall not govern any tower, or the installation of any
antenna, that is under 50 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is under
50 feet in height and is used exclusively for receive only antennas.
F.Â
Satellite dish antennas. This article shall not govern
parabolic dish antennas measuring two feet or less in diameter or
when used solely for household purposes for the transmission or reception
of electromagnetic waves associated with satellites.
A.Â
Principal or accessory use. Notwithstanding any other
Land Use Regulation, an existing building(s) and use on a lot shall
not preclude the installation of a telecommunications tower (including
appurtenant structures) and/or antenna on the same lot. If such tower
and/or antenna constitute the sole use of the lot, then such use shall
be deemed the principal use of the lot; otherwise, the use shall be
considered accessory.
B.Â
Leased area. For purposes of determining whether the
installation of a tower or antenna complies with zone 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.Â
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC, and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this article shall bring such towers and antennas into compliance
with such revised standards and regulations within 90 days of the
effective date of such standards and regulations, unless a different
compliance schedule is established by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations, where mandated to do so, shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
D.Â
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association and Telecommunications
Industry Association, as amended from time to time. If, upon inspection,
the Township concludes 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.Â
Not essential services. Telecommunications towers
and antennas shall be regulated and permitted pursuant to this article
and shall not be regulated or permitted as essential services, public
utilities, or private utilities.
F.Â
Collocation required. The Township mandates that carriers collocate antennas on towers and other structures whenever possible. See § 101-228 for collocation requirements.
G.Â
Site plan required. Site plan approval shall be required
for all new telecommunications facilities in the Township, including
modifications to or addition of new telecommunications facilities
to existing towers, buildings or other structures.
A.Â
Permitted use. Wireless telecommunications facilities
are permitted in the following areas of the Township:
(1)Â
On existing nonresidential buildings or structures
for collocation of antenna facilities.
(2)Â
On lands owned, leased or otherwise controlled by
the Township.
(3)Â
On lands located in the R-95, R-100, I-100 and GB
Zones and in the FMC Corporation/Princeton HealthCare System Redevelopment
Area, as well as on the nonresidential portions of lands located in
the PCD and PMUD Zones.
[Amended 11-10-2010 by Ord. No. 0-10-25]
(4)Â
On catenary structures within the railroad right-of-way
and on towers used to support electric power high-tension lines.
B.Â
Prohibited use. Wireless telecommunications facilities
are prohibited on all lands used for public and private schools and
on all lands located in the R-85, R-90, R-200, R-300, R-350, VR-1,
VR-2, VC, SR, NB, OB-1, ECA, and Cemetery Zones.
[Amended 11-10-2010 by Ord. No. 0-10-25]
C.Â
Permitted use standards. Wireless telecommunications facilities may be permitted on lands identified in § 101-226A, provided that:
(1)Â
New lattice towers and any type of guyed tower are
prohibited. Existing lattice towers can be increased in height for
the purposes of accommodating additional antennas.
(2)Â
Telecommunications towers shall be limited to monopoles
and shall be designed to accommodate at least five carriers. The maximum
height of such towers shall be 200 feet or the height above which
the FAA would require special painting and/or lighting, whichever
is less.
D.Â
General review standards. In addition to the above
standards, the Planning Board may consider the following factors in
its review of a site plan for a proposed telecommunications tower:
(1)Â
Proximity of the tower to residential structures and
residential district boundaries;
(2)Â
Nature of uses on adjacent and nearby properties;
(3)Â
Surrounding topography;
(4)Â
Surrounding tree coverage and foliage;
(5)Â
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness, including stealth designs, which are encouraged;
(6)Â
Availability of suitable existing towers, alternative
tower structures, other structures or alternative technologies not
requiring the use of towers or structures;
(7)Â
Availability of proposed tower to other potential
carriers.
The following site design standards shall apply
to wireless telecommunications facilities:
A.Â
New towers.
(1)Â
New telecommunications towers shall not be located
closer than 1,000 feet to a residential property line. All antennas
located on existing buildings or structures, including towers, are
exempt from this requirement.
(2)Â
Fall zone. A fall zone shall be established such that
the tower is setback 110% of the height of the tower from any adjoining
lot line or non-appurtenant building.
(3)Â
Security fencing. Towers shall be enclosed by security
fencing not less than eight feet in height. Towers shall also be equipped
with appropriate anticlimbing measures or devices.
(4)Â
Landscaping. The following requirements shall govern
the landscaping surrounding towers:
(a)Â
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound. The standard buffer shall consist of a landscaped
strip at least 10 feet wide outside the perimeter of the compound.
However, at a minimum, the facility should be shielded from public
and private view by evergreen trees at least 10 feet high at planting
and planted in staggered double rows 10 to 15 feet on center.
(b)Â
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 a sufficient buffer.
(5)Â
Ancillary buildings. Any proposed building(s) enclosing
related electronic equipment for one or more carriers shall not exceed
10 feet in height and 200 square feet in area for each carrier at
a facility. When a carrier's equipment is to be contained by itself
in a separate, individual building, each carrier shall be limited
to one such building. Such buildings must satisfy the minimum setback
requirements for accessory buildings in the zoning district. Where
multiple buildings are proposed at a facility serving multiple carriers,
the placement of each such building shall be done in a visually and
functionally coordinated manner, with the goal being that of maximizing
the number of possible carriers at a facility while minimizing the
area of the overall compound required for such facility.
(6)Â
Aesthetics. Towers and antennas shall meet the following
requirements:
(a)Â
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness, as determined
appropriate by the Planning Board.
(b)Â
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.
(7)Â
Lighting. No lighting is permitted except as follows,
which shall be subject to review and approval by the Planning Board
as part of the site plan application:
(a)Â
The building enclosing electronic equipment
may have one light at the entrance to the building, provided that
the light is attached to the building, is focused downward and is
switched so that the light is turned on only when authorized personnel
are at the building; and
(b)Â
No lighting is permitted on a tower except lighting
that specifically is required by the FAA, and any such required lighting
shall be focused and shielded to the greatest extent possible so as
not to project towards adjacent and nearby properties.
(8)Â
Signs. No signs are permitted except those required
by the Federal Communications Commission, the Electronic Industries
Association (ETA) and/or the Telecommunications Industry Association
(TIA) or by law, such as warning and equipment information signs.
B.Â
Antennas mounted on existing buildings or structures.
(1)Â
Antennas on existing buildings or structures. Any
antenna which is not attached to a tower may be attached to any existing
business, industrial, office, utility or institutional building or
structure in the Township, provided that:
(a)Â
Side- and roof-mounted personal wireless service
facilities shall not project more than ten feet above the height of
an existing building or structure nor project more than ten feet above
the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may be located on
a building or structure that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building or structure height.
(b)Â
The antenna complies with all applicable FCC
and FAA regulations.
(c)Â
The antenna complies with all applicable codes.
(d)Â
The equipment structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for existing buildings and structures that are
less than 35 feet in height, the related unmanned equipment structure
shall be located on the ground and not on the roof of the building
or structure.
[1]Â
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 10% percent of
the roof area.
[2]Â
Equipment storage buildings, structures or cabinets
shall comply with all applicable building codes.
(2)Â
Aesthetics. If an antenna is installed on a structure
other than a tower, the antenna, supporting electrical and mechanical
equipment, as well as any equipment storage buildings, structures
or cabinets, must be of a color that is identical to or closely compatible
with the color of the supporting building or structure, so as to make
the antenna and related equipment and structures as visually unobtrusive
as possible.
(3)Â
While it is anticipated that antennas mounted on buildings or structures as referenced in § 101-227B(1) above would involve existing buildings or structures, their placement on new buildings or structures is permitted where such facilities are otherwise permitted pursuant to § 101-226A and subject to the requirements of Subsections B(1) and B(2) immediately above.
C.Â
Antennas on existing towers. An antenna may be attached
to an existing tower and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, collocation of antennas
by more than one carrier on such towers shall take precedence over
the construction of new towers, provided such collocation is accomplished
in a manner consistent with the following:
(1)Â
A tower that is modified or reconstructed to accommodate
the collocation of additional antennas shall be of the same tower
type as the existing tower, unless reconstruction as a monopole is
proposed.
(2)Â
An existing tower may be modified or rebuilt to a
taller height, not to exceed the maximum tower height established
by this article. After the tower is rebuilt to accommodate collocation,
only one tower may remain on the site.
A.Â
The Township requires that licensed carriers share
personal wireless service facilities and sites, where feasible and
appropriate, thereby reducing the number of personal wireless service
facilities that are stand-alone facilities. All applicants for site
plan approval for a personal wireless service facility shall demonstrate
best efforts to collocate with other carriers. Such best efforts shall
include:
(1)Â
A survey of all existing structures that may be feasible
sites for collocating personal wireless service facilities;
(2)Â
Notification by certified mail of intent to seek site
plan approval to all the other licensed carriers for commercial mobile
radio services operating in Middlesex and Mercer Counties;
(3)Â
Sharing information necessary to determine if collocation
is feasible under the design configuration most accommodating to collocation;
and
(4)Â
A copy of a proposed lease or affidavit of compliance
with this section.
B.Â
In the event that collocation is found to be not technically
feasible, a written statement of the reasons for the unfeasibility
shall be submitted to the Township. The Township may retain a technical
expert in the field of RF engineering to verify if collocation is
feasible. The cost for such a technical expert will be at the expense
of the applicant. The Township may deny approval to an applicant that
has not demonstrated best efforts to provide for collocation.
C.Â
If the applicant does intend to collocate or to permit
collocation, plans and elevations, which show the ultimate appearance
and operation of the personal wireless service facility at full build-out
shall be submitted.
Special consideration shall be given to wireless
telecommunications facilities located in accordance with the following
prioritized locations:
A.Â
The first priority shall be on existing telecommunications
towers, existing water towers or standpipes, high-voltage lines support
towers, or railroad right-of-way catenary structures, located within
or near the Township and owned by either a public or private utility,
a railroad corporation, or the Township or other municipality.
B.Â
The second priority shall be on existing nonresidential
buildings and structures in the PMUD and I-100 Zones.
C.Â
The third priority shall be on existing nonresidential
buildings and structures in all other permitted zones.
D.Â
The fourth priority shall be on new telecommunications
towers on lands owned, leased or otherwise controlled by the Township.
In addition to the site plan submission requirements in Chapter 85 of the Township Code, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
A.Â
Comprehensive service plan. In order to provide proper
evidence that any proposed location for a new wireless telecommunications
facility (including supporting tower, antennas, and/or ancillary buildings
enclosing related electronic equipment) has been planned to result
in the fewest number of towers within the Township at the time full
service is provided by the applicant throughout the Township, the
application shall submit a comprehensive service plan. Said comprehensive
service plan shall indicate how the applicant proposes to provide
full service throughout the Township and, to the greatest extent possible,
said service plan shall also indicate how the applicant's plan is
coordinated with the needs of all other providers of telecommunications
services both within and near the Township. The comprehensive service
plan shall indicate the following:
(1)Â
Whether the applicant's subscribers can receive adequate
service from antennas located outside of the borders of the Township.
(2)Â
How the proposed location of the antennas relates
to the location of any existing towers within and near the Township.
(3)Â
How the proposed location of the facility relates
to the anticipated need for additional antennas and supporting towers
within and near the Township by both the applicant and by the other
providers of telecommunications services within the Township.
(4)Â
How the proposed location of the antennas relates
to the objective of collocating the antennas of different service
carriers on the same tower.
(5)Â
How the proposed location of the facility relates
to the overall objective of providing full telecommunications services
within the Township, while at the same time limiting the total number
of towers in the Township to the fewest possible.
B.Â
A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other proposed structure, topography,
parking and other information deemed by the Planning Board to be necessary
to assess compliance with this article.
C.Â
Legal description of the entire tract and leased parcel
(if applicable).
D.Â
The setback distance between the proposed tower and
the nearest residential property line and dwelling unit.
E.Â
The separation distance from other towers and antennas.
F.Â
A landscape plan showing specific landscape materials,
including but not limited to species type, size, spacing and existing
vegetation to be removed or retained.
G.Â
Method of fencing and finished color and, if applicable,
the method of camouflage.
H.Â
A description of compliance with all applicable federal,
state or local laws.
I.Â
A notarized statement by the applicant as to whether
construction of the tower will accommodate collocation of additional
antennas for other carriers, with an estimate as to the total number
of collocations possible.
J.Â
Identification of the entities providing the back-haul
network for the tower(s) described in the application and other telecommunications
sites owned or operated by the applicant in the Township.
K.Â
A letter of commitment to lease excess space to other
potential users at prevailing market rates and conditions. The letter
of commitment shall be in a form suitable for recording with the County
Clerk prior to the issuance of any permit and shall commit the tower
owner(s), property owner(s) and their successors in interest.
L.Â
A visual impact study containing, at a minimum, a
photographic simulation showing the appearance of the proposed tower
with at least three antenna arrays attached thereto, in addition to
any visible ancillary facilities, as viewed from at least eight locations
within a one to three mile radius of a proposed tower, taken from
locations within the Township where such tower will be most visible.
Such locations shall be chosen by the carrier with review and approval
by the Planning Board or designee to ensure that various potential
views are represented.
M.Â
During the public hearing process, at the request
of the Planning Board, the applicant shall schedule a crane or balloon
test in order to provide members of the Board and the general public
the opportunity to view a crane or balloon at the location and height
of the proposed tower.
N.Â
An analysis of the RFR levels at the facility as a
means of assessing compliance with the FCC's RE safety criteria. This
analysis shall:
(1)Â
Take into consideration all collocated radio frequency
transmitting antennas and/or nearby antennas that could contribute
to RFR levels at the facility.
(2)Â
Be performed by a RF engineer, health physicist or
similar knowledgeable individual.
(3)Â
Follow current methods recommended by the FCC for
performing such analyses.
A.Â
After the wireless telecommunications facility is
operational, the applicant shall submit, within 90 days of beginning
operations and at annual intervals from the date of issuance of the
building permit, existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by a RF
engineer, stating that RFR measurements are accurate and meet current
FCC guidelines.
B.Â
The applicant and coapplicant, as applicable, shall
maintain the personal wireless service facility in good condition.
Such maintenance shall include, but shall not be limited to, painting,
structural integrity of the mount and security barrier, and maintenance
of the buffer areas and landscaping.
A.Â
At such time that a licensed carrier plans to abandon
or discontinue operation of a personal wireless service facility,
such carrier shall notify the Township Clerk by certified U.S. 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 wireless telecommunications facility
shall be considered abandoned upon discontinuation of operations.
B.Â
Upon abandonment or discontinuation of use, at the
option of the Township, the carrier shall physically remove the personal
wireless service facility within 90 days from the date of abandonment
or discontinuation of use. "Physically remove" shall include, but
not be limited to:
(1)Â
Removal of antennas, mount, equipment shelters and
security barriers for the subject property.
(2)Â
Proper disposal of the waste materials from the site
in accordance with local, county and state solid waste disposal regulations.
(3)Â
Restoring the location of the personal wireless service
facility to its natural condition, except that any landscaping and
grading shall be handled at the direction of the Township Engineer.
C.Â
If a carrier fails to remove a personal wireless service
facility in accordance with this section, the Township shall have
the authority to enter the subject property and physically remove
the facility. The Planning Board will require the applicant to post
a bond at the time of approval to cover costs for the removal of the
personal wireless service facility in the event the Township must
remove the facility.