Aberdeen Township City Zoning Code
§ 25-6.10
Wireless Communication Facilities.
[Ord. No. 3-2006 § 1, 609; Ord. No. 25-2010]
a. WIRELESS COMMUNICATION WIRELESS COMMUNICATION ANTENNA WIRELESS COMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
shall mean any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under seventy (70) feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include non-wireless telephone service.
shall mean any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined hereinabove. For the purposes of this ordinance, wireless communication antennas shall not be considered to be a public utility.
shall mean a free-standing monopole structure on which one (1) or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
b.
Overall Purposes.
1.
It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communication antennas within the Township of Aberdeen that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Aberdeen Township Master Plan and Land Development Ordinance.
2.
It is understood by the Township of Aberdeen that the Federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
3.
However, it also is understood by the Township of Aberdeen that the Federal Telecommunications Act of 1996 ("FTA") expressly preserves the zoning authority of the Township to regulate the placement, construction and modification of personal wireless service facilities subject to the six (6) limitations noted at § 332 (c)(7)(B) of the FTA.
4.
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.
c.
Overall Objective. The overall objective of this section is to allow the provision of wireless communication services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact the prevailing suburban, residential character of the Township and the quality of life enjoyed by its residents.
d.
Specific Goals.
1.
To minimize the total number of wireless communication towers within the Township of Aberdeen;
2.
To limit the impact of wireless communication antennas, towers and related facilities upon the residences and the streetscapes throughout the Township of Aberdeen;
3.
To safeguard the prevailing suburban, residential character of development throughout the Township of Aberdeen, with particular emphasis on maintaining the prevailing character of the residential neighborhoods throughout the Township;
4.
To encourage the location of antennas upon, or within, appropriately located existing structures including, but not limited to, existing towers, poles, and steeples;
5.
To encourage the collocation of antennas on the fewest number of existing structures within the Township of Aberdeen;
6.
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, siting, landscape screening and innovative camouflaging techniques;
7.
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
8.
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these ordinance provisions to provide such services quickly, effectively and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332 (c) (7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
e.
Exemptions of Applicability. This section shall not apply to any tower or the installation of any antenna that is under seventy (70) feet high and is owned and operated only by a Federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor shall it apply to any parabolic satellite antennas or non-wireless telephone services.
f.
Locations Where Wireless Communication Antennas May be Located. Wireless communication antennas may be located only at the following two (2) prioritized locations:
1.
First Priority Locations. The first priority locations for wireless communication antennas shall be on the existing towers and poles or within the existing church steeples in the Township of Aberdeen which are specifically identified in the Addendum I Table[1] and the accompanying Map to this section, each of which are dated January 30, 2006; antennas so located are permitted uses in the zoning districts in which the identified existing structures are located, notwithstanding any other provision of this chapter to the contrary; except, there shall be no requirement for an existing antenna or tower if the proposed location is on Township property.
[1]
Editor's Note: The Addendum I Table and Map are included as an attachment to this chapter.
2.
Second Priority Locations: The second priority locations for wireless communication antennas shall be on new wireless communication towers on land areas within the "HC" Highway Commercial zoning district or within the "LI" Limited Industrial zoning district, and antennas so located are conditionally permitted uses.
g.
Requirements for First Priority Locations.
1.
Notwithstanding any provision of these "Land Development Ordinance" provisions of the Township of Aberdeen to the contrary, the location and height of antenna(s) on, or within, any of the existing structures within the Township identified in the Addendum I Table and any accessory cabinets enclosing the related electronic equipment, shall be considered permitted uses in the subject zoning district and, therefore, shall not require "conditional use" approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law, nor shall any variance be required in accordance with N.J.S.A. 40:55D-70d. of the Municipal Land Use Law. Towers and antennas located on a municipal property shall not exceed one hundred fifty (150) feet in height.
2.
Moreover, the location and height of the antenna(s) on, or within, any of the existing structures within the Township identified in the Addendum I Table, and any accessory cabinet(s) enclosing the related electronic equipment, shall not require "site plan" approval, but shall require an application to the Aberdeen Township Planning Board for administrative review after said application is reviewed and approved by the Aberdeen Township Engineer and the Township Land Use Planner.
Editor's Note: The Addendum I Table and Map can be found at the end of this subsection 25-6.10, Wireless Communication Facilities.
3.
The applicant first shall meet with the Township Engineer and the Township Land Use Planner to discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any accessory cabinet(s) enclosing the related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas.
4.
(Reserved)
5.
Once approved by the Aberdeen Township Engineer, the Aberdeen Land Use Planner and the Aberdeen Township Planning Board, no construction permit shall be issued by the Township Construction Official until he or she is in receipt of final plans signed by the Aberdeen Township Engineer, Aberdeen Land Use Planner, and the Aberdeen Planning Board Secretary and Chairman.
6.
In any case, the height of any proposed antenna extending above any existing structure shall not exceed twenty (20) feet and, if feasible, all antennas shall be flush mounted antennas totaling no more than six (6) in number.
7.
An escrow account of five thousand ($5,000) dollars shall be established by the applicant with Aberdeen Township to pay for the time expended by the Township Engineer and Township Land Use Planner.
h.
Requirements for Second Priority Locations.
1.
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the "HC" Highway Commercial zoning district or on lands within the "LI" Limited Industrial zoning district), any such proposed tower, antennas and related equipment shall require conditional use review and approval in accordance with the applicable requirements of subsection 25-6.6a; as well as preliminary and final site plan reviews and approvals in accordance with the applicable requirements of Section 25-8 of this chapter.
2.
The following information shall be submitted for site plan approval for second priority locations, and the referenced paragraphs i., j., k., and l. of subsection 25-6.10 contain the specific conditions, standards and limitations for wireless communication antennas on new wireless communication towers in the Township of Aberdeen:
(b)
In order to be declared complete, the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with paragraph i. of subsection 25-6.10 hereinbelow;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the "Area and Setback Conditions" set forth in paragraph j. of subsection 25-6.10 hereinbelow;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the "Design Conditions" set forth in paragraph k. of subsection 25-6.10 hereinbelow;
(e)
In order to be declared complete, the initially submitted application shall include the "Additional Conditions" indicated in paragraph l. of subsection 25-6.10, hereinbelow; and
(f)
During the public hearing process, the applicant shall schedule the time for a crane test with the Secretary of the Planning Board in order to provide the members of the Planning Board and the general public the opportunity to view a crane at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Planning Board, including photographic reproductions of the crane test, graphically simulating the appearance of the proposed tower, with at least three (3) antenna arrays attached thereto and from at least fifteen (15) locations around and within one (1) mile of any proposed tower where the tower will be most visible.
i.
Overall Comprehensive Plan for Second Priority Locations.
1.
In order to effectuate the purposes, objectives and goals of these ordinance provisions, any applicant for approval to erect a new supporting tower for wireless communication antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within and around the Township of Aberdeen at the time full service is provided by the applicant.
2.
The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service within and around the Township of Aberdeen and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Township.
3.
The overall comprehensive plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
(a)
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one (1) mile of the subject site, both within and outside of Aberdeen Township;
(b)
The mapped location and written description of all existing or approved water towers or water standpipes and existing high tension power line stanchions within one (1) mile of the subject site, both within and outside of Aberdeen Township;
(c)
Why the proposed antennas could not be located on any of the structures listed and mapped in Addendum I attached to these ordinance provisions;
(d)
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Township of Aberdeen by the applicant and by other providers of wireless communication services within the Township;
(e)
How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
(f)
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Township of Aberdeen while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
j.
Area and Setback Conditions for Second Priority Locations.
1.
The proposed tower, antennas and ancillary related electronic equipment are required to be located on a land area no less than twenty thousand (20,000) square feet;
2.
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
3.
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the required twenty thousand (20,000) square foot land area, whether a separate lot or a leased portion of a lot; and
4.
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within the following areas:
(a)
Within one hundred (100) feet of any Street line;
(b)
Within two hundred (200) feet of any lot line other than a Street line;
(c)
Within one thousand (1,000) feet of an historic district or site as duly designated by Aberdeen Township, Monmouth County, the State of New Jersey and/or by the Federal government;
(d)
Within five hundred (500) feet of any existing residential dwelling unit; and
(e)
Within five hundred (500) feet of any residential district boundary line, except that this provision shall not apply to any residential district boundary line within the right-of-way of the Garden State Parkway.
k.
Design Conditions for Second Priority Locations.
1.
All towers shall be a monopole design.
2.
All towers shall be camouflaged (e.g., housed in a bell tower, etc., or made to look like a tree or a non oversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Township and the existing land uses and vegetation in the vicinity of the subject site.
3.
The height of any proposed new tower and the antennas attached thereto shall not exceed one hundred and twenty-five (125) feet from the existing ground level beneath the tower, unless a higher height is approved by the Planning Board for collocation purposes.
4.
No signage is permitted except such information signs deemed necessary for safety purposes by the Planning Board.
5.
Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
6.
No lighting is permitted on a tower 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. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
7.
Individual cabinets for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
(a)
Any proposed cabinet enclosing required electronic equipment shall not be more than twenty (20) feet in height nor more than two hundred and fifty (250) square feet in area, and only two (2) such shelters shall be permitted for each provider of wireless communication services located on the site;
(b)
No electronic equipment shall interfere with any public safety communications;
(c)
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
(d)
All of the cabinets for the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a single one and one-half (1 1/2) story building, which building shall not exceed two thousand (2,000) gross square feet in area and twenty-five (25) feet in height, and which shall be designed with a single-ridge, pitched roof with a residential appearance; and
(e)
The building may have one (1) 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 workers are at the building.
8.
Between the location of the tower and the building enclosing related electronic equipment and any public Street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower during all four (4) seasons of the year, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public Street;
(b)
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight (8) feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three (3) inches at time of planting.
l.
Additional Conditions for Second Priority Locations.
1.
Documentation by a qualified expert that any proposed tower 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 Telecommunication Industry Association (TIA) have been met; and
2.
A letter of intent by the applicant, in a form that is reviewed and approved by the Planning Board Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication carriers at reasonable rates that are economically viable.
m.
Location Preferences for New Towers. The following are not conditions, standards and limitations for the location of new wireless communication towers, but are preferences of the Township:
1.
To the greatest extent possible, no tower shall be located to be visible from
any historic district or site as duly designated by the Township of Aberdeen, Monmouth County, the State of New Jersey and/or by the Federal government.
2.
To the greatest extent possible, no tower shall be located to be visible from any street.
3.
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
n.
Other Requirements.
1.
All other applicable requirements of this subsection not contrary to the conditions, standards and limitations specified herein shall be met, but waivers and/or variances of such other applicable requirements may be granted by the Planning Board.
2.
The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board, in a form approved by the Planning Board Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. Any wireless communication facility not used for its intended and approved purpose for a period of six (6) months shall be considered "no longer operative" and shall be removed by the responsible party within sixty (60) days thereof.
o.
Technical Review. In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary, also at the applicant's expense.
p.
Application for "Use" Variances to the Zoning Board. Any application submitted to the Aberdeen Township Zoning Board of Adjustment for a "use" variance to construct or install wireless communication antennas and/or a new wireless communication tower in a location not permitted by this subsection or for a variance from any of the conditions, standards and limitations established for second priority locations in this subsection shall be required to submit all of the information required herein for second priority locations, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Zoning Board of Adjustment."