Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE XIX
Telecommunications Towers and Antennas
§ 130-142 Regulations for telecommunications towers and antennas.
A.
Permitted as conditional uses in nonresidential zones.
(1)
Subject to the conditions set forth in this section and to site plan approval, except as otherwise provided below, new telecommunications towers and antennas shall be permitted as conditional uses in the AG Agricultural District and OP Office Park District.
(2)
Telecommunications towers and antennas shall not be permitted in the PVD-1, PVD-2 and PVD-3 Planned Village Residential Districts; R-1 Residential District; C Commercial District; or V Village District.
B.
Preexisting towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this section (nonconforming wireless telecommunications towers) are subject to the following provisions:
(1)
Nonconforming wireless telecommunications towers may continue in use for the purpose now used but may not be expanded (i.e., by increasing size or height, or by adding additional users) without complying with this section.
(2)
Nonconforming wireless telecommunications towers which 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 section. However, should the destruction or damage be determined by the Chesterfield Zoning Board to be of such an extent that it is beyond the scope and intent of the "partial destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration will require compliance with this section.
(3)
The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade (but not expand such telecommunications tower or increase its height or reduce the 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 section.
C.
General requirements for towers and antennas.
(1)
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Chesterfield Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with § 130-142A above, shall be located in accordance with the following prioritized locations:
(a)
Existing towers. The first priority location shall be collocation on existing telecommunications towers or proposed towers within the Township or neighboring municipalities used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of an electronic communication; provided, however, that locations which meet this criteria shall be subject to the design and siting components of this section, and collocation sites shall not become "antenna farms" or otherwise be deemed by the Land Use Board to be visually obtrusive.
(b)
Publicly used structures. The second priority location shall be on land or structures to be owned by, in order of specific preference: the Township of Chesterfield; the Board of Education of the Township of Chesterfield; the County of Burlington; the State of New Jersey; any other state, county or local governmental agencies or bodies. These publicly used structures are preferred locations throughout the Township because they appear in many zoning districts, are disbursed throughout the Township and, due to their institutional or infrastructure uses, are generally similar in appearance to, or readily adaptable for, telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on a commercial or residential structure. Publicly used structures include, but are not limited to, facilities such as municipal buildings, police or fire stations, schools, libraries, utility structures, water towers, elevated roadways, bridges, flag poles, clock or bell towers and light poles.
(c)
The third priority location shall be wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations, particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.
(d)
The fourth priority location shall be where the applicant can add on to, or install in, existing buildings or structures such as steeples, silos, barns or telephones and power lines within the Township or neighboring communities.
(e)
The fifth priority location shall be such locations as the applicant proves are essential to provide required service to the Chesterfield Township area.
(2)
The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no such existing suitable facility within the service area that could be utilized.
(3)
Additionally, if multiple sites for new towers that meet all other qualifications are available, the site with the least visual impact should be selected; if only a single qualifying site is available, the best location on the site that meets all other standards must be used.
D.
Collocation policy.
(1)
Each applicant for a new telecommunications tower shall present documentary evidence regarding the need for wireless antennas within the Township of Chesterfield. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Township.
(2)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocation sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer shall be paid from escrow funds supplied by the applicant.
(3)
Applicants proposing to construct new telecommunications towers shall document the locations of all existing and/or proposed telecommunications towers within the Township of Chesterfield and surrounding areas with coverage in the Township as well as any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities. Applicants 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. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence between the applicant and the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, as amended, (hereinafter "FTA") cannot be provided without the proposed tower.
E.
Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(1)
How the proposed location of the telecommunications tower relates to the object of providing full wireless communications services within the Township of Chesterfield area;
(2)
How the proposed location of the proposed telecommunications tower relates to the location of any existing antennas within and near the Chesterfield Township area;
(3)
How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Chesterfield Township area by the applicant and by other providers of wireless communications services within the Chesterfield Township area;
(4)
How the proposed location of the proposed telecommunications tower relates to the objective of collocating the antennas of many different providers of wireless communications services on the same wireless telecommunications tower; and
(5)
How its plans specifically relate to, and are coordinated with, the needs of all other providers of wireless communications service within the Chesterfield Township area.
F.
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, the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a different compliance schedule is mandated by the controlling state or federal agency, in which case the latter scheduling will control. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
G.
Safety standards/building codes. To ensure the structural integrity of towers, the owner of a telecommunications facility shall initially provide proof to the Board, and if approval is granted, shall thereafter continually ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time, and as may be published by the Electronics Industries Association or such other agency or association having expertise in the field. Owners of towers shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity; said inspection shall be conducted by a qualified independent engineer licensed to practice in the State of New Jersey, and the results of such inspection shall be provided, by way of written report, to the Township Committee of the Township of Chesterfield. Failure to undertake said inspection and/or provide the Township with the aforementioned report shall constitute grounds for the removal of the tower or antenna at the owner's expense and shall terminate the right to use the property for this purpose.
H.
Tower setbacks. The following setback requirements shall apply to all telecommunications towers and antennas; provided, however, that the Planning Board may reduce the standard setback requirements of the section if the goals of the section would be better served thereby; and, in the event any of the following provisions conflict with one another, then the more strenuous and stringent standards shall apply:
(1)
Towers shall meet the setbacks of the underlying zoning district with the exception of the OP Office Park Districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another OP Office Park zoned property and the tower does not encroach upon any easements.
(2)
Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Street Plan of the Township by a minimum distance equal to 1 1/2 of the height of the tower, including all antennas and attachments.
(3)
Towers shall not be located between a principal structure and a public street, with the following exceptions that on sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
(4)
Towers must be set back a distance equal to 1 1/2 times the height of the tower from any off-site residential structure.
(5)
For antennas attached to the roof or a supporting structure on a roof top, a one to one setback ratio (example: ten-foot high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.
(6)
A tower's setback may be reduced, or its location in relation to the public street varied, at the discretion of the Board to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, tower line support device or similar structure.
I.
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 such other requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located only on a portion of such lots.
J.
Abandonment and removal.
(1)
Abandonment. Any telecommunications tower and equipment which are not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its costs. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna as set forth below.
(a)
If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner must first apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna was a new tower or antenna.
(2)
Removal. When an owner of a telecommunications tower and antenna and accompanying equipment ("facility") who has been notified to remove same fails to do so within 60 days of receipt of notice from the Township notifying the owner and/or operator of such abandonment and the need to remove same, then the Township may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of tower removal and site restoration. The amount of the bond shall have taken into consideration any cost escalation that may be reasonably anticipated.
(a)
Any delays by the Township in taking action under this clause shall not in any way waive the Township's right to take action.
K.
Principal accessory and joint uses.
(1)
Accessory structures used in direct support of a telecommunications tower shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.
(2)
Telecommunications towers may be located on sites containing another principal use in the same buildable area.
L.
Monopole construction. When collocation or alternative tower structures are determined to be unavailable, monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type pole is necessary for the collocation of additional antennas on the tower. In addition to the above, the applicant shall provide any and all plotting and mapping that it intends to rely upon at the hearing, and such submission shall be made at least 10 days prior to the public hearing where the application will first be heard. Without such information, the application will be deemed incomplete.
[Amended 4-8-2009 by Ord. No. 2009-11]
M.
Additional submission requirements. A report from a qualified expert containing the following shall be required:
(1)
A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.
(2)
Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in their current adopted standards and revisions.
(3)
Indicates the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas.
(4)
Description of the tower's capacity, including the number and type of antennas that it can accommodate.
(5)
Statement detailing current FCC information concerning wireless telecommunications towers and radio frequency admission standards as well as information on the projected power density of the proposed facility and how it meets the FCC standards.
(6)
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation.
N.
Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site shall be submitted at the time of the application.
O.
Visual impact study. A visual impact study, graphically simulating through models, computer enhanced graphics or similar techniques the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications tower where the wireless telecommunications tower will be most visible, shall be submitted. Aerial photographs of the impact area shall also be submitted. In addition, at least 10 days prior to the date scheduled for the public hearing on the application, the applicant shall arrange for the flotation of a device, such as a balloon or other object, to be "floated" or located at fixed point which equals the height of the proposed tower and/or equipment facilities. The balloon and/or similar object shall be of such size that it is easily visible from a ground distance of 1/2 mile, measured by way of radius from the center of the proposed tower or communications facility. The balloon or other object shall be kept at this location through the conclusion of the hearing.
P.
Design requirements. Telecommunications towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment or is necessary for the collocation of additional antennas on the tower.
Q.
Aesthetics. Whether collocating on an existing tower, structure or the like or constructing a new tower in accordance with the provisions of this chapter, the design of the buildings and related structures used for the applicant's use at the site shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and built environment. The towers themselves shall be of a color appropriate to the tower's locational context so as to make it as unobtrusive as possible unless otherwise required by the FAA. To the extent that any local communications facility or its supporting new tower extend above the height of the vegetation immediately surrounding it, they shall be painted in a light gray or light blue hue which blends with the sky.
R.
Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation except where a design of nonvegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
S.
Landscaping.
(1)
Landscaping shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
(2)
The following standards shall apply to clearing and landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be the minimum necessary to allow for access to and operation of the facility.
(b)
The lower portions of local communications facilities which will be located adjacent to residential zones, recreational areas or public roads shall be partially screened at ground level from public view in the following manner:
[1]
One or more rows of evergreen trees, at least six feet to eight feet in height when planted and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be spaced not more than seven feet apart around all lattice towers and any monopole more than 50 feet tall.
[2]
Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade and spaced not more than 20 feet apart shall be planted around the evergreen trees.
[3]
The screening shall be maintained and replaced as necessary while the facility is in service.
T.
Lighting. No lighting is permitted except as follows:
(1)
Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(2)
No lighting is permitted on a wireless telecommunications 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.
U.
Height. The antenna and any supporting structure shall not exceed 200 feet in height, but if a lesser height is proposed, it shall be designed so that its height can be increased to 200 feet in order to accommodate other local communications facilities in the future.
V.
Signs and advertising. No advertising is permitted on a telecommunications tower or accompanying facilities. Only signs for warning or equipment information shall be permitted on any portion of a tower or equipment building.
W.
Fencing and other security devices. Telecommunications towers and equipment buildings in compounds shall be surrounded with a security feature, including an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facilities, and shall be further surrounded with a security fence. Additional safety devices shall be permitted or required as needed and as approved by the Board as may be necessary.
X.
Noise. No equipment shall be operated so as to produce noise in excess of limits set by the Township's Noise Ordinance except in emergency situations requiring the use of a backup generator.
Y.
Radio frequency emissions.
(1)
The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission, and telecommunications towers that meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(2)
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the RF emissions from the local communications facility. Such measurements shall be made by a qualified technician, who shall certify that the measurements are within applicable limits.
Z.
Application requirements.
(1)
Preapplication conference. Early consultation by applicants with municipal officials is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the appropriate board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the board will meet with the applicant at the next regularly scheduled meeting of the board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and engineering drawings to inform the board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the board.
(2)
Site plan approval by the appropriate board shall be required before any new local communications facility may be erected. The following information shall be submitted to the appropriate board for its review:
(a)
A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 1 1/2 times the height of the proposed tower but no less than 200 feet (including adjacent municipalities); any roads within 1 1/2 times the height of the proposed tower but no less than 200 feet; proposed means of access; limits of clearing; and setbacks from property lines;
(b)
Photos of the proposed site of the facility showing current conditions;
(c)
The setback distance from the nearest structure;
(d)
A map showing the location of all other local communications facility towers and other structures, existing and proposed, within the municipality as well as outside of the municipality within a twenty-mile radius. The applicant shall also identify the height and type of construction of all such structures;
(e)
A landscape plan showing proposed landscaping;
(f)
The location and type of fencing, if applicable, and the type, location, color and power of any illumination;
(g)
An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower if a tower is proposed;
(h)
An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility;
(i)
Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility (either by inclusion of the site in a Pinelands certified plan or at any public meeting on the application) that the selected site meets their operational needs and space requirements for equipment sheds and the like;
(j)
Evidence that all notice procedures have been filed;
(k)
Computer simulation models, photographic juxtaposition or a similar technique shall be submitted in support of the application to show how the facility will appear on the site and will be used by the appropriate board in determining conformance with the visual impact standards of this section;
(l)
Information required for all other standards of the land development code; and
(m)
In the event that co-location is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township, in writing, as least 10 days prior to the hearing.
[Amended 4-8-2009 by Ord. No. 2009-11]
(n)
In any application, the Township may retain a technical expert in the field of RF engineering to verify if co-location at a site is not feasible or is feasible given the design configuration most accommodating to the co-location or that a new tower has less visual or other impact at an alternative site. The cost for such a technical expert will be at the expense of the applicant through the escrow fund.
[Added 4-8-2009 by Ord. No. 2009-11]
§ 130-143 Violations and penalties.
A.
Any person who attempts to erect or erects a telecommunications tower or antennas covered by this article without having first obtained the necessary approvals, variances or building permits in the manner provided in this article, shall be deemed in violation of this article. Any responsible party or other persons convicted by a court of competent jurisdiction or violating any provision of this article shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days or by a sentence of community service not to exceed 90 days.
B.
If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this article or without obtaining the required approvals or permits, or if any building, structure or land is used in violation of this article, the Township Solicitor, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violations. Each and every day that such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense. In the event that the Township is successful in securing the judicial relief requested, then the owner and operator of the telecommunications tower shall be jointly and severally liable for the reasonable costs and attorneys fees incurred by the Township in the course of said action.