Franklin Township City Zoning Code
§ 90-59.1
Wireless telecommunications equipment and facilities.
[Added 12-28-1998 by Ord. No. 98-16]
A.
Purpose. The purpose of this section is to regulate the location and placement of wireless telecommunications towers, antennas and equipment compounds associated with towers and antennas within the Township of Franklin. It is also the purpose of this section to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the countryside that the Franklin Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunications towers. The goals of this section are to:
(1)
Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in nonresidential areas and along major transportation corridors;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of 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 effectively and efficiently;
(8)
Consider the public health and safety impact of communications towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
B.
Permitted use/conditional use treatment.
(1)
Notwithstanding anything in this Chapter 90 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under § 90-64.1 of this chapter and consistent with the visual compatibility requirements of § 90-59.1C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant also shall meet the standards of § 90-59.1D.
C.
Visual compatibility requirements.
(1)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be located, designed and screened to blend with the existing natural or built surroundings so as to minimize visual impacts through the use of color and camouflaging, architectural treatment, landscaping and other available means considering the need to be compatible with neighboring residences and the character of the community.
(2)
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of wireless telecommunications facilities.
(3)
A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna provided it is:
(a)
Situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield the wireless telecommunications compound from public view; or
(b)
When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.
(c)
Located to avoid being visually solitary or prominent when viewed from residential areas and when in public view.
(d)
Enclosed within a solid wooden fence at least seven feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 15 feet.
D.
Conditional use standards for the location of wireless telecommunications antennas or towers.
(1)
An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any zone shall provide a sufficient showing so as to:
(a)
Prove the need for wireless telecommunications antennas at the proposed location. The evidence shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township.
(b)
Prove that a good faith attempt has been made to locate the antennas on existing buildings or structures within the applicant's search area. Efforts to secure such locations shall be documented through correspondence by or between the wireless telecommunications provider and the property owner of the existing buildings or structures. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following items:
[1]
No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirements to provide reliable coverage.
[2]
Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3]
The provider's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the provider's proposed antenna.
[4]
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[5]
Other limiting factors that render existing towers and structures unsuitable.
(c)
Document the locations of all existing communications towers within the applicant's search area and 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 its attempt or attempts to collocate.
(d)
Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
(e)
Demonstrate efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the wireless provider and the property owner.
Priority | Zone | Equipment | Location | Permitted (p) or Conditional (c) | |
|---|---|---|---|---|---|
1 | Commercial | Antenna | Collocated with other antennas on existing structures or towers | p | |
2 | Commercial | Antenna | Existing structure or tower | p | |
3 | Residential | Antenna | Collocated with other antenna on existing structure or tower | c | |
4 | Residential | Antenna | Existing structure or tower | c | |
5 | Commercial | Tower | Construct a tower in a commercial area | c | |
6 | Residential | Tower | Construct a tower in a residential zone | c |
NOTES: Commercial includes the 1, IP, OB, C-1, C-2 and HC zones. [Amended 8-14-2000 by Ord. No. 2000-14] | |||||
E.
Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1)
Minimum lot size: as required by the zone district in which located or two acres, whichever is larger.
(3)
Minimum setback for equipment compound from any property line: the zone district setback requirements for a principal building.
(5)
Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
F.
Site plan application requirements for the installation of wireless telecommunications towers.
(2)
Land uses and structures on abutting parcels.
(3)
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(4)
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
(5)
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.
(6)
A copy of the lease or deed for the property.
(7)
A plan which shall reference all existing wireless telecommunications facilities in the Township and any such facilities in the abutting municipalities which provide service to areas within Franklin Township.
(8)
Any changes to facilities proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
G.
Design standards.
(1)
The wireless telecommunications tower shall be designed and constructed so as to accommodate a minimum of three antenna arrays of separate telecommunications providers (the applicant's plus two collocators).
(2)
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(3)
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds enclosing electronic equipment 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
(b)
No lighting is permitted on a wireless telecommunications tower.
(4)
Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(5)
Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6)
Wireless telecommunications facilities shall be surrounded by a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional security and safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(7)
Any proposed new telecommunications tower shall be designed to resemble a tree, silo, windmill or steeple in order to disguise and camouflage the tower so that it is consistent with the Township's agricultural and rural landscape.
[Amended 9-24-2001 by Ord. No. 2001-10]
(8)
No equipment shall be operated so as to produce noise in excess of the limits set by N.J.A.C. 7:29-1.1 et seq., except for in emergency situations requiring the use of a backup generator.
(9)
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
H.
Discontinuance of operations. Operators of wireless telecommunications towers and antennas, and owners of the property on which the facilities are located, shall notify Franklin Township when the use of such towers and antennas is discontinued. Facilities that are not in use for wireless telecommunications purposes for 12 months shall be removed by the operator at its cost. This removal shall occur within 120 days of the end of such twelve-month period. Upon removal, the site shall be cleared, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. Any lease between a property owner and an operator shall contain a requirement that the owner is responsible for removal in the event of abandonment by the operator, and the lease shall be recorded prior to the issuance of a zoning permit or construction permit. If the tower is to be located on lands owned by the operator, a declaration of covenants and restrictions establishing these requirements shall be recorded prior to the issuance of a zoning permit or construction permit.
I.
Collocation and shared facilities and sites. FCC-licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically and economically feasible.