Freehold Township City Zoning Code
ARTICLE XVI
Telecommunications Towers and Antennas
§ 190-167 Purpose.
A.
The purpose of this article, together with § 190-206 for the siting of wireless telecommunications towers and antennas is to:
(1)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2)
Encourage the location of towers in appropriate locations;
(3)
Minimize the total number of towers throughout the Township;
(4)
Strongly encourage the joint use of approved tower facilities as a primary option rather than construction of new or additional single-use towers;
(5)
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8)
Consider the public health and safety of communication towers; and
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these goals, Freehold Township shall give due consideration to the Township Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 190-168 Nonapplicability to amateur radio stations and to receive-only antennas.
The provisions of this article shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a "receive only antenna" in accordance with Federal Communications Commission (FCC) regulations. (See § 190-104C.)
§ 190-169 Antennas and towers permitted on Township property.
Wireless communications towers and antennas which are located on property owned, leased, or otherwise controlled by the Township of Freehold and which are approved by the Township Committee or a Freehold Township Fire District and which are approved by the Board of Fire Commissioners, shall be deemed to be permitted as a municipal facility in any zone district.
§ 190-170 General requirements.
A.
Principal or accessory use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
B.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
C.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Township as part of the application an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Freehold Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of Freehold Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
D.
Uniform construction code; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and municipal codes including the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
E.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Freehold Township have been obtained and shall file a copy of all required franchises with the Township.
F.
Public notice. For purposes of this section, any variance request, conditional use application or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 190-206I in addition to any notice otherwise required by this chapter.
G.
Signs. No advertising signs shall be allowed on an antenna or tower.
H.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 190-206J.
I.
Multiple antenna/tower plan. Freehold Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
J.
K.
Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall conform with the requirements and specifications set forth in the Wireless Communication Facilities Notification Checklist as adopted by § 190-4B(10)[1] and submit the following information:
[Amended 6-28-2016 by Ord. No. O-16-6]
(1)
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 190-206I adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 190-206I shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(5)
A landscape plan showing specific landscape materials.
(6)
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(8)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(10)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
(11)
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(12)
A completed and executed Wireless Communication Facilities Modification Checklist.
[1]
Editor's Note: Said checklist is on file in the office of the administrative officer.
L.
Factors considered in granting approval for towers. In addition to any standards for consideration of site plans pursuant to this chapter and requirements set forth in § 190-206, the municipal agency shall consider at least the following factors in determining whether to issue an approval:
(1)
Height of the proposed tower;
(2)
Proximity of the tower to residential structures and residential district boundaries;
(3)
Nature of uses on adjacent and nearby properties;
(4)
Surrounding topography;
(5)
Surrounding tree coverage and foliage;
(6)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7)
Proposed ingress and egress; and
(8)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this section, § 190-170K(10) of this chapter.
(9)
Whether the proposed tower is being deployed in response to an emergency or temporary situation, and whether the applicant has received federal exemptions from environmental notification, antenna structure registration, or similar applicable federal notification requirements.
[Added 6-28-2016 by Ord. No. O-16-6]
M.
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the municipal agency may waive such requirements, as it deems appropriate.
N.
Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
(1)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
(2)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(3)
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
O.
In approving the tower the municipal agency may impose conditions, including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
§ 190-171 Removal of abandoned antennas and towers.
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Freehold notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties.
§ 190-172 Preexisting towers and facilities.
[Amended 6-28-2016 by Ord. No. O-16-6]
A.
Preexisting towers which are operating at the time of the adoption of this article[1] shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in § 190-171 shall apply.
B.
Required documentation for collocation applications. An applicant requesting approval for a collocation, removal, or replacement of equipment at an existing wireless communications tower, base station, or other facility on which wireless communications equipment is located, shall submit the following documentation to the Township Committee for review:
(1)
A location plan drawn to scale and clearly indicating the location, type and height of the proposed equipment, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 190-206I, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(2)
Legal description of the parent tract and leased parcel (if applicable).
(3)
The finished color and, if applicable, the method of camouflage and illumination of the existing structure and equipment.
(4)
The finished color and, if applicable, the method of camouflage and illumination of the proposed structure and equipment.
(6)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(7)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
(8)
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed collocation is permitted.
(10)
A description of the type and quantity of equipment to be installed.
(11)
A description of the number and size of any equipment cabinets to be installed on the tower or base station.
(12)
A description of the number and size of any equipment cabinets to be installed on the ground.
(13)
A description of any excavation required.
(14)
A description of the change in tower height as a result of the proposed collocation, removal, or replacement.
(15)
A description of the change in the height of any other structure as a result of the proposed collocation, removal, or replacement.
(16)
A description of the change in width of the tower or structure at the height of the proposed collocation, removal, or replacement.
(17)
A description of the proximity of the equipment to any other equipment on the same structure and of the visibility of the proposed equipment from the surrounding property.
(18)
A description of the noise level emitted by any proposed equipment.
C.
Review of collocation applications. Collocation applications shall be reviewed by the Township Committee pursuant to the following:
(1)
Timeframe for review. The Township Committee shall determine whether an application for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station constitutes a substantial change pursuant to § 190-172D within 60 days of receipt of the application. Applications that do not substantially change the tower or base station shall be approved within this time period. This sixty-day period may be extended by mutual agreement of the Township Committee and the applicant.
(2)
Incomplete applications. The Township Committee may toll the sixty-day timeframe set forth in Subsection C(1) by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The sixty-day timeframe shall begin again upon receipt of the supplemental submission.
(3)
Subsequent incomplete applications. The Township Committee may thereafter toll the sixty-day timeframe by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
(4)
Complete applications. The Township Committee shall, within the sixty-day timeframe, approve all complete applications for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station that do not constitute a substantial change pursuant to § 190-172D, and that do not otherwise violate applicable health and safety requirements. If the Township Committee determines that an application constitutes a substantial change to an existing wireless communications tower or base station, it shall notify the applicant of same, and proceed to consider the application according to the provisions of this article; the sixty-day timeframe does not apply to substantial changes.
(5)
Applications on improper towers. Notwithstanding Subsection C(4), above, the Township Committee is not obligated to approve an application for collocation, removal, or replacement of equipment on a tower or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.
(6)
Failure to act. If the Township Committee does not approve or deny an application for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Township Committee in writing that the review period has expired. Upon the Township Committee's receipt of this notice from the applicant, the application shall be deemed granted.
D.
Collocation applications constituting a substantial change.
(1)
A proposed modification shall constitute a substantial change to an existing structure if it meets any of the following criteria:
(a)
For towers outside of public rights-of-way, it increases the height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for those towers in the rights-of-way and for all base stations, it increases the height of the tower or base station by more than 10% or 10 feet, whichever is greater;
(b)
For towers outside of public rights-of-way, it protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for those towers in the rights-of-way and for all base stations, it protrudes from the edge of the structure more than six feet;
(c)
It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
(d)
It entails any excavation or deployment outside the current site of the structure;
(e)
It would defeat the existing concealment elements of the structure; or
(f)
It does not comply with conditions associated with the prior approval of construction or modification of the structure unless the noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds identified above.
(2)
Any such change shall be determined by measuring the change from the dimensions of the structure as originally approved or as of the most recent modification that received local zoning or similar regulatory approval prior to the passage of the Middle Class Tax Relief and Job Creation Act of 2012, whichever is greater.
E.
Fees and compensation for co-location, removal or replacement applications.
[Added 5-22-2018 by Ord. No. O-18-6]
(1)
Any applicant seeking to co-locate, remove, or replace equipment at an existing wireless communications tower, base station, or other facility on which wireless communications equipment is located shall pay a fee as provided in Chapter 150, Fees, which represents the Township's costs in processing said application.
(2)
The application fee shall be deposited with the Township as part of the application filed pursuant to this section.
(3)
All applicants seeking to co-locate, remove, or replace equipment at an existing wireless communications tower, base station, or other facility on which wireless communications equipment is located shall establish and maintain an escrow deposit in the amount of $3,000 with the Township. The Township shall be entitled to reimbursement from the escrow account for all direct and indirect costs and expenses incurred by the Township in connection with any review of the application. Any interest earned on the deposit shall accumulate and be credited to the escrow amount being held by the Township. In the event the escrow or deposit shall be reduced to $1,000 or less, upon notice from the Township's Chief Financial Officer, the applicant or licensee shall replenish the escrow account to $3,000 within 15 days of the date of the notice. Upon written request made by the applicant upon the Township's Chief Financial Officer, it shall be entitled to an itemized accounting of deposits and withdrawals to and from its escrow fund. Such request may not be made more often than monthly and may not cover a period of time more than 12 months prior to the request.
(4)
Prior to the issuance of a construction permit, the permittee shall pay a permit fee as provided in Chapter 150, Fees, which represents the Township's costs of processing said permit.
(5)
The regulatory fees and costs provided for in this article are separate from, and additional to, any and all federal, state, local and Township taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.