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Greenwich Township City Zoning Code

§ 16-33 TELE

COMMUNICATIONS TOWERS AND TELE- COMMUNICATIONS ANTENNAS.

[Ord. No. 2001-1]
a. 
Purpose. The purpose of this section is to regulate the location and placement of telecommunications antennas and telecommunications towers, as well as other structures constructed in association with telecommunications antennas and telecommunications towers within the Township of Greenwich. It is also the purpose of this section to recognize that telecommunications towers that support telecommunications antennas negatively impact on the rural and historic character of Greenwich Township, further negatively impact environmentally sensitive areas, and denigrate open space, contrary to the purposes of the Greenwich Township Master Plan. The goals of this section are to:
1. 
Protect agricultural areas, open space preservation areas, residential areas, and town center areas from the potential adverse impacts of telecommunications towers and telecommunications antennas;
2. 
Encourage the location of telecommunications towers in nonresidential areas and along major transportation corridors;
3. 
Minimize the total number of telecommunications towers throughout Greenwich Township;
4. 
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use telecommunications towers;
5. 
Encourage users of telecommunications towers and telecommunications antennas to locate them, to the extent possible, in areas where the adverse impact on Greenwich Township is minimal;
6. 
Encourage the users of telecommunications towers and telecommunications 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 impact of telecommunications towers and telecommunications antennas and the use thereof on public health and safety; and
9. 
Avoid potential damage to adjacent properties from telecommunications tower failure through proper engineering and careful siting of telecommunications towers.
b. 
Conditional use. Telecommunications towers and telecommunications antennas shall be a conditional use in the B-2 Highway Business Zone District, ROM Research Office Manufacturing Zone District, I Industrial Zone District and B-I Business Industrial Zone District.
c. 
Prohibited use. Telecommunications towers and telecommunications antennas shall be prohibited in any zone district other than those in which telecommunications towers and telecommunications antennas are a conditional use.
d. 
Conditional use standards for the location of telecommunications antennas.
1. 
It shall be required that the applicant present documentary evidence regarding the need for telecommunications antennas at the proposed location. This information shall identify the communications network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township of Greenwich.
2. 
It shall be required that the applicant evidence a good faith attempt has been made to pursue the potential for collocation of its telecommunications antennas on existing telecommunications towers within the applicant's search area, whether or not within the Township of Greenwich, prior to the construction of an entirely new telecommunications tower in order that the total number of towers within the Township of Greenwich shall be minimized while achieving the wireless communications service goals of the applicant. In that regard, it shall be required that the applicant, if unsuccessful in securing a collocation agreement with the owner of an existing telecommunications tower, demonstrate, with specificity and documentary evidence, the efforts made to achieve collocation, the results of those efforts and the reasons for the applicant's inability to do so. In the event of the inability of an applicant to establish its telecommunications antennas collocated with the existing facilities of an already established telecommunications provider, the second priority site shall be the location of the proposed telecommunications antennas on an existing electric transmission tower or other existing buildings or structures.
3. 
Collocation of emergency services equipment. The applicant shall allow any of the emergency services of the Township of Greenwich, including but not limited to fire, rescue, first aid and police, to locate equipment on the telecommunications tower of the applicant.
e. 
Design standards for towers and antennas. The following design standards shall apply and be considered part of the site plan review process and require approval pursuant to N.J.S.A. 40:55D-46 and N.J.S.A. 40:55D-50:
1. 
Aesthetics. Telecommunications towers and telecommunications antennas shall meet the following requirements:
(a) 
All applicants shall camouflage all telecommunications towers which are not collocated on existing telecommunications towers or on an existing electronic transmission tower. In the event it is demonstrated that it is impossible to camouflage the telecommunications tower, the telecommunications tower shall be painted a neutral color so as to reduce visual obtrusiveness. This requirement shall be subject to any and all FAA regulations.
(b) 
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
(c) 
If a telecommunications antenna is installed on a structure other than a telecommunications tower or an existing electronic transmission tower, the antenna and supporting electrical and mechanical equipment must be at a neutral ratio that is identical to, or closely comparable with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
2. 
Lighting. No lighting shall be permitted except as follows, which shall be subject to review and approval of the appropriate land use Board as part of the site plan applications.
(a) 
A building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(b) 
No lighting is permitted on a tower except lighting specifically required by the FAA.
(c) 
Any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.
3. 
Maximum height. The maximum height for all telecommunications antennas located in the B-2 Highway Business Zone District, the ROM Research Office Manufacturing Zone District, the I Industrial Zone District, and the B-I Business Industrial Zone District shall be 150 feet. The maximum height for all telecommunications antennas located within property owned by the Township of Greenwich shall be 175 feet.
4. 
State and federal requirements. All telecommunications towers and telecommunications antennas must meet or exceed current standards and regulations of the FAA, the FCC and any other state or federal agency with the authority to regulate such uses, and when such raised standards and regulations are changed, then the owners of the telecommunications towers and telecommunications antennas governed by this section shall bring such telecommunications towers and telecommunications antennas into compliance with such revised standards 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. Failure to bring telecommunications towers and telecommunications antennas into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
5. 
Building codes. To ensure the structural integrity of telecommunications towers and telecommunications antennas, the owner of a telecommunications tower and/or telecommunications antennas shall ensure that it is constructed and maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for telecommunications towers and/or telecommunications antennas that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Greenwich concludes that a telecommunications tower or telecommunications antenna 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 telecommunications tower and/or telecommunications antenna, the owner shall have 30 calendar days to bring such telecommunications tower and/or telecommunications antenna into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the immediate removal of the telecommunications tower and/or telecommunications antenna by the owner or by the Township at the owner's expense. In addition, all telecommunications towers shall be constructed with sufficient load tolerance to accommodate the collocation of at least one additional telecommunications service.
6. 
Signs. No signs shall be allowed on the telecommunications antenna or telecommunications tower except as may be required by the FAA or FCC or as required by other law or ordinance.
7. 
Electronic equipment shelter buildings. Any proposed building related to electronic equipment shall not be more than 15 feet in height nor more than 600 square feet in area, and only one such building shall be permitted on the lot for each provider of communications services located on the site. In the event the use of the site becomes shared with a collocating wireless communications provider, there shall be permitted a maximum increase in overall area of existing electronic equipment shelter buildings of 200 square feet for each such subsequent collocating wireless communications provider.
8. 
Security. All towers shall be designated with anticlimbing devices in order to prevent unauthorized access. Additionally, any tower supporting cellular or other wireless tower antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet high, excluding barbed wire. The fence shall be bordered by a double stepped row of evergreen conifer trees of at least eight feet tall at the time of planting and shall be planted 10 feet on center.
9. 
Interference with public safety communications. No telecommunications antenna and/or its related electronic equipment shall interfere with any public safety communications.
10. 
Noise. Noise levels at any property line shall not exceed 50 decibels or current noise standards promulgated by the State of New Jersey, whichever is less.
11. 
Generators. Any generator located on site shall be enclosed within a portion of the electronic equipment building. Any fuel storage shall be done in compliance with federal and state regulations and shall be limited to fuel stored within the primary fuel tank provided by the manufacturer of the generator. No auxiliary or supplementary fuel storage shall be permitted.
f. 
General requirements.
1. 
Principal use. Telecommunications towers and telecommunications antennas shall be considered as a principal use. An existing structure on the same lot shall not preclude the installation of a telecommunications tower or a telecommunications antenna tower on such lot.
2. 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with the zone 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 may be located on leased parcels within such lot.
3. 
Facility abandonment. In the event that any telecommunications tower or telecommunications antenna is abandoned or not operated for a period of six months, the same shall be removed and the site cleaned and restored within 60 days' notice by the Township of Greenwich at the sole expense of the owner. The owner shall provide a performance bond and/or other assurances satisfactory to the appropriate Land Use Board and the Township Attorney that will cause the antennas, the supporting tower, the auxiliary building enclosing related electronic equipment and, all other related improvements to the land to be removed and the site cleaned and restored at no cost to the Township of Greenwich.
g. 
Site plan submission and approval requirements. The applicant shall be required to submit plans in accordance with the procedures in Chapter 14, Site Plan Review. In addition, the following shall be required as part of any application for site plan review for any telecommunications tower and/or telecommunications antenna:
1. 
The applicant shall request a preliminary meeting with Township professionals prior to filing an application. Said meeting shall be conducted in accordance with § 17-10 of the Revised Ordinances of the Township of Greenwich. Said meeting and the payment of the escrow deposit shall be mandatory. At such meeting, the applicant shall provide a copy of all plans and all other documentary evidence the applicant shall offer in support of its application. Said meeting shall be mandatory and shall be conducted no less than 10 days prior to any hearing on the application.
2. 
The applicant shall pay an escrow deposit in addition to all other escrow deposits in the amount of $5,000 for the payment of an expert witness to be designated by the Land Use Board, who shall review the application, plans and documentary evidence to be offered in support of the application, who shall appear at all hearings on behalf of the Board conducting the hearing and who shall have the right to testify against the application.
[Amended by Ord. No. 2014-02]
3. 
A scaled site plan clearly indicating the location, type and height of the proposed telecommunications tower and/or antenna, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setback from property lines, elevation drawings of the proposed tower and other structures, topography, woodlands, tree lines, buffers or significant topographic terrain features, parking and other information deemed necessary to assess compliance with this section.
4. 
The setback between the proposed telecommunications tower and/or telecommunications antenna and the nearest residential unit.
5. 
Documentation by a qualified expert regarding the capacity of the proposed telecommunications tower for the number and type of antennas.
6. 
Documentation by a qualified expert that any proposed telecommunications tower will have sufficient structural integrity to support the proposed telecommunications antennas and the anticipated future collocated telecommunications antennas in all anticipated wind and/or ice loading conditions and that the structural standards developed for telecommunications antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association have been met.
7. 
A letter of intent by the applicant, in a form acceptable to the Township. Attorney, indicating the applicant will share the use of any telecommunications tower with other telecommunications services. Additionally, the applicant shall make available to subsequent co-locators, any space in the applicant's existing equipment building or, if no additional space is available to address the needs of the proposed co-locator, the applicant shall make available a portion of the site for construction of an additional equipment building for the use of the proposed co-locator.
8. 
A visual sight distance analysis graphically simulating the appearance of any proposed telecommunications tower and indicating the view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.
9. 
An overall comprehensive plan indicating how the applicant intends to provide full wireless or cellular telecommunications service throughout the Township and, to the greatest extent possible, how its plan to provide full service specifically relates to and is coordinated with the needs of all other providers of cellular communications services within the Township of Greenwich. Specifically, the plan shall indicate the following:
(a) 
How the proposed antenna relates to the location of any existing telecommunications towers within the Township of Greenwich.
(b) 
How the proposed location relates to the anticipated need for additional telecommunications antennas and supporting telecommunications towers within and near the Township of Greenwich by the applicant and by other providers of cellular communications services within the Township.
(c) 
How the proposed location relates to the objective of allocating the telecommunications antennas of many different providers of cellular or other forms of wireless communication services on the same telecommunications tower.
(d) 
How the proposed location relates to the overall objective of providing full cellular or other wireless or other forms of wireless telecommunications services with the Township of Greenwich while, at the same time, limiting the number of towers to the fewest possible.
(e) 
A radio frequency (RF) emissions report from a qualified expert detailing latent site emissions.
10. 
Upon completion of the construction of the facility, as built drawings (plans and profiles) certified by a professional engineer licensed by the State of New Jersey shall be submitted showing all improvements, appurtenances, structures and conditions at the time of preparation.
11. 
No modifications and/or additions to the facilities which were the subject of an approved site plan shall be made without subsequent application to, review and approval of an amended site plan showing such modifications or additions.
12. 
The applicant shall protect and preserve by deed restriction, which shall be subject to the approval of the Township Attorney, all existing, proposed and/or required buffers subject to reasonable construction easements to facilitate completion of all proposed improvements.
13. 
The road or drive leading to all electronic equipment shelter buildings shall be designed and constructed of suitable width so as to permit the safe passage of firefighting and emergency equipment. The access drive or roadway shall be continuously maintained so as to provide for suitable and safe access by these vehicles, which shall include the obligation of the applicant to periodically trim and remove brush, weeds or other vegetation as required. The security fence which encloses electronic equipment shelter buildings as provided for in paragraph e.8 herein, shall be secured by a lock or locking mechanism. The Township Fire Department shall be provided either the key or security code, whichever the case may be, in order to obtain access to the building in the event of an emergency.