Maple Shade Township
City Zoning Code
City Zoning Code
ARTICLE XVIIIA
Wireless Telecommunications Towers and Antennas
§ 205-79.1 Purpose and objectives.
A.
The purpose of this article is to establish guidelines and standards for the location and operation of wireless communications towers and antennas in Maple Shade Township; to recognize the need to safeguard the public good; and preserve the intent and purposes of the Maple Shade Township Master Plan and Zone Plan.
B.
The specific objectives of this article are:
(1)
Encourage the location of wireless telecommunications towers and antennas on municipal property as priority location No. 1;
(2)
Protect residential areas and land uses from potential adverse impacts of towers and antennas by encouraging the location of towers in nonresidential areas and requiring adequate setbacks, separation, buffering and screening for towers and antennas located adjacent to residential zones or uses;
(3)
Provide full wireless communication services within the Township while minimizing the total number of towers throughout the community;
(4)
Strongly encourage the location of antennas upon, or within, existing structures, including preexisting wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, especially those existing structures located on public property, as a primary option rather than construction of additional single-use towers;
(5)
Encourage users of towers and antenna to locate them 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 impacts and safety of communication towers consistent with FCC standards;
(9)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and
(10)
To comply with the mandate of the Federal Communications Act of 1996, 47 U.S.C § 332(c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
C.
In furtherance of these objectives, Maple Shade Township shall give due consideration to the Township's Master Plan, Zone Plan, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 205-79.2 Definitions.
As used in this article, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on a tower, building or structure, utility pole (including within light poles and fixtures) and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
[Amended 11-9-2017 by Ord. No. 2017-19]
Networks of cables and antennas that can be installed in high-traffic areas (stadiums, convention or shopping centers, office buildings, train stations, airline terminals, and outdoor urban areas) where demand for signal is high.
[Added 11-9-2017 by Ord. No. 2017-19]
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the base of the tower or structure to the highest point on the tower or other structure, including the base pad and any antenna. For antennas mounted on buildings or other structures, the height of said building or structure shall be included in this determination.
The Municipal Land Use Law Chapter 291, Laws of NJ 1975, New Jersey Statutes Annotated 40:55D-1 et. seq.
Any tower or antenna for which site plan approval or a building permit has been properly issued prior to the effective date of this article, including approved towers or antennas that have not yet been constructed, in accordance with M.L.U.L. 40:55D-52.[1]
The duly appointed Planning Board or Zoning Board of Adjustment.
[Amended 11-9-2017 by Ord. No. 2017-19]
Small cells are like mini cell towers, smaller-scale units generally deployed on lamp posts, utility poles and building walls to relay cell phone signals through fiber optic cables. Small cells are used primarily to enhance localized capacity and coverage where there is concentrated traffic, such as in a business district, shopping mall or a college campus.
[Added 11-9-2017 by Ord. No. 2017-19]
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. This term shall not include an existing utility pole.
[Amended 11-9-2017 by Ord. No. 2017-19]
A pole that supports public utility wires and cables and is separate and distinct from a tower, pole (monopole) that supports only telecommunications equipment and antenna (see "tower").
[Added 11-9-2017 by Ord. No. 2017-19]
[1]
Editor's Note: See N.J.S.A. 40:55 D-52.
§ 205-79.3 Applicability.
A.
New towers and antennas. All new towers or antennas shall be subject to these regulations, except as follows:
(1)
Amateur radio station operators/receive only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(2)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this article, except as further specified, absent any enlargement or structural modification or the addition of any structures.
§ 205-79.4 Permitted uses.
A.
Wireless communication towers/antennas, including required accessory structures not exceeding 500 square feet in area and less than 10 feet in height, shall be considered a permitted use in the BD-1 Zone excluding approved redevelopment areas.
B.
Antennas or towers located on property owned, leased, or otherwise controlled by the Maple Shade Township, provided a license or lease authorizing such antenna or tower has been approved by Maple Shade Township, shall be permitted in all zoning districts and shall be given priority over all other locations. The Township shall require the applicant to notice owners of all real property within 200 feet in all directions of the municipal property proposed for location of such antennas or towers prior to the Township Council's consideration of the approval of such lease. The Township may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the municipality, and shall not be governed by this article.
C.
In order to minimize adverse visual impacts associated with the proliferation and clustering of towers, new antennas proposed on preexisting towers shall be permitted in any zone provided such collocation is accomplished in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the preexisting tower, unless the reviewing board allows reconstruction as a monopole.
(2)
A preexisting tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this article.
(3)
A tower, which is being rebuilt to accommodate the collocation of an additional antenna, may be moved on site within 50 feet of its existing location, provided the relocated tower meets the required setback and separation distances as set forth in this article.
D.
Tower and antennas proposed on a site with an existing principal use shall require Zoning Board approval as a second principal use on one property with the exception of municipal property.
E.
Towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities.
§ 205-79.5 Existing regulations.
Where the general regulations applicable to the underlying zone in which a wireless telecommunication facility is being constructed set forth specifications, bulk requirement, or design and performance standard for any permitted use, those same regulations shall apply to the wireless telecommunication facility, unless, specifically, different standards are set forth in this article.
§ 205-79.6 General requirements.
[Amended 11-9-2017 by Ord. No. 2017-19]
The following requirements shall apply to all proposed wireless telecommunication facilities (except those permitted to be installed within the municipal right-of-way) and shall be considered by the Reviewing Board in their review of all plans submitted as part of a wireless telecommunication facility:
B.
Principal use. Other than those located on municipal property or property under the control of the municipality, antennas or towers are considered principal uses.
C.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone 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.
D.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting shall not cause uplighting, and shall be focused and shielded to cause the least impact to adjacent and nearby properties and shall not exceed 0.1 footcandle at the property lines. The applicant shall provide to the reviewing board all applicable FAA standards regarding lighting that may apply to a proposed tower.
E.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(2)
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.
(3)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(4)
All cables/wires serving the wireless communications facility shall be installed in underground conduits.
(5)
Towers shall be of monopole construction, unless otherwise approved by the reviewing board. Primary consideration shall be given to designing the monopole as an alternative tower structure, as defined.
(6)
Antennas shall be flush-mounted or internally located.
F.
Buffering/screening.
(1)
To the maximum extent possible:
(a)
Any new tower shall be located behind existing buildings and/or natural topographic features in order to screen the tower's base from being visible from adjacent properties and street right-of-way.
(b)
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 may be deemed by the reviewing board as providing a sufficient buffer.
(2)
Landscaping and buffering 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, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the site.
(b)
A landscaping design shall be prepared by a New Jersey licensed landscape architect, planner, or engineer who shall present testimony to the reviewing board regarding the adequacy of the plan to adequately screen the base of the tower from view and to enhance the appearance of the site.
(c)
Any newly planted evergreen trees shall be at least eight feet in height and any newly planted deciduous trees shall have a minimum caliper of three inches, at time of planting.
(d)
Required landscaping shall be installed on the outside of any required security fencing.
(e)
In locations where the visual impact of the tower would be minimal, the reviewing board may reduce the landscaping requirements.
G.
Signs. No signs shall be permitted on an antenna or tower, other than "warning" and/or equipment information signs necessary for safety purposes that are specifically approved by the reviewing board.
H.
Parking. Off-street parking, not to exceed three parking spaces, shall be permitted, as needed, and as specifically approved by the reviewing board.
I.
Security fencing. Towers shall be enclosed by a security fence, not less than six feet in height and no greater than 10 feet in height, with a lockable gate. Towers shall also be equipped with appropriate anticlimbing devices and safeguards to protect the general public. Barbwire not permitted.
J.
Height regulated.
(2)
Existing structures, including preexisting wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, as defined by this article, shall be exempt from the height regulations contained herein, unless an application proposes an increase in the height of said structure. Existing structures may be rebuilt to a taller height, not to exceed the maximum tower heights noted above, or in the case of a building, the maximum building height permitted for the zone in which it is located, but only in order to accommodate collocation of additional antennas.
(3)
For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antennas.
K.
Setback requirements. The following requirements shall apply to all towers for which site plan approval is required:
(1)
Towers shall be set back a distance equal to at least 110% of the calculated and established fall zone from any adjoining lot line and all nonappurtenant buildings or structures, provided that this distance is no closer to an adjoining lot line than the building setback applicable to the zoning district in which the tower is located. The required setback shall be measured from the base of the tower.
(2)
The minimum tower setback from a residential zone district line, residential use, school site or recreation site shall be 200 feet.
(3)
For antennas mounted on existing structures, including preexisting wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, the setback of the existing structure shall be used.
(4)
Appurtenant/accessory structures, equipment and guy wires must satisfy the minimum zoning district setbacks for the zoning district in which the tower is located.
(5)
A minimum fifty-foot parking setback from an adjacent property or street right-of-way shall be required for any parking areas associated with a wireless telecommunications site.
L.
Separation distance between towers. Any proposed tower shall be separated by a minimum distance of 1,500 feet from any preexisting tower.
M.
State or federal requirements. All towers and antennas must meet or exceed current standards and regulations of the FCC, FAA and any other agency of the state or federal agency with the authority to regulate towers/antennas. If such standards and regulations are changed, then the owners of the towers/antennas governed by this article shall bring such towers/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 agency. Failure to bring towers/antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the towers/antennas at the owner's expense.
§ 205-79.7 Removal of abandoned antennas and towers.
A.
Any antenna or tower that is not operated for its intended and approved purpose 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 Maple Shade Township 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.
B.
The Township may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Reviewing Board Engineer) of such removal, grading and restoration to a state required under all applicable Township Ordinances, including but not limited to the Township Property Maintenance Chapter 152.
§ 205-79.8 Required testimony and submission requirements.
A.
Communications antenna placement is a land use issue requiring consideration of potential externalities associated with the benefits of improved opportunities for communication. Applicants seeking Township approval for communications antenna are required to provide full disclosure and engage in open dialogue regarding proposed coverage areas, power levels, number of radios, system losses, antenna gain, down tilt and related proposed antenna characteristics including maximum anticipated exposure levels at horizontal distance from the antenna, and various recognized safety levels including FCC radio frequency safety limits. A post-installation radio frequency (RF) energy survey shall be prepared to ensure compliance with safety standards.
B.
In addition to the applicable documentation and checklist items of information required for the Maple Shade Township Site Plan Application, the following additional documentation and items are required to be submitted to the reviewing board for review and approval:
(1)
To ensure the structural integrity of both existing and proposed towers, antennas and any required support structures, documentation shall be submitted by a qualified expert confirming that the proposed construction is in compliance with standards contained in applicable state or local building codes and, in the case of towers, the applicable standards for towers that are published by the Electronic Industries Association (EIA) and/or Telecommunication Industry Association (TIA), as amended from time to time.
(2)
A letter of intent by the applicant, in a form approved by the Board Attorney, indicating the applicant will share the use of any tower with other approved wireless communication service providers at reasonable, economically viable rates.
(3)
A certification that all franchises required by law for the construction and/or operation of a wireless communication system in Maple Shade Township have been obtained and shall file a copy of all required franchises with the Board Secretary.
(4)
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(5)
As determined necessary by the reviewing board, visual sight distance analysis, including photographic reproductions of a crane or balloon test, graphically simulating the appearance of the proposed tower around and within one mile of any proposed tower. The applicant shall schedule the time of the crane or balloon test with the Reviewing Board Engineer in order to provide the members of the reviewing board and general public an opportunity to view the crane or balloon test.
(6)
Each applicant for an antenna and/or tower shall provide to the Board Secretary an inventory report of its preexisting towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Maple Shade Township or within three miles of the border thereof, including specific information about the location, height, and design of each tower, as well as to the maximum extent practicable, an inventory of all other preexisting wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers located within 1,500 feet of the proposed site. The Board Secretary may share such information with other applicants applying for administrative approvals or permits under this article or other organizations seeking to locate antennas within the jurisdiction of Maple Shade Township; provided, however, that the Board Secretary is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. This report shall demonstrate to the reasonable satisfaction of the reviewing board, that no preexisting tower, structure, or alternative technology is suitable to accommodate the applicant's proposed antenna(s) either within or outside the Township of Maple Shade and shall also include the following information:
(a)
How the proposed location specifically relates to the objective of locating towers on public property.
(b)
How the proposed location specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communications.
(c)
How the proposed location specifically relates to the anticipated need for additional antennas and supporting structures within or near Maple Shade Township by the applicant and by other providers of wireless communication services within the Township.
(d)
How the proposed location specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure.
(7)
A post-installation radio frequency (RF) energy survey shall be submitted verifying that all equipment is designed to comply with the then-current Federal Communication Commission (FCC) rules and regulations with regard to the promulgated radiation emissions standards. Any approval shall be contingent upon a further report submitted to the Reviewing Board Engineer within 90 days after the antenna(s) become operational that the RF energy is within the FCC guidelines.
(8)
In addition to its normal professional staff, given the technical and specialized nature of testimony by the applicant's radio frequency expert(s), the reviewing board may hire its own radio frequency expert to review and comment upon the testimony and written reports presented by the applicant. Based upon other testimony presented by the applicant, the reviewing board may also hire other experts with specialized areas of expertise, if deemed necessary, in accordance with M.L.U.L. 40:55D-53.1.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.1.
(9)
Legal description of the entire tract and leased parcel (if applicable).
(10)
Written approval from the Township Governing Body for use of Township-owned land or structures when the application involves such land or structures.
(11)
A copy of an executed lease or easement agreement when the application involves private land or structures not owned by the applicant.
§ 205-79.9 Telecommunications facilities within the municipal right-of-way.
[Added 11-9-2017 by Ord. No. 2017-19]
A.
Permit required. No person, company, firm or corporation shall construct, relocate, replace, or perform maintenance on any telecommunication facility that involves a DAS or SNN within the municipal right-of-way without first receiving permit approval (see application form 205-79.9)[1] from the governing body.
(1)
Outside agency approvals. All necessary construction permits and outside agency approvals must be obtained from the proper officials having jurisdiction prior to and subsequent installation.
[1]
Editor's Note: Said form is on file in the Township's offices.
B.
Applications.
(1)
Complete permit application. In the event that the application is not certified to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period, unless the application lacks information indicated on a checklist adopted by ordinance and provided to the applicant and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(a)
At the discretion of the Township Manager or Community Development Director, the separate permit required for each location where work is being performed may be waived in the case of a public utility making numerous improvements.
(2)
Applications for telecommunication improvements within the municipal right-of-way shall be granted or denied within 45 days of the date of submission of a complete application (Form 205-79.9) and supporting documentation to the Community Development Director, or within such further time as may be consented to by the applicant.
(3)
The application and sketch plan shall be reviewed by the Township Engineer and the temporary traffic control plan (TTCP) shall be reviewed by the Traffic Safety Division prior to the issuance of any permit by the governing body. The Township Engineer and Traffic Safety Division may assist in the determination of a complete application and prepare reports regarding approval or denial of the application.
C.
Submission/checklist items. Submit 10 paper copies and two electronic copies on USB drive:
(1)
Executed use agreement with owner of existing utility pole.
(2)
Executed right-of-way agreement with the municipality.
(3)
Completed application form 205-79.9 (Telecommunications facilities within the municipal right-of-way) and the following:
(a)
Survey showing property lines, existing conditions including all underground utilities within 25 feet of the proposed improvements;
(b)
Plans and construction details of improvements;
(c)
Existing conditions site photos;
(d)
Equipment specifications;
(e)
Traffic safety control plan;
(f)
Project description.
D.
General requirements.
(1)
Equipment and antennas shall meet the following requirements:
(a)
To improve safety and reduce visual obtrusiveness equipment cabinets and other facility improvements shall be located underground where sufficient space is provided within the ROW and outside the cartway. Any equipment installed on a utility pole or above existing grade shall be installed as to not obstruct any sight triangles at intersections or driveways.
(b)
All cables/wires serving the wireless communications facility shall be installed in underground conduits.
(c)
Antennas may be internally mounted; flush-mounted; or mounted on top of the existing utility poles.
(d)
The antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(e)
As-built plans showing the location of all underground equipment and cables/wires serving the wireless communications facility shall be submitted to the township upon completion of the installation.
F.
Notice of proposed telecommunications facilities; protection of existing structures. It shall be the duty of the permittee to give notice of the proposed improvements any company whose pipes, conduits or other structures are laid in the portion of the street to be opened. Such notice shall be given at least 24 hours before commencing such opening. The permittee shall, at his own expense, carefully support, maintain in operation and protect from injury such pipes, conduits or other structures. If any damage is caused to such structures, the permittee shall restore them at his own expense in accordance with the standards set forth by the owner of the affected utility.
G.
Road Closing. Written permission to close a road to traffic must first be secured from the Township Manager or Community Development Director and the Police Department, and such permission shall only be valid for the time specified. The permittee may be required to give notification of such closing to various public agencies and to the general public.
H.
(Reserved)
I.
Enforcement; violations and penalties. The provisions set forth under this section shall be enforced by the Maple Shade Police Department, Code Enforcement Officer, Zoning Officer, Construction Code Official, authorized agents of the Township, or other official so designated by the Township Manager. Any person, contractor or utility committing a violation of this section shall be subject to a fine of $500 for a first offense; $1,000 for a second offense; $1,500 for a third offense. Any subsequent violation shall be subject to the penalty as provided in Chapter 1, Article II, herein and, in addition thereto, the Township may, at its option, terminate the right-of-way agreement.