Mount Laurel Township
City Zoning Code
City Zoning Code
ARTICLE XXVI
Wireless Telecommunications Towers and Facilities
[Added 4-22-2019 by Ord. No. 2019-19]
§ 154-189 Definitions.
A.
For the purposes of this article, certain phrases and words are herein defined as follows:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, flagpoles, sculptural design and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES
The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems, including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.
ANTENNA
Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long-distance providers, or the public switched telephone network.
BUFFER AREA
The area surrounding a telecommunications tower and ancillary facilities, which lies between the tower and adjacent lot lines and/or land uses.
CARRIER
A company that provides wireless services.
CO-LOCATION
When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
FALL ZONE
The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
GUYED TOWER
A tower, which is supported or braced through the use of cables (guy wires) which are permanently anchored.
HEIGHT
When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
MONOPOLE
The type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
PERSONAL WIRELESS SERVICE FACILITY
A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna which has been lawfully erected prior to the effective date of this article, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.
RADIO FREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY RADIATION (RFR)
For the purposes of this article, the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHz to 300,000 MHz.
STEALTH DESIGN
A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").
STRUCTURE-MOUNTED
The structure or surface upon which antennas are mounted, other than a building or on the ground.
WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES
A Federal Communications Commission (FCC) licensed facility (monopole or lattice framework) designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts, and noncellular telephone service are not telecommunications facilities. "Wireless telecommunications towers" shall also mean the associated facilities for the tower.
§ 154-190 Applicability.
All new telecommunications towers or antennas in the Township shall be subject to these regulations.
A.
New lattice towers and any type of guyed tower are prohibited.
B.
Preexisting telecommunications towers and/or antennas shall not be required to meet the requirements of this section other than the requirements of § 154-197 herein. However, where any enlargement of a tower and/or additional antennas are proposed, the requirements of this section herein shall apply as feasible and practical as determined by the Zoning Board of Adjustment and/or the Planning Board.
C.
This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites or the installation of any amateur radio station operators/receive only antennas.
D.
Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
E.
If the entity requesting the erection of an antenna tower or similar facility (the applicant) is not a provider, then no facility may be constructed unless there exists a signed agreement between the applicant and at least one provider for the immediate and continuous use of the facility by the provider.
§ 154-191 Use.
A.
All telecommunications facilities shall be conditional uses within the Township.
B.
The applicant must meet the following requirements for conditional use approval:
(1)
Telecommunications towers shall be located on lands owned by the Township and the Municipal Utilities Authority.
(2)
Telecommunications towers shall be located within the MCD Major Commercial, SRI Specially Restricted Industrial, or the I Industrial Districts.
(3)
Telecommunications towers shall be monopoles only and shall be designed to accommodate at least five carriers. The maximum height of such towers shall be 150 feet or the height permitted by FAA regulations, whichever is less.
(4)
The lot size shall on which the facility is to be located is a minimum of two acres in area.
(5)
The proximity of the tower and associated facilities shall be located at least 1,000 feet minimum from residential use and residential district boundaries.
(6)
Compatibility with uses on adjacent and nearby properties.
(7)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs.
(8)
Availability of suitable preexisting towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.
(9)
Availability of proposed tower to other potential carriers.
§ 154-192 Location priorities.
A.
Wireless telecommunications facilities are permitted and preferred in the following areas of the Township:
(1)
The first priority shall be an existing tower or an existing or proposed water tower owned by either a public or private utility of the Township, within or near the Township of Mount Laurel.
(2)
The second priority shall be the location of antenna(s) on existing utility poles or transmission lines.
(3)
The third priority shall be an antenna on an existing building in the Industrial District.
(4)
The fourth priority shall be new towers on lands owned by the Township of Mount Laurel and the Municipal Utilities Authority (excluding parkland, school property, etc.).
(5)
The fifth priority shall be new towers on lands not owned by the Township of Mount Laurel, but within the MCD Major Commercial, SRI Specially Restricted Industrial, and I Industrial Districts.
B.
Wireless telecommunications facilities are prohibited on all lands used for public and private schools and parkland.
§ 154-193 Site plan submission requirements.
A.
Site plan approval shall be required for all new telecommunications facilities, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures, excluding improvements in accordance with N.J.S.A. 40:55D-46.2.
B.
In addition to the site plan submission requirements of the development regulations, per § 124-9, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
(1)
A comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Township and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Township of Mount Laurel. The comprehensive service plan shall indicate the following:
(a)
Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township of Mount Laurel.
(b)
How the proposed location of the antennas relates to the location of any existing towers within and/or near the Township of Mount Laurel.
(c)
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Township of Mount Laurel by both the applicant and by other providers of telecommunications services within the Township of Mount Laurel.
(d)
How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower.
(e)
How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Township of Mount Laurel while, at the same, limiting the number of towers to the fewest possible.
(2)
A scaled site plan 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), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the Board to be necessary to assess compliance with this article.
(3)
Legal description of the entire tract and leased parcel (if applicable).
(4)
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
(5)
The separation distance from other towers and antennas.
(6)
A landscape plan showing specific landscape materials, including, but not limited to, species type and size, spacing, and existing vegetation to be removed or retained.
(7)
Method of fencing and finished color and, if applicable, the method of camouflage.
(8)
A description of compliance with all applicable federal, state or local laws.
(9)
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
(10)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Township.
(11)
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
(12)
A visual impact assessment in accordance with § 154-194 herein.
(13)
An analysis of the radio frequency radiation (RFR) levels at the facility as a means of assessing compliance with the FCC radio frequency (RF) safety criteria. This analysis shall:
(a)
Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
(b)
Be performed by an RF engineer, health physicist or similar knowledgeable individual.
(c)
Follow current methods recommended by the FCC for performing such analyses.
§ 154-194 Visual impact assessment.
A.
A visual impact assessment shall be submitted as part of site plan approval in order to determine any adverse effects on the visual environment. The Board shall review the visual impact assessment in the context of the overall design of the proposed wireless facility and the relationship of the proposed facility to the built and natural environments.
B.
The visual impact assessment shall consist of written and graphic materials which includes the following information:
(1)
A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the type of facilities to be constructed.
(2)
The assessment shall contain, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a three-mile radius to ensure various potential views are represented.
(3)
The compatibility or incompatibility of the proposed telecommunications towers and facilities shall be described in relation to the Township of Mount Laurel Master Plan.
(4)
The suitability of the site for the intended wireless telecommunications use which shall include a description of environmental conditions on the site and a map of those portions of the site that can be considered to have unique scenic qualities and any scenic view from the site.
(5)
The negative and positive visual impacts of the project shall be discussed.
(6)
The applicant shall indicate the measures which will be employed to minimize or eliminate negative visual impacts on and off site.
(7)
A discussion of site design and project location alternatives that were considered shall be provided. The discussion shall indicate why an alternative was rejected if it would have resulted in less of a negative impact than the proposed development.
(8)
A shadow analysis shall be required on a case-by-case basis, to be determined by the Board. The proposal shall analyze and demonstrate the impact of the telecommunications tower and facilities on its surroundings showing the maximum extent of the shadow lengths on December 21 in the a.m., noon and p.m.
(9)
Applicants shall provide suitable mitigation for all adverse visual impacts and other conditions identified in the visual impact assessment and/or during the public hearings before the appropriate municipal board.
§ 154-195 Design standards.
A.
New towers and facilities.
(1)
New telecommunications towers shall not be located closer than 1,000 feet to a residential property line. All antennas located on existing buildings or structures, including towers, are exempt from this requirement.
(2)
A fall zone shall be established such that the tower is setback 150% of the height of the tower from any adjoining lot line or non-appurtenant building.
(3)
Towers shall be enclosed by security fencing of ornamental design with a total fence height not to exceed eight feet, in accordance with § 154-142C. If applicable, fencing camouflage should be provided.
(4)
Towers shall also be equipped with appropriate anticlimbing measures or devices.
B.
Co-location.
(1)
The Township of Mount Laurel requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
(a)
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
(b)
Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and
(c)
A copy of a proposed lease or affidavit of compliance with this section.
(d)
Fees. The application for a zoning permit for co-location of a cellular antenna or equipment relating to cell tower co-location must be accompanied by the required fee. Building permit fees shall be set by the Township's Construction Office.
(2)
Tower structures shall be designed to allow sufficient room for cables, antennas and equipment of future co-locators and to support the anticipated weight and wind load of their future additional facilities. Space for ground-level maintenance, equipment shelters, and switching facilities shall be reserved for future co-locators to the extent practical.
(3)
The tower structure shall be designed to allow antenna attachment and independent maintenance at various heights.
(4)
If any modifications (such as lease, structure, ground space) are required for an existing structure, the provider shall attempt, at the time such modification is made, to make the site and structure suitable for co-location, both within the existing lease and otherwise.
(5)
In the event that co-location is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if co-location is feasible. The cost for such a technical expert will be at the expense of the applicant. The Township may deny approval to an applicant that has not demonstrated best efforts to provide for co-location.
(6)
If the applicant does intend to co-locate or to permit co-location, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.
(7)
Co-location shall be provided at fair market value rental rates. These rates shall take into account rates in comparable leases for similar sites and any site development costs incurred by the structure owner/operator during the site design, approvals, construction and maintenance stages for the site in question.
C.
Landscape and buffer requirements.
(1)
Every structure shall be landscaped with a buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the wireless telecommunications towers and facilities is located.
(2)
The standard buffer shall consist of a landscaping surrounding the outside perimeter of the compound with evergreen trees at least eight feet high at time of planting and planted in staggered double alternating rows, 10 feet on center. (These plantings must be located outside the proposed fencing for the site; therefore, care should be taken during the leasing stages for the tower site to allocate and include these additional lands for such plantings.)
(3)
An additional buffer zone shall be provided of at least 15 feet wide to separate telecommunications tower facilities from a residential zone or residential use. Additional buffering will include a densely planted buffer of evergreen trees in accordance with § 154-68 and at least eight feet high at the time of planting.
(4)
A planting "pyramid" plan may be required to assist in the effective screening of the tower itself. This planting "pyramid" should be located to screen view-sheds from neighboring sites and should include the planting of tall growing trees surrounding the site and spreading out over the site in clusters. Those clusters should be strategically located in areas determined by the Board's professionals to be overly impacted by the sight of the proposed tower.
(5)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
D.
Lighting. No lighting shall be permitted except the following, which shall be subject to review and approval by the Planning Board as part of the site plan application:
(1)
The 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 authorized personnel are at the building; and
(2)
No lighting is permitted on a 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.
E.
Signs. Signage shall not detract from the appearance and character of the surrounding neighborhood. No signs shall be permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as equipment information signs and warning signs providing notice that the premises are off limits.
§ 154-196 Monitoring and maintenance of facilities.
A.
A report on usage of the facility by the provider and others shall be filed within the first 90 days of operating and on an annual basis to the Township indicating usage of the antenna site. The report shall include the names and addresses of providers and others who use the site, whether or not users are licensed by the FCC to provide personal wireless services, whether or not users' equipment is in operation, and whether or not users provide active service to the community (including transmitting and receiving radio frequency signals) from the site. Suspensions of service and service discontinuities exceeding two weeks shall be reported as well.
B.
After the wireless telecommunications facility is operational, the applicant shall submit within the first 90 days of operating and on an annual basis from the date of issuance of the building permit existing measurements of radio frequency radiation (RFR) from the wireless telecommunications facility. Such measurements shall be signed and certified by a radio frequency (RF) engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this bylaw.
C.
The applicant and co-applicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping. Should any plant material not survive at the location, the applicant will be fully responsible for replanting of like material at a size comparable to that existing at the site.
D.
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 or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry 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.
§ 154-197 Removal of facilities and equipment.
A.
Should the towers and facilities not be used by any provider for a period exceeding six months, the towers and facilities and all related systems and structures shall be dismantled at the applicant's expense.
B.
Upon abandonment or discontinuation of use, the carrier shall physically remove the wireless service facility within 90 days from the date of abandonment or discontinuation of use. Removal shall include, but is not limited to:
(1)
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
(2)
Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
C.
If a carrier fails to remove a personal wireless service facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the Township must remove the facility.
