The federal government, through the Federal Communications Commission (FCC), has issued personal wireless telecommunications licenses for personal telecommunications services and other wireless technologies; and

The FCC requires license holders to provide coverage to areas where personal wireless telecommunications licenses have been acquired and this may require that such facilities be constructed in specified locations and manners determined by engineering standards to achieve such coverage; and

The Federal Telecommunications Act of 1996 (FTA) preserves local zoning authority to reasonably regulate personal wireless telecommunications facilities (PWTFs); but the FTA mandates that localities may not unreasonably discriminate among FCC license holders and that localities cannot prohibit or adopt regulations which have the effect of prohibiting the provision of wireless services, and the FTA gives the FCC sole jurisdiction over radio frequency emissions of PWTFs so long as PWTFs meet FCC standards; and

It is necessary to reasonably regulate PWTFs and associated personal wireless telecommunications equipment facilities (PWTEFs) to minimize potential aesthetic impacts; and

There is a public need for new provisions in the Township of North Brunswick's Land Use Ordinance to address the site locations of PWTFs, PWTEFs and antennas.

The purpose of this article is to provide sound land use policies, procedures, regulations and specific zoning conditions for PWTFs and PWTEFs to protect the Township of North Brunswick from the visual or other adverse impacts of these facilities, and to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Township of North Brunswick's Master Plan and Land Use Ordinance while encouraging the unobtrusive development of PWTFs and PWTEFs to provide comprehensive wireless telecommunications services in the Township of North Brunswick to benefit its residents and businesses. This article expresses a preference that telecommunications providers locate antennas on existing buildings and telecommunications towers, or that any PWTFs and PWTEFs be constructed on municipal or other priority locations as set forth herein; and, further, encourages collocation and site sharing of new and existing PWTFs and PWTEFs. This article seeks to meet the mandate of the Telecommunications Act of 1966, while simultaneously seeking to limit the proliferation of telecommunications towers and appurtenances.

It is understood by the Township of North Brunswick that the federal government, through the FCC; issues licenses for personal wireless communications and that the FCC requires license holders to provide coverage within the areas so licensed.

It is also understood by the Township of North Brunswick that the FTA expressly preserves the zoning authority of a municipality to regulate the placement, construction and modification of PWTEFs subject to the six limitations cited at § 332(c)(7)(B) of the FTA. Accordingly, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in personal wireless communications services in a given area.

To limit the impact of personal wireless communications antennas, telecommunications towers and related facilities upon the residences and streetscapes throughout the Township of North Brunswick.

To encourage the location of antennas upon, or within, existing structures, including, but not limited to, existing steeples, cupolas, industrial buildings, telecommunications towers, catenary support towers and other towers and water standpipes.

To encourage the collocation of antennas on the fewest number of existing structures within the Township of North Brunswick.

To encourage the communications carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewscapes through careful design, site location, landscape screening and innovative camouflaging techniques.

To encourage the use of alternative technologies which do not require the use of telecommunications towers or require telecommunications towers at relatively lesser heights.

To enhance the ability of the carriers of personal wireless communications services who adhere to the letter and intent of this article to provide such services quickly, effectively and efficiently.

To comply with the mandate of the FTA, 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.

The Township Engineer shall maintain an inventory of existing PWTF and PWTEF locations within or near the Township of North Brunswick.

An applicant proposing a PWTF/PWTEF at a new location shall demonstrate that it made its best business efforts to find a collocation site acceptable to Township engineering standards and that none was available, or practicable or economically feasible.

An applicant proposing a PWTF/PWTEF at a new location, who has demonstrated its inability to collocate pursuant to Subsection B herein, shall provide a letter of intent, in a form to be reviewed and approved by the Township Planning Board Attorney or Zoning Board of Adjustment Attorney, as applicable, which warrants and represents that applicant shall share the use of its PWTFs/PWTEFs with any other approved cellular communication services providers at fair market value. Such collocation requirement shall be a material condition of approval.

Each application for a PWTF/PWTEF shall be accompanied by a plan which shall reference all existing PWTF/PWTEF locations in the applicant's Township of North Brunswick inventory, any such facilities in the abutting towns which provide service to areas within the Township of North Brunswick and any anticipated changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers' service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:

The Planning Board, or Board of Adjustment, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant and/or service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Township of North Brunswick's escrow provisions.

Permitted uses.

Conditional uses at priority locations:

No construction permitted. There shall be no construction or placement of PWTFs or PWTEFs within the following zones:

The location of personal wireless communication antennas on or within permitted use areas as set forth in § 205-164A of this article shall be considered a permitted use and shall require site plan review and approval of an application submitted to the Planning Board of the Township of North Brunswick in accordance with this article.

In addition to the information customarily required for site plans as identified on the Township's site plan application checklist, the applicant shall provide the following information to the Planning Board of the Township of North Brunswick:

Any proposed telecommunications tower, antennas and related equipment for priority locations shall require both conditional use approval in accordance with § 205-164B of this article and site plan approval as set forth herein.

The following information shall be submitted for conditional use approval and site plan approval and shall incorporate the specific conditions, standards and limitations for PWTFs and PWTEFs in priority locations within the Township of North Brunswick:

In order to effectuate the purposes, objectives and goals of this article, any applicant for approval to erect a new telecommunications tower and appurtenances, i.e., PWTF and PWTEF, for wireless communications shall provide threshold evidence that the proposed location of the telecommunications tower and antennas, i.e., PWTF, has been planned to result in the fewest number of telecommunications towers or PWTFs within and around the Township of North Brunswick at the time full service is provided by the applicant.

The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service within and around the Township of North Brunswick and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Township.

The overall comprehensive plan shall indicate the following and this information shall be provided at the time of the initial submission of the application:

Height standards. PWTFs shall not exceed 150 feet in height. All PWTFs shall be designed and constructed so that the foundation and lower structural elements can accommodate extensions for a PWTF of up to 150 feet. PWTFs must be constructed to provide that the height is no greater than that required to achieve service area requirements and potential collocation and to comply with the additional setback requirements contained in Subsection B. PWTEFs are limited to 15 feet in height.

All PWTFs located as permitted uses and/or within priority locations shall be set back a distance equal to 50% of the height of the telecommunications tower from any adjoining lot line. The placement of all PWTFs in areas other than as permitted uses or within priority locations shall be subject to the minimum yard requirements of the applicable zoning district in which they are located, provided that the prevailing setback in the applicable zone be increased by one foot for every one foot of telecommunications tower height which is in excess of the height permitted according to the applicable zone.

PWTEFs shall comply with the setback requirements for accessory structures pursuant to the zone in which said PWTEFs are located.

If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.

Collocation. Land Use Ordinance limitations on the number of structures on a lot shall not apply when PWTFs and PWTEFs are located on a lot with buildings or structures already on it.

Shelters and equipment sheds. Individual shelters for the required electronic equipment related to wireless communications antennas shall be permitted, provided that:

Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by a security feature, such as a fence. All telecommunications towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board or the Board of Adjustment.

Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen and buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All PWTEFs shall be screened by an evergreen hedge eight feet to 10 feet in height at planting time and a solid fence eight feet in height in order to effectively screen the view of the equipment compound during all four seasons of the year. The landscaping plans shall be prepared by a licensed landscape architect, who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the equipment compound from view and to enhance the appearance of the building. Any newly planted evergreen trees shall be at least eight feet high at time of planting.

Signs. Signs shall not be permitted, except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTF or PWTEF.

Color. PWTFs shall be of a color appropriate to the telecommunications tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board or the Board of Adjustment.

Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.

Lighting. No lighting is permitted except as follows:

Monopole. Any proposed new telecommunications tower shall be a monopole. Such telecommunications towers may employ camouflage technology.

Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.

Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance.

Height standards. PWTFs shall not exceed 150 feet in height. All PWTFs shall be designed and constructed so that the foundation and lower structural elements can accommodate extensions for a PWTF of up to 150 feet. PWTFs must be constructed to provide that the height is no greater than required to achieve service area requirements and potential collocation and to comply with the additional setback requirements contained in § 205-168B. PWTEFs are limited to 15 feet in height.

All PWTFs located as permitted uses and/or within priority locations shall be set back a distance equal to 50% of the height of the telecommunications tower from any adjoining lot line. The placement of all PWTFs in areas other than as permitted uses or within priority locations shall be subject to the minimum yard requirements of the applicable zoning district in which they are located, provided that the prevailing setback in the applicable zone be increased by one foot for every one foot of telecommunications tower height which is in excess of the height permitted according to the applicable zone.

Any proposed new telecommunications tower shall be a monopole and may employ camouflage technology.

The applicant shall provide a letter of intent, in a form to be reviewed and approved by the Township Planning Board Attorney or Zoning Board of Adjustment Attorney, as applicable, which warrants and represents that the applicant shall share the use of its PWTFs/PWTEFs with any other approved cellular communication services providers at fair market value. Such collocation requirement shall be a material condition of approval.

PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public ways. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible and in accordance with the landscaping requirements of § 205-168B.

PWTFs and PWTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunications facilities.

Documentation by a qualified expert regarding the capacity of any proposed PWTF for the number and type of antennas.

Documentation by a qualified expert that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met.

A letter of intent by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services.

A letter from applicant agreeing that any PWTF or PWTEF not used for its intended and approved purpose for a period of six months shall be deemed "no longer operative" and shall be removed by the responsible party within 60 days thereof.

A site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers' service or engineering needs, and the reason why the subject site was chosen, pursuant to the requirements set forth in § 205-63E.

Any PWTF or PWTEF that is not operated for a continuous period of six months shall be deemed abandoned or "not in use." If there are two or more users of a single PWTF or PWTEF, then the abandonment shall not become effective until all users cease using the PWTF or PWTEF for a continuous period of six months. The owner(s) of such PWTF or PWTEF shall remove same within 60 days of notice from the Zoning Officer that the PWTF or PWTEF is abandoned. If such PWTF or PWTEF is not removed within said 60 days, the municipality may remove such PWTF or PWTEF at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the six-month reuse period may be extended for a period not to exceed one additional year.

The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to and in a form to be approved by the Township Attorney that will cause the antennas, any supporting telecommunications tower, the electronic equipment cabinets and building enclosing the electronic equipment shelters and all other ancillary related improvements related to the land to be removed, at no cost to the Township, when the antennas are no longer operative.

Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this article.

Nonconforming PWTFs which are partially damaged or destroyed, i.e., less than 50%, due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this article. If this destruction is greater than partial, i.e., more than 50%, then repair or restoration will require compliance with this article.

The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand) such PWTF or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this article.