Ocean Township Ocean County
City Zoning Code
City Zoning Code
ARTICLE VIII
Wireless Telecommunications Towers and Facilities
§ 410-63 Purpose and intent.
A.
The purpose of this article is to establish guidelines for the siting of wireless telecommunications towers, antennas and ancillary facilities. The goals of this article are to:
(1)
Protect residential areas and land uses from potential adverse impact of towers and antennas;
(2)
Encourage the location of towers on Township-owned property where appropriate or in other nonresidential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;
(5)
Encourage the use of existing buildings, telecommunication facilities, light or utility poles, or water towers as opposed to construction of new telecommunication towers;
(6)
Encourage users of towers and antennas to locate them to the extent possible, in areas where the adverse impact on the community is minimal;
(7)
Ensure that all telecommunication facilities, including towers, antennas and ancillary facilities, are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the tower and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;
(8)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(9)
Consider the public health and safety of telecommunication towers; and
(10)
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B.
In furtherance of these purposes, the Township shall give due consideration to the Township's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 410-64 Definitions.
As used in this article, the following items shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.
The building, cabinets, vaults, closures and equipment required for operation of telecommunication systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.
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.
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.
The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within there is a potential hazard from falling debris (such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
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.
A type of mount that is self supporting with multiple legs and cross bracing of structural steel.
The type of mount that is self-supporting with multiple legs and cross-bracing structural steel.
The structure or surface upon which antennas are mounted, including the following four types of mounts:
A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been properly issued 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.
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
For the purposes of this article, shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHz to 300,000 MHz.
A telecommunication facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").
A facility 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 article, amateur radio transmission of television and radio broadcasts are not "telecommunication facilities."
The manpole or lattice framework designed to support transmitting and receiving antennas. For purposes of this article, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not "transmission towers."
Any wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paying and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
§ 410-65 Applicability.
A.
New towers and antennas. All new telecommunications towers or antennas in the Township shall be subject to these regulations.
C.
District height limitations. The requirements set forth in this article shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.
D.
Public property. Antennas or towers located on property owned, leased or otherwise controlled by the Township shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Such approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this article.
E.
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.
F.
Satellite dish antennas. This article shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
§ 410-66 General requirements.
A.
Principal or accessory use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Township land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
B.
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 or leased parcels within such lot.
C.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days 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 towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
D.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state 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 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 the 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
E.
Nonessential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as services, public utilities, or private utilities.
F.
Co-location required. The Township mandates that owners co-locate antennas on towers and other structures whenever possible. See § 410-69 for co-location requirements.
G.
Conditional use. All telecommunications facilities in the Township shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
H.
Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Township including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
§ 410-67 Use regulations.
B.
Conditional use standards. Wireless telecommunications facilities may be permitted on the above reference lands, provided that:
(1)
The minimum lot size on which the telecommunications facility is to be located is at least five acres in area.
(2)
Lattice towers and any type of guyed tower are prohibited.
(3)
Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:
C.
Factors considered in granting conditional use permits. In addition to the above standards, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
(1)
Proximity of the tower to residential structures and residential district boundaries;
(2)
Nature of uses on adjacent and nearby properties;
(3)
Surrounding topography;
(4)
Surrounding tree coverage and foliage;
(5)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness including stealth designs which are encouraged;
(6)
Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures;
(7)
Availability of proposed tower to other potential carriers. This list is considered to be an illustrative in nature and may not include all factors to be considered.
§ 410-68 Site design standards.
[Amended by Ord. No. 2002-24]
The following site design standards apply to wireless telecommunications facilities:
A.
New towers.
(1)
Telecommunications towers may not be located closer than 500 feet to any residential zone. Antennas located on preexisting buildings or structures are exempt from this requirement.
(2)
Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.
(3)
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anticlimbing measures.
(4)
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 on center.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
(5)
Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunication services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.
(6)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
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.
(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 surrounding buildings.
(7)
Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:
(a)
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 switched so that the light is turned on only when workers are at the building; and
(b)
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (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.
(8)
Signs. No signs are permitted except those required by the Federal Communications Commission (FCC), the Electronic Industries Association (ETA) and/or the Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.
B.
Antennas mounted on existing structures or rooftops.
(1)
Antennas on Existing Structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure in the I-1 and I-2 Zone Districts, provided:
(a)
Side and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
(b)
The antenna complies with all applicable FCC and FAA regulations.
(c)
The antenna complies with all applicable building codes.
(d)
The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure. If the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.
(2)
Aesthetics. 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.
C.
Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone and to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.
(2)
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this article.
D.
Co-location on water towers or standpipes.
(1)
With respect to applications to provide structure-mounted antennas on an existing or approved water tower or standpipe owned by either a public or private utility within the Township, any and all antennas shall be constructed thereon so as the maximum height of such antenna shall not extend above the height of the tower structure itself nor below the water storage area of such tower. It is the intention of this subsection to require that such structure-mounted antenna on water towers be located around the circumference of the sphere. In addition, such antenna facilities may only be mounted upon the existing water tower structure and cannot be mounted upon an existing antenna structure.
(2)
When the application for antennas is on an existing water tower which currently contains existing antennas, the applicant shall be required to match the color of the proposed antenna with the color of the existing antennas already located on the tower. If no such antenna currently exists, the antenna color shall match the color of the existing tower structure.
(3)
Minimum lot requirements for public water towers. Notwithstanding any other language of this chapter to the contrary, the lot area requirement for the placement of antennas on any existing or approved water tower or standpipe owned by the Township or the Ocean Township Municipal Utilities Authority shall be one acre.
§ 410-69 Co-location.
A.
The Township 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 standalone 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:
(1)
A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
(2)
Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county;
(3)
Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and
(4)
A copy of a proposed lease or affidavit of compliance with this article.
B.
In the event that co-location is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to co-location. 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 a good-faith effort to provide for co-location.
C.
If the applicant does intend to co-locate or to permit co-location, plans and elevation, which show the ultimate appearance and operation of the personal wireless facility at full build-out shall be submitted.
§ 410-70 Location priorities.
Wireless telecommunication facilities shall be located and approved in accordance with the following prioritized locations:
A.
The first priority shall be an existing tower or an existing or proposed water tower or standpipe owned by either a public or private utility within or near the Township.
B.
The second priority shall be new towers on lands owned by the Township and Ocean Township Municipal Utilities Authority or other public entity.
§ 410-71 Site plan submission requirements.
In addition to the site plan submission requirements of Article XVI of this chapter and other applicable sections of this chapter, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunication facilities:
A.
In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township at the time full service is provided by the applicant throughout the Township, the applicant shall submit a comprehensive service plan. The comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Township, and to the greatest extent possible, the service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunication services within the Township. The comprehensive service plan shall indicate the following:
(1)
Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township;
(2)
How the proposed location of the antennas relates to the location of any existing towers within and/or near the Township;
(3)
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Township by both the applicant and by other providers of telecommunication service within the Township;
(4)
How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower;
(5)
How the proposed location of the antennas relates to the overall objective of providing full telecommunication services within the Township while, at the same, limiting the number of towers to the fewest possible.
B.
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 approving authority to be necessary to assess compliance with this article.
C.
Legal description of the entire tract and leased parcel (if applicable).
D.
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
E.
The separation distance from other towers and antennas.
F.
A landscape plan showing specific landscape materials including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
G.
Method of fencing and finished color and, if applicable, the method of camouflage.
H.
A description of compliance with all applicable federal, state or local laws.
I.
A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
J.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunication sites owned or operated by the applicant in the Township.
K.
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.
L.
A visual impact study containing, 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. Such points shall be chosen by the carrier with review and approval by the Planning Board planning consultant to ensure that various potential views are represented.
M.
An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
(1)
Take into consideration all co-located radio-transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility;
(2)
Be performed by a RF engineer, health physicist or similar knowledgeable individual;
(3)
Follow current methods recommended by the FCC for performing such analyses.
§ 410-72 Monitoring and maintenance.
A.
After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency standards section of this bylaw.
B.
The applicant and coapplicant 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.
§ 410-73 Abandonment of discontinuation of use.
A.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, the carrier shall notify the Township Clerk by certified U.S. Mail of the proposed date of abandonment or discontinuation of operations. Notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.
B.
Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the personal wireless service within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
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 Planning 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 that the Township must remove the facility.