Readington Township
City Zoning Code
City Zoning Code
ARTICLE VIII
Wireless Telecommunications
§ 148-80 Purpose and goals.
The purpose of this article is to comply with the Federal Telecommunications Act and to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to protect the Readington community from the visual or other adverse impacts of these facilities, while allowing their unobtrusive development to provide comprehensive wireless telecommunications services in the Readington community with its benefits to residents and businesses. The ordinance seeks to accomplish these goals through the use of careful design, siting, landscaping, screening and innovative camouflaging techniques. To further encourage economy of design, utility and aesthetics, and to minimize the number of telecommunications towers, the ordinance requires that antennas be located on existing buildings, existing structures and existing towers, preferably on property used for public purposes, and not on newly constructed telecommunications towers.
§ 148-81 Telecommunications towers prohibited.
Telecommunications towers are prohibited structures in all zones.
§ 148-82 Conditional use standards.
[Amended 12-20-2010 by Ord. No. 32-2010]
PWTF's and PWTEF's shall be conditional uses in all zones. PWTF's and PWTEF's shall meet the following conditions:
A.
If an applicant proposes that a PWTF or PWTEF is to be located on property owned by the municipality or which is used for public purposes, the applicant shall demonstrate that the Township Committee approves of the proposed location on such property as evidenced by a resolution adopted by the Township Committee.
B.
If the PWTF or PWTEF is proposed to be located on land encumbered by a farmland preservation easement, NJDEP, Green Acres or other conservation easement, the applicant may not locate a PWTF or PWTEF within the area subject to the easement unless it is upon or within an existing high-tension wire support or other existing structure and the applicant produces letter(s) or resolution(s) from the property owner, easement holder and any other entity having a legal interest in the easement demonstrating that the owner, easement holder or other entity having a legal interest in the easement approves or takes no exception to the proposed PWTF or PWTEF.
C.
For an applicant proposing to locate upon an existing high-tension-wire support or other structure, consent (in a recordable document) of the owner to locate the proposed PWTF and/or PWTEF upon the owner's existing high-tension wire or other structure shall be submitted to the approving authority.
D.
The applicant shall produce evidence of access from the property owner and/or easement holder to the proposed PWTF or PWTEF by a document which shall be recorded in the County Clerk's office.
E.
A PWTF proposed to be located within or upon an existing structure shall be of a stealthy design which is integrated with the design of the existing structure and be designed to be as unobtrusive as possible.
F.
Maximum height.
(1)
Maximum height of attached antenna/PWTF: 10 feet or 10% (whichever is lower) above the highest point of the building or structure where attached.
G.
PWTF's and PWTEF's shall satisfy the minimum zoning district setback requirements.
H.
Signs shall not be permitted except for required 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.
I.
No lighting is permitted except as follows:
(1)
A PWTEF enclosing electronic equipment may have security and safety lighting, provided that the light is focused downward, is shielded with a ninety-percent cutoff as documented by the manufacturer and is controlled by timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.
(2)
No lighting is permitted on a PWTF except lighting that specifically is required by the Federal Aviation Administration (FAA).
J.
Fences. No fences are permitted in association with the development of a PWTF/PWTEF. Security for wireless telecommunications facilities shall be addressed without fencing.
K.
Location feasibility.
(1)
Each application shall include a site location alternative analysis describing the location of other sites considered, the applicant's efforts at determining the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs (not financial), and the reason why the site(s) were not selected and the reason why the subject site was chosen. The analysis shall address the following issues:
(a)
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Readington community and within the region and the state at the time full service is provided by the applicant throughout the Readington community.
(b)
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Readington community.
(c)
The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the approving authority shall describe in detail:
[1]
The wireless telecommunications network layout and its coverage area requirements.
[2]
The need for new wireless telecommunications facilities at a specific location within the Township.
[3]
All structures 50 feet or higher (measured from the ground elevation of the proposed site as referenced to sea level) within a mile radius of the proposed location of the PWTF.
(d)
That the applicant has exercised its best efforts to locate the PWTF or PWTEF according to the requirements of this article within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the approving authority copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures, including rejection letters and letters of interest. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
(2)
The approving authority may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Readington's escrow provisions.
L.
Visual, contextual and environmental considerations. All PWTF's and PWTEF's shall be located to minimize impacts on the surrounding area in accordance with the following standards.
(1)
Sites for PWTFs and PWTEFs shall demonstrate that they provide the least visual impact on residential areas, public lands and public rights-of-way. All potential visual impacts shall be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
(2)
PWTEFs shall be located underground, with no portion of the PWTEF or associated containment structures set higher than six inches above finished grade (i.e., within a vault structure).
(3)
PWTF's and PWTEF's 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 shall not be impaired or diminished by the placement of telecommunications facilities.
(4)
No existing tree having a diameter at breast height of eight inches or greater shall be removed in order to provide a location for a PWTF or PWTEF.
(5)
If a driveway exists on a property upon which a PWTF or PWTEF is to be located, the existing driveway shall be used to provide access to the PWTF/PWTEF. No new driveway/vehicular access may be constructed solely for the purpose of providing access to the PWTF/PWTEF.
(6)
One hundred percent of the increase in stormwater runoff resulting from increases in impervious cover relating to PWTF/PWTEF and associated site elements shall be retained and recharged on the subject property within the same subwatershed.
§ 148-83 PWTF's and PWTEF's not considered public utilities.
No PWTF or PWTEF shall be deemed a public utility with respect to the definition of "public utility" contained within the Readington Township Land Development Ordinance.
§ 148-84 Site design standards.
The following design standards shall apply to PWTF's and PWTEF's installed or constructed pursuant to the terms of this article:
A.
Color. PWTF's and PWTEF's shall be of a color appropriate in the context of the PWTF's or PWTEF's location and to make them as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
B.
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.
[Amended 12-20-2010 by Ord. No. 32-2010]
C.
Camouflage technology. The applicant shall employ camouflage technology as appropriate as determined by the approving authority.
[Amended 12-20-2010 by Ord. No. 32-2010]
D.
Noise. The facility shall comply with the municipal Noise Ordinance. A comparison of the projected noise generation to the maximum permitted emanation permitted by ordinance shall be provided.
§ 148-85 Removal of abandoned PWTF's.
[Amended 12-20-2010 by Ord. No. 32-2010]
A.
At such time that a licensed carrier plans to abandon or discontinue operation of a PWTF/PWTEF, such a carrier shall notify the Township Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such 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 PWTF/PWTEF 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 PWTF/PWTEF within 90 days from the date of abandonment or discontinuation of use. The term “physically remove” shall include, but not be limited to:
(1)
Removal of antennas, mounts, equipment shelters, lighting, signs, pavement, curbs, fencing and security barriers related to the facilities that have been abandoned or discontinued on 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 plantings and grading shall be addressed pursuant to the direction of the Township Engineer.
C.
If a carrier fails to remove a PWTF/PWTEF in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facilities. The approving authority shall require, as a condition of approval, that an applicant/developer of a PWTF/PWTEF post a bond prior to the issuance of construction permits. Such a bond shall be sufficient to cover the Township’s costs for the removal of the PWTF/PWTEF in the event that the Township must remove the facility. The amount of the bond shall be approved by the Township Engineer.
§ 148-86 Nonconforming PWTF's.
PWTF's in existence on the date of the adoption of this article which do not comply with the requirements of this article (nonconforming PWTF's) are subject to the following provisions.:
A.
Nonconforming PWTF's may continue in use for the purpose now used but may not be expanded without complying with this article, except as provided in Subsection C below.
B.
Nonconforming PWTF's whose structures are partially damaged or destroyed 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 destruction to the structure is greater than 40%, then repair or restoration will require compliance with this article.
C.
The owner of any nonconforming PWTF may repair, rebuild and/or upgrade such PWTF (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, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this article.
§ 148-87 Site plan submission requirements.
A.
All site plan details required by the major site plan checklist contained in Article X of the Land Use Ordinance shall be provided to the approving authority.
B.
In addition to the applicable documentation, required escrow fees and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the approving authority for review and approval as part of the site plan submission:
(1)
The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and PWTF's which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTF's and radio frequency emission standards. PWTF's shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(2)
Documentation by a qualified expert that any structure upon which a PWTF is proposed to be attached 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.
(3)
A letter of commitment from the applicant to lease excess space on the structure. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the owner of the structure as well as successors in interest.
(4)
A copy of the lease (with confidential or proprietary information redacted) and/or deed for the property, including any restrictions on the property, such as conservation easements, agricultural development rights easements, other restrictive covenants or easements.
(5)
A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed PWTF and indicating its view from at least the five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.
§ 148-88 Farmland.
The erection of PWTF's and PWTEF's on farmland assessed properties or structures shall be subject to the New Jersey tax laws governing farmland assessment.