Southampton Township
City Zoning Code
City Zoning Code
12-5.19 Telecommunications
towers and antennas.
[Amended 2-20-2024 by Ord. No. 2024-01]
a.
Purpose. The purpose of this subsection is to establish general guidelines for the placement of wireless communication towers and antennas to accommodate the communication needs of residents and business while protecting the public health, safety, and general welfare of the community. The goals of this subsection are to:
1.
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
2.
Facilitate the provision of wireless telecommunication services to the residents and businesses of the Township;
3.
Encourage the location of towers in nonresidential areas;
4.
Minimize the total number of towers throughout the community;
5.
Minimize adverse visual effects of towers through careful design and siting standards;
6.
Require the joint use of new and existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or predesignated existing buildings or structures as a primary option rather than construction of additional single use towers;
In furtherance of these goals, Southampton Township shall give due consideration to the Southampton Township Master Plan, Zoning Map, existing land uses, inventory map of existing towers and structures and environmentally sensitive areas in approving sites for the location of towers and antennas. |
b.
Definitions. As used in this subsection the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omni-directional antennas.
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.
CO-LOCATION
The attachment of commercial wireless telecommunication antenna to an existing tower.
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
Licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobilized radio, enhanced specialized mobilized radio, paging, and similar services that are marketed to the general public.
FAA
Federal Aviation Administration.
FCC
Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND ANTENNAS
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER
Any ground or roof mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces, and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like.
TOWER, MULTI-USER
A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
TOWER, SINGLE-USER
A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by Code.
c.
Applicability.
1.
New towers and antennas. Use variance and site plan approval are required from the Southampton Township Land Development Board for the construction of any new tower or antenna or additional towers and antennas on pre-existing sites or any site where towers did not exist prior to the adoption of this chapter except in the Pinelands Area where towers and antennas which are consistent with a comprehensive plan for local communication facilities which has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c) shall be considered a permitted use. Site plan approval for any such towers and antennas in the Pinelands Area shall be required from the Southampton Township Land Development Board and the standards set forth in paragraphs d, e, and f shall apply.
2.
Preexisting towers and antennas. Preexisting towers or antennas shall not be required to meet the requirements of this chapter provided that requirements of paragraphs d 2 and d 3 are met and unless altered or additional equipment is added to same.
3.
Pinelands area. All towers and antennas must meet the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for local communications facilities, which has been approved by the Pinelands Commission.
d.
General requirements.
1.
Co-location.
(a)
Each applicant for a new telecommunication tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a five mile search radius of the proposed tower.
(b)
Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas which may be proposed by other telecommunications providers who have identified a service need in the area. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
2.
Siting standards.
(a)
Outside the Pinelands Area, each applicant for a new telecommunication tower shall site facilities so as to avoid negative impacts on residential districts or uses. The following tiering system shall be used as a preference guide for the siting of such facilities with the first designation being the district with the least negative impact:
(1)
Public property (State, County, municipal).
(2)
Quasi-public property.
(3)
Open space lands.
(4)
Industrial/commercial.
(5)
Residential.
(b)
Within the Pinelands Area, each applicant for a new telecommunication tower shall site facilities in a manner which is consistent with the Pinelands Comprehensive Management Plan and avoids negative impacts on residential districts to the maximum extent practical. The tiering system set forth in paragraph (a) above shall be used as a preference guide in the siting of new telecommunication towers within the RC, AP, and MC districts. Within the remainder of the Pinelands Area, new telecommunication towers shall be sited only at the following locations:
(1)
On developed publicly owned lands within 500 feet of an existing structure, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored and that no tower will be located on State, County or municipal conservation lands, State recreation lands or County and municipal lands used for low intensity recreational purposes;
(2)
On the parcel of an approved resource extraction operation, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored;
(3)
At a first aid or fire station;
(4)
At a landfill, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored; or
(5)
Within the HC - Highway Commercial zone.
3.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and 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 subsection shall bring such towers and 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 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.
4.
Safety standards/building codes. 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, as amended. If, upon inspection, Southampton 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.
5.
Tower setbacks. Towers shall conform with each of the following minimum setback requirements:
(a)
Towers shall meet the setbacks of the underlying zoning district with the exception of industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(b)
Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Street Plan of the City by a minimum distance equal to 1/2 of the height of the tower including all antennas and attachments.
(c)
Towers shall not be located between a principal structure and a public street, with the following exceptions:
(1)
In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street.
(2)
On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
(d)
A tower's setback may be reduced or its location in relation to the public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.
6.
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district 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.
7.
Abandoned towers. All abandoned or unused towers and associated facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Board.
e.
Additional submission requirements.
1.
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Board an inventory of its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within the jurisdiction of Southampton Township and within one mile of the border thereof, including specific information about the location, height, and design of each tower. The inventory report shall be reviewed by a qualified professional with a specialization in the analysis of telecommunications towers and antennas.
2.
Report. A report from a qualified and licensed engineer which includes the following:
(a)
Description of tower height and design including cross section and elevation;
(b)
Indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;
(c)
Description of the tower's capacity, including the number and type of antennas that it can accommodate;
(d)
Indicates what steps the applicant will take to avoid interference with established public safety telecommunications.
3.
Letter of intent. A letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.
4.
Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.
f.
Design requirements. Telecommunication towers shall be of a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment.
1.
Aesthetics. 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. The antenna and supporting electrical and mechanical equipment must be of 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.
2.
Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
3.
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
4.
Height. The antenna and any supporting structure shall not exceed 200 feet in height but, if a lesser height, shall be designed so that its height can be increased to 200 feet if necessary to accommodate other local communications facilities in the future.
5.
Signs and advertising. The use of any portion of a tower for signs other than warning or equipment information signs is prohibited.
