Toms River City Zoning Code
§ 348-9.31
Personal wireless telecommunications facilities.
[Added 9-28-2010 by Ord. No. 4296-10]
Legislative intent. The Township Council finds and determines that:
The federal government, through the Federal Communications Commission (FCC), has issued personal wireless telecommunications licenses for personal telecommunications services and other wireless technologies.
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.
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.
It is necessary to reasonably regulate PWTFs and associated personal wireless telecommunications equipment facilities (PWTEFs) to minimize potential aesthetic impacts.
There is a need to establish provisions in the Toms River Township land use code to address the siting of PWTFs and PWTEFs.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.
Use of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communication technology and/or placement of a PWTF on a structure.
Facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, equipment cabinets, storage sheds, storage buildings and security fencing.
Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structures, telecommunications towers and related facilities other than PWTEFs.
A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.
The Township of Toms River, in the County of Ocean, State of New Jersey.
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which include FCC-licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging 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.
Purpose and goals. The purpose of this section is to provide sound land use policies, procedures and regulations for personal wireless telecommunications facilities to protect the Toms River community from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Toms River community with its benefits to residents and businesses. This section expresses a preference that antennas be located on existing buildings and towers, preferably on municipal or other public property, and not on newly constructed telecommunications towers, and encourages co-location and site sharing of new and existing PWTFs.
Development standards.
Height standards. Where permitted, PWTFs may exceed the maximum building height limitations, provided the height has the least visual impact and is no greater than required to achieve service area requirements and potential co-location, when visually appropriate. PWTEFs are limited to 12 feet in height.
Setback standards. All PWTFs and PWTEFs shall be subject to the minimum yard requirements of the zoning district in which it is located, provided the minimum setback may be increased where necessary to address safety concerns. 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.
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Toms River community, PWTFs and PWTEFs shall be permitted as a conditional use in all districts. Proposals on lower priority sites with less visual impact, assessed under Subsection F below, shall take preference over higher priority sites. Locational priorities shall consist of the following:
The first priority location shall be on lands or structures owned by Toms River Township, if feasible and available.
The second priority location shall be on lands or structures owned by the Toms River Regional School District, if feasible and available.
The third priority location shall be co-location on existing PWTFs (or existing water tanks), provided that the new installation does not increase the height by more than 10%.
The fourth priority location shall be existing buildings, steeples, bell towers, poles or other structures which can be used for PWTEFs and PWTFs in such a manner as to render the antennas and related equipment as visually unobtrusive as possible.
The fifth priority location shall be such locations as the applicant proves are essential to provide required service to the Toms River community.
Conditional use standards. All PWTFs and PWTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection E above shall be deemed more acceptable than lower priority sites.
Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
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.
The applicant must document he or she is using the least visually obtrusive technology to provide the required service. The applicant must present to the applicable land use board of jurisdiction information on the available technologies for the proposed location and document that the selected technology has the least visual impact.
The applicable land use board may waive any of the above standards upon the applicant showing that enforcement would prevent the applicant from satisfying its license requirements.
Site design standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this section:
Co-location. Any ordinance limitation on the number of structures on a lot shall not apply when PWTFs and PWTEFs are located on a lot with existing buildings or structures.
Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by security features, such as a fence, which prevent unauthorized access. Other safety measures such as anticlimbing devices may be considered by the applicable land use board in accordance with applicable federal U.S. Department of Labor, Occupational Safety and Health Administration standards and state building code requirements.
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or 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 to 10 feet in height at planting time and/or a solid fence eight feet in height.
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 and PWTEFs shall be of a color appropriate to the locational context and to make them 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 applicable land use board.
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 18 inches.
Lighting. No lighting is permitted except as follows:
PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance or point of enclosure, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
No lighting is permitted on a PWTF 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.
Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type of pole is necessary for the co-location of additional antennas on the tower. Such 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 (RF) emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of RF emissions. PWTFs which meet FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and RF 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 Electronics 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 as to assure that it does not create a visual nuisance.
Co-location policy. It is the policy of the Township of Toms River to minimize the number of PWTFs and to encourage the co-location of antenna arrays of more than one wireless telecommunications service provider on a single support tower. In furtherance of this policy:
The municipal engineer shall maintain an inventory of existing PWTF locations within or near the Toms River community.
An applicant proposing a PWTF at a new location shall demonstrate that it made a reasonable attempt to find a co-location site that is technically feasible and that none was practically or economically feasible. The applicant shall include in its design the opportunity for co-location by others or explain why co-location is not feasible. Applications within the fourth locational priority are exempt from this requirement.
Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the Toms River community inventory, any such facilities in the abutting towns which provide service to areas within the Toms River community and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
Each applicant 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 provider's service or engineering needs and the reason why the subject site was chosen.
The analysis shall address the following issues:
How the proposed location of the PWTF relates to the objective of providing full wireless communication services within the Toms River community at the time full service is provided by the applicant throughout the Toms River community;
How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Toms River community;
How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the Toms River community by the applicant and, to the extent known, by other providers of wireless communication services within the Toms River community;
How the proposed location of the proposed PWTF relates to the objective of co-locating the antennas of many different providers of wireless communication services on the same PWTF. Applications within the fourth locational priority are exempt from this requirement; and
How its plan specifically relates to and is coordinated with the needs of all other providers, to the extent known, of wireless communication services within the Toms River community.
The applicable land use board 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 Toms River's escrow provisions.
Removal of abandoned PWTFs. Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTF shall remove same within 90 days of notice from the Zoning Officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF 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 one-year reuse period may be extended for a period not to exceed one additional year.
Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this section which do not comply with the requirements of this section (nonconforming PWTFs) are subject to the following provisions.
Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.
Nonconforming PWTFs which 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 construction permit therefor, but without otherwise complying with this section. If this destruction is greater than partial, then repair or restoration will require compliance with this section.
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 co-located antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.
Additional site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the applicable land use board for review and approval as part of the site plan submission:
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 co-located 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; and
A visual impact study, graphically simulating through models, computer-enhanced graphics or similar techniques, the appearance of any proposed tower 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.