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Wantage Township City Zoning Code

§ 13-24.21

Wireless Telecommunications Towers, Antennas and Facilities.

[Amended 9-8-2022 by Ord. No. 2022-05]
a. 
Purpose. The purpose of this subsection is to create the opportunity to locate personal wireless telecommunications towers, antennas and facilities in locations in which there will be no substantial impact on the rural scenic character of Wantage Township. To accomplish this objective, this subsection establishes location priorities which were chosen to insure that wireless communications carriers are permitted to provide a reasonable level of service while protecting the residents of Wantage Township from the adverse visual impact of a proliferation of wireless communications towers throughout the township. The overriding objective of this subsection is to foster the use of existing structures as the means of mounting the antennas deemed essential to providing wireless communication services while still permitting new tower construction if the carrier shows that a given site is the least intrusive means of providing essential service. Finally, in order to ensure the continued public health, safety and general welfare, all telecommunications towers, antennas and facilities shall provide collocation space for any Township uses, including, but not limited to, emergency services on towers which also includes ensuring all necessary electricity is available on a regular and emergency basis so as to further protect the public’s welfare.
b. 
Conditional use standards. Wireless telecommunications antennas, towers and facilities shall be permitted as conditional uses in the following locations according to the following standards:
1. 
Antennas may be mounted on existing lawful structures owned by the Township of Wantage provided that:
(a) 
The antenna shall not extend higher than 20 feet above the existing structure upon which the antenna is mounted.
(b) 
The antenna shall not extend more than five feet beyond any side of the existing structure upon which the antenna is mounted.
(c) 
Wireless telecommunications facilities shall maintain a fifteen-foot setback to any property line and shall be appropriately landscaped as required by the approving authority.
2. 
Antennas may be mounted on privately-owned lawful structures provided that:
(a) 
In a residential zone, the antenna is completely concealed within the existing structure or camouflaged to be completely concealed from view.
(b) 
In a commercial zone, stealth technology is utilized with the objective of concealing the antenna to the greatest extent possible.
3. 
Antennas may be collocated on an existing tower or structure owned by a public utility in any zone provided that:
(a) 
The height of the existing tower or utility structure with the antenna mounted will not exceed the maximum height permitted by this subsection.
(b) 
The tower or utility structure which is proposed for colocation shall not be modified or reconstructed beyond what is required to mount the antenna, unless the approving authority permits reconstruction as a monopole or stealth structure.
4. 
New towers may be constructed in any zone provided that:
(a) 
The applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower, structure or alternative technology that does not require the use of a new tower can accommodate the applicant's proposed antenna. The applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna must consist of evidence showing that a significant gap in the availability of wireless service will exist if a new tower is not located within the geographic area. Upon establishing a significant gap in service, the provider must demonstrate to the reasonable satisfaction of the approving authority that the proposed tower is the least intrusive means of filling that gap with a reasonable level of service. To do so, the provider must show that a good faith effort has been made to identify and evaluate less intrusive alternatives.
(b) 
Minimum lot area - two acres.
(c) 
Maximum height of a security fence - six feet.
(d) 
Maximum height of an accessory building or structure - 15 feet.
(e) 
Maximum area of a personal wireless telecommunications facility - 2,500 square feet.
(f) 
Maximum tower height - 80 feet.
(g) 
Setbacks must otherwise meet setback requirements for that particular zone.
5. 
General requirements for all towers, antennas and facilities.
(a) 
Stealth requirements. All applicants proposing to place towers, antennas and facilities in commercial zones are required to show that they have utilized stealth techniques to conceal the equipment to the greatest extent possible.
(b) 
Annual report. Upon the issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the township engineer, township planner and township zoning officer, an initial report signed and sealed by a licensed professional engineer, certifying the estimated useful structural life of the tower as well as providing an initial inventory of all equipment and antennas on the site. After 50% of the useful structural life has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment. All antenna lessees shall also be required to notify the above Wantage Township officials when the use of such antenna or equipment is discontinued. If any of the reports disclose that a condition of any tower presents an imminent hazard to the public health, safety or welfare, or that the tower antenna and facilities are no longer in use, the owner of the tower or site upon which it is located shall, and the township engineer or zoning officer may order in their discretion, appropriate corrective action including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers and sites shall be maintained to insure continued structure integrity. The owner of the tower 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.
(c) 
Abandonment and removal. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Wantage notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within 90 days shall be grounds for the township to require removal of the tower or antenna at the owner's or property owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the township. The township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the township engineer for such construction as required under all applicable township ordinances.
(d) 
Letter of commitment. In the event that an applicant proposes colocation, a letter of commitment shall be filed by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit and shall be binding upon the applicant, property owner and successors in interest.
(e) 
Signs prohibited. No signs shall be permitted on any tower or equipment shed, except for those signs required by law or containing such information as owner contact information, warnings, equipment information, and safety instructions. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower, antenna or facility.
(f) 
Lighting. No lighting is permitted except as follows:
(1) 
An equipment shed may have security and safety lighting at the entrance, provided the lighting is attached to the shed, is focused downward and is wired with a timing device and/or sensor so that the light is turned off when not needed for safety or security purposes.
(2) 
No lighting is permitted on a wireless telecommunications tower unless mandated by the Federal Aviation Administration.
(g) 
Multiple towers and uses. Any prohibition contained in any local ordinance restricting the number of principal uses per lot shall not apply to the construction of wireless telecommunications towers and facilities when the conditions contained in this subsection are met.
(h) 
Site location analysis. Every application for a wireless telecommunications tower or antenna shall include a site location alternative analysis, including an analysis of the location priorities describing the locations 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:
(1) 
How the proposed location of the wireless telecommunication tower or antenna relates to the objective of providing reasonably reliable wireless communication services within the Wantage area at the time full service is provided by the applicant.
(2) 
How the proposed location of the wireless telecommunications tower or antenna relates to the location of any existing towers or antenna within or near the Wantage area.
(3) 
How the proposed location of the wireless telecommunications tower or antenna relates to the anticipated need for additional towers or antennas within and near the Wantage area by the applicant, and by other providers of wireless telecommunications services within and near the Wantage area.
(4) 
How the proposed location of the wireless telecommunications tower and antenna relates to the objective and goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the township.
(i) 
Additional municipal experts. The approving authority reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a wireless telecommunications tower, antenna or facility, the applicant is deemed to have consented to this procedure.
(j) 
All telecommunications towers, antennas and facilities shall provide collocation space for Township uses, including, but not limited to, emergency services on towers, at no cost to the Township, which also includes ensuring all necessary electricity is available on a regular and emergency basis so as to further protect the public’s welfare.