Warren City Zoning Code
§ 16-5.31
Wireless Telecommunications Facilities. 1
[Ord. No. 2000-18, § 1]
a. PUBLIC VIEW SEARCH AREA WIRELESS TELECOMMUNICATIONS ANTENNA WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT AND/OR TOWERS WIRELESS TELECOMMUNICATIONS TOWER
Definitions:
Shall mean visible from a public thoroughfare, public lands or public building.
Shall mean that geographic area (which may or may not extend beyond Township boundary lines) within which additional wireless telecommunications facilities are required to provide reliable and adequate coverage consistent with the licensing requirements of the Federal Communications Commission (FCC).
Shall mean a system of electrical conductors that transmit or receive radio frequency signals, digital signals, analog signals.
Shall mean a secure area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment and/or towers. All equipment must be enclosed within a building.
Shall mean buildings and/or structures and equipment for the receiving, sending or conditioning of wireless telecommunications for pagers and cell phones (satellite dish antennas not being included therein). For purposes of this definition, wireless telecommunications structures, antennas, equipment and/or towers may be collectively referred to herein as "wireless telecommunications facilities." This definition shall not include any tower, or the installation of any antenna, that is under 50 feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive only antennas.
Shall mean a vertical structure designed for and intended to support wireless telecommunications antennas.
b.
Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Township in order to protect the community from the impacts of wireless telecommunications facilities and to preserve the scenic and historic and environmental character of the countryside that the Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:
1.
Protect certain areas and land uses from the impacts of towers and antennas.
2.
Require the location of towers in the Office Research District (OR), the General Industrial District (GI) and the Agricultural-Residential Environmental Protection District (EP-250), these districts being referenced as "Permitted Districts" hereinafter. Applicants are encouraged to locate towers on high tension electric tower transmission facilities if they are located within Permitted Districts.
3.
Require the use of Township owned properties if located within a Permitted District.
4.
Minimize the total number of towers within the Township.
5.
Strongly encourage the joint use of existing tower sites as a primary option rather than construction of additional single-use towers.
6.
Encourage users of towers and antennas to locate them to the extent possible in areas where the impact on the community is minimal.
7.
Encourage users of towers and antennas to configure them in a way that minimizes the visual impact of the towers and antennas through careful design, siting, landscape, screening and innovative camouflaging techniques.
8.
Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
c.
Permitted Use/Conditional Use Treatment.
1.
Notwithstanding anything in this section to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to site plan approval pursuant to the Township Code and consistent with the visual compatibility requirements hereof shall be a permitted conditional use in Permitted Districts. The installation thereof shall be as inconspicuous as reasonably possible. The applicant shall meet the standards hereof and will obtain site plan approval.
2.
Notwithstanding anything in this section to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant proves that no existing tower, structure or alternative technology can accommodate the applicant's need. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
3.
If a Township property can fulfill the requirements of applicant's antenna location, then the applicant must locate on Township property, if the Township consents to such location and if the same is located within a Permitted District.
d.
Visual Compatibility Requirements.
1.
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate to the maximum extent practicable visual impacts through the use of color and camouflaging, screening, architectural treatment, landscaping and other appropriate means which shall minimize the visual impact of such antennas and towers on neighboring residences and the character of the Township as a whole. All potential visual impacts of the wireless telecommunications installation must be analyzed by the applicant to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility. Wireless telecommunications installations should be located to avoid being visually solitary or prominent when viewed from residential areas or public view.
2.
Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that significant viewscapes, streetscapes, and landscapes are not visually impaired. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.
3.
The wireless telecommunications equipment compound shall be located and screened from residential areas and the public way.
4.
The wireless telecommunications equipment compound shall be secured as approved by the Township Engineer. When the compound is located on the ground, the height of the equipment building shall not exceed nine feet for flat roofs and 14 feet for pitched roofs and the area of the equipment building shall not exceed 200 square feet.
5.
A ground located wireless telecommunications equipment compound comprised of no more than 1,000 square feet in area may be erected in support of wireless telecommunications antenna but only if:
(a)
It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or
(b)
When a location completely out of public view is not possible, a landscape buffer not less than 20 feet in width shall be provided outside the wireless telecommunications equipment compound to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees not less than eight feet high at the time of planting. The number of trees to be planted shall be the equivalent of staggered double rows at 15 feet on center around the compound perimeter; and
6.
A wireless telecommunications equipment compound shall be maintained in accordance with the site plan approval for it in a serviceable, safe and aesthetically pleasing manner.
e.
Conditional Use Standards for the Location of Wireless Telecommunications Antennas or Towers.
1.
An applicant which proposes to construct wireless telecommunications antennas or towers shall satisfactorily demonstrate, through the presentation and introduction of evidence, which may consist of plans, diagrams, reports, documents and expert testimony each, of the following:
(a)
The evidence presented and introduced shall describe in detail: (i) the wireless telecommunications network layout and its coverage area requirements and (ii) the need for new wireless telecommunications facilities at the specific proposed location within the Township. The applicant shall also provide evidence of any and all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location.
(b)
That applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures, on Township owned property and/or on high tension electric tower transmission facilities. The applicant, in order to meet its burden on this issue, shall provide copies of all correspondence from and between the wireless telecommunications provider and the said property owners of the existing buildings or structures and the Township. 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. Evidence demonstrating that no existing wireless telecommunications tower or building or structure, Township property or high tension electric tower transmission facilities can accommodate the provider's proposed antenna may consist of any one or more of the following reasons:
(1)
No existing towers or structures, Township property or high tension electric tower transmission facilities are located within the geographic area that is necessary to meet the provider's requirement to provide reliable coverage.
(2)
Existing towers or structures are not of sufficient height or cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
(3)
The applicant's proposed antenna would cause electromagnetic interference with antennas on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antennas.
(4)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are patently unreasonable. Actual direct costs exceeding new tower design, development and construction are presumed to be patently unreasonable.
(5)
The applicant demonstrates that there are other limiting factors that render existing towers and structures or Township property unsuitable.
(c)
The locations of all existing communications towers and other structures of 150 feet in height or less within the applicant's search area. The applicant shall provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network and the alternate network designs identified above.
(d)
Where a suitable location on an existing tower or other structure, Township property or high tension electric tower transmission facility is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on said tower or other structure or on the Township owned property, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate or to locate on Township property.
(e)
A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services by the applicant through the use of a new tower.
(f)
That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant's search area according to this section. Without otherwise limiting the nature of the evidence to be provided by the applicant, the applicant shall provide to the approving authority the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner; 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; and
(g)
Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto unless required by the FCC, FAA or any other governmental agency regulations or requirements.
(h)
Comply with the Township standard that no wireless telecommunications towers shall not be erected within 1,000 feet of any historic district or site listed on the National and/or State Register of Historic Places.
f.
Bulk Standards. An applicant proposing to construct a wireless telecommunications tower who has satisfied the requirements of paragraph e above shall comply with the following bulk standards (these standards not being applicable to installations on high tension electric tower transmission facilities):
1. | Minimum total lot size (the lot upon which the applicant has leased or purchased a portion thereof for its use). | Lot must comply with the zoning requirements in the zone in which located. Excluding Township owned properties which have no limitation | |
2. | Minimum setback of wireless telecommunications tower from: | ||
(a) | Any property line | Towers must be set back a distance equal to at least 20% of the tower height from any adjoining lot line | |
(b) | Any existing residence | Towers must be set back a distance equal to at least 200% of the tower height from all non-appurtenant buildings | |
(c) | Any existing wireless telecommunications tower | 1,500 feet | |
3. | Minimum setback for equipment compound from any property line | The zone district setback requirements for any principal building | |
4. | Maximum height of wireless telecommunications tower | 120 feet | |
5. | Maximum height of antenna attached to a building | 10 feet beyond the highest elevation of the building or structure on which attached | |
g.
Site Plan Application Requirements for the Installation of Wireless Telecommunications Towers, in Addition to the Checklist Requirements Contained in Subsection 15-6.3 of the Township Codification.
1.
All site plan details required herein for wireless telecommunications towers shall be provided and shall include the site boundaries, tower location, existing and proposed structure, including accessory structures, existing and proposed ground-mounted equipment, vehicular parking and access and structures and land use designations on the site and abutting parcels.
2.
A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced.
3.
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc., Code, or the Electronic Industries Association Telecommunications Industries Association (EIATIA) 222 Revision F Standards, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended, or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
4.
A binding, irrevocable letter of commitment by the applicant and the property owner to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Township under the laws of the State of New Jersey. The letter of commitment shall be recorded with the County Clerk prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.
5.
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.
6.
A copy of the lease or deed for the property.
7.
A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting municipalities which provide service to areas within the Township and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
8.
A 360° drawn perspective or a photo simulation at four locations (at 90° increments) of the proposed tower drawn to an appropriate scale.
9.
In implementing the National Environmental Policy Act (NEPA), the Federal Communications Commission requires applicants to prepare "environmental assessments" for towers that are proposed to be located in certain environmentally sensitive areas, including: officially designated wildlife preserves or wilderness areas; 100-year floodplain; situations which may affect threatened or endangered species or critical habitats; or situations which may cause significant change in surface features, such as wetland fills, deforestation or water diversion. In addition, an environmental assessment must be prepared when sites listed or eligible for listing in the National Register of Historic Places may be affected.
The fact that an environmental assessment is required does not necessarily mean the tower cannot be built. It does, however, call for public notice and opportunity to comment on the environmental impacts of the proposed tower. If the FCC, after review of the comments, makes a finding of "no significant impact," the project has cleared NEPA scrutiny.
h.
Design Standards, in Addition to Those Design Standards Contained in Section 15-7 of the Township Codification.
1.
A wireless telecommunications tower shall be designed and constructed to accommodate at least three antenna arrays of separate telecommunication providers (the applicant's plus two collocators).
2.
Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
3.
No lighting is permitted except as follows:
(a)
Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, 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
(b)
No lighting is permitted on a wireless telecommunications tower unless required by the FAA.
4.
Wireless telecommunications antennas and towers shall be properly maintained by the owner or lessee to assure their continued structural integrity. The owner of the tower or antenna shall also perform regular maintenance of the structure and of the site as to assure that it does not create a visual nuisance. An independent licensed professional engineer shall submit a written report to the Township Engineer every two years and/or after tower modification or the addition of any antennas as to the structure of the tower and any related matters.
5.
Wireless telecommunications towers antennas and other equipment shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
6.
Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.
7.
Any proposed new telecommunications tower shall be a "monopole" unless the applicant can demonstrate that a different type structure is necessary for the collocation of additional antennas on the tower. Such structures shall employ camouflage technology where appropriate and where required by the approving authority.
8.
No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for emergency situations requiring the use of a backup generator.
9.
Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association Telecommunications Industries Association (EIATIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
10.
All equipment shall be designed and automated to the greatest extent reasonably possible in order to reduce the need for on-site maintenance and thereby 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 approving authority.
i.
Antenna Modifications; Abandonment.
1.
Whenever antennas are modified or replaced, operators of wireless telecommunications facilities shall provide to the Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the EIATIA Standard referenced above. Such modifications shall be subject to site plan review and approval and all the requirements set forth herein.
2.
Operators of wireless telecommunications facilities shall notify the Township when the use of such antennas and/or ancillary equipment is discontinued. Facilities that are not in operational use for wireless telecommunications purposes for a period of six months shall be removed by the operator at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the telecommunication facility site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment. If the above is not accomplished by the operator or owner, the Township may remove the same at the operator's or owner's expense. The operator shall be required to submit to the Township Zoning Officer verification of continued use of the facilities as issued by the State and/or the FCC on or about the first of every calendar year or other renewal period. The Township retains the right to use any abandoned wireless telecommunications equipment on municipal property for its own use. Notwithstanding the above, it shall be the Township's option to assume ownership of the aforesaid facilities instead of the operator's removal of the said equipment from the site.
j.
Collocation and Shared Facilities and Sites.
1.
FCC licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically and economically feasible.
k.
Nonconforming Wireless Telecommunications Sites.
1.
Wireless telecommunications sites in existence on the date of the adoption of this subsection which do not comply with the requirements of this subsection (are nonconforming), are subject to the following provisions:
(a)
Such nonconforming sites may continue in use for the purpose presently used, but may not be expanded without complying with this subsection except as provided below.
(b)
Such nonconforming sites 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 subsection, unless destruction to the structure is greater than 50%, then repair or restoration will require compliance with this subsection.
(c)
The owner or operator of any nonconforming site may repair, rebuild and/or upgrade (but not expand such site or increase its height, reduce its setbacks or exceed the existing footprint), 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 subsection.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 98-7.