Subject to the conditions set forth in this
section and to site plan approval, except as otherwise provided below,
new telecommunications towers and antennas shall be permitted as conditional
uses in the AG Agricultural District and OP Office Park District.
Telecommunications towers and antennas shall
not be permitted in the PVD-1, PVD-2 and PVD-3 Planned Village Residential
Districts; R-1 Residential District; C Commercial District; or V Village
District.
Preexisting towers and antennas. Wireless telecommunications
towers that existed on the date of the adoption of this section (nonconforming
wireless telecommunications towers) are subject to the following provisions:
Nonconforming wireless telecommunications towers
may continue in use for the purpose now used but may not be expanded
(i.e., by increasing size or height, or by adding additional users)
without complying with this section.
Nonconforming wireless telecommunications towers
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 building permit therefor but without
otherwise complying with this section. However, should the destruction
or damage be determined by the Chesterfield Zoning Board to be of
such an extent that it is beyond the scope and intent of the "partial
destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration
will require compliance with this section.
The owner of any nonconforming wireless telecommunications
tower may repair, rebuild and/or upgrade (but not expand such telecommunications
tower or increase its height or reduce the 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 section.
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Chesterfield Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with § 130-142A above, shall be located in accordance with the following prioritized locations:
Existing towers. The first priority location
shall be collocation on existing telecommunications towers or proposed
towers within the Township or neighboring municipalities used for
transmitting or receiving analog, digital, microwave, cellular, telephone,
personal wireless service or similar forms of an electronic communication;
provided, however, that locations which meet this criteria shall be
subject to the design and siting components of this section, and collocation
sites shall not become "antenna farms" or otherwise be deemed by the
Land Use Board to be visually obtrusive.
Publicly used structures. The second priority
location shall be on land or structures to be owned by, in order of
specific preference: the Township of Chesterfield; the Board of Education
of the Township of Chesterfield; the County of Burlington; the State
of New Jersey; any other state, county or local governmental agencies
or bodies. These publicly used structures are preferred locations
throughout the Township because they appear in many zoning districts,
are disbursed throughout the Township and, due to their institutional
or infrastructure uses, are generally similar in appearance to, or
readily adaptable for, telecommunications facilities. Therefore, telecommunications
facilities should be less noticeable when placed on publicly used
structures than when placed on a commercial or residential structure.
Publicly used structures include, but are not limited to, facilities
such as municipal buildings, police or fire stations, schools, libraries,
utility structures, water towers, elevated roadways, bridges, flag
poles, clock or bell towers and light poles.
The third priority location shall be wholly
industrial and commercial structures such as warehouses, factories,
retail outlets, supermarkets, banks, garages or service stations,
particularly where existing visual obstructions or clutter on the
roof or along a roofline can and will be removed as part of the installation
of the telecommunications facility.
The fourth priority location shall be where
the applicant can add on to, or install in, existing buildings or
structures such as steeples, silos, barns or telephones and power
lines within the Township or neighboring communities.
The fifth priority location shall be such locations
as the applicant proves are essential to provide required service
to the Chesterfield Township area.
The total number of local communications facilities
in the municipality shall be the minimum necessary to provide adequate
service. As such, no application for construction of a local communications
facility shall be approved until the applicant has demonstrated that
there is a need for the facility and that there is no such existing
suitable facility within the service area that could be utilized.
Additionally, if multiple sites for new towers
that meet all other qualifications are available, the site with the
least visual impact should be selected; if only a single qualifying
site is available, the best location on the site that meets all other
standards must be used.
Each applicant for a new telecommunications
tower shall present documentary evidence regarding the need for wireless
antennas within the Township of Chesterfield. This information shall
identify the wireless network layout and coverage areas to demonstrate
the need for such equipment within this Township.
An applicant proposing to erect a new wireless
telecommunications tower shall provide documentary evidence that a
legitimate attempt has been made to locate the antennas on existing
buildings or structures or collocation sites. Such evidence shall
include a radio frequency engineering analysis of the potential suitability
of existing buildings or structures or collocation sites in the search
area for such antennas. Efforts to secure such locations shall be
documented through correspondence between the wireless telecommunications
provider and the property owner(s) of the existing buildings or structures
or collocation sites. The Township reserves the right to engage a
professional radio frequency engineer to review such documentation,
the cost of which engineer shall be paid from escrow funds supplied
by the applicant.
Applicants proposing to construct new telecommunications
towers shall document the locations of all existing and/or proposed
telecommunications towers within the Township of Chesterfield and
surrounding areas with coverage in the Township as well as any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities. Applicants shall provide competent testimony by a radio
frequency engineer regarding the suitability of potential locations
in light of the design of the wireless telecommunications network.
Where a suitable location on an existing tower is found to exist,
but an applicant is unable to secure an agreement to collocate its
equipment on such tower, the applicant shall provide written evidence
of correspondence between the applicant and the owner of such tower
verifying that suitable space is not available on the existing tower(s).
Where an applicant seeking to construct a new tower is not a wireless
service provider, the applicant shall prove that adequate wireless
telecommunications services, sufficient to meet the requirements of
the Federal Telecommunications Act of 1996, as amended, (hereinafter
"FTA") cannot be provided without the proposed tower.
Site location alternative analysis. Each application
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 providers 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 telecommunications
tower relates to the object of providing full wireless communications
services within the Township of Chesterfield area;
How the proposed location of the proposed telecommunications
tower relates to the location of any existing antennas within and
near the Chesterfield Township area;
How the proposed location of the proposed telecommunications
tower relates to the anticipated need for additional antennas within
and near the Chesterfield Township area by the applicant and by other
providers of wireless communications services within the Chesterfield
Township area;
How the proposed location of the proposed telecommunications
tower relates to the objective of collocating the antennas of many
different providers of wireless communications services on the same
wireless telecommunications tower; and
How its plans specifically relate to, and are
coordinated with, the needs of all other providers of wireless communications
service within the Chesterfield Township area.
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, the owners of the towers and antennas governed by this
section 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, in
which case the latter scheduling will control. 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.
Safety standards/building codes. To ensure the structural
integrity of towers, the owner of a telecommunications facility shall
initially provide proof to the Board, and if approval is granted,
shall thereafter continually ensure that it is maintained in compliance
with standards contained in applicable local building codes and the
applicable standards for such telecommunications facilities, as amended
from time to time, and as may be published by the Electronics Industries
Association or such other agency or association having expertise in
the field. Owners of towers shall conduct periodic inspections of
such facilities at least once every year to ensure structural integrity;
said inspection shall be conducted by a qualified independent engineer
licensed to practice in the State of New Jersey, and the results of
such inspection shall be provided, by way of written report, to the
Township Committee of the Township of Chesterfield. Failure to undertake
said inspection and/or provide the Township with the aforementioned
report shall constitute grounds for the removal of the tower or antenna
at the owner's expense and shall terminate the right to use the property
for this purpose.
Tower setbacks. The following setback requirements
shall apply to all telecommunications towers and antennas; provided,
however, that the Planning Board may reduce the standard setback requirements
of the section if the goals of the section would be better served
thereby; and, in the event any of the following provisions conflict
with one another, then the more strenuous and stringent standards
shall apply:
Towers shall meet the setbacks of the underlying
zoning district with the exception of the OP Office Park Districts,
where towers may encroach into the rear setback area, provided that
the rear property line abuts another OP Office Park zoned property
and the tower does not encroach upon any easements.
Towers shall be set back from the planned public
rights-of-way as shown on the most recently adopted Master Street
Plan of the Township by a minimum distance equal to 1 1/2 of
the height of the tower, including all antennas and attachments.
Towers shall not be located between a principal
structure and a public street, with the following exceptions that
on sites adjacent to public streets on all sides, towers may be placed
within a side yard abutting a local street.
For antennas attached to the roof or a supporting
structure on a roof top, a one to one setback ratio (example: ten-foot
high antenna and supporting structure requires ten-foot setback from
edge of roof) shall be maintained unless an alternative placement
is shown to reduce visual impact.
A tower's setback may be reduced, or its location
in relation to the public street varied, at the discretion of the
Board to allow the integration of a tower into an existing or proposed
structure such as a church steeple, light standard, tower line support
device or similar structure.
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 such other requirements, the dimensions
of the entire lot shall control even though the antennas or towers
may be located only on a portion of such lots.
Abandonment. Any telecommunications tower and
equipment which are not operated for wireless communications purposes
for a continuous period of six months shall be considered abandoned,
whether or not the owner or operator intends to make use of it or
any part of it, and shall be removed by the facility owner at its
costs. The owner of a telecommunications tower and the owner of the
property where the facility is located shall be under a duty to remove
the abandoned telecommunications tower. If such antenna and/or tower
is not removed within 60 days of receipt of notice from the Township
notifying the owner of such abandonment, the Township may remove such
tower and/or antenna as set forth below.
If the owner of an abandoned tower or antenna
wishes to use such abandoned tower or antenna, the owner must first
apply for and receive all applicable permits and meet all of the conditions
of this section as if such tower or antenna was a new tower or antenna.
Removal. When an owner of a telecommunications
tower and antenna and accompanying equipment ("facility") who has
been notified to remove same fails to do so within 60 days of receipt
of notice from the Township notifying the owner and/or operator of
such abandonment and the need to remove same, then the Township may
remove such tower and/or antenna and place a lien upon the property
for the cost of removal. If removed by the owner, a demolition permit
shall be obtained and the facility shall be removed. Upon removal,
the site shall be cleaned, restored and revegetated to blend with
the existing surrounding vegetation at the time of abandonment. The
facility owner shall post a bond at the time that a construction permit
is issued for demolition to cover the cost of tower removal and site
restoration. The amount of the bond shall have taken into consideration
any cost escalation that may be reasonably anticipated.
Accessory structures used in direct support
of a telecommunications tower shall be allowed but not be used for
offices, vehicle storage or other outdoor storage. Mobile or immobile
equipment not used in direct support of a telecommunications facility
shall not be stored or parked on the site of the telecommunications
facility.
Monopole construction. When collocation or alternative
tower structures are determined to be unavailable, monopole tower
construction shall be utilized in all cases except where it can be
conclusively demonstrated that a monopole construction is not suitable
for a specific location or application or that a different type pole
is necessary for the collocation of additional antennas on the tower.
In addition to the above, the applicant shall provide any and all
plotting and mapping that it intends to rely upon at the hearing,
and such submission shall be made at least 10 days prior to the public
hearing where the application will first be heard. Without such information,
the application will be deemed incomplete.
Documentation to establish that the tower has
sufficient structural integrity for the proposed use at the proposed
location and meets the minimum safety requirements and margins according
to FCC requirements in their current adopted standards and revisions.
Statement detailing current FCC information
concerning wireless telecommunications towers and radio frequency
admission standards as well as information on the projected power
density of the proposed facility and how it meets the FCC standards.
A letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing rates
and standard terms. The letter of commitment shall be recorded prior
to the issuance of any building permits. The letter shall commit the
tower owner and his successors in interest to this obligation.
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 of the site
shall be submitted at the time of the application.
Visual impact study. 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 five locations around and within one mile of the proposed
wireless telecommunications tower where the wireless telecommunications
tower will be most visible, shall be submitted. Aerial photographs
of the impact area shall also be submitted. In addition, at least
10 days prior to the date scheduled for the public hearing on the
application, the applicant shall arrange for the flotation of a device,
such as a balloon or other object, to be "floated" or located at fixed
point which equals the height of the proposed tower and/or equipment
facilities. The balloon and/or similar object shall be of such size
that it is easily visible from a ground distance of 1/2 mile, measured
by way of radius from the center of the proposed tower or communications
facility. The balloon or other object shall be kept at this location
through the conclusion of the hearing.
Design requirements. Telecommunications towers shall
be of a monopole design unless the Board determines that an alternative
design would better blend into the surrounding environment or is necessary
for the collocation of additional antennas on the tower.
Aesthetics. Whether collocating on an existing tower,
structure or the like or constructing a new tower in accordance with
the provisions of this chapter, the design of the buildings and related
structures used for the applicant's use at the site shall, to the
extent possible, use materials, colors, textures, screening and landscaping
that will blend the tower and related facilities to the natural setting
and built environment. The towers themselves shall be of a color appropriate
to the tower's locational context so as to make it as unobtrusive
as possible unless otherwise required by the FAA. To the extent that
any local communications facility or its supporting new tower extend
above the height of the vegetation immediately surrounding it, they
shall be painted in a light gray or light blue hue which blends with
the sky.
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 buffer reflects and complements
the architectural character of the surrounding neighborhood. A landscape
plan shall be submitted for review of proposed screening.
Landscaping shall be provided along the perimeter
of a security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setbacks shall be landscaped. Existing on-site vegetation shall be
preserved or improved, and disturbance of existing topography shall
be minimized unless such disturbance would result in less visual impact
of the site to the surrounding area. Any access road to the local
communications facility shall be landscaped or be oriented in such
a way as to preclude a direct view of the facility from a public venue.
The lower portions of local communications facilities
which will be located adjacent to residential zones, recreational
areas or public roads shall be partially screened at ground level
from public view in the following manner:
One or more rows of evergreen trees, at least
six feet to eight feet in height when planted and capable of forming
a continuous hedge at least 15 feet in height within five years of
planting, shall be spaced not more than seven feet apart around all
lattice towers and any monopole more than 50 feet tall.
Adjacent to residential zones and recreational
areas, an additional row of deciduous trees no less than 1 1/2
inches in diameter measured three feet above grade and spaced not
more than 20 feet apart shall be planted around the evergreen trees.
Equipment buildings and compounds 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
No lighting is permitted on a wireless telecommunications
tower except lighting that specifically is required by the 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.
Height. The antenna and any supporting structure shall
not exceed 200 feet in height, but if a lesser height is proposed,
it shall be designed so that its height can be increased to 200 feet
in order to accommodate other local communications facilities in the
future.
Signs and advertising. No advertising is permitted
on a telecommunications tower or accompanying facilities. Only signs
for warning or equipment information shall be permitted on any portion
of a tower or equipment building.
Fencing and other security devices. Telecommunications
towers and equipment buildings in compounds shall be surrounded with
a security feature, including an appropriate anti-climbing device
or other similar protective device to prevent unauthorized access
to the telecommunications facilities, and shall be further surrounded
with a security fence. Additional safety devices shall be permitted
or required as needed and as approved by the Board as may be necessary.
Noise. No equipment shall be operated so as to produce
noise in excess of limits set by the Township's Noise Ordinance except
in emergency situations requiring the use of a backup generator.
The FTA gives the FCC sole jurisdiction over
the field of regulation of radio frequency (RF) emission, and telecommunications
towers that meet the FCC standards shall not be conditioned or denied
on the basis of RF impacts. Applicants shall provide current FCC information
concerning wireless telecommunications towers and radio frequency
emissions standards. Applicants for telecommunications towers shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurement
of the noise and the RF emissions from the local communications facility.
Such measurements shall be made by a qualified technician, who shall
certify that the measurements are within applicable limits.
Preapplication conference. Early consultation
by applicants with municipal officials is encouraged so that all information
necessary for an informed decision is submitted and delays are avoided.
As such, prior to submission of a development application for approval
of a local communications facility in accordance with this section,
the applicant may request to convene with the appropriate board at
a public meeting in order to discuss the proposed facility in general
terms and to clarify the filing requirements. Upon receipt of a written
request for a preapplication conference, the board will meet with
the applicant at the next regularly scheduled meeting of the board
for which adequate public notice can be provided. While there are
no formal filing requirements for this conference, the applicant is
encouraged to prepare sufficient preliminary architectural and engineering
drawings to inform the board of the general location and likely scale
and design of the facility. Failure to request such a conference will
not prejudice any subsequent consideration of a formal application
by the board.
Site plan approval by the appropriate board
shall be required before any new local communications facility may
be erected. The following information shall be submitted to the appropriate
board for its review:
A scaled site plan clearly indicating the location
(including street address and block/lot), type, method of construction
and height of any proposed tower and any accessory structure(s); on-site
land uses and zoning; contour lines at no greater than five-foot intervals
AMSL; existing structures; land uses and zoning within 1 1/2
times the height of the proposed tower but no less than 200 feet (including
adjacent municipalities); any roads within 1 1/2 times the height
of the proposed tower but no less than 200 feet; proposed means of
access; limits of clearing; and setbacks from property lines;
A map showing the location of all other local
communications facility towers and other structures, existing and
proposed, within the municipality as well as outside of the municipality
within a twenty-mile radius. The applicant shall also identify the
height and type of construction of all such structures;
An assessment of the suitability of the use
of existing towers or other structures within the search area to accommodate
the local communications facility in lieu of a tower if a tower is
proposed;
An assessment of the suitability of the site
to accommodate additional equipment sheds and similar needs of other
wireless providers who may wish to collocate on the proposed facility;
Written confirmation from any other wireless
providers who have expressed a desire to collocate on the proposed
facility (either by inclusion of the site in a Pinelands certified
plan or at any public meeting on the application) that the selected
site meets their operational needs and space requirements for equipment
sheds and the like;
Computer simulation models, photographic juxtaposition
or a similar technique shall be submitted in support of the application
to show how the facility will appear on the site and will be used
by the appropriate board in determining conformance with the visual
impact standards of this section;
In the event that co-location is found not to
be feasible, a written statement of the reasons for the unfeasibility
shall be submitted to the Township, in writing, as least 10 days prior
to the hearing.
In any application, the Township may retain a technical expert in
the field of RF engineering to verify if co-location at a site is
not feasible or is feasible given the design configuration most accommodating
to the co-location or that a new tower has less visual or other impact
at an alternative site. The cost for such a technical expert will
be at the expense of the applicant through the escrow fund.
Any person who attempts to erect or erects a telecommunications
tower or antennas covered by this article without having first obtained
the necessary approvals, variances or building permits in the manner
provided in this article, shall be deemed in violation of this article.
Any responsible party or other persons convicted by a court of competent
jurisdiction or violating any provision of this article shall be punished
by a fine not to exceed $1,000 or by imprisonment not to exceed 90
days or by a sentence of community service not to exceed 90 days.
If any structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained in violation of this article
or without obtaining the required approvals or permits, or if any
building, structure or land is used in violation of this article,
the Township Solicitor, in addition to any other remedies, may institute
proceedings to prevent such unlawful erection, construction, reconstruction,
alteration, conversion, maintenance or use or to correct or abate
such violations. Each and every day that such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use continues
shall be deemed a separate offense. In the event that the Township
is successful in securing the judicial relief requested, then the
owner and operator of the telecommunications tower shall be jointly
and severally liable for the reasonable costs and attorneys fees incurred
by the Township in the course of said action.