[Amended 2-23-2010 by Ord. No. 3845]
It is the overall purpose of the provisions of this article
to provide specific zoning conditions, standards and limitations for
the location, approval and operation of antennas which are used for
the transmission and reception of wave frequencies for the purposes
of any wireless communication (e.g., telephone, radio, internet, paging
and/or television communication) within the Township of Franklin,
which recognize the need to safeguard the public good and preserve
the intent and the purposes of the Franklin Township Master Plan and
Zone Plan.
The overall objective of the provisions of this article is to
enable the location within the Township of Franklin of those antennas
which are necessary to provide adequate wireless communication services
while, at the same time, limiting the number of supporting towers
to the fewest possible.
The specific goals shall be as follows:
A.
To minimize the total number of wireless communication towers within
the Township of Franklin;
B.
To limit the impact of wireless communications antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Township of Franklin;
C.
To safeguard the prevailing and historic character of development
throughout the Township of Franklin, with particular emphasis to maintaining
the prevailing character of the historic districts and sites throughout
the Township;
D.
To encourage the location of antennas upon, or within, existing structures,
including existing wireless communication towers, existing buildings,
existing water towers or standpipes, and existing telephone and electric
poles and towers;
E.
To encourage as many antennas as possible, of as many of the wireless
communication carriers as possible, to be co-located on the fewest
number of existing structures within the Township of Franklin;
F.
To discourage the construction of new towers which do not have the
likelihood of being used by a number of wireless communication carriers;
G.
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and vistas through careful design,
siting, landscape screening and innovative camouflaging techniques;
H.
To formulate and maintain, for land use planning purposes, a complete
inventory of all wireless communications antennas, towers and related
facilities within the Township of Franklin, and others in the vicinity
of the Township, which are capable of providing service within the
Township;
I.
To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these provisions to
provide such services quickly, effectively and efficiently; and
J.
To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. § 332 (c)(7), which preserves local government
authority to enforce zoning requirements which protect public safety,
public and private property and community aesthetics.
A.
These article provisions shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
only by a federally licensed amateur radio station operator or is
used exclusively to receive transmissions;
B.
These provisions shall not govern any parabolic satellite antennas.
A.
Applications requiring TRC review and approval.
(1)
Notwithstanding any provision of this Chapter 112 to the contrary, in the following instances the placement of wireless communication antennas shall only require review and approval by the Technical Review Committee (TRC) and shall be considered a permitted use in the subject zoning district and therefore shall not require conditional use approval, nor shall any variance be required in accordance with N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-70d of the Municipal Land Use Law:
[Amended 3-27-2013 by Ord. No. 4010-13]
(a)
Co-location of wireless communication antennas on any wireless
communication structure approved by the Planning Board or Zoning Board
of Adjustment, including the placement and/or replacement of antennas
and/or wireless communication equipment on such structure or site;
or
(b)
Placement or replacement of antennas and/or wireless communication
equipment on or within any of the structures listed below:
[1]
43 Old Georgetown Road, lattice tower.
[2]
281 Cedar Grove Lane, monopole tower.
[3]
275 Davidson Avenue, "The Tower" Building.
[4]
Route 27 (near Finnegans), monopole tower.
[5]
78 Veronica Avenue, lattice tower.
[6]
Hamilton and Veronica, monopole tower.
[7]
575 Easton Avenue, "Harrison Towers" Building.
[8]
8 Davidson Avenue, "Marriott" Building.
[9]
Off Randolph Road, Elizabethtown water tank.
[10]
Bennetts Lane (near Middlebush), power line towers.
[11]
Grouser and Van Cleef, power line towers.
[12]
Route 27 (near Cortelyous), power line towers.
[13]
East Millstone (Grouser), power line towers.
(2)
No construction permit shall be issued by the Township Construction
Official for such applications until he or she is in receipt of plans
approved by the TRC; and
(3)
No proposed telecommunications antenna shall extend above an existing building, existing water tower or existing high-tension power line tower unless it is demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate, unless the TRC is presented a satisfactory structural report per § 112-59E, and, in the case of mounting on an existing high-tension power line tower, unless satisfactory evidence is provided from the owner of the transmission tower that it will not allow "side mounting" for safety reasons. The maximum permitted height increase in any such instance shall be 10 feet. In no case shall such an application involve an increase in the height of an existing telecommunication tower.
(4)
The TRC may require modifications to any such application as necessary,
in its judgment, to ensure consistency with the goals and requirements
of this article. Such modifications may include but are not necessarily
limited to: alternative placement of antennas and ancillary equipment;
screening, camouflaging and/or landscaping of antennas and ancillary
equipment; and site-plan-related matters regarding the installation
of the proposed antennas and ancillary equipment.
B.
Applications requiring Township Council review and approval. Notwithstanding any provision of this Chapter 112 to the contrary, the placement of wireless communication support towers, antennas and related equipment on lands owned by the Township of Franklin shall require review and approval of the Township Council and shall be considered a permitted use in the subject zoning district and therefore shall not require conditional use approval; nor shall any variance be required in accordance with N.J.S.A. 40:55D-70c or 40:55D-70d of the Municipal Land Use Law.
(1)
The subject land owned by the Township of Franklin shall be approved
by the Franklin Township Council for the location of a tower or antennas
in consideration of existing site conditions and surrounding land
uses;
(2)
If approved by the Franklin Township Council, the decided-upon area
shall be subject to a lease agreement between the applicant and the
Township of Franklin;
(3)
The lease agreement shall have a detailed plan of the proposed tower
or antennas attached to the agreement, which detailed plan shall be
reviewed for the Township Council by the TRC. TRC review shall take
place after the bid has been awarded but prior to finalization of
the lease agreement. The TRC shall complete its review of the plan
within 45 days of its receipt.
(4)
The detailed plan attached to the lease agreement shall have been approved by the Township Council and shall include the information required by § 112-59.
(5)
The height of any proposed new supporting tower or antennas shall
not exceed 150 feet unless it can be demonstrated by the applicant,
to the satisfaction of the Township Council, that a higher height
is necessary for the proposed installation of the antenna(s) to satisfactorily
operate.
(7)
Replacement of existing wireless telecommunication antennas and/or equipment antennas on wireless telecommunication facilities located on Township-owned land shall be approved by the Township Technical Review Committee, subject to the applicable requirements of § 112-58A.
[Added 3-27-2013 by Ord. No. 4010-13]
C.
Applications requiring Planning Board review and approval. All other
applications for wireless communication towers or antennas, in the
zones where permitted as conditional uses, shall be subject to the
review and approval of the Planning Board. Such towers and antennas
shall be subject to the following conditional use standards:
(1)
Excepting for any access driveway into the property, any required
landscaping and any underground utility lines reviewed and approved
by the Board as part of the site plan submission, a tower shall be
set back from all lot lines a distance equal to at least twice the
height of the tower. Ground-mounted equipment shall be subject to
the principal building setback of the zone, provided that, in any
case, no building, equipment, structure and/or land disturbance shall
be located within 500 feet of any historic district or site as duly
designated by Franklin Township, the State of New Jersey and/or by
the federal government.
(2)
Roof-mounted antennas and related equipment on existing structures
shall be subject to the setback of the zone, plus the height of the
antennas if, and to the extent, they extend above the permitted building
height of the zone. Ground-mounted equipment shall be subject to the
principal building setback of the zone. Antennas mounted to the side
of a building shall only be mounted to a building that meets the principal
building setback of the zone and shall only be flush-mounted.
(3)
Any proposed tower shall be a monopole, except if the Board deems an alternative design more appropriate in accordance with § 112-58C(6).
(4)
No tower shall be located to be visible from any historic district
or site as duly designated by Franklin Township, the State of New
Jersey and/or by the federal government.
(5)
To the extent possible, any new tower shall be located behind existing
buildings and/or natural topographic elevations in order to screen
the tower's base from being visible from adjacent properties and from
any street right-of-way.
(6)
All new towers shall be camouflaged (e.g., housed in a silo, church
steeple, bell tower, etc., or made to look like a tree or an oversized
flagpole) as may be appropriate in the context of the visibility of
the tower from different vantage points throughout the Township and
the existing land uses and vegetation in the vicinity of the subject
site.
(7)
The height of any proposed new supporting tower shall be the minimum
necessary to provide adequate service, but in no case shall exceed
150 feet.
(8)
All cables shall be installed within underground conduits.
(9)
No signage is permitted except the minimum necessary warning and/or
equipment information signs deemed necessary for safety purposes and
are specifically approved by the Planning Board.
(10)
No lighting is permitted on a tower 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.
To the degree permissible by applicable FAA standards, all lights
shall be intermittent. The applicant shall provide to the board of
jurisdiction all applicable FAA standards regarding lighting that
may apply to a proposed tower.
(11)
Individual cabinets for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following criteria:
(a)
All the required electronic equipment for all anticipated communication
carriers shall be housed within a building or buildings not more than
20 feet in height and which shall be of a design appropriate to the
setting. Such building shall be no more than 300 square feet in area
per provider.
(b)
No electronic equipment shall interfere with any public safety
communications.
(c)
All of the electronic equipment shall be automated so that,
to the greatest extent possible, the need for on-site maintenance
and the commensurate need for vehicular trips to and from the site
will be minimized.
(d)
The building may have one light at the entrance to the building,
provided that the light is attached to the building, is focused downward
and is switched so that the light is turned on only when workers are
at the building.
(12)
Between the location of the tower and the building enclosing
related electronic equipment and any public street or residential
dwelling unit or residential zoning district within view of the tower,
and the building, landscaping shall be provided in accordance with
the following:
(a)
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower, particularly at its base
and to enhance the appearance of the building from the surrounding
residential properties and any public street;
(b)
When required by the Board, the landscaping plan shall be prepared
by a certified landscape architect who may be required to present
testimony to the board of jurisdiction regarding the adequacy of the
plan to screen the tower from view and to enhance the appearance of
the building; and
(c)
Any newly planted evergreen trees shall be at least eight feet
high at time of planting, and any newly planted deciduous trees shall
be a minimum caliper of two inches at time of planting. Such planting
shall be spaced in a manner that provides solid screening at the time
of planting.
Applications for wireless communication towers or antennas requiring Township Council review and approval, applications requiring Planning Board review and approval and applications submitted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d shall submit all of the information identified below in order to be deemed complete. Applications requiring TRC review and approval shall submit the information specified in § 112-59A, E, F, G and shall provide photo simulations from two vantage points.
A.
Site plan. In order to be declared complete, the application shall
include all of the applicable documentation and items of information
required for preliminary and final major site plans specified in this
chapter.
B.
Comprehensive plan. In order to be declared complete, the application
shall include an overall comprehensive plan in accordance with the
following:
(1)
In order to effectuate the purposes, objective and goals of this
article as noted hereinabove, any applicant to the Township of Franklin
for approval to erect a new wireless communication tower or wireless
communication antennas shall provide threshold evidence that the proposed
location of the proposed tower or antennas has been planned to result
in the fewest number of wireless communication tower or antenna locations
within the Township of Franklin at the time full service is provided
by the applicant throughout the Township.
(2)
Therefore, the applicant shall provide an overall comprehensive plan
indicating how it intends to provide full service throughout the Township
of Franklin and, to the greatest extent reasonably possible, shall
indicate how its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within and around the Township. More specifically, the overall comprehensive
plan shall indicate the following, and this information shall be provided
at the time of the initial submission of the application in order
for the application to be deemed complete and be scheduled for a public
hearing:
(a)
The mapped location and written description of all existing
and approved supporting towers and wireless communication antennas
within one mile of the subject site, both within and outside of Franklin
Township;
(b)
The mapped location and written description of all existing
or approved water towers and existing high-tension power line towers
within one mile of the subject site, both within and outside of Franklin
Township;
(c)
Why the proposed antennas could not be located on any existing
structures within one mile of the subject site;
(d)
How the proposed location of the proposed antennas specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Township of Franklin by the applicant
and by other providers of wireless communication services within the
Township;
(e)
How the proposed location of the proposed antennas specifically
relates to the objective of collocating the antennas of many different
providers of wireless communication services on a single supporting
structure; and
(f)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing full wireless communication
services within the Township of Franklin while, at the same time,
limiting the number of towers to the fewest possible, including alternate
technologies which do not require the use of towers or require towers
of a lesser height.
C.
Conditional use standards conformance. In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the conditional use standards enumerated in § 112-58C hereinabove, and any deviation from any of the standards shall be addressed in writing by the applicant at the time the application is first submitted.
D.
Visual impact assessment. During the public hearing process, the
Board may require the applicant to schedule the time for a crane or
balloon test in order to provide the members of the board of jurisdiction
and the general public the opportunity to view a crane or balloon
at the location and height of the proposed tower. A visual impact
analysis shall be prepared by the applicant, submitted prior to being
deemed complete, and presented to the board of jurisdiction, graphically
simulating the appearance of the proposed tower, with at least three
antenna arrays attached thereto and from at least five locations selected
in consultation with the Director of Planning around and within one
mile of any proposed tower where the tower will be most visible.
E.
Structural integrity. Documentation by a qualified expert that the
proposed installation 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 Telecommunication
Industry Association (TIA) have been met;
F.
Co-location. A letter of intent by the applicant, in a form which
is reviewed and approved by the Board Attorney, indicating that the
applicant will share the use of any tower with other approved wireless
communication services at reasonable rates which shall be economically
viable; and
G.
Removal guarantee. The applicant (and the landowner in the instance
of a leased property) shall provide a performance bond and/or other
assurances satisfactory to the board of jurisdiction, in a form approved
by the Township Attorney, that will provide for the removal of the
antennas, any supporting tower, the electric equipment cabinets, any
building enclosing the electronic equipment cabinets, and all other
related improvements, at no cost to the Township, when the antennas
are no longer operative. Any wireless communication antenna facility
not used for its intended and approved purpose for a period of six
months shall be considered no longer operative and shall be removed
by the responsible party within 60 days thereof.
H.
Additional expert review. In addition to its normal professional
staff, given the technical and specialized nature of the testimony
by the applicant's radio frequency expert(s), the board of jurisdiction
may hire its own radio frequency expert to review and comment upon
the testimony presented by the applicant. Additionally, based upon
other testimony presented by the applicant, the board of jurisdiction
may hire other experts with specialized areas of expertise if deemed
necessary.
