[Added 12-8-1998 by Ord. No. 98-42]
As used in this article, the following terms
shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
Lines that connect a providers' towers/cell sites to one
or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as "conditional uses" in accordance with the specific zoning conditions and standards for their location and operation within this Article VIII. For the purposes of this chapter "cellular antennas," as referred to in the 1996 Federal Telecommunications Act, shall not be considered to be a public utility.
The Federal Aviation Administration.
The Federal Communications Commission.
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
Federal Telecommunications Act of 1996 and amendments or
modifications which may be made thereto.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self supporting
lattice towers, guy towers or monopole towers. The term includes radio
and television transmission towers, microwave towers, common carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
A fenced in area which houses any combination of wireless
telecommunications structures, buildings, antennas, equipment, and/or
towers.
Buildings and/or structures and equipment for the delivery
of wireless telecommunications, except for satellite dish antennas.
Wireless telecommunications tower means a vertical structure used
for wireless telecommunications antennas.
It is the purpose of these article provisions
to provide specific zoning conditions and standards for the location
and operation of cellular antennas for telephone, radio, paging and
other personal wireless communication services and/or telecommunications
within the Township of Hillsborough which, while acknowledging that,
at times, there may be inherent benefits derived from the construction
and operation of such antennas, also recognized, is the need to safeguard
the public good and preserve the intent and the purposes of the Hillsborough
Township Zone Plan. This article seeks to meet the mandate of the
Telecommunications Act of 1996, while at the same time limiting the
proliferation of wireless telecommunications towers.
The overall objective of these article provisions
is to enable the location within Hillsborough Township of those antennas
and/or towers which have been determined by the Telecommunications
Act to be necessary and protected so as to provide full and seamless
communication services while, at the same time, limiting the number
of supporting towers to the extent reasonably practicable. Therefore,
since the Telecommunications Act has recognized that service carriers
have the right to provide cellular communication service within the
Township of Hillsborough, it also is an objective of these article
provisions that many of the different carriers locate their antennas
on the same tower in order to limit the overall number of towers within
the Township to the extent reasonably practicable.
A.
Notwithstanding anything in Chapter 188 to the contrary, the installation of wireless telecommunications structures, antennas, equipment and/or towers and their respective locations shall be a conditional use in the following zoning districts of the Township: EDZ District (Economic Development District), GI District (General Industrial District), LI District (Light Industrial District), I-2 and I-3 Districts (Light Industrial Districts), M and Q Districts (Mining and Quarry Districts) and O-2 Districts (Office Districts). They are prohibited in all other zoning districts.
[Amended 6-23-2009 by Ord. No. 2009-23]
B.
The installation of wireless telecommunication service
shall also be prohibited on any school property, parks and playgrounds,
recreations facilities or land dedicated as Green Acres, irrespective
of whatever zoning district they are in.
C.
Nothing within this article shall be deemed to apply
to municipal towers.
A.
The maximum height of any proposed cellular antenna
and any proposed new cellular tower shall be demonstrated by the applicant
to be the minimum height necessary for the proposed installation to
satisfactorily operate, but in no event in excess of the following
standards for height, exclusive of lightning rods:
B.
All tower footings shall be designed to permit future
extensions to a maximum height of 150 feet.
If needed, in accordance with an overall comprehensive
plan for the provision of full cellular communication services within
the Township utilizing the fewest number of towers to the extent reasonably
practicable, cellular antennas and wireless telecommunications structures,
antennas, equipment and/or towers shall be permitted as conditional
uses at the following prioritized locations:
A.
The first priority location shall be an existing tower, building, silo, steeple or structure or any existing or proposed water tower or water stand pipe within or near the Township of Hillsborough in the zoning districts delineated in § 188-146.
B.
The second priority location shall be on lands owned
by the Township of Hillsborough in the following zoning districts
within the Township in order of priority:
C.
The third priority location shall be on lands within
the Township of Hillsborough not owned by the Township zoned as follows
in order of priority:
A.
If the proposed antennas will be attached to an existing
tower or to an existing water tower or water stand pipe or other structure
or building, no land area shall be required in addition to the land
area upon which the existing structure or equipment is situated; or
B.
If the proposed antennas and supporting tower will be on lands within the nonresidential zoning districts recited in § 188-148 and owned by Hillsborough Township, the land area required shall be approved by the Planning Board with consideration given to existing site conditions and surrounding land uses and shall be subject to a lease agreement between the applicant and the Township of Hillsborough.
C.
If the proposed antennas and proposed new supporting
tower will be on land within the Township of Hillsborough zoned M
and Q, I-2 and I-3, GI, O2, or EDZ, the following minimum bulk requirements
shall be met:
(1)
The proposed antennas and proposed supporting
tower and ancillary building enclosing related electronic equipment
shall be located on a lot size in accordance with the following formula:
(2)
Excepting for any access driveway into the property,
any required landscaping and any underground utility lines reviewed
and approved by the Planning Board as part of the site plan submission,
no building, structure and/or disturbance of land shall be permitted:
(a)
Within a 200 foot setback distance from any
street line or any other existing or proposed property line.
(b)
Within a distance of 1,000 feet from the property
line of any existing residence.
(c)
Within a distance closer than one mile from
another tower.
(d)
Within a distance closer than 2,000 feet from
a public school.
(3)
All utilities serving the site shall be underground
where reasonably practicable.
(4)
A wireless telecommunications equipment compound
shall be unoccupied other than purposes of repair, maintenance and/or
construction.
In order to provide evidence that the proposed
location of the proposed wireless telecommunications structures, antennas,
equipment and/or towers have been planned to result in the fewest
number of tower locations within Hillsborough Township at the time
full service is provided by the applicant throughout the Township,
the applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service throughout the Township of
Hillsborough and, to the extent reasonably practicable, shall indicate
how its plan specifically relates to and is coordinated with the needs
of all other providers of cellular communications services within
the Township of Hillsborough. Essentially and summarily, the overall
comprehensive plan shall indicate the following:
A.
Documentary evidence regarding the need for new wireless
telecommunications antennas within the Township with due consideration
given to the Township population. This information shall identify
the wireless network layout and coverage area to demonstrate the need
for new equipment at a specific location within the Township as well
as future plans for applicant's expansion to the extent reasonably
foreseeable.
B.
Documentary evidence that a legitimate attempt has
been made to locate the antennas on existing buildings or structures.
Such evidence shall include a radio frequency engineering analysis
of the potential suitability of existing buildings or structures 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 of the existing buildings or structures
and statements under oath by the applicant.
C.
Document the locations of all existing communication towers and/or antennas within Hillsborough Township and surrounding areas with coverage in the Township and shall provide competent testimony by a radio frequency expert 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 in the zoning districts delineated in § 188-146, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide credible written evidence of correspondence with the owner of such tower or statements under oath verifying that suitable space is not available on the existing tower.
D.
Explain how the proposed location of the proposed
antennas relates geographically to the location of any existing towers
within and near the Township of Hillsborough.
E.
Explain how the proposed location of the proposed
antennas relates to the anticipated need for additional antennas and
supporting towers within and near the Township of Hillsborough by
the applicant and by other providers of cellular communication services
within the Township to the extent such information is not proprietary
and can be obtained with reasonable effort.
F.
Explain how the proposed location of the proposed
antennas relates to the objective of collating the antennas of many
different providers of cellular communication services on the same
tower.
G.
Explain how the proposed location of the proposed
antennas relates to the overall objective of providing full cellular
communication services within the Township while, at the same time,
limiting the number of towers to the extent reasonably practicable.
A.
Wireless telecommunications antennas may be erected on existing buildings or structures and a wireless telecommunications compound may be constructed in support of such antennas within the zoning districts delineated in § 188-146 consistent with the following requirements:
(1)
Antenna arrays may be mounted on such existing
buildings or structures, but shall not extend beyond the overall height
of any such building or structure by more than 10 feet or 10% of the
height of the building or structure whichever is less up to a total
maximum height of 150 feet.
(2)
The wireless telecommunications equipment compound
shall be enclosed within a fence at least seven feet and no more than
eight feet high as approved by the Township Engineer which shall include
a locking security gate.
(3)
A wireless telecommunications equipment compound
consisting of no more than 900 square feet may be erected in support
of such antenna arrays provided:
(a)
It is situated behind existing structures, buildings
or terrain features which shall shield the wireless telecommunications
equipment compound from public view; or
(b)
When a location out of public view is not reasonably
practicable, a landscape buffer of 20 feet in width shall be provided
outside the fence around the wireless telecommunications equipment
compound to shield the facility from public view. Landscaping shall
include native evergreen and deciduous trees at least eight feet high
at the time of planting and the number of trees shall be based on
the equivalent of staggered double rows at 10 feet on center.
B.
Antennas installed according to these provisions shall
be suitably finished and/or painted so as to minimize their visual
impact on the landscape. Depending on the placement of this equipment,
color shall be selected to be consistent with the color scheme of
the building or structure on which they are mounted, in order to blend
with their surroundings. When this is not reasonable or practicable,
color selection shall be designed to minimize the visual impact of
the antenna arrays.
C.
Where new wireless telecommunications towers or other
antennas support structures are proposed, stealth designs where reasonably
practicable shall be employed to camouflage their appearance, such
as bell towers, silos, artificial trees and similar treatments. The
degree and nature of such stealth designs shall depend upon the specifics
of the site involved so as to provide the most appropriate designs
under the circumstances presented.
D.
The NJDEP noise regulation (N.J.A.C. 7:29) limits
the A-weighted sound levels produced by a commercial facility when
measured at a property line. A-weighting is a standardized sound level
meter setting having a frequency characteristic similar to the human
ear/brain sensitivity and, therefore, provides an overall sound level
measurement which correlates with how people perceive noise. The following
levels are applicable:
(1)
Daytime regulation: (7:00 a.m. to 10:00 p.m.)
|
31.5
96
|
63
82
|
125
74
|
250
67
|
500
63
|
1,000
60
|
2,000
57
|
4,000
55
|
8,000
53
| |
|---|---|---|---|---|---|---|---|---|---|
|
Sound Pressure
Level
| |||||||||
(2)
Nighttime regulation: (10:00 p.m. to 7:00 a.m.)
|
31.5
86
|
63
71
|
125
61
|
250
53
|
500
48
|
1,000
45
|
2,000
42
|
4,000
40
|
8,000
38
| |
|---|---|---|---|---|---|---|---|---|---|
|
Sound Pressure
Level
| |||||||||
(3)
The NJDEP noise regulation limits the peak sound
pressure levels of an impulsive sound when measured at a residential
property line, to 80 decibels during all hours of the day.
A.
Any proposed building enclosing related electronic
equipment shall not be more than 15 feet in height nor more than 400
square feet in area and only one such building shall be permitted
on the lot for each provider of cellular communications services located
on the site.
B.
Any proposed new tower shall be a monopole unless
the applicant can demonstrate and the Planning Board agrees, that
a different type pole is necessary for the collocation of additional
antennas on the tower.
C.
No antenna shall be located on any tower in order
to provide noncellular telephone service; such service shall be provided
via existing telephone lines if available to the site, or by the underground
extension of telephone lines to the site if necessary.
D.
All proposed antennas, any proposed new tower and
any proposed building enclosing related electronic equipment shall
be colored to best blend with the surroundings, including any site
vistas.
E.
Other than typical "warning," "emergency" and equipment
information signs, no signs are permitted. Emergency signs shall be
on plates attached to the tower or building and shall not exceed two
square feet.
F.
No lighting is permitted, except as follows, which
shall be subject to review and approval by the Planning Board as part
of the site plan application:
(1)
The building enclosing electronic equipment
may have one light at the entrance of 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. This shall be exclusive of lights equipped with motion detectors.
To the extent these requirements are inconsistent with BOCA requirements,
the BOCA requirements shall apply; and
(2)
No lighting is permitted on a tower except lighting
that is specifically as required by the FAA and any such required
lighting shall be focused and shielded to the greatest extent possible
so as not to project toward adjacent and nearby properties.
G.
No cellular antenna and/or its related electronic
equipment shall interfere with any public safety communications subject
to FCC rules and regulations.
H.
All equipment shall be designed and automated to the
greatest extent possible in order to reduce the need for on-site maintenance
and thereby, minimize the need for vehicular trips to and from the
site.
I.
Minimal off-street parking shall be permitted as needed
and as approved by the appropriate Board having jurisdiction.
J.
All towers shall be designed with anti-climbing devises in order to prevent unauthorized access. Additionally, any tower supporting the cellular antennas and any building enclosing related electronic equipment shall be surrounded by a fence between seven feet and eight feet high. The fence shall be bordered by a landscape buffer pursuant to § 188-151A(3)(b).
K.
Additional safety devices shall be permitted as needed
and as approved by the appropriate Board having jurisdiction.
L.
Between any existing or zoned residential property
bordering the proposed lot and the location of any proposed new tower
or any proposed building enclosing related electronic equipment, a
landscaped buffer at least 20 feet deep shall be provided in accordance
with the following:
(1)
The landscaped buffer shall consist of a combination
of existing and/or newly planted evergreen and deciduous trees of
sufficient density to screen the view of the tower and building from
the surrounding properties to the maximum extent possible.
(2)
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 2 1/2 inches to three inches
at time of planting.
M.
Towers and antennas shall meet the following requirements:
(1)
Towers shall be subject to any applicable standards
of the FAA and, to the extent reasonably practicable, be painted a
neutral color so as to reduce visual obtrusiveness.
(2)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings.
(3)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color such as sky blue that is identical
to, or closely compatible with, the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as reasonably practicable.
A.
Wireless telecommunications structures, antennas,
equipment and/or towers and cellular antennas for telephone, radio,
paging and/or television communication shall require major site plan
review and approval in accordance with the various sections of this
chapter.
B.
In addition to the applicable documentation and items of information required for major site plan approval contained in this Chapter 188 and on the related checklist, the following additional documentation and items of information specific to wireless telecommunications are required to be submitted to the Board of Adjustment or Planning Board, as appropriate, for review and approval as part of the site plan submission:
(1)
Documentation by a qualified professional engineer
expert in structural engineering regarding the capacity of the proposed
tower for the number and type of antennas.
(2)
Documentation by a qualified professional engineer
expert in structural engineering that any proposed tower will have
sufficient structural integrity to support the proposed antennas and
the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industry Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met.
(3)
A letter of intent by the applicant in a form
which is reviewed and approved by the Township Planning Board Attorney
or Zoning Board of Adjustment Attorney indicating that the applicant
will share the use of any tower with other approved cellular communication
services and that the cost to achieve collocation to other carriers
shall not exceed fair market value. This collocation requirement shall
be a condition of approval.
(4)
A visual site distance analysis using balloon
testing and a composite image, graphically simulating the appearance
of any proposed tower and indicating its view from at least the five
locations around and within one mile of the proposed tower where the
tower will be most visible.
C.
An environmental assessment or inventory study in accordance with Chapter 160 of the Township Municipal Code shall be required. Proof that the applicant meets FCC standards as to radiation emissions shall also be required.
D.
A report from a qualified expert containing the following:
(1)
A description of the tower and the technical
and other reasons for the tower design and height.
(2)
Documentation by a professional engineer to
establish that the tower has sufficient structural integrity for the
proposed uses of the proposed location and meets the minimum safety
requirement margins according to FCC requirements and their current
adopted revision as well as BOCA requirements.
(3)
The general capacity, of the tower in terms
of the number and type of antenna it is designed to accommodate.
E.
A letter of commitment pursuant to § 188-153B(3) 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 issuance of a building permit. This letter shall commit the tower owner and successors in interest.
F.
Elevations of the proposed tower and accessory building
generally depicting all proposed antennas, platforms, finish materials
and all other accessory equipment.
G.
A copy of the lease or deed for the property, redacted
so as to protect the lessor and lessee proprietary and confidentiality
interests.
H.
The site plan shall also provide the following information:
(1)
Legal description of the parent tract and lease
parcel.
(2)
The setback distance between the proposed tower
and the nearest residential unit, planed residentially zoned properties
and unplatted residentially zoned properties.
(3)
The separation distance from other towers described
in the inventory of existing sites submitted. The applicant shall
also identify the type of construction of the existing tower and owner/operator
of the existing tower if known.
(4)
A landscape plan showing specific landscape
materials.
(5)
Method of fencing and finished color and, if
applicable, the method of camouflage and illumination.
(6)
Identification of the entities providing the
backhaul network for the tower described in the application and other
cellular sites owned or operated by the applicant in the municipality
and surrounding competitor sites, to the extent reasonably obtainable.
(7)
A description of the suitability of the use
of existing towers, other structures or alternative technology not
requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
Operators of wireless telecommunications towers
shall provide to Hillsborough Township a report every three years
from a licensed professional engineer certifying the structural integrity
of the tower, together with all antennas mounted thereon and whether
they remain in use, and that they meet applicable minimum safety requirements.
Such report shall also be provided whenever antenna arrays are modified,
and shall include a detail listing of all antennas and equipment so
certified. Vendors shall also be required to notify Hillsborough Township
when the use of such antennas and equipment is discontinued. A satisfactory
insurance company inspection report shall be deemed to meet the requirements
of this section.
Authorization for the construction for a new
wireless telecommunications tower shall be conditioned on agreement
by the tower owner that other wireless telecommunication service providers
will be permitted to collocate on a proposed tower within the limits
of structural and radio frequency engineering requirements and at
rates which reflect a fair market price for such service. As part
of the application for tower approval, the applicant shall document
the extent to which additional equipment could be mounted on the tower,
the extent to which the height of the tower could be increased and
the type of equipment which could be accommodated. Such request for
approval shall be considered to be a "C" or bulk variance to be reviewed
by the Planning Board.
Site plan application fees and escrow for wireless
telecommunications installations shall be as follows:
The applicant shall provide a performance bond
and/or other assurances satisfactory to the Planning Board in a form
approved by the Township Attorney that will cause the antennas, the
supporting tower, the ancillary building enclosing related electronic
equipment and all other related improvements to the land to be removed
at no cost to the Township, when the antennas are no longer operative.
Any communication facility not used for its intended and approved
purpose for a period of 12 months shall be considered no longer operative
and abandoned and shall be removed by the applicant or their assigns
within 60 days thereof. If the use of the tower is 10% or less of
its maximum permitted capacity, it shall be considered no longer operative
and therefore abandoned.
A.
All new towers or antennas shall be subject to this article and to the jurisdiction of the Planning Board except as provided in Subsection C hereinbelow.
B.
Preexisting towers and preexisting antennas shall
not be required to meet the requirements of this article, but shall
be required to meet the requirements of all state and federal regulations
on the subject including FCC, FAA and BOCA requirements. However,
at time of submission of any application for site plan approval, such
towers and antennas shall be brought into conformance with this ordinance
where reasonably practicable.
C.
Locating new antennas or expanding existing antennas on existing structures or towers or expanding existing structures or towers in zoning districts not delineated in § 188-146 shall meet the following requirements in order for such expansion or modification to be considered de minimus and, therefore, subject to administrative approval by the Township Engineer:
(1)
The antenna does not extend more than 15 feet
above the highest point of the structure and is no more than four
inches at the base.
(2)
The antenna complies with all applicable FCC
and FAA regulations.
(3)
The antenna complies with all applicable building
codes.
(4)
An existing tower may be modified or rebuilt
to a taller height no greater than 10 feet or 10% of the height of
the existing structure, whichever is less, up to a total height for
the structure of 150 feet in order to accommodate the collocation
of additional antennas.
(5)
A tower which is being rebuilt to accommodate
collocation may be moved on-site within 50 feet of its existing location.
(6)
After the tower is rebuilt to accommodate collocation,
only one tower may remain on the site.
D.
All other planned and nonconforming structures and
expansions of existing antennas, structures, towers or wireless telecommunications
equipment compounds shall be deemed to be an expansion of a nonconforming
use and shall require a "D" variance from the Zoning Board of Adjustment
pursuant to N.J.S.A. 40:55D-70(d).
A.
All antennas, structures, towers, or wireless telecommunications
equipment compounds shall be insured with liability coverage as follows:
$1,000,000 to $3,000,000 with the Township named as co-insured. Evidence
of such insurance coverage shall be submitted to the Township Engineer
or his designee at the time of approval and each succeeding year by
the anniversary date of the approval.
B.
All other applicable requirements of this article
contrary to the specific conditions and standards specified herein
shall be met, but waivers and/or variances of all applicable requirements
of this article may be granted by the Planning Board or Zoning Board
of Adjustment.
