[Added 8-5-2009 by Ord. No. 2009-18[1]]
A.
The purpose of this article is to establish guidelines and standards
for the location and operation of wireless communications towers and
antennas in Maple Shade Township; to recognize the need to safeguard
the public good; and preserve the intent and purposes of the Maple
Shade Township Master Plan and Zone Plan.
B.
The specific objectives of this article are:
(1)
Encourage the location of wireless telecommunications towers
and antennas on municipal property as priority location No. 1;
(2)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas by encouraging the location of towers
in nonresidential areas and requiring adequate setbacks, separation,
buffering and screening for towers and antennas located adjacent to
residential zones or uses;
(3)
Provide full wireless communication services within the Township
while minimizing the total number of towers throughout the community;
(4)
Strongly encourage the location of antennas upon, or within,
existing structures, including preexisting wireless communication
towers, existing buildings, existing water towers or standpipes, and
existing telephone and electric poles and towers, especially those
existing structures located on public property, as a primary option
rather than construction of additional single-use towers;
(5)
Encourage users of towers and antenna to locate them in areas
where the adverse impact on the community is minimal;
(6)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques;
(7)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(8)
Consider the public health impacts and safety of communication
towers consistent with FCC standards;
(9)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures; and
(10)
To comply with the mandate of the Federal Communications Act
of 1996, 47 U.S.C § 332(c)(7), which preserves local government
authority to enforce zoning requirements that protect public safety,
public and private property and community aesthetics.
C.
In furtherance of these objectives, Maple Shade Township shall give
due consideration to the Township's Master Plan, Zone Plan, existing
land uses, and environmentally sensitive areas in approving sites
for the location of towers and antennas.
As used in this article, the following terms shall have the
meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure, utility pole (including within light
poles and fixtures) and used in communications that radiate or capture
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals.
[Amended 11-9-2017 by Ord. No. 2017-19]
Networks of cables and antennas that can be installed in
high-traffic areas (stadiums, convention or shopping centers, office
buildings, train stations, airline terminals, and outdoor urban areas)
where demand for signal is high.
[Added 11-9-2017 by Ord.
No. 2017-19]
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the base of the tower or structure to the highest point
on the tower or other structure, including the base pad and any antenna.
For antennas mounted on buildings or other structures, the height
of said building or structure shall be included in this determination.
The Municipal Land Use Law Chapter 291, Laws of NJ 1975,
New Jersey Statutes Annotated 40:55D-1 et. seq.
Any tower or antenna for which site plan approval or a building
permit has been properly issued prior to the effective date of this
article, including approved towers or antennas that have not yet been
constructed, in accordance with M.L.U.L. 40:55D-52.[1]
The duly appointed Planning Board or Zoning Board of Adjustment.
[Amended 11-9-2017 by Ord. No. 2017-19]
Small cells are like mini cell towers, smaller-scale units
generally deployed on lamp posts, utility poles and building walls
to relay cell phone signals through fiber optic cables. Small cells
are used primarily to enhance localized capacity and coverage where
there is concentrated traffic, such as in a business district, shopping
mall or a college campus.
[Added 11-9-2017 by Ord.
No. 2017-19]
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed 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.
This term shall not include an existing utility pole.
[Amended 11-9-2017 by Ord. No. 2017-19]
A pole that supports public utility wires and cables and
is separate and distinct from a tower, pole (monopole) that supports
only telecommunications equipment and antenna (see "tower").
[Added 11-9-2017 by Ord.
No. 2017-19]
[1]
Editor's Note: See N.J.S.A. 40:55 D-52.
A.
New towers and antennas. All new towers or antennas shall be subject
to these regulations, except as follows:
(1)
Amateur radio station operators/receive only antennas. This
article shall not govern any tower, or the installation of any antenna,
that is under 70 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive-only antennas.
(2)
Preexisting towers or antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this article,
except as further specified, absent any enlargement or structural
modification or the addition of any structures.
A.
Wireless communication towers/antennas, including required accessory
structures not exceeding 500 square feet in area and less than 10
feet in height, shall be considered a permitted use in the BD-1 Zone
excluding approved redevelopment areas.
B.
Antennas or towers located on property owned, leased, or otherwise
controlled by the Maple Shade Township, provided a license or lease
authorizing such antenna or tower has been approved by Maple Shade
Township, shall be permitted in all zoning districts and shall be
given priority over all other locations. The Township shall require
the applicant to notice owners of all real property within 200 feet
in all directions of the municipal property proposed for location
of such antennas or towers prior to the Township Council's consideration
of the approval of such lease. The Township may, as a condition of
such lease, require site plan approval. The decision to extend such
leases to an applicant shall be vested solely with the municipality,
and shall not be governed by this article.
C.
In order to minimize adverse visual impacts associated with the proliferation
and clustering of towers, new antennas proposed on preexisting towers
shall be permitted in any zone provided such collocation is accomplished
in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the
collocation of an additional antenna shall be of the same tower type
as the preexisting tower, unless the reviewing board allows reconstruction
as a monopole.
(2)
A preexisting tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this article.
(3)
A tower, which is being rebuilt to accommodate the collocation
of an additional antenna, may be moved on site within 50 feet of its
existing location, provided the relocated tower meets the required
setback and separation distances as set forth in this article.
D.
Tower and antennas proposed on a site with an existing principal
use shall require Zoning Board approval as a second principal use
on one property with the exception of municipal property.
E.
Towers and antennas shall be regulated and permitted pursuant to
this article and shall not be regulated or permitted as essential
services, public utilities, or private utilities.
Where the general regulations applicable to the underlying zone
in which a wireless telecommunication facility is being constructed
set forth specifications, bulk requirement, or design and performance
standard for any permitted use, those same regulations shall apply
to the wireless telecommunication facility, unless, specifically,
different standards are set forth in this article.
[Amended 11-9-2017 by Ord. No. 2017-19]
The following requirements shall apply to all proposed wireless
telecommunication facilities (except those permitted to be installed
within the municipal right-of-way) and shall be considered by the
Reviewing Board in their review of all plans submitted as part of
a wireless telecommunication facility:
B.
Principal use. Other than those located on municipal property or
property under the control of the municipality, antennas or towers
are considered principal uses.
C.
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with zone development regulations, including
but not limited to setback requirements, lot-coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
D.
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting shall not cause uplighting, and shall be focused and
shielded to cause the least impact to adjacent and nearby properties
and shall not exceed 0.1 footcandle at the property lines. The applicant
shall provide to the reviewing board all applicable FAA standards
regarding lighting that may apply to a proposed tower.
E.
Aesthetics. Towers and antennas shall meet the following requirements:
(1)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, 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 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 possible.
(4)
All cables/wires serving the wireless communications facility
shall be installed in underground conduits.
(5)
Towers shall be of monopole construction, unless otherwise approved
by the reviewing board. Primary consideration shall be given to designing
the monopole as an alternative tower structure, as defined.
(6)
Antennas shall be flush-mounted or internally located.
F.
Buffering/screening.
(1)
To the maximum extent possible:
(a)
Any new tower shall be located behind existing buildings and/or
natural topographic features in order to screen the tower's base from
being visible from adjacent properties and street right-of-way.
(b)
Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property may be deemed by the reviewing board as providing a sufficient
buffer.
(2)
Landscaping and buffering 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,
to the maximum extent reasonably possible, and to enhance the appearance
of the site.
(b)
A landscaping design shall be prepared by a New Jersey licensed
landscape architect, planner, or engineer who shall present testimony
to the reviewing board regarding the adequacy of the plan to adequately
screen the base of the tower from view and to enhance the appearance
of the site.
(c)
Any newly planted evergreen trees shall be at least eight feet
in height and any newly planted deciduous trees shall have a minimum
caliper of three inches, at time of planting.
(d)
Required landscaping shall be installed on the outside of any
required security fencing.
(e)
In locations where the visual impact of the tower would be minimal,
the reviewing board may reduce the landscaping requirements.
G.
Signs. No signs shall be permitted on an antenna or tower, other
than "warning" and/or equipment information signs necessary for safety
purposes that are specifically approved by the reviewing board.
H.
Parking. Off-street parking, not to exceed three parking spaces,
shall be permitted, as needed, and as specifically approved by the
reviewing board.
I.
Security fencing. Towers shall be enclosed by a security fence, not
less than six feet in height and no greater than 10 feet in height,
with a lockable gate. Towers shall also be equipped with appropriate
anticlimbing devices and safeguards to protect the general public.
Barbwire not permitted.
J.
Height regulated.
(2)
Existing structures, including preexisting wireless communication
towers, existing buildings, existing water towers or standpipes, and
existing telephone and electric poles and towers, as defined by this
article, shall be exempt from the height regulations contained herein,
unless an application proposes an increase in the height of said structure.
Existing structures may be rebuilt to a taller height, not to exceed
the maximum tower heights noted above, or in the case of a building,
the maximum building height permitted for the zone in which it is
located, but only in order to accommodate collocation of additional
antennas.
(3)
For purposes of measurement, the maximum tower height shall
include any structures supported by the tower and any antennas.
K.
Setback requirements. The following requirements shall apply to all
towers for which site plan approval is required:
(1)
Towers shall be set back a distance equal to at least 110% of
the calculated and established fall zone from any adjoining lot line
and all nonappurtenant buildings or structures, provided that this
distance is no closer to an adjoining lot line than the building setback
applicable to the zoning district in which the tower is located. The
required setback shall be measured from the base of the tower.
(2)
The minimum tower setback from a residential zone district line,
residential use, school site or recreation site shall be 200 feet.
(3)
For antennas mounted on existing structures, including preexisting
wireless communication towers, existing buildings, existing water
towers or standpipes, and existing telephone and electric poles and
towers, the setback of the existing structure shall be used.
(4)
Appurtenant/accessory structures, equipment and guy wires must
satisfy the minimum zoning district setbacks for the zoning district
in which the tower is located.
(5)
A minimum fifty-foot parking setback from an adjacent property
or street right-of-way shall be required for any parking areas associated
with a wireless telecommunications site.
L.
Separation distance between towers. Any proposed tower shall be separated
by a minimum distance of 1,500 feet from any preexisting tower.
M.
State or federal requirements. All towers and antennas must meet
or exceed current standards and regulations of the FCC, FAA and any
other agency of the state or federal agency with the authority to
regulate towers/antennas. If such standards and regulations are changed,
then the owners of the towers/antennas governed by this article shall
bring such towers/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 agency. Failure to bring towers/antennas into compliance
with such revised standards and regulations shall constitute grounds
for the removal of the towers/antennas at the owner's expense.
A.
Any antenna or tower that is not operated for its intended and approved
purpose for a continuous period of 12 months shall be considered abandoned,
and the owner of such antenna or tower shall remove the same within
90 days of receipt of notice from Maple Shade Township notifying the
owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 days shall be grounds to remove the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower.
B.
The Township may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Reviewing Board Engineer) of such removal, grading and restoration to a state required under all applicable Township Ordinances, including but not limited to the Township Property Maintenance Chapter 152.
A.
Communications antenna placement is a land use issue requiring consideration
of potential externalities associated with the benefits of improved
opportunities for communication. Applicants seeking Township approval
for communications antenna are required to provide full disclosure
and engage in open dialogue regarding proposed coverage areas, power
levels, number of radios, system losses, antenna gain, down tilt and
related proposed antenna characteristics including maximum anticipated
exposure levels at horizontal distance from the antenna, and various
recognized safety levels including FCC radio frequency safety limits.
A post-installation radio frequency (RF) energy survey shall be prepared
to ensure compliance with safety standards.
B.
In addition to the applicable documentation and checklist items of
information required for the Maple Shade Township Site Plan Application,
the following additional documentation and items are required to be
submitted to the reviewing board for review and approval:
(1)
To ensure the structural integrity of both existing and proposed
towers, antennas and any required support structures, documentation
shall be submitted by a qualified expert confirming that the proposed
construction is in compliance with standards contained in applicable
state or local building codes and, in the case of towers, the applicable
standards for towers that are published by the Electronic Industries
Association (EIA) and/or Telecommunication Industry Association (TIA),
as amended from time to time.
(2)
A letter of intent by the applicant, in a form approved by the
Board Attorney, indicating the applicant will share the use of any
tower with other approved wireless communication service providers
at reasonable, economically viable rates.
(3)
A certification that all franchises required by law for the
construction and/or operation of a wireless communication system in
Maple Shade Township have been obtained and shall file a copy of all
required franchises with the Board Secretary.
(4)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(5)
As determined necessary by the reviewing board, visual sight
distance analysis, including photographic reproductions of a crane
or balloon test, graphically simulating the appearance of the proposed
tower around and within one mile of any proposed tower. The applicant
shall schedule the time of the crane or balloon test with the Reviewing
Board Engineer in order to provide the members of the reviewing board
and general public an opportunity to view the crane or balloon test.
(6)
Each applicant for an antenna and/or tower shall provide to
the Board Secretary an inventory report of its preexisting towers,
antennas, or sites approved for towers or antennas, that are either
within the jurisdiction of Maple Shade Township or within three miles
of the border thereof, including specific information about the location,
height, and design of each tower, as well as to the maximum extent
practicable, an inventory of all other preexisting wireless communication
towers, existing buildings, existing water towers or standpipes, and
existing telephone and electric poles and towers located within 1,500
feet of the proposed site. The Board Secretary may share such information
with other applicants applying for administrative approvals or permits
under this article or other organizations seeking to locate antennas
within the jurisdiction of Maple Shade Township; provided, however,
that the Board Secretary is not, by sharing such information, in any
way representing or warranting that such sites are available or suitable.
This report shall demonstrate to the reasonable satisfaction of the
reviewing board, that no preexisting tower, structure, or alternative
technology is suitable to accommodate the applicant's proposed antenna(s)
either within or outside the Township of Maple Shade and shall also
include the following information:
(a)
How the proposed location specifically relates to the objective
of locating towers on public property.
(b)
How the proposed location specifically relates to the suitability
or unsuitability of such existing structures to be utilized to provide
the intended wireless communications.
(c)
How the proposed location specifically relates to the anticipated
need for additional antennas and supporting structures within or near
Maple Shade Township by the applicant and by other providers of wireless
communication services within the Township.
(d)
How the proposed location specifically relates to the objective
of collocating the antennas of many different providers of wireless
communication services on a single supporting structure.
(7)
A post-installation radio frequency (RF) energy survey shall
be submitted verifying that all equipment is designed to comply with
the then-current Federal Communication Commission (FCC) rules and
regulations with regard to the promulgated radiation emissions standards.
Any approval shall be contingent upon a further report submitted to
the Reviewing Board Engineer within 90 days after the antenna(s) become
operational that the RF energy is within the FCC guidelines.
(8)
In addition to its normal professional staff, given the technical
and specialized nature of testimony by the applicant's radio frequency
expert(s), the reviewing board may hire its own radio frequency expert
to review and comment upon the testimony and written reports presented
by the applicant. Based upon other testimony presented by the applicant,
the reviewing board may also hire other experts with specialized areas
of expertise, if deemed necessary, in accordance with M.L.U.L. 40:55D-53.1.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-53.1.
(9)
Legal description of the entire tract and leased parcel (if
applicable).
(10)
Written approval from the Township Governing Body for use of
Township-owned land or structures when the application involves such
land or structures.
(11)
A copy of an executed lease or easement agreement when the application
involves private land or structures not owned by the applicant.
[Added 11-9-2017 by Ord.
No. 2017-19]
A.
Permit required. No person, company, firm or corporation shall construct,
relocate, replace, or perform maintenance on any telecommunication
facility that involves a DAS or SNN within the municipal right-of-way
without first receiving permit approval (see application form 205-79.9)[1] from the governing body.
(1)
Outside agency approvals. All necessary construction permits
and outside agency approvals must be obtained from the proper officials
having jurisdiction prior to and subsequent installation.
[1]
Editor's Note: Said form is on file in the Township's offices.
B.
Applications.
(1)
Complete permit application. In the event that the application
is not certified to be complete within 45 days of the date of its
submission, the application shall be deemed complete upon the expiration
of the forty-five-day period for purposes of commencing the applicable
time period, unless the application lacks information indicated on
a checklist adopted by ordinance and provided to the applicant and
the municipal agency or its authorized committee or designee has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
(a)
At the discretion of the Township Manager or Community Development
Director, the separate permit required for each location where work
is being performed may be waived in the case of a public utility making
numerous improvements.
(2)
Applications for telecommunication improvements within the municipal
right-of-way shall be granted or denied within 45 days of the date
of submission of a complete application (Form 205-79.9) and supporting
documentation to the Community Development Director, or within such
further time as may be consented to by the applicant.
(3)
The application and sketch plan shall be reviewed by the Township
Engineer and the temporary traffic control plan (TTCP) shall be reviewed
by the Traffic Safety Division prior to the issuance of any permit
by the governing body. The Township Engineer and Traffic Safety Division
may assist in the determination of a complete application and prepare
reports regarding approval or denial of the application.
C.
Submission/checklist items. Submit 10 paper copies and two electronic
copies on USB drive:
(1)
Executed use agreement with owner of existing utility pole.
(2)
Executed right-of-way agreement with the municipality.
(3)
Completed application form 205-79.9 (Telecommunications facilities
within the municipal right-of-way) and the following:
(a)
Survey showing property lines, existing conditions including
all underground utilities within 25 feet of the proposed improvements;
(b)
Plans and construction details of improvements;
(c)
Existing conditions site photos;
(d)
Equipment specifications;
(e)
Traffic safety control plan;
(f)
Project description.
D.
General requirements.
(1)
Equipment and antennas shall meet the following requirements:
(a)
To improve safety and reduce visual obtrusiveness equipment
cabinets and other facility improvements shall be located underground
where sufficient space is provided within the ROW and outside the
cartway. Any equipment installed on a utility pole or above existing
grade shall be installed as to not obstruct any sight triangles at
intersections or driveways.
(b)
All cables/wires serving the wireless communications facility
shall be installed in underground conduits.
(c)
Antennas may be internally mounted; flush-mounted; or mounted
on top of the existing utility poles.
(d)
The antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
(e)
As-built plans showing the location of all underground equipment
and cables/wires serving the wireless communications facility shall
be submitted to the township upon completion of the installation.
F.
Notice of proposed telecommunications facilities; protection of existing
structures. It shall be the duty of the permittee to give notice of
the proposed improvements any company whose pipes, conduits or other
structures are laid in the portion of the street to be opened. Such
notice shall be given at least 24 hours before commencing such opening.
The permittee shall, at his own expense, carefully support, maintain
in operation and protect from injury such pipes, conduits or other
structures. If any damage is caused to such structures, the permittee
shall restore them at his own expense in accordance with the standards
set forth by the owner of the affected utility.
G.
Road Closing. Written permission to close a road to traffic must
first be secured from the Township Manager or Community Development
Director and the Police Department, and such permission shall only
be valid for the time specified. The permittee may be required to
give notification of such closing to various public agencies and to
the general public.
H.
(Reserved)
I.
Enforcement; violations and penalties. The provisions set forth under this section shall be enforced by the Maple Shade Police Department, Code Enforcement Officer, Zoning Officer, Construction Code Official, authorized agents of the Township, or other official so designated by the Township Manager. Any person, contractor or utility committing a violation of this section shall be subject to a fine of $500 for a first offense; $1,000 for a second offense; $1,500 for a third offense. Any subsequent violation shall be subject to the penalty as provided in Chapter 1, Article II, herein and, in addition thereto, the Township may, at its option, terminate the right-of-way agreement.
