[Added 4-22-2009 by Ord. No. 08-44]
As used herein the following terms shall have the meanings provided:
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, television signals, pagers and other communications signals.
For the purposes of this article, "cellular antennas," as referred
to in the 1996 Federal Telecommunications Act, shall not be deemed
a public utility.
A structure, other than a telecommunications tower, which
is attached to a building or water tower and on which one or more
antennas are located.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and ancillary facilities and
adjacent lot lines and or land uses.
Man-made trees, clock towers, bell steeples, flagpoles and
similar alternative design mounting structures that conceal the presence
of antennas or towers.
A company that provides wireless service.
When two or more receiving and/or transmitting facilities are
placed together in the same location or on the same antenna support
structure. The installation of new wireless facilities on previously
approved structures, including towers, buildings, water tanks, and
high transmission utility poles.
Use of a common WTS or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement of a WTS on a structure
owned or operated by a utility.
A section of the Township that covers an area from the Delaware
River to Westfield Avenue and 36th Street to Cove Road.
A distributed antenna system is a network of spatially separated
antenna nodes connected to a common source via a transport medium
that provides wireless service within a geographic area or structure.
The Federal Aviation Administration.
The area in which a wireless support structure may be expected
to fall in the event of a structural failure, as measured by engineering
standards.
The Federal Communications Commission.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this article so long
as such approval is current and not expired.
A structure owned and operated by a public utility electric
company regulated by the New Jersey Public Utility Commission, designed
and used to support overhead electricity transmission lines.
The area within which a wireless facility must be located
in order to meet service objectives of the wireless service provider
using the wireless facility or wireless support structure.
The Telecommunications Master Plan and Report produced for
the Township of Pennsauken by V-Comm, LLC, dated December 16, 2008,
including modifications or supplements.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purpose, including self-supporting
lattice towers, guy towers or monopole towers. The term includes radio
and television transmission towers, microwave, common carrier towers,
cellular telephone towers, alternative tower structures and the like.
Any personal wireless services as defined in the FTA, which
includes FCC-licensed commercial wireless telecommunications services,
including cellular, personal communications services (PCS), specialized
mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging,
and similar services that currently exist or that may in the future
be developed. It does not include any amateur radio facility that
is owned and operated by a federally licensed amateur radio station
operation or is used exclusively for receive-only antennas, nor does
it include noncellular telephone services.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structures,
telecommunications towers, and related facilities other than WTE.
A vertical structure designed principally to elevate and support wireless
telecommunications antennas, which is freestanding and is not attached
to a building or structure.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot or building roof-top as, a telecommunications
tower or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, cabinets,
and security fencing.
The specific goals of this article are:
A.
To minimize the adverse visual effects of wireless communications
facilities and support structures through proper design, siting and
vegetation.
B.
To encourage the location of antennas upon, or within, existing structures,
including, but not limited to, multistory commercial or industrial
buildings, telecommunications towers and existing water towers and
high electric transmission towers.
C.
To encourage the collocation of antennas on the fewest number of
existing structures within the Township of Pennsauken.
D.
To encourage the communications carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewscapes through careful design,
site location, landscape screening and innovative camouflaging techniques.
E.
To encourage the use of alternative technologies which do not require
the use of telecommunications towers or require telecommunications
towers at relatively lesser heights.
F.
To enhance the ability of the carriers of personal wireless communications
services who adhere to the letter and intent of this article to provide
such services quickly, effectively and efficiently.
G.
To protect residential zones and residential uses from the potential
adverse impact of wireless telecommunications towers and antennas.
H.
To minimize the total number of wireless telecommunications towers
throughout the community.
I.
To accommodate the need for wireless communications facilities while
regulating their location and number in the Township.
J.
To encourage the joint use of support structures to reduce the number
of such structures needed in the future.
K.
To insure public health, safety, welfare and convenience.
A.
Antennas and WTE are permitted uses in any zone if they collocate
and are installed upon the following existing structures and grounds
appurtenant thereto:
B.
The applicant attempting to collocate shall be required to demonstrate
that the development is the minimal necessary to provide adequate
communications as may be authorized by the Federal Communications
Commission. Included as part of this requirement, the applicant shall
demonstrate at least, but not necessarily limited to the following:
(1)
The need to address inadequacy of signal strength through the
proposed collocation to the satisfaction of the Planning Board or
Zoning Board Engineer by maps prepared by a properly qualified professional
engineer.
(2)
That the technology proposed is the least visually intrusive
of various suitable technologies.
(3)
That the height of the antennas is the minimum necessary given
the carrier's network and requirements. The height of the WTS and
any antenna shall exist in a range not to exceed 120 feet from the
ground.
(4)
That collocation of the antennas on other existing structures,
or that location of a less visible site, or that the use of micro
cells, or the DAS system providing more numerous antennas at lower
heights, either within or outside the Township of Pennsauken, is either
not practical in order to provide adequate communications or that
the visual impact to the community on the proposed site is less than
would exist at alternate sites.
(5)
That the use of digital technology or the DAS system or a system
similar to the DAS system would not eliminate the need for the proposed
antenna.
(6)
If the WTS and WTE are to be installed on a building the following
additional requirement shall be met:
(a)
Support structure safety. The applicant shall demonstrate that
the proposed wireless communications facility and support structure(s)
are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice or other debris or radio
frequency interference. All support structures shall be fitted with
anti-climbing devices, as approved by the manufactures and fenced
in.
(b)
The applicant shall submit certification from a New Jersey Registered
professional engineer (PE) that a proposed communications structure
and the building and roof supporting that structure are structurally
sound and in compliance with the current structural standards for
steel antenna towers and antenna supporting structures. The maximum
allowable coverage for a WTS and WTE on any roof will not exceed 25%
of the area of the roof.
C.
The location of personal wireless communications antennas as a permitted
use shall require site plan review and approval of an application
submitted to the Planning Board of the Township of Pennsauken. In
addition to the information customarily required for site plans as
identified on the Township's site plan application checklist, the
applicant shall provide the following information to the Planning
Board:
(1)
Any proposed structural modification to the existing telecommunications
tower, water tower, or building that is necessary to accommodate the
proposed antennas or any proposal to enlarge the existing WTS (other
than by addition of the antenna itself), shall be treated as an application
for a nonconforming use and referred to the Zoning Board of Adjustment
as set forth below;
(2)
The proposed location and landscape screening of any shelters
enclosing the related electronic equipment;
(3)
Any other construction that may be proposed or required regarding
the installation of the proposed antennas;
(4)
The height of any proposed antenna attached to an existing structure,
provided that no antenna shall extend higher than 10 feet above the
height of the existing structure or the height of any preexisting
antenna, whichever is lower. No antenna shall be placed on any building
where the antenna or any supporting equipment extends over the outside
envelope of the building itself. The structure and antenna will be
placed at least 10 feet from any building edge; and
(5)
Needs analysis. The needs analysis shall contain documentary
evidence demonstrating the need for the proposed installation, construction,
erection, movement, reconstruction, or modification of any WTS or
WTE within the Township. This evidence shall include at a minimum:
(a)
The applicant will supply a network layout and coverage areas
for a radius of at least five miles from the proposed site, identifying
all locations:
[1]
In operation as of the filing date of the development application.
[2]
Under construction as of the filing date of the development
application.
[3]
Pending approval before any licensing authority as of the date
of the development application.
[4]
Planned or projected for approval and construction within the
next two years.
(b)
All results and to the extent requested by the approving board,
supporting data derived from tests which must be conducted to determine
before and after signal strength plots. Those results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect
at the time of application, contrasted with the proposed signal coverage
which would result from the proposed installation, construction, erection,
movement, reconstruction, or modification of the WTS and/or WTE within
the Township of Pennsauken.
[2]
Shall be certified by a qualified, independent radio frequency
engineer. The Board reserves the right to retain a radio frequency
engineer on its own behalf at the applicant's expense to review the
results or data submitted by the applicant.
[3]
A search ring of the zones and locations in which the use is
permitted prepared by a professional radio frequency engineer and
overlaid on an appropriate background map demonstrating the area within
the permitted locations where the WTS and/or WTE needs to be located
in order to provide reasonably necessary signal strength and coverage
to the target cell.
[4]
In connection with the signal strength plots and search ring
described above, the applicant must provide a report prepared by a
qualified independent professional engineer which explains why the
proposed location was selected.
[5]
Maximum RF exposure analysis. The maximum RF exposure analysis
shall be a written report prepared by a qualified engineer with expertise
in radio frequency (RF) radiation safety. The report shall identify
all applicable laws, regulations, and industry standards establishing
maximum exposure levels for RF radiation. The report shall calculate
the maximum RF exposure levels at the lot or lease lines of the proposed
site, based upon the maximum power output of the full complement of
the WTS and/or WTE which the tower or other supporting structure is
capable of accommodating. The analysis shall demonstrate, to the satisfaction
of the approving board, that the maximum RF exposure at the lot or
lease lines of the proposed site would not exceed the applicable maximum
RF exposure levels established by federal or state law or regulation
or by generally recognized industry safety standards. In the event
that the analysis does not demonstrate that the maximum RF exposure
at the lot or lease lines is less than the lowest applicable maximum
level by at least a factor of 10, the approving board may appoint,
at the applicant's expense, a qualified independent engineer to review
the analysis, its supporting data, and its underlying assumptions.
C.
An applicant proposing to construct a WTS in the Delaware Gardens
area shall provide a certification of a responsible person, in a form
to be reviewed and approved by the Municipal Attorney, which warrants
and represents that the WTS can accommodate antenna and necessary
WTE for collocation by other wireless carriers and that the applicant
shall share the use of its WTS with other FCC-licensed carriers at
fair market value. The warranty of collocation ability shall be a
condition of any approval.
D.
The applicant shall be required to demonstrate that the development
is the minimal necessary to provide adequate communications as may
be authorized by the Federal Communications Commission. Included as
part of this requirement, the applicant shall demonstrate at least,
but not necessarily limited to the following:
(1)
The need to address inadequacy of signal strength through the
proposed collocation to the satisfaction of the Planning Board or
Zoning Board Engineer by maps prepared by a properly qualified professional
engineer.
(2)
That the technology proposed is the least visually intrusive
of various suitable technologies.
(3)
That the height of the antennas is the minimum necessary given
the carrier's network and requirements. The height of the WTS and
any antenna shall exist in a range not to exceed 120 feet from the
ground.
(4)
That collocation of the antennas on other existing structures,
or that location of a less visible site, or that the use of micro
cells, or the DAS system providing more numerous antennas at lower
heights, either within or outside the Township of Pennsauken, is either
not practical in order to provide adequate communications or that
the visual impact to the community on the proposed site is less than
would exist at alternate sites.
(5)
That the use of digital technology or the DAS system or a system
similar to the DAS system would not eliminate the need for the proposed
antenna.
(6)
If the WTS and WTE are to be installed on a building, the following
additional requirement shall be met:
(a)
Support structure safety. The applicant shall demonstrate that
the proposed wireless communications facility and support structure(s)
are safe and the surrounding areas will not be negatively affected
by support structure failure, falling ice or other debris or radio
frequency interference. All support structures shall be fitted with
anti-climbing devices, as approved by the manufacturer and fenced
in.
(b)
The applicant shall submit certification from a New Jersey registered
professional engineer (PE) that a proposed communications structure
and the building and roof supporting that structure are structurally
sound and in compliance with the current structural standards for
steel antenna towers and antenna supporting structures. The maximum
allowable coverage for a WTS and WTE on any roof will not exceed 25%
of the area of the roof.
E.
The location of personal wireless communications antennas as a conditional
use shall require site plan review and approval of an application
submitted to the Planning Board of the Township of Pennsauken. In
addition to the information customarily required for site plans as
identified on the Township's site plan application checklist, the
applicant shall provide the following information to the Planning
Board:
(1)
Any proposed structural modification to the existing telecommunications
tower, water tower, or building that is necessary to accommodate the
proposed antennas or any proposal to enlarge the existing WTS (other
than by addition of the antenna itself), shall be treated as an application
for a nonconforming use and referred to the Zoning Board of Adjustment
as set forth below;
(2)
The proposed location and landscape screening of any shelters
enclosing the related electronic equipment;
(3)
Any other construction that may be proposed or required regarding
the installation of the proposed antennas;
(4)
The height of any proposed antenna attached to an existing structure,
provided that no antenna shall extend higher than 10 feet above the
height of the existing structure or the height of any preexisting
antenna, whichever is lower. For antennas attached to the roof or
a supporting structure on a rooftop, a one-to-one setback ratio (example:
ten-foot-high antenna and supporting structure requires ten-foot setback
from edge to roof) shall be maintained unless an alternative placement
is shown to reduce visual impact; and
(5)
Needs analysis. The needs analysis shall contain documentary
evidence demonstrating the need for the proposed installation, construction,
erection, movement, reconstruction, or modification of any WTS or
WTE within the Township. This evidence shall include at a minimum:
(a)
The applicant will supply a network layout and coverage areas
for a radius of at least five miles from the proposed site, identifying
all locations:
[1]
In operation as of the filing date of the development application.
[2]
Under construction as of the filing date of the development
application.
[3]
Pending approval before any licensing authority as of the date
of the development application.
[4]
Planned or projected for approval and construction within the
next two years.
(b)
All results and to the extent requested by the approving board,
supporting data derived from tests which must be conducted to determine
before and after signal strength plots. Those results and data:
[1]
Shall demonstrate the actual existing signal coverage in effect
at the time of application, contrasted with the proposed signal coverage
which would result from the proposed installation, construction, erection,
movement, reconstruction, or modification of the WTS and/or WTE within
the Township of Pennsauken.
[2]
Shall be certified by a qualified, independent radio frequency
engineer. The Board reserves the right to retain a radio frequency
engineer on its own behalf at the applicant's expense to review the
results or data submitted by the applicant.
[3]
A search ring of the zones and locations in which the use is
permitted prepared by a professional radio frequency engineer and
overlaid on an appropriate background map demonstrating the area within
the permitted locations where the WTS and/or WTE needs to be located
in order to provide reasonably necessary signal strength and coverage
to the target cell.
[4]
In connection with the signal strength plots and search ring
described above, the applicant must provide a report prepared by a
qualified independent professional engineer which explains why the
proposed location was selected.
[5]
Maximum RF exposure analysis. The maximum RF exposure analysis
shall be a written report prepared by a qualified engineer with expertise
in radio frequency (RF) radiation safety. The report shall identify
all applicable laws, regulations, and industry standards establishing
maximum exposure levels for RF radiation. The report shall calculate
the maximum RF exposure levels at the lot or lease lines of the proposed
site, based upon the maximum power output of the full complement of
the WTS and/or WTE which the tower or other supporting structure is
capable of accommodating. The analysis shall demonstrate, to the satisfaction
of the approving board, that the maximum RF exposure at the lot or
lease lines of the proposed site would not exceed the applicable maximum
RF exposure levels established by federal or state law or regulation
or by generally recognized industry safety standards. In the event
that the analysis does not demonstrate that the maximum RF exposure
at the lot or lease lines is less than the lowest applicable maximum
level by at least a factor of 10, the approving board may appoint,
at the applicant's expense, a qualified independent engineer to review
the analysis, its supporting data, and its underlying assumptions.
The Township has determined that there are four areas where
WTSs are clustered as set forth in the findings of fact.[1] No new WTS shall be permitted within a distance of 1/4
mile of any WTS within an existing cluster.
[1]
Editor's Note: Said findings are on file in the Township offices.
A.
It is the intent of the Township of Pennsauken that there be within the Township no additional WTSs or WTE, with the exception of the allowed antenna. WTE and single WTS, enumerated in §§ 141-125 and 141-127 above. However, the Township recognizes that it can not anticipate all future needs that may arise under existing or future law or technology to accommodate the wireless communications user. Accordingly, this § 141-128 is designed to address that possible future need in a manner that is consistent with the goals of this Ordinance.
B.
In order to effectuate the purposes of this Ordinance, an applicant
for a new WTS shall be required to obtain a use variance. In connection
with the application for a use variance the applicant shall:
(1)
Demonstrate through clear and convincing evidence that the new
WTS is required to avoid a significant gap in coverage in an area
in which the applicant is required by its FCC license to provide coverage,
defined as the inability of a substantial number of the carrier's
remote users to connect with the land-based national telephone network,
or to maintain a connection capable of supporting reasonably uninterrupted
communications. It must also demonstrate that the significant coverage
gap can not be cured by any other wireless communications provider
servicing the same area.
(2)
At the time of initial submission, the applicant shall provide
a comprehensive plan which shall include the following information:
(a)
The mapped location and written description of all existing
and approved WTSs and WTE for all providers of wireless communications
services within one mile of the subject site, both within and outside
the Township of Pennsauken;
(b)
The mapped location and written description of all existing
water towers and existing public utility transmission towers within
one mile of the subject site, both within and outside the Township
of Pennsauken;
(c)
An explanation of why the proposed antennas cannot be placed as a permitted collocation as set forth in § 141-125 of this Ordinance;
(d)
An analysis setting forth how the projected location of the
proposed antennas specifically relates to the anticipated need for
additional antennas and supporting structures within and near the
Township of Pennsauken by the applicant and by other providers of
wireless communications services within the Township;
(e)
An analysis setting forth how the projected location of the
proposed WTS and WTE specifically relates to the objective of collocating
the antennas of many different providers of wireless communications
services on a single supporting structure;
(f)
An analysis setting forth how the projected location of the
proposed WTS and WTE specifically relates to the overall objective
of providing adequate wireless communications services within the
Township while, at the same time, limiting the number of telecommunications
towers to the fewest amount possible. The applicant shall address
alternative technologies which do not require the use of telecommunications
towers or require telecommunications towers of a lesser height;
(g)
Without forgoing in any way the presumption that new WTSs and WTE are not necessary and therefore prohibited, with the exception of the allowed antenna, WTE and single WTS, enumerated in §§ 141-125 and 141-127 above, applicants must endeavor to place new WTSs and WTE first in Heavy Industrial Zones and thereafter in descending priority as follows: T-1, L-1, C-2, C-1, P-1, R-5 through R-1, so that the least favorable option is any residential zone. Applicants for a WTS and/or WTE must provide competent evidence of an effort to locate within the highest priority zoning district as set forth herein;
(h)
An analysis setting forth the relationship of the proposed WTS
and WTE to the Master Plan.
A.
Any WTS or WTE should be located to avoid being visually solitary or prominent when viewed from residential areas and the public ways. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible and in accordance with the landscaping requirements of this § 141-129. WTSs and WTE shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunications facilities.
B.
Height standards.
(1)
A WTS shall range from 80 feet to 120 feet and in no event exceed 120 feet in height. It must be constructed to provide that the height is no greater than that required to achieve service area requirements and potential collocation and to comply with the additional setback requirements contained in this § 141-129.
(2)
WTE is limited to 15 feet in height.
C.
Setback and area standards.
(1)
The placement of a WTS shall be subject to the minimum yard
requirements of the applicable zoning district in which they are located
and in addition shall be set back a distance equal to 50% of the height
of the telecommunications tower from any adjoining lot line and provide
for a fall zone, requiring that it be at least as distant as the height
of the tower plus 10 feet to any other existing structure on the same
or any adjacent lot.
(2)
WTE shall comply with all setback and area requirements for
accessory structures pursuant to the zoning district in which it is
located except that no setback shall be less than 10 feet in any zone.
(3)
WTE, together with any other associated equipment or structures,
located on the roof of any building, shall occupy no more than 25%
of the roof area and shall be set back based on a one-to-one setback
ratio (example: ten-foot-high antenna and supporting structure requires
ten-foot setback from edge to roof) shall be maintained unless an
alternative placement is shown to reduce visual impact.
D.
Shelters and equipment sheds. Individual shelters for the required
electronic equipment related to wireless communications antennas shall
be permitted, provided that:
(1)
Any proposed shelter enclosing required electronic equipment
shall not be more than 15 feet in height or more than 250 square feet
in area. Only one such shelter or equipment shed shall be permitted
for each provider of wireless communications services located on a
site.
(2)
No electronic equipment shall interfere with any public safety
communications.
(3)
The building shall possess one light at the entrance to the
building, provided that said 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.
E.
Fencing and other safety devices. WTSs and WTE shall be surrounded
by a security feature such as a fence and be designed with anti-climbing
devices in order to prevent unauthorized access. Additional safety
devices may be required, as needed, and as approved by the Planning
Board or Zoning Board of Adjustment.
F.
Landscaping. Landscaping shall be provided along the perimeter of
the security fence to provide a visual screen and buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All WTE and WTSs shall be screened
by an evergreen hedge eight feet to 10 feet in height at planting
time and a solid fence eight feet in height in order to effectively
screen the view of the equipment compound during all four seasons
of the year. The landscaping plans shall be prepared by a licensed
landscape architect, who shall present testimony to the Planning Board
regarding the adequacy of the plan to screen the equipment compound
from view and to enhance the appearance of the building. Any newly
planted evergreen trees shall be at least eight feet high at time
of planting.
G.
Signs. Signs shall not be permitted, except for signs displaying
owner contact information, warnings, equipment information, and safety
instructions. Such signs shall not exceed two square feet in area.
No commercial advertising shall be permitted on any WTS or WTE.
H.
Color.
(1)
WTSs and WTE shall be of a color appropriate to the telecommunications
tower's locational context and to make it as unobtrusive as possible,
unless otherwise required by the Federal Aviation Administration (FAA).
The color of the WTS and WTE will be provided as part of the application.
(2)
Every applicant shall be required to submit information that
would utilize to the fullest extent available current or future camouflage
technology.
I.
Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the Planning Board or the Board of Adjustment.
J.
Lease. A copy of the lease and a letter of authorization from the
property owner evidencing the applicant's authority to pursue an application
shall be supplied as part of the application. The letter of authorization
shall be notarized and signed under penalty of perjury by the owner
of the property.
K.
Description. Written description and scaled drawings of the proposed
support structure, including structure height, ground and structure
design, and proposed materials and number and type of proposed antennas
and their height above ground level, including the proposed placement
of antennas on the support structure.
L.
Line-of-sight diagram. Line-of-sight diagram or photo simulation,
showing the proposed support structure set against the skyline and
viewed from at least four directions with surrounding areas.
M.
Collocation statement and policy and DAS statement. Each 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 other existing telecommunications sites. Efforts to
secure such locations shall be documented through correspondence between
the wireless telecommunications providers and the property owners
of the other existing telecommunications structures or collocation
sites. The Township and Planning or Zoning Boards reserve the right
to engage a professional radio frequency engineer to review such documentation,
the cost of which engineer will be paid from escrow funds supplied
by the applicant.
N.
Monopole. Any proposed new telecommunications tower shall be a monopole.
Such telecommunications towers may employ camouflage technology.
O.
Noise. No equipment shall be operated so as to produce noise in excess
of the limits set by the local noise ordinance, except in emergency
situations requiring the use of a backup generator.
P.
Radio frequency emissions. The FTA gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission, and WTSs
which meet the FCC standards shall not be conditioned or denied on
the basis of RF impacts. Applicants shall provide verification that
any WTS and/or WTE meets or will meet current FCC requirements.
Q.
Structural integrity. WTSs must be constructed to the Electronic
Industries Association/Telecommunications Industries Association (EIA/TIA)
222 Revision F Standard entitled "Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures" (or equivalent), as it may
be updated or amended.
R.
Maintenance. WTSs shall be maintained to assure their continued structural
integrity. The owner of the WTS shall also perform such other maintenance
of the structure and of the site so as to assure that it does not
create a visual nuisance. The site is subject to inspection by the
Township annually. The owner will supply a report every five years
to the Township Engineer that the tower, monopole and supporting structures
are structurally sound. The report shall be prepared by a New Jersey
professional engineer.
S.
Additional information and submission requirements.
(1)
Documentation by a qualified expert regarding the capacity of
any proposed WTS for the number and type of antennas including the
mounting positions for the collocated antennas and the minimum separation
distance between antennas. Additionally, documentation of the tower's
capacity, including the number and type of antennas that it can accommodate,
will be provided.
(2)
Documentation by a qualified expert that any proposed WTS 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 Industries Association
(EIA) and/or the Telecommunications Industry Association (TIA) have
been met.
(3)
A letter of commitment by the applicant, in a form which is
reviewed and approved by the Township Attorney, indicating that the
applicant will share the use of any WTS with other approved providers
of wireless communications services. The letter of commitment shall
be recorded prior to the issuance of permits and approval from the
Planning or Zoning Board. The letter shall commit the tower owner
and his successors in interest to this obligation.
(4)
A letter from the applicant agreeing that any WTS or WTE not
used for its intended and approved purpose for a period of six months
shall be deemed no longer operative and shall be removed by the responsible
party within 60 days thereof. The owner or applicant will submit if
applicable a copy of the signed lease which requires the applicant
to remove the tower and associated facilities upon cessation of operations
of the site. This requirement will be included with the application
for approval and is a condition precedent before hearing the application.
(5)
A certified load analysis report prepared, signed and sealed
by a professional engineer, for the building, structure, existing
monopole or proposed monopole upon which the antenna is proposed to
be located, indicating its ability to support possible future collocated
antenna.
(6)
Written confirmation from any other wireless providers who have
expressed a desire to collocate on the proposed facility that the
selected site meets their operational needs and space requirements
including space required for WTE.
(7)
Maintenance bond. The telecommunications provider shall post
a bond or letter or credit. Said maintenance bond will be sized by
the Planning or Zoning Board Engineer.
(8)
Removal bond. The owner or applicant of any proposed tower construction
shall be required to post a performance bond for the removal of the
tower in order to guarantee that the tower be removed and the top
three feet of concrete be removed and backfilled. Said performance
bond will be sized by the Planning or Zoning Board Engineer.
(9)
Nonconforming wireless telecommunications towers or structures
may continue in use for the purpose now used but may not be expanded
(i.e., increasing the size or by adding additional users without complying
with this ordinance.
(10)
The owner of any nonconforming wireless telecommunications tower
or structure WTS and WTE may repair or rebuild (but not expand such
telecommunications tower, WTS, or WTE, including changing height or
reducing its 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 ordinance.
(11)
Local communications facilities shall be located in accordance
with the visual standards of N.J.A.C. 7:50-5.4(c)4ii through v to
the extent feasible and consistent with other provisions contained
herein.
(12)
If multiple sites for new towers that meet all other qualifications
are available, the site with the least visible impact should be selected.
(13)
The owner or telecommunications providers will supply annually
to the Planning and Zoning Administrator and the Township Clerk a
list of the current telecommunications providers using the site.
A.
Any WTS or WTE that is not operated for a continuous period of six
months shall be deemed abandoned or not in use. If there are two or
more users of a single WTS or WTE, then the abandonment shall not
become effective until all users cease using the WTS or WTE for a
continuous period of six months. The owner(s) of such WTS or WTE shall
remove same within 60 days of notice from the Zoning Officer that
the WTS or WTE is abandoned. If such WTS or WTE is not removed within
said 60 days, the municipality may remove such WTS or WTE at the owner's
expense. If the facility is to be retained, the provider(s) shall
establish that the facility will be reused within one year of such
discontinuance. If a facility is not reused within one year, a demolition
permit shall be obtained and the facility removed. At the discretion
of the Zoning Officer, upon good cause shown, the six-month reuse
period may be extended for a period not to exceed one additional year.
B.
The applicant shall annually notify the Township Planning Office
of the number of users. To ensure the removal of a WTS and WTE, the
owner thereof shall post a bond, to be reviewed by the Township Engineer
and Planning Board Engineer and be in a form acceptable to the Township
Attorney at the time a construction permit is issued to cover the
costs of the removal, disposal and site restoration. The owner shall
x`provide annual written demolition cost estimates for the purpose
of adjustments to such bond.
C.
The site where the WTS and WTE were located will be restored to its
original condition or a condition acceptable to the Township of Pennsauken.
In addition to its normal professional staff, given the technical
and specialized nature of the testimony to be provided by the applicant's
radio frequency expert(s), the Planning Board or Zoning Board of Adjustment
may, at the applicant's sole cost and expense, hire its own radio
frequency expert to review and comment on testimony presented by the
applicant. The Planning Board, or Zoning Board of Adjustment, may
employ experts with specialized areas of expertise if deemed necessary,
the cost of which shall be at the applicant's expense.