[HISTORY: Adopted by the Township Council of the Township
of Stafford 4-5-2011 by Ord. No. 2011-11. Amendments noted where applicable.]
A.
The purpose of this chapter is to establish guidelines for the siting
of wireless telecommunications towers and antennas and ancillary facilities.
The goals of this chapter are to:
(1)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(2)
Encourage the location of towers on Township-owned property where
appropriate or in other nonresidential areas;
(3)
Minimize the total number of towers throughout the community;
(4)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
(5)
Encourage the use of existing buildings, telecommunications towers,
light or utility poles, or water towers as opposed to construction
of new telecommunications towers;
(6)
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
(7)
Ensure that all telecommunications facilities, including towers,
antennas and ancillary facilities, are located and designed to minimize
the visual impact on the immediate surroundings and throughout the
community by encouraging 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;
(8)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(9)
Consider the public health and safety of telecommunications towers;
and
(10)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
B.
In furtherance of these purposes, the Township of Stafford shall
give due consideration to the Township of Stafford's Master Plan,
Zoning Map, existing land uses, and environmentally sensitive areas
in approving sites for the location of towers and antennas.
As used in this chapter, the following items shall have the
meanings indicated:
Man-made trees, clock towers, bell steeples, flag poles,
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas under 30 inches
used for satellite communications shall not be included within this
definition.
The lines that connect a provider's towers/cell sites
to one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communications service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cable
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this chapter, including
permitted towers or antennas that have been approved but have not
yet been constructed so long as such approval is current and not expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
For the purposes of this chapter, the emissions from personal
wireless service facilities or any electromagnetic energy within the
frequency range from 0.003 MHZ to 300,000 MHZ.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including licensed transmission towers, antennas
and ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, licensed amateur
radio transmission facilities and facilities used exclusively for
the transmission of television and radio signals are not transmission
towers.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 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 operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
A.
New towers and antennas. All new telecommunications towers or antennas
in the Township of Stafford shall be subject to these regulations.
B.
Preexisting towers or antennas. Preexisting telecommunications towers
and preexisting antennas shall not be required to meet the requirements
of this chapter, absent any enlargement or structural modification
or the addition of any antennas.
C.
District height limitations. The requirements set forth in this chapter
shall govern the location of telecommunications towers that exceed,
and antennas that are installed at a height in excess of, the height
limitations specified for each zoning district that are subject to
FAA restrictions.
D.
Public property. Antennas or towers located on property owned, leased
or otherwise controlled by the governing authority shall be encouraged,
provided a license or lease authorizing such antenna or tower has
been approved by resolution by the governing authority.
A.
Principal or accessory use. Telecommunications antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other Township land use regulation, a different existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be the principal
use.
B.
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.
C.
State or federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. In the Pinelands Area, all towers shall comply
with the standards for local communications facilities and N.J.A.C.
7:50-5.4(c) of the Pinelands Comprehensive Management Plan. If such
standards and regulations are changed, then the owners of the towers
and antennas governed by this chapter shall bring such towers and
antennas into compliance with such revised standards and regulations
within 90 days of the effective date of such standards and regulations
unless a different compliance schedule is mandated by the controlling
state or federal agency. Failure to bring towers and antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's
expense.
D.
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with manufacturer structural loading standards or greater
standards contained in applicable state or local building codes and
the applicable standards for towers that are published by the Electronic
Industries Association and Telecommunications Industry Association,
as amended from time to time. If, upon inspection, the Township of
Stafford concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then, upon
notice being provided to the owner of the tower, the owner shall have
30 days to bring such tower into compliance with such standards. Failure
to bring such tower into compliance within said 30 days shall constitute
grounds for the removal of the tower or antenna at the owner's
expense.
E.
Nonessential services. Telecommunications towers and antennas shall
be regulated and permitted pursuant to this chapter and shall not
be regulated or permitted as essential services, public utilities
or private utilities.
F.
Co-location required. The Township of Stafford mandates that carriers
co-locate antennas on towers or other structures whenever possible.
G.
Conditional use. All new telecommunications towers or alternative
tower structures in the Township of Stafford shall be conditional
uses in accordance with N.J.S.A. 40:55D-67.
H.
Permitted use. All telecommunications antennas to be located on preexisting
towers or other structures shall be considered permitted uses, but
shall be required to obtain site plan approval for the antenna and
any ancillary facilities.
I.
Site plan required. Site plan approval shall be required for all
new telecommunications facilities in the Township of Stafford, including
modifications to or addition of new telecommunications facilities
to preexisting towers, buildings or other structures.
A.
Conditional use standards. New wireless telecommunications towers
may be permitted as set forth in this chapter, provided that such
towers comply with the following conditions:
(1)
The minimum lot size on which the telecommunications tower is to
be located is at least five acres in area.
(2)
Telecommunications towers may not be located closer than 500 feet
to any residential lot. Antennas located on preexisting buildings
or structures are exempt from this requirement.
(3)
Outside the Pinelands Area. Telecommunications towers shall be limited
to monopoles without guys designed to ultimately accommodate at least
three carriers and shall meet the following height and usage criteria:
(4)
In the Pinelands Area, telecommunications towers shall be limited
to monopoles without guys unless the applicant can demonstrate that
a different type of facility is necessary for the co-location of additional
antennas on the tower. A maximum height of 200 feet shall be permitted,
and all towers shall be designed so that their height may be increased
to 200 feet if necessary to accommodate the needs of other carriers
in the future.
B.
Factors considered in granting conditional use approval.
(1)
In addition to the above standards, the board shall consider the
following factors in determining whether to issue a conditional use
approval:
(a)
Proximity of the tower to residential structures and residential
district boundaries;
(b)
Nature and uses on adjacent and nearby properties;
(c)
Surrounding topography;
(d)
Surrounding tree coverage and foliage;
(e)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness,
including stealth designs which are encouraged;
(f)
Availability of suitable existing towers, alternative tower
structures, other structures or alternative technologies not requiring
the use of towers or structures;
(g)
Availability of proposed tower to other potential carriers.
(2)
This list is to be considered to be illustrative in nature and may
not include all factors to be considered.
The following site design standards shall apply to wireless
telecommunications facilities:
A.
New towers.
(1)
Fall zone. A fall zone shall be established such that the tower is
set back 150% of the height of the tower from any adjoining lot line
or nonappurtenant building.
(2)
Security fencing. Towers shall be enclosed by security fencing not
less than eight feet in height. Towers shall also be equipped with
an appropriate anticlimbing measure.
(3)
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences or planned residences or any other
area frequented by the public. The standard buffer shall consist of
a landscaped strip of at least 10 feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the approving authority.
(c)
Existing mature tree growth and natural land forms 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 perimeter may be a sufficient buffer.
(4)
Ancillary buildings. Any proposed building enclosing related electronic
equipment shall not be more than 10 feet in height nor more than 200
square feet in area, and only one such building shall be permitted
on the lot for each provider of wireless telecommunications services
located on the site. Such buildings must satisfy the minimum zoning
district setback requirements for accessory structures.
(5)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
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.
(b)
At a tower site, the deign 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.
(6)
Lighting. 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:
(a)
The building enclosing electronic equipment may have one light
at the entrance to the building, provided that the light is attached
to the building, is focused downward and is switched so that the light
is turned on only when workers are at the building; and
(b)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project toward adjacent and nearby properties.
(7)
Signs. No signs are permitted except those required by the Federal
Communications Commission, the Electronic Industries Association (EIA)
and/or the Telecommunications Industry Association (TIA) or by law,
such as warning and equipment information signs, which may be attached
to a fence or building structure and shall not be larger than 18 inches
by 18 inches.
B.
Antennas mounted on existing structures or roof tops.
(1)
Antennas on existing structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office
utility or institutional structure, provided:
(a)
Side- and roof-mounted personal wireless service facilities
shall not project more than 10 feet above the height of an existing
building or structure nor project more than 10 feet above the height
limit of the zoning district within which the facility is located.
Personal wireless service facilities may locate on a building or structure
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building or structure
height.
(b)
The antenna complies with applicable FCC and FAA regulations.
(c)
The antenna complies with all applicable building codes:
[1]
The equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 48 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
[2]
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
[3]
Equipment storage building, structures or cabinets shall comply
with all applicable building codes.
(2)
Aesthetics. 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.
C.
Antennas on existing towers. An antenna may be attached to a preexisting
tower in a nonresidential zone and, to minimize adverse visual impacts
associated with the proliferation and clustering of towers, co-location
of antennas by more than one carrier on existing towers shall take
precedence over the construction of new towers, provided such co-location
is accomplished in a manner consistent with the following:
(1)
A tower which is modified or reconstructed to accommodate the co-location
of an additional antenna shall be of the same tower type as the existing
tower, unless reconstruction as a monopole is proposed.
(2)
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this chapter.
(3)
On-site location. A tower which is being rebuilt to accommodate the
co-location of an additional antenna may be moved on site within 50
feet of its existing location. After the tower is rebuilt to accommodate
co-location, only one tower may remain on the site.
A.
The Township of Stafford requires that licensed carriers share personal
wireless service facilities and sites where feasible and appropriate
on new towers, thereby reducing the number of personal wireless service
facilities that are stand-alone facilities. All applicants for site
plan approval for a personal wireless service facility on a new tower
shall demonstrate a good-faith effort to co-locate with other carriers.
Such good-faith effort includes:
(1)
A survey of all existing structures that may be feasible sites for
co-locating personal wireless service facilities;
(2)
Notification by certified mail of intent to seek site plan approval
to all the other licensed carriers for commercial mobile radio services
operating in the county;
(3)
Sharing information necessary to determine if co-location is feasible
under the design configuration most accommodating to co-location;
and
(4)
A copy of a proposed lease or affidavit of compliance with this section.
B.
In the event that co-location is found to be not technically feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Township. The Township may retain a technical expert
in the field of RF engineering to verify if co-location at the site
is not feasible or is feasible given the design configuration most
accommodating to the co-location. The cost for such a technical expert
will be at the expense of the applicant. The Township may deny approval
to an applicant that has not demonstrated a good-faith effort to provide
for co-location.
C.
If the applicant intends to co-locate or to permit co-location on
a new tower, plans and elevations, which show the ultimate appearance
and operation of the personal wireless service facility at full build-out,
shall be submitted.
Wireless telecommunications facilities outside the Pinelands
Area shall be located and approved in accordance with the following
prioritized locations:
A.
The first priority shall be an existing tower owned by either a public
or private utility within or near the Township of Stafford.
B.
The second priority shall be new towers on lands owned by the Township
of Stafford within the commercial zones or other lands owned by the
Township of Stafford or other public entity.
C.
The third priority shall be an existing building in a commercial
zone.
D.
The fourth priority shall be new towers on lands not owned by the
Township of Stafford or other public entity located within the remaining
zones.
Wireless telecommunications facilities in the Pinelands Area shall be located and approved in a manner which is consistent with the Pinelands' Comprehensive Management Plan. The priorities set forth in § 210-8 shall be used as a preference guide in the siting of new telecommunications facilities in the Pinelands Area, in which new telecommunications facilities shall be sited only at the following locations:
A.
On developed publicly owned lands within 500 feet of an existing
structure, provided that the tower facility will be located on previously
disturbed lands that have not subsequently been restored and that
no tower will be located on state, county or municipal conservation
lands, state recreation lands or county and municipal lands used for
low-intensity recreational purposes;
B.
On the parcel of an approved resource-extraction operation, provided
that the tower facility will be located on previously disturbed lands
that have not subsequently been restored;
C.
At an existing first aid or fire station; or
D.
On the parcel of an existing landfill, provided that the tower facility
will be located on previously disturbed lands that have not subsequently
been restored.
In addition to the site plan submission requirements and other
applicable requirements of this chapter, the following information
shall be submitted in conjunction with site plan approvals for all
wireless telecommunications facilities:
A.
Comprehensive service plan. In order to provide proper evidence that
any proposed location of wireless telecommunications antennas (and
any supporting tower and/or ancillary building enclosing related electronic
equipment) has been planned to result in the fewest number of towers
within the Township of Stafford at the time full service is provided
by the applicant throughout the Township, the applicant shall submit
a comprehensive service plan. Said comprehensive service plan shall
indicate how the applicant proposes to provide full service throughout
the Township and, to the greatest extent possible, said service plan
shall also indicate how the applicant's plan is coordinated with
the needs of all other providers of telecommunications services within
the Township of Stafford. The comprehensive service plan shall indicate
the following:
(1)
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Township of Stafford.
(2)
How the proposed location of the antennas relates to the location
of any existing towers within and/or near the Township of Stafford.
(3)
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Township of Stafford by both the applicant and by other providers
of telecommunications services within the Township of Stafford.
(4)
How the proposed location of the antennas relates to the objective
of co-locating the antennas of different service carriers on the same
tower.
(5)
How the proposed location of the antennas relates to the overall
objective of providing full telecommunications services within the
Township of Stafford while, at the same time, limiting the number
of towers to the fewest possible.
B.
A scaled site plan clearly indicating the location, type and height
of the proposed tower, on-site land uses and zoning, adjacent land
uses and zoning (including when adjacent to other municipalities),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this chapter.
C.
Legal description of the entire tract and leased parcel (if applicable).
D.
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
E.
The separation distance from other towers and antennas.
F.
A landscape plan showing specific landscape materials, including,
but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
G.
Method of fencing and finished color and, if applicable, the method
of camouflage.
H.
A description of compliance with all applicable federal, state or
local laws.
I.
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
J.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other telecommunications
sites owned or operated by the applicant in the Township.
K.
A letter of commitment to lease excess space or other potential users
at prevailing market rates and conditions. The letter of commitment
shall be in a form suitable for recording with the County Clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
L.
A visual impact study containing, at a minimum, a photographic simulation
showing the appearance of the proposed tower, antennas and ancillary
facilities from at least five points within a three-mile radius. Such
points shall be chosen by the carrier with review and approval by
the Planning Board planning consultant to ensure that various potential
views are represented.
M.
For applications in the Pinelands Area, a description of the relationship
of the purposed tower to any comprehensive plan for local communication
facilities which has been approved by the Pinelands Commission pursuant
to N.J.A.C. 7:50-5.4(c).
A.
After the wireless telecommunications facility is operational, the
applicant shall submit, within 90 days of beginning operations, and
at annual intervals from the date of issuance of the building permit,
existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by an RF
engineer, stating that RFR measurements are accurate and meet FCC
guidelines as specified in the radio frequency standards section of
this chapter.
B.
The applicant and coapplicant shall maintain the personal wireless
service facility in good condition. Such maintenance shall include,
but shall not be limited to, painting, structural integrity of the
mount and security barrier, and maintenance of the buffer areas and
landscaping.
A.
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Township Clerk by certified United States mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunications facility shall be considered
abandoned upon discontinuation of operations.
(1)
If tower lighting was required by the FAA, the tower owner shall
be responsible for all violations and fines associated with its operation.
B.
Upon abandonment or discontinuation of use, at the option of the
Township, the carrier shall physically remove the personal wireless
service facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
(1)
Removal of antennas, mount, equipment shelters and security barriers
for the subject property.
(2)
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
(3)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
C.
If a carrier fails to remove a personal wireless service facility
in accordance with this section, the Township shall have the authority
to enter the subject property and physically remove the facility.
The Planning Board will require the applicant to post a bond at the
time of approval to cover costs for the removal of the personal wireless
service facility in the event the Township must remove the facility.
