[Added 6-7-1999 by Ord. No. 639-99]
The purpose of this article is to provide sound land use policies,
procedures and regulations for the location and placement of wireless
telecommunications structures, antennas and equipment within the Borough
of Milford in order to protect the community from the visual and other
adverse impacts of wireless telecommunications facilities and to preserve
the scenic and historic character of the countryside that the Milford
Borough Master Plan seeks to protect. This article seeks to meet the
mandate of the Telecommunications Act of 1996 and at the same time,
without limiting the generality of the foregoing, to:
A.
Protect residential areas and land uses from the potential adverse
impacts of towers and antennas;
B.
Encourage the location of towers in nonresidential areas and along
major transportation corridors;
C.
Minimize the total number of towers throughout the community;
D.
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
E.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
F.
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;
G.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
H.
Consider the public health and safety of communications towers; and
I.
Avoid potential damage to adjacent properties from tower failure
through proper engineering and careful siting of tower structures.
A.
Notwithstanding anything in this chapter to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under the applicable sections of this chapter and consistent with the visual compatibility requirements of § 190-131 below, shall be a conditional use as set forth in the table of priorities contained herein. When proposed as a conditional use, the applicant shall meet the standards of § 190-132.
C.
Notwithstanding anything in this chapter to the contrary, no new
wireless telecommunications tower shall be permitted unless the applicant
demonstrates with convincing clarity to the Joint Land Use Board that
no existing tower, structure or alternative technology that does not
require the use of towers or structures can accommodate the applicant's
need for a proposed antenna. Costs of alternative technology that
exceed new wireless telecommunications tower or wireless telecommunications
antenna development shall not be presumed to render any alternative
technology unsuitable or unavailable.
A.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be designed, located
and screened to blend with and into the existing natural or built
surroundings so as to eliminate, to the maximum extent practicable
and without regard to cost, adverse visual impacts through the use
of color and camouflaging, architectural treatment, landscaping and
other appropriate means which shall cause the visual impact of such
antennas and towers to be compatible with neighboring residences and
the character of the community as a whole.
B.
Wireless telecommunications antennas on existing structures or buildings
and wireless telecommunications towers shall be placed to ensure that
historic districts, historically significant viewscapes, streetscapes
and landscapes are not visually impaired and are protected against
any visual impairment from wireless telecommunications facilities.
The views of and vistas from architecturally and/or significant structures
shall not be impaired or diminished by the placement of telecommunications
facilities.
C.
The wireless telecommunications equipment compound shall be located
to avoid being visually solitary or prominent when viewed from residential
areas and the public way.
D.
The wireless telecommunications equipment compound shall be enclosed
within a solid wooden fence at least seven feet and no more than eight
feet high, as approved by the Borough Engineer, which shall include
a locking security gate. The height of the equipment building shall
not exceed 12 feet.
E.
A wireless telecommunications equipment compound consisting of no
more than 1,500 square feet may be erected in support of a wireless
telecommunications antenna, but only if:
(1)
It is situated behind existing vegetation, tree cover, structures,
buildings or terrain features which will shield completely the wireless
telecommunications equipment compound from public view, or, when a
location completely out of public view is not possible, a landscape
buffer of 20 feet in width shall be provided outside the fence around
the wireless telecommunications equipment compound to shield completely
the facility from public view. Landscaping shall include native evergreen
and deciduous trees at least eight feet high at the time of planting,
and the number of trees shall be based on the equivalent of staggered
double rows at 15 feet on center; and
(2)
It otherwise complies with the requirements of this chapter.
An applicant desiring to construct wireless telecommunications
antennas in allowable zones or towers in any zone shall demonstrate
to the satisfaction of the Joint Land Use Board, through the presentation
and introduction of documentary and parol evidence, each of the following:
A.
The need for wireless telecommunications antennas at the proposed
location. The evidence presented and introduced to the Joint Land
Use Board shall describe in detail the wireless telecommunications
network layout and its coverage area requirements and the need for
new wireless telecommunications facilities at a specific location
within the Borough. The applicant shall also provide evidence to the
satisfaction of the Joint Land Use Board of all alternate wireless
network plan designs which would not require the applicant to construct
a wireless telecommunications tower at the proposed location.
B.
That the applicant has exercised its best efforts to locate the wireless
telecommunications antennas on existing buildings or structures within
the applicant's search area. Without otherwise limiting the nature
of the evidence to be provided by the applicant in order to meet its
burden on this issue, the applicant shall provide to the Joint Land
Use Board copies of all correspondence from and between the wireless
telecommunications provider and the property owners of the existing
buildings or structures. The failure of the applicant to present evidence
of the foregoing shall constitute a rebuttable presumption that that
applicant has not exercised its best efforts as required herein. Evidence
demonstrating that no existing wireless telecommunications tower or
building or structure can accommodate the provider's proposed antenna
may consist of any one or more of the following:
(1)
No existing towers or structures are located within the geographic
area that is necessary to meet the provider's radio frequency engineering
requirement to provide reliable coverage.
(2)
Existing towers or structures are not of sufficient height and
cannot be made to be of sufficient height to meet the provider's radio
frequency engineering requirements or do not have sufficient structural
strength to support the provider's proposed antenna and related equipment.
(3)
The provider's proposed antenna would cause electromagnetic
interference with the anterior on the existing towers or structures
or the antenna on the existing towers or structures would cause interference
with the provider's proposed antenna.
(4)
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are patently unreasonable. Actual,
direct costs exceeding new tower design, development and construction
are presumed to be patently unreasonable.
(5)
The provider demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
C.
The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network and the alternate network designs identified pursuant to Subsection A above.
D.
Where a suitable location on an existing tower or other structure
is found to exist, but the applicant is unable to secure an agreement
to co-locate its equipment on such tower or other structure, the applicant
shall provide sufficient and credible written evidence of its attempt
or attempts to co-locate.
E.
A full and complete description of all alternative technologies not
requiring the use of towers or other structures to provide the services
to be provided by the applicant through the use of the proposed tower.
F.
That the applicant has exercised its best efforts to site new wireless
antennas, equipment or towers within the applicant's search area according
to the priority schedule below. Without otherwise limiting the nature
of the evidence to be provided by the applicant in order to meets
its burden on this issue, the applicant shall provide to the Joint
Land Use Board the block and lot number of any parcel for which the
wireless provider has attempted to secure a lease or purchase agreement
and copies of all correspondence from and between the wireless provider
and the property owner. The failure of the applicant to present evidence
of the foregoing shall constitute a rebuttable presumption that the
applicant has not exercised its best efforts as required herein.
|
Priority Zone
|
Equipment
|
Location
|
Permitted, Conditional or Prohibited
| |
|---|---|---|---|---|
|
GU
|
Antenna
|
Co-located with other antennas on existing structure or tower
within GU Zone
|
Conditional
| |
|
GU
|
Antenna
|
Existing structure or tower within the GU Zone
|
Conditional
| |
|
Any residential
|
Antenna
|
Entire zone
|
Prohibited
| |
|
GU
|
Tower
|
Construct a tower within the GU Zone
|
Conditional
| |
|
Any residential
|
Tower
|
Entire zone
|
Prohibited
|
G.
Compliance with the Borough standard that no wireless telecommunications
towers shall be permitted which would require lighting affixed thereto
under FCC, Federal Aviation Administration (FAA) or any other governmental
agency regulations or requirements.
An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of § 190-132 above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70(c):
A.
Minimum lot size: as required by the zone district in which located
or two acres, whichever is larger.
C.
Minimum setback for equipment compound from any property line: the
zone district setback requirements for an accessory building.
E.
Maximum height of attached antenna: 10 feet beyond the edge of the
building or structure on which attached.
All site plan details required by § 190-124 shall be provided and shall include:
A.
The site boundaries; tower location; existing and proposed structures,
including accessory structures; existing and proposed ground-mounted
equipment; vehicular parking and access; and uses, structures and
land use designations on the site and abutting parcels.
B.
A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed or replaced (see § 190-13).
C.
A report from a qualified expert certifying that the wireless telecommunications
tower and equipment facility comply with the latest structural and
wind loading requirements as set forth in the Building Officials and
Code Administrators (BOCA) International, Inc., Code or the Electronic
Industries Association/Telecommunications Industries Association (EIA/TIA)
222 Revision F Standard, titled "Structural Standards for Steel Antenna
Towers and Antenna Supporting Structures" (or equivalent), as it may
be updated or amended, or such other code as may apply to these facilities,
including a description of the number and type of antennas it is designed
to accommodate.
D.
A binding, irrevocable letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing market
rates and conditions. The applicant's counsel shall simultaneously
submit a separate opinion of counsel expressing such counsel's opinion
as to the enforceability of such binding, irrevocable letter of commitment
by the Borough under the laws of the State of New Jersey. The letter
of commitment shall be recorded prior to issuance of a building permit.
The letter shall commit and be binding upon the tower owner and successors
in interest.
E.
Elevations of the proposed tower and accessory building generally
depicting all proposed antennas, platforms, finish materials and all
other accessory equipment.
F.
A copy of the lease or deed for the property.
G.
A plan which shall reference all existing wireless telecommunications
facilities in the Borough, any such facilities in the abutting towns
which provide service to areas within Milford Borough, and any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities.
H.
A three-hundred-sixty-degree perspective of the proposed tower at
the proposed location from distances of 1,000 feet, 1/2 mile, one
mile and two miles, drawn to an appropriate scale.
A.
The wireless telecommunications tower shall be designed and constructed
so as to accommodate at least three antenna arrays of separate telecommunication
providers (the applicant's, plus two co-locators).
B.
Signs shall not be permitted except for a sign displaying owner contact
information, warnings, equipment information and safety instructions.
Such sign shall not exceed two square feet in area. No commercial
advertising shall be permitted on any wireless telecommunications
facility.
C.
Lighting.
(1)
No lighting is permitted except as follows: wireless telecommunications
equipment compounds enclosing electronic equipment may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
(2)
No lighting is permitted on a wireless telecommunications tower.
D.
Wireless telecommunications antennas and towers shall be maintained
to assure their continued structural integrity. The owner of the tower
or antenna shall also perform such other maintenance of the structure
and of the site as to assure that it does not create a visual nuisance.
E.
Wireless telecommunications towers shall be of a color appropriate
to the tower's locational context and to make it as unobtrusive as
possible, unless otherwise required by the Federal Aviation Administration
(FAA).
F.
Wireless telecommunications facilities shall be surrounded by security
features such as a fence. All towers shall be designed with anti-climbing
devices in order to prevent unauthorized access. Additional safety
devices shall be permitted or required, as needed, and as approved
by the approving authority.
G.
Any proposed new telecommunications tower shall be a monopole unless
the applicant can demonstrate that a different type pole is necessary
for the co-location of additional antennas on the tower. Such towers
may employ camouflage technology.
H.
No equipment shall be operated so as to produce noise in excess of
the limits set by the local noise ordinance, except for in emergency
situations requiring the use of a backup generator.
I.
Wireless telecommunications towers and antennas shall be constructed
to the Electronic Industries Association/Telecommunications Industries
Association (ELA/TIA) 222 Revision F Standard, titled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent), as it may be updated or amended.
A.
Whenever antennas are modified, operators of wireless telecommunications
facilities shall provide to Milford Borough a report from a qualified
expert certifying that a wireless telecommunications tower or building
or other support structure as modified complies with the latest structural
and wind loading requirements as set forth in the Building Officials
and Code Administrators (BOCA) International, Inc., Code and the ELA/TIA
standard referenced above. Such modifications shall be subject to
site plan review and approval.
B.
Operators of wireless telecommunications facilities shall notify
Milford Borough when the use of such antennas and equipment is discontinued.
Facilities that are not in use for wireless telecommunications purposes
for six months shall be removed by the provider at its cost. The removal
shall occur within 90 days of the end of such six-month period. Upon
removal, the site shall be cleared, restored and revegetated to blend
with the existing surrounding vegetation at the time of abandonment.
Federal Communications Commission licensed wireless telecommunications
providers are encouraged to construct and site their facilities with
a view toward sharing facilities with other utilities, co-locating
with other existing wireless facilities and accommodating the co-location
of other future facilities where technically, practically and economically
feasible.
[Amended 11-20-2023 by Ord. No. 973-2023]
[Amended 5-16-2011 by Ord. No. 775-2011; 10-5-2015 by Ord. No. 837-2015; 11-20-2023 by Ord. No. 973-2023]
A.
Purpose. The purpose of this section is to provide requirements for
eligible facilities requests for modifications to an existing tower
or base station that do not constitute a substantial change, as defined
by 47 C.F.R. Section 1.6100, as may be amended.
B.
Application; review; remedies.
(1)
Application. All applicants shall submit the information necessary
for the Borough to consider whether an application is an eligible
facilities request, as set forth in the eligible facilities request
application form provided by the Borough of Milford Joint Land Use
Board. The applicant will not be required to demonstrate a need or
business case for the proposed modification that constitutes an eligible
facilities request.
(2)
Type of review. Upon receipt of an eligible facilities request
application form pursuant to this article, the Zoning Officer shall
review such application to determine whether the application so qualifies.
(3)
Time frame for review. Within 60 days of the date on which an
applicant submits an application seeking approval under this article,
the Zoning Officer shall approve the application with or without conditions
unless the Zoning Officer determines that the application is not covered
by this article, in which case the Zoning Officer shall deny the application.
(4)
Tolling of the time frame for review. The sixty-day review period
begins to run when the application is filed, and may be tolled only
by mutual agreement by the Borough of Milford Joint Land Use Board
and the applicant, or in cases where the Zoning Officer determines
that the application is incomplete.
(a)
To toll the time frame for incompleteness, the Zoning Officer
must provide written notice to the applicant within 30 days of receipt
of the application, specifically delineating all missing documents
or information required in the application.
(b)
The time frame for review begins running again when the applicant
makes a supplemental submission in response to the Zoning Officer's
notice of incompleteness.
(c)
Following a supplemental submission, the Zoning Officer will
notify the applicant within 10 days that the supplemental submission
did not provide the information identified in the original notice
delineating missing information. The time frame is tolled in the case
of second or subsequent notices pursuant to the procedures identified
in this section. Second or subsequent notices of incompleteness may
not specify missing documents or information that was not delineated
in the original notice of incompleteness.
(5)
Not a covered request. If the Zoning Officer determines that
the applicant's request for co-location is a substantial change
to co-location on an existing structure, as defined in this chapter,
the presumptively reasonable time frame, as prescribed by the Federal
Communications Commission's shot clock order, will begin to run
from the issuance of the Zoning Officer's decision that the application
is not a covered request. To the extent such information is necessary,
the Zoning Officer may request additional information from the applicant
to evaluate the application. When the Zoning Officer determines that
such an application constitutes a substantial change, applicable portions
of this chapter and the Milford Borough ordinances must be complied
with, including but not limited to the requirement for site plan review
and application for variances.
(6)
Failure to act. In the event the Zoning Officer fails to approve
or deny a request seeking approval under this article within the time
frame for review (accounting for any tolling), the request shall be
deemed granted. The deemed grant does not become effective until the
applicant notifies the Borough of Milford Joint Land Use Board in
writing after the review period has expired (accounting for any tolling)
that the application has been deemed granted.
(7)
Remedies. Applicants and the Borough of Milford or its agents
may bring claims related to this article to any court of competent
jurisdiction.
