[Added 4-22-2019 by Ord.
No. 2019-19]
A.
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
CO-LOCATION
FALL ZONE
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
RADIO FREQUENCY (RF) ENGINEER
RADIO FREQUENCY RADIATION (RFR)
STEALTH DESIGN
STRUCTURE-MOUNTED
WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES
For the purposes of this article, certain phrases and words are herein
defined as follows:
Man-made trees, clock towers, bell steeples, flagpoles, sculptural
design 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 communication signals. Parabolic dish antennas 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 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.
Cellular radio, personal communication 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
cables (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 tower 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.
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna which has been lawfully erected prior
to the effective date of this article, 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 article, 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").
The structure or surface upon which antennas are mounted,
other than a building or on the ground.
A Federal Communications Commission (FCC) licensed facility
(monopole or lattice framework) designed and used for the purpose
of transmitting, receiving, and relaying voice and data signals from
various wireless communication devices, including 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, and noncellular
telephone service are not telecommunications facilities. "Wireless
telecommunications towers" shall also mean the associated facilities
for the tower.
All new telecommunications towers or antennas in the Township
shall be subject to these regulations.
A.
New lattice towers and any type of guyed tower are prohibited.
B.
Preexisting telecommunications towers and/or antennas shall not be required to meet the requirements of this section other than the requirements of § 154-197 herein. However, where any enlargement of a tower and/or additional antennas are proposed, the requirements of this section herein shall apply as feasible and practical as determined by the Zoning Board of Adjustment and/or the Planning Board.
C.
This section shall not govern any parabolic dish antennas used for
transmission or reception of radio signals associated with satellites
or the installation of any amateur radio station operators/receive
only antennas.
D.
Telecommunications towers and antennas shall be regulated and permitted
pursuant to this section and shall not be regulated or permitted as
essential services, public utilities, or private utilities.
E.
If the entity requesting the erection of an antenna tower or similar
facility (the applicant) is not a provider, then no facility may be
constructed unless there exists a signed agreement between the applicant
and at least one provider for the immediate and continuous use of
the facility by the provider.
A.
All telecommunications facilities shall be conditional uses within
the Township.
B.
The applicant must meet the following requirements for conditional
use approval:
(1)
Telecommunications towers shall be located on lands owned by
the Township and the Municipal Utilities Authority.
(2)
Telecommunications towers shall be located within the MCD Major
Commercial, SRI Specially Restricted Industrial, or the I Industrial
Districts.
(3)
Telecommunications towers shall be monopoles only and shall
be designed to accommodate at least five carriers. The maximum height
of such towers shall be 150 feet or the height permitted by FAA regulations,
whichever is less.
(4)
The lot size shall on which the facility is to be located is
a minimum of two acres in area.
(5)
The proximity of the tower and associated facilities shall be
located at least 1,000 feet minimum from residential use and residential
district boundaries.
(6)
Compatibility with uses on adjacent and nearby properties.
(7)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness,
including stealth designs.
(8)
Availability of suitable preexisting towers, alternative tower
structures, other structures or alternative technologies not requiring
the use of towers or structures.
(9)
Availability of proposed tower to other potential carriers.
A.
Wireless telecommunications facilities are permitted and preferred
in the following areas of the Township:
(1)
The first priority shall be an existing tower or an existing
or proposed water tower owned by either a public or private utility
of the Township, within or near the Township of Mount Laurel.
(2)
The second priority shall be the location of antenna(s) on existing
utility poles or transmission lines.
(3)
The third priority shall be an antenna on an existing building
in the Industrial District.
(4)
The fourth priority shall be new towers on lands owned by the
Township of Mount Laurel and the Municipal Utilities Authority (excluding
parkland, school property, etc.).
(5)
The fifth priority shall be new towers on lands not owned by
the Township of Mount Laurel, but within the MCD Major Commercial,
SRI Specially Restricted Industrial, and I Industrial Districts.
B.
Wireless telecommunications facilities are prohibited on all lands
used for public and private schools and parkland.
A.
Site plan approval shall be required for all new telecommunications
facilities, including modifications to or addition of new telecommunications
facilities to preexisting towers, buildings or other structures, excluding
improvements in accordance with N.J.S.A. 40:55D-46.2.
B.
In addition to the site plan submission requirements of the development regulations, per § 124-9, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
(1)
A 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 Mount Laurel.
The comprehensive service plan shall indicate the following:
(a)
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Township of Mount
Laurel.
(b)
How the proposed location of the antennas relates to the location
of any existing towers within and/or near the Township of Mount Laurel.
(c)
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 Mount Laurel by both the applicant and by other providers
of telecommunications services within the Township of Mount Laurel.
(d)
How the proposed location of the antennas relates to the objective
of co-locating the antennas of different service carriers on the same
tower.
(e)
How the proposed location of the antennas relates to the overall
objective of providing full telecommunications services within the
Township of Mount Laurel while, at the same, limiting the number of
towers to the fewest possible.
(2)
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 Board to be necessary
to assess compliance with this article.
(3)
Legal description of the entire tract and leased parcel (if
applicable).
(4)
The setback distance between the proposed tower and the nearest
residential unit and residentially zoned properties.
(5)
The separation distance from other towers and antennas.
(6)
A landscape plan showing specific landscape materials, including,
but not limited to, species type and size, spacing, and existing vegetation
to be removed or retained.
(7)
Method of fencing and finished color and, if applicable, the
method of camouflage.
(8)
A description of compliance with all applicable federal, state
or local laws.
(9)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(10)
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.
(11)
A letter of commitment to lease excess space to other potential
users at prevailing market rates and conditions. The letter of commitment
shall be in 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.
(13)
An analysis of the radio frequency radiation (RFR) levels at
the facility as a means of assessing compliance with the FCC radio
frequency (RF) safety criteria. This analysis shall:
(a)
Take into consideration all co-located radio transmitting antennas
and/or nearby antennas that could contribute to RFR levels at the
facility.
(b)
Be performed by an RF engineer, health physicist or similar
knowledgeable individual.
(c)
Follow current methods recommended by the FCC for performing
such analyses.
A.
A visual impact assessment shall be submitted as part of site plan
approval in order to determine any adverse effects on the visual environment.
The Board shall review the visual impact assessment in the context
of the overall design of the proposed wireless facility and the relationship
of the proposed facility to the built and natural environments.
B.
The visual impact assessment shall consist of written and graphic
materials which includes the following information:
(1)
A description of the proposed project shall be presented to
indicate the extent to which the site must be altered, the type of
facilities to be constructed.
(2)
The assessment shall contain, 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 to
ensure various potential views are represented.
(3)
The compatibility or incompatibility of the proposed telecommunications
towers and facilities shall be described in relation to the Township
of Mount Laurel Master Plan.
(4)
The suitability of the site for the intended wireless telecommunications
use which shall include a description of environmental conditions
on the site and a map of those portions of the site that can be considered
to have unique scenic qualities and any scenic view from the site.
(5)
The negative and positive visual impacts of the project shall
be discussed.
(6)
The applicant shall indicate the measures which will be employed
to minimize or eliminate negative visual impacts on and off site.
(7)
A discussion of site design and project location alternatives
that were considered shall be provided. The discussion shall indicate
why an alternative was rejected if it would have resulted in less
of a negative impact than the proposed development.
(8)
A shadow analysis shall be required on a case-by-case basis,
to be determined by the Board. The proposal shall analyze and demonstrate
the impact of the telecommunications tower and facilities on its surroundings
showing the maximum extent of the shadow lengths on December 21 in
the a.m., noon and p.m.
(9)
Applicants shall provide suitable mitigation for all adverse
visual impacts and other conditions identified in the visual impact
assessment and/or during the public hearings before the appropriate
municipal board.
A.
New towers and facilities.
(1)
New telecommunications towers shall not be located closer than
1,000 feet to a residential property line. All antennas located on
existing buildings or structures, including towers, are exempt from
this requirement.
(2)
A fall zone shall be established such that the tower is setback
150% of the height of the tower from any adjoining lot line or non-appurtenant
building.
(3)
Towers shall be enclosed by security fencing of ornamental design with a total fence height not to exceed eight feet, in accordance with § 154-142C. If applicable, fencing camouflage should be provided.
(4)
Towers shall also be equipped with appropriate anticlimbing
measures or devices.
B.
Co-location.
(1)
The Township of Mount Laurel requires that licensed carriers
share personal wireless service facilities and sites where feasible
and appropriate, 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 shall
demonstrate a good faith effort to co-locate with other carriers.
Such good faith effort includes:
(a)
A survey of all existing structures that may be feasible sites
for co-locating personal wireless service facilities;
(b)
Sharing information necessary to determine if co-location is
feasible under the design configuration most accommodating to co-location;
and
(c)
A copy of a proposed lease or affidavit of compliance with this
section.
(d)
Fees. The application for a zoning permit for co-location of
a cellular antenna or equipment relating to cell tower co-location
must be accompanied by the required fee. Building permit fees shall
be set by the Township's Construction Office.
(2)
Tower structures shall be designed to allow sufficient room
for cables, antennas and equipment of future co-locators and to support
the anticipated weight and wind load of their future additional facilities.
Space for ground-level maintenance, equipment shelters, and switching
facilities shall be reserved for future co-locators to the extent
practical.
(3)
The tower structure shall be designed to allow antenna attachment
and independent maintenance at various heights.
(4)
If any modifications (such as lease, structure, ground space)
are required for an existing structure, the provider shall attempt,
at the time such modification is made, to make the site and structure
suitable for co-location, both within the existing lease and otherwise.
(5)
In the event that co-location is found to be not technically
feasible, a written statement of the reasons for the unfeasibility
shall be submitted to the Township. The Township may retain a technical
expert in the field of RF engineering to verify if co-location is
feasible. 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 best efforts to provide for co-location.
(6)
If the applicant does intend to co-locate or to permit co-location,
plans and elevations, which show the ultimate appearance and operation
of the personal wireless service facility at full build-out shall
be submitted.
(7)
Co-location shall be provided at fair market value rental rates.
These rates shall take into account rates in comparable leases for
similar sites and any site development costs incurred by the structure
owner/operator during the site design, approvals, construction and
maintenance stages for the site in question.
C.
Landscape and buffer requirements.
(1)
Every structure shall be landscaped with a buffer of at least
50 feet in width with plantings, fence, or other physical divider
along the outside of the perimeter sufficient to impede the view of
the interior of the premises in which the wireless telecommunications
towers and facilities is located.
(2)
The standard buffer shall consist of a landscaping surrounding
the outside perimeter of the compound with evergreen trees at least
eight feet high at time of planting and planted in staggered double
alternating rows, 10 feet on center. (These plantings must be located
outside the proposed fencing for the site; therefore, care should
be taken during the leasing stages for the tower site to allocate
and include these additional lands for such plantings.)
(3)
An additional buffer zone shall be provided of at least 15 feet wide to separate telecommunications tower facilities from a residential zone or residential use. Additional buffering will include a densely planted buffer of evergreen trees in accordance with § 154-68 and at least eight feet high at the time of planting.
(4)
A planting "pyramid" plan may be required to assist in the effective
screening of the tower itself. This planting "pyramid" should be located
to screen view-sheds from neighboring sites and should include the
planting of tall growing trees surrounding the site and spreading
out over the site in clusters. Those clusters should be strategically
located in areas determined by the Board's professionals to be overly
impacted by the sight of the proposed tower.
(5)
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible.
D.
Lighting. No lighting shall be permitted except the following, which
shall be subject to review and approval by the Planning Board as part
of the site plan application:
(1)
The building enclosing electronic equipment may have one light
at the entrance 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 authorized personnel are at the building; and
(2)
No lighting is permitted on a tower except lighting that specifically
is required by the FAA, and any such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
E.
Signs. Signage shall not detract from the appearance and character
of the surrounding neighborhood. No signs shall be 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 equipment information signs and
warning signs providing notice that the premises are off limits.
A.
A report on usage of the facility by the provider and others shall
be filed within the first 90 days of operating and on an annual basis
to the Township indicating usage of the antenna site. The report shall
include the names and addresses of providers and others who use the
site, whether or not users are licensed by the FCC to provide personal
wireless services, whether or not users' equipment is in operation,
and whether or not users provide active service to the community (including
transmitting and receiving radio frequency signals) from the site.
Suspensions of service and service discontinuities exceeding two weeks
shall be reported as well.
B.
After the wireless telecommunications facility is operational, the
applicant shall submit within the first 90 days of operating and on
an annual basis from the date of issuance of the building permit existing
measurements of radio frequency radiation (RFR) from the wireless
telecommunications facility. Such measurements shall be signed and
certified by a radio frequency (RF) engineer, stating that RFR measurements
are accurate and meet FCC guidelines as specified in the radio frequency
standards section of this bylaw.
C.
The applicant and co-applicant 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. Should any plant material not survive at the location,
the applicant will be fully responsible for replanting of like material
at a size comparable to that existing at the site.
D.
To ensure the structural integrity of towers, the owner of a tower
shall ensure that it is maintained in compliance with 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 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.
A.
Should the towers and facilities not be used by any provider for
a period exceeding six months, the towers and facilities and all related
systems and structures shall be dismantled at the applicant's expense.
B.
Upon abandonment or discontinuation of use, the carrier shall physically
remove the wireless service facility within 90 days from the date
of abandonment or discontinuation of use. Removal shall include, but
is not 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 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.
