[Adopted 4-3-2014 by Ord. No. 2014-08]
The purpose of this article is to provide sound land use policies and establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities.
A. 
To protect residential areas and land uses from potential adverse impacts of towers and antennas;
B. 
To encourage the location of towers on municipally owned property where appropriate or in other nonresidential areas;
C. 
To encourage the location on existing buildings, telecommunication towers and water towers as opposed to construction of new telecommunications towers;
D. 
To encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
E. 
To 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 developers 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 and landscape screening; and
F. 
To secure the removal of towers once they become obsolete or unused for an extended period of time.
Entities seeking approval of new personal wireless telecommunications facilities shall, in addition to their compliance with existing legal and regulatory requirements, show that the planned facilities also comply with the following objectives:
A. 
To the extent that is practical, use of existing facilities inside the Township and its immediate vicinity.
B. 
If such usable facilities exist, then also to the extent that it is practical, use of facilities that are owned by the Township.
C. 
If usable existing facilities do not exist, then to the extent that is practical, use of property owned by the Township.
D. 
Improvement of opportunities for co-location, by either:
(1) 
Co-locating on an existing facility; or
(2) 
Constructing and designing new facilities so as to maximize the opportunity of co-location for additional providers.
E. 
Compliance with the co-location policy presented in § 166-54, Co-location policy (both as a new provider before approval and as an existing provider after approval).[1]
[1]
Editor's Note: Cross references in this subsection amended by Ord. No. 2014-08.
F. 
If a new tower is on lands not owned by the Township of West Deptford, then they shall be permitted in the M-2 Heavy Manufacturing Zone.
A. 
Co-location goals.
(1) 
To the extent possible, each provider shall make its existing facilities available and will design and make all future structures available for use by other providers in accordance with the policies set forth in this section.
B. 
Limiting principle. The Township recognizes that a lessee may grant no more rights than it has under a lease. The co-location policies under this section are always subject to the basic limiting principle.
C. 
Equal access.
(1) 
Space on existing and proposed facility structures shall be made available to other providers in accordance with the process described below.
(2) 
Request for co-location shall be considered in a timely manner.
(3) 
No reciprocal agreements (i.e., quid pro quo access to another structure owned by the party requesting co-location) shall be required to make an applicant eligible for co-location.
(4) 
To facilitate initial and future co-locations, master agreements are encouraged.
(5) 
The primary provider on a proposed facility structure shall attempt to ensure that the lease allows for co-location by proposing and advocating lease agreement language that permits subleasing. Where the lessor does not permit subleasing, the provider agrees to be supportive of potential users in their attempts to work with the lessor.
(6) 
Notice of construction of new structures shall be provided in accordance with site plan review regulations.
E. 
Design of tower structures.
(1) 
Tower structures shall be load designed to allow sufficient room for cables, antennas and equipment of future co-locations 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.
(2) 
The tower structure shall be designed to allow antenna attachment and independent maintenance at various heights.
(3) 
In general, tower structure shall be designed so as to be easily expandable to a height of 180 feet above ground level.
(4) 
Relocation of existing antennas on a tower structure to accommodate a new co-locator is permitted if the new location(s) meet the existing co-locator's needs and the cost of the relocation is borne by the new co-locator. The relocation plans and schedules must be coordinated with the tower structure owner and in compliance with the lease agreement.
(5) 
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.
F. 
Access and utilities.
(1) 
Each co-locator shall be responsible for obtaining and maintaining its respective required electric and telephone utility services independently. The facility structure owner or the first provider to use the facility shall inform the telephone and electrical companies, at the time of its utility installation, of the fact that the site may be occupied by other users in the future. Co-locator shall have:
(a) 
A nonexclusive right of access for ingress and egress, seven days a week, 24 hours a day, for the installation and maintenance of utility wires, poles, cables, conduits and pipes either over the ground or underground, extending from the most appropriate public right-of-way to the tower structure area; and
(b) 
Access privileges to the facility area for all authorized personnel of co-locators for the maintenance and operation of their respective facilities.
G. 
Co-location procedures.
(1) 
Application. When a provider has identified a need for service in an area where there is an existing or proposed facility structure, the provider (the new provider in the sequel) may contact the user of an existing facility (the existing provider in the sequence) and request key information, such as the exact location, geographical coordinates, height and available ground space within the structure lease area. Contact information of existing providers shall be maintained by the Township. If the new provider decides to pursue co-location on the structure, a formal application that contains information about the new provider's radio frequency requirements, antenna specification, equipment shelter dimensions, height of antennas, and other relevant parameters shall be provided to the facility owner and the existing provider. The application shall be reviewed by the facility owner and the existing provider for any potential radio frequency interference issues, facility structural effects, utility concerns, security or access issues, space availability, and lease terms and regulatory compliance.
(2) 
Approval. The application shall be approved if there are no significant service disruptions or service-affecting interference with existing signals, site operations, lease terms, regulatory conditions, or structural integrity of the facility. It is recognized that existing site restrictions and technical incompatibility may not always permit co-location. Should a structural analysis prove that the facility structure would not hold the additional antennas and equipment requested, the new provider may investigate with the facility owner and the existing provider the possibility, feasibility and cost of modifying the facility structure or increasing the height up to 180 feet, and relocating all existing users as necessary to accommodate the new provider's needs, as well as the existing facilities and possible future co-locators. If the new provider is able to pursue such reconstruction and/or relocation of antennas, and these activities are feasible, the existing provider will allow them, provided such actions do not cause significant service disruptions or long-term service causing interference with existing signals and do not cause significant interference with site operations, lease terms, regulatory conditions, or future needs to the existing provider. Unless otherwise negotiated and modified, the existing provider and the owners of the facility would retain all rights previously held, including, but not limited to, those regarding facility ownership. Reasons for any denial of co-location requests shall be provided to the applicant by the facility structure owner in writing.
(3) 
Contract and site development. Once the facility owners and the existing provider approve the co-location application, a co-location package shall be supplied to the applicant by the owner, including site plans and facility drawings. Concurrently, a license, sublease or other appropriate agreement shall be prepared, reviewed and executed by the parties.
Once an agreement for the specific site has been executed, site development and design shall be coordinated between the facility owner and the applicant. Right-of-way access shall be provided in accordance with the agreement. The new provider shall also contract with a design firm to prepare site plans and construction drawings, as required, and prepare the application for all required regulatory site plan approvals. When the new provider has secured permits, a preconstruction meeting will be scheduled to ensure that all guidelines are followed in the planning and construction process, with emphasis on safety and security. Once construction is completed, access privileges to the secured lease area shall be provided for all authorized personnel of the users of the facility for maintenance and operation in accordance with the agreement.
(4) 
Application period; emergency services; compliance with law. Applications to co-locate will continue to be accepted by the facility owner for a site as long as support structure space and underground space are still available. If sufficient ground space is not available, the existing provider agrees to be supportive of potential users in their attempts to negotiate with the lessor. Applications will be accepted on a first-come, first-served basis until the support structure can no longer hold additional facilities without compromising the service of existing co-locators or the structural integrity of the facility structure. Co-location opportunities may be offered to emergency service providers free of facility rental charges; using the procedures outlined in this section. All providers must operate in compliance with all applicable local, state and federal laws, rules and regulations.
A. 
In an effort to minimize the negative impacts of personal wireless facilities, providers shall adhere to the following policy regarding facility erection and construction, facility dismantling, and usage reporting.
(1) 
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.
(2) 
A report on usage of the facility by the provider and others shall be filed annually, on or before the first of May, with the Township Clerk indicating usage of the antenna site. The report shall include the names and addresses of providers and other who use the site. Suspensions of service and service discontinuances exceeding two weeks shall be reported as well.
(3) 
Should the facility not be used by any exclusive provider, or all providers at a given site for a period exceeding six months, the facility and all related systems and structures, including foundations, shall be dismantled at the applicant's expense. "Dismantle" shall be defined as the removal of any and all improvements. Said improvements shall be removed from the subject site and the affected property restored to its original condition and appearance within six months after being notified by the Township of the applicant's obligation to dismantle said site. Proper disposal of waste materials from the site shall be in accordance with local, county and state solid waste disposal regulations.
A. 
A fundamental assumption of this article is that, if new personal wireless telecommunications facility in West Deptford were needed, then they would improve the level of service to customers where this level was inadequate without the proposed facilities. Currently, portions of the Township receive either inadequate or limited wireless service, and the Township's goal for the personal wireless telecommunications facility plan is to provide adequate service inside the Township while minimizing the negative effects of these facilities. Adequate service does not necessarily mean optimal service.
B. 
In evaluating the need for service, the providers shall rely upon two widely recognized parameters that help to define service levels. These are to be used uniformly by the providers in applications consisting of:
(1) 
Signal-to-interference ratio at audio. This parameter describes the ratio of power of the intended (desired) audio signal in the customer audio band (typically 30 to 3,400 Hz) to the power level of interference from all other sources in the same frequency band. In personal wireless radio, interference is typically the result of other signals in the same (RF) frequency band present due to the practice of frequency reuse in other cells. If non-audio services are provided in addition to audio services, the signal-to-noise interference ratio at audio will be considered as the primary criterion (compared to signal to interference ratios in other bands). If only non-audio services are provided, determination of signal to interference ratio in other than the audio band shall be taken into consideration.
(2) 
Dropped call rate. This parameter represents the ratio of dropped calls to the total number of active calls in a service area. The dropped call rate is measured over a period of time. A dropped call is a previously active call, which was ended due to a non-availability of personal wireless services to customers in the service area. For purposes of this plan non-availability in the service area refers to customers (and equipment that serves customers) who are physically present inside West Deptford Township and is limited to services and equipment of the providers who service these customers.