[Ord. No. 98-20, § 1.]
Whereas, the federal government, through the Federal Communications
Commission (FCC), has issued personal wireless telecommunication licenses
for personal telecommunication services and other wireless technologies;
and
Whereas, the FCC requires license holders to provide coverage
to areas where personal wireless telecommunications licenses have
been acquired and this may require that such facilities be constructed
in specified locations and manners determined by engineering standards
to achieve such coverage; and
Whereas, the Federal Telecommunications Act of 1996 (FTA) preserves
local zoning authority to reasonably regulate personal wireless telecommunication
facilities (PWTFs); but the FTA mandates that localities may not unreasonably
discriminate among FCC license holders and that localities cannot
prohibit or adopt regulations which have the effect of prohibiting
the provision of wireless services, and the FTA gives the FCC sole
jurisdiction over radio frequency emissions of PWTFs so long as PWTFs
meet FCC standards; and
Whereas, it is necessary to reasonably regulate PWTFs and associated
personal wireless telecommunications equipment facilities (PWTEFs)
to minimize potential aesthetic impacts; and
Now therefore, there is a need for new provisions in the Princeton
Township land use code to address the siting of PWTFs and PWTEFs.
[Ord. No. 98-20, § 1; Ord. No. 2004-11, § 1.]
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building and on which one or more antennas are located.
Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communication technology and/or placement of a PWTF on a structure.
Facilities serving and subordinate in area, extent and purpose
to, and on the same lot as, a telecommunications tower or antenna
location. Such facilities include, but are not limited to, transmission
equipment, equipment cabinets, storage sheds, storage buildings, and
security fencing.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structure,
telecommunications towers, and related facilities other than PWTEFs.
The Township of Princeton and the Borough of Princeton, in
the County of Mercer, and State of New Jersey.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication 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 non-cellular telephone
service.
[Ord. No. 98-20, § 1.]
The purpose of this subdivision is to provide sound land use
policies, procedures and regulations for personal wireless telecommunications
facilities to protect the Princeton community from the visual or other
adverse impacts of these facilities, while encouraging their unobtrusive
development to provide comprehensive wireless telecommunications services
in the Princeton community with its benefits to residents and businesses.
The ordinance expresses a preference that antennas be located on existing
buildings and towers, preferably on municipal or other public property,
and not on newly constructed telecommunications towers; and encourages
collocation and site sharing of new and existing PWTFs.
[Ord. No. 98-20, § 1.]
(a)
Height standards. Where permitted, PWTFs may exceed the maximum
building height limitations, provided the height has the least visual
impact and is no greater than required to achieve service area requirements
and potential collocation, when visually appropriate. PWTEFs are limited
to 12 feet in height.
(b)
Setback standards. All PWTF and PWTEF shall be subject to the
minimum yard requirements of the zoning district in which it is located,
provided the minimum setback may be increased where necessary to address
safety concerns. If PWTEFs are located on the roof of a building,
the area of the PWTEFs and other equipment and structures shall not
occupy more than 25% of the roof area.
[Ord. No. 98-20, § 1; Ord. No. 2004-11, § 2.]
If needed in accordance with an overall comprehensive plan for
the provision of full wireless communications service within the Princeton
community, PWTFs and PWTEFs shall be permitted as a conditional use
in all districts. Proposals on lower priority sites with less visual
impact, assessed under section 10B-272.55, shall take preference over
higher priority sites. Locational priorities shall consist of the
following:
(a)
The first priority location shall be on lands or structures
owned by Princeton Township if feasible and available;
(b)
The second priority location shall be on lands or structures
owned by the Princeton Regional School District if feasible and available;
(c)
The third priority location shall be collocation on existing
PWTFs (or existing water tanks) provided that the new installation
does not increase the height by more than 10%;
(d)
The fourth priority location shall be existing buildings, steeples,
bell towers, poles or other structures which can be used for PWTEFs
and PWTFs in such a manner as to render the antennas and related equipment
as visually unobtrusive as possible.
(e)
The fifth priority location shall be such locations as the applicant
proves are essential to provide required service to the Princeton
community.
[Ord. No. 98-20, § 1; Ord. No. 2004-11, § 3.]
All PWTFs and PWTEFs shall be located to minimize visual impacts
on the surrounding area in accordance with the following standards.
In applying these standards, locations in a higher priority category
under section 10B-272.54 shall be deemed more acceptable than lower
priority sites.
(a)
Sites for PWTFs and PWTEFs must demonstrate that they provide
the least visual impact on residential areas and public way. All potential
visual impacts must be analyzed to illustrate that the selected site
provides the best opportunity to minimize the visual impact of the
proposed facility.
(b)
PWTEFs should be located to avoid being visually solitary or
prominent when viewed from residential areas and the public way. The
facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
(c)
PWTFs and PWTEFs 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 telecommunication
facilities.
(d)
The applicant must document they are using the least visually
obtrusive technology to provide the required service. The applicant
must present to the board of jurisdiction information on the available
technologies for the proposed location and document that the selected
technology has the least visual impact.
(e)
The standards set forth in section 10B-321 shall not apply.
(f)
The board may waive any of the above standards upon the applicant
showing that enforcement would prevent the applicant from satisfying
its license requirements.
[Ord. No. 98-20, § 1; Ord. No. 2004-11, § 4.]
The following design standards shall apply to PWTFs and PWTEFs
installed or constructed pursuant to the terms of this subdivision:
(a)
Collocation. Ordinance limitation on the number of structures
on a lot (e.g., section 10B-276 and 10B-276.1 of the Township Code)
shall not apply when PWTFs and PWTEFs are located on a lot with buildings
or structures already on it. See also section 10B-272.57.
(b)
Fencing and Other Safety Devices. PWTFs and PWTEFs shall be
surrounded by security features such as a fence which prevent unauthorized
access. Other safety measures such as anti-climbing devices may be
considered by the board in accordance with applicable federal U.S.
Department of Labor, Occupational Safety and Health Administration
standards and state building code requirements.
(c)
Landscaping. Landscaping shall be provided along the perimeter
of the security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All PWTEFs shall be screened by
an evergreen hedge eight to 10 feet in height at planting time and/or
a solid fence eight feet in height.
(d)
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 PWTF or PWTEF.
(e)
Color. PWTFs and PWTEFs shall be of a color appropriate to the
locational context and to make them as unobtrusive as possible, unless
otherwise required by the Federal Aviation Administration (FAA).
(f)
Activity and Access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for onsite
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.
(g)
Dish Antennas. Dish antennas shall be colored, camouflaged or
screened to make them as unobtrusive as possible and in no case shall
the diameter of a dish antenna exceed 18 inches.
(h)
Lighting. No lighting is permitted except as follows:
(1)
PWTEFs enclosing electronic equipment may have security and
safety lighting at the entrance or point of enclosure, 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 PWTF 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 towards adjacent and nearby properties.
(i)
Monopole. Any proposed new telecommunications tower shall be
a "monopole" unless the applicant can demonstrate, that a different
type pole is necessary for the collocation of additional antennas
on the tower. Such towers may employ camouflage technology.
(j)
Noise. 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.
(k)
Radio Frequency Emissions. The FTA gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission and PWTFs
which meet the FCC standards shall not be conditioned or denied on
the basis of RF impacts. Applicants shall provide current FCC information
concerning PWTFs and Radio Frequency emission standards. PWTFS shall
be required to provide information on the projected power density
of the proposed facility and how this meets the FCC standards.
(l)
Structural Integrity. PWTFs must be constructed to the Electronics
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.
(m)
Maintenance. PWTFs shall be maintained to assure their continued
structural integrity. The owner of the PWTF shall also perform such
other maintenance of the structure and of the site as to assure that
it does not create a visual nuisance.
[Ord. No. 98-20, § 1; Ord. No. 2004-11, § 5.]
It is the policy of the Township of Princeton to minimize the
number of PWTFs and to encourage the collocation of antenna arrays
of more than one wireless telecommunications service provider on a
single support tower. In furtherance of this policy:
(a)
The municipal engineer shall maintain an inventory of existing
PWTF locations within or near the Princeton community.
(b)
An applicant proposing a PWTF at a new location shall demonstrate
that it made a reasonable attempt to find a collocation site that
is technically feasible and that none was practically or economically
feasible. The applicant shall include in its design the opportunity
for collocation by others or explain why collocation is not feasible.
Applications within the fourth locational priority are exempt from
this requirement.
(c)
Each application for a PWTF shall be accompanied by a plan which
shall reference all existing PWTF locations in the applicant's Princeton
community inventory, any such facilities in the abutting towns which
provide service to areas within the Princeton community, any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities.
(d)
Each applicant shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(1)
How the proposed location of the PWTF relates to the objective
of providing full wireless communication services within the Princeton
community at the time full service is provided by the applicant throughout
the Princeton community;
(2)
How the proposed location of the proposed PWTF relates to the
location of any existing antennas within and near the Princeton community;
(3)
How the proposed location of the proposed PWTF relates to the
anticipated need for additional antennas within and near the Princeton
community by the applicant and, to the extent known, by other providers
of wireless communication services within the Princeton community;
(4)
How the proposed location of the proposed PWTF relates to the
objective of collocating the antennas of many different providers
of wireless communication services on the same PWTF. Applications
within the fourth locational priority are exempt from this requirement;
and
(5)
How its plan specifically relates to and is coordinated with
the needs of all other providers, to the extent known, of wireless
communication services within the Princeton community.
(e)
The Planning Board may retain technical consultants as it deems
necessary to provide assistance in the review of the site location
alternatives analysis. The service provider shall bear the reasonable
cost associated with such consultation, which cost shall be deposited
in accordance with Princeton's escrow provisions.
[Ord. No. 98-20, § 1.]
Any PWTF that is not operated for a continuous period of 12
months shall be considered abandoned. If there are two or more users
of a single PWTF, then the abandonment shall not become effective
until all users cease using the PWTF for a continuous period of 12
months. The owner of such PWTF shall remove same within 90 days of
notice from the zoning officer that the PWTF is abandoned. If such
PWTF is not removed within said 90 days, the municipality may remove
such PWTF 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
one year reuse period may be extended for a period not to exceed one
additional year.
[Ord. No. 98-20, § 1.]
PWTFs in existence on the date of the adoption of this subdivision,
which do not comply with the requirements of this subdivision (nonconforming
PWTFs) are subject to the following provisions.
(a)
Nonconforming PWTFs may continue in use for the purpose now
used, but may not be expanded without complying with this subdivision.
(b)
Nonconforming PWTFs which are partially damaged or destroyed
due to any reason or cause may be repaired and restored to their former
use, location and physical dimensions subject to obtaining a building
permit therefor, but without otherwise complying with this subdivision.
If this destruction is greater than partial, then repair or restoration
will require compliance with this subdivision.
(c)
The owner of any nonconforming PWTF may repair, rebuild and/or
upgrade (but not expand such PWTF or increase its height or reduce
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 subdivision.
[Ord. No. 98-20, § 1.]
In addition to the applicable documentation and items of information
required for site plan approval the following additional documentation
and items of information are required to be submitted to the planning
board for review and approval as part of the site plan submission:
(a)
Documentation by a qualified expert regarding the capacity of
any proposed PWTF for the number and type of antennas;
(b)
Documentation by a qualified expert that any proposed PWTF 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 Telecommunication Industry Association (TIA) have
been met;
(c)
A letter of intent 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 PWTF with other approved providers of wireless
communication services; and
(d)
A visual impact study, graphically simulating through models,
computer-enhanced graphics, or similar techniques, the appearance
of any proposed tower and indicating its view from at least the five
locations around and within one mile of the proposed PWTF where the
PWTF will be most visible. Aerial photographs of the impact area shall
also be submitted.
