[Amended 8-23-2022 by Ord. No. 5739]
A.
Purpose.
(1)
The purpose of these regulations for the siting of wireless
telecommunications towers and antennas is to:
(a)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas.
(b)
Encourage the location of towers in appropriate locations.
(c)
Minimize the total number of towers throughout Union Township.
(d)
Strongly encourage the joint use of approved tower facilities
as a primary option rather than construction of new or 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 communication towers.
(i)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(2)
In furtherance of these goals, Union Township shall give due
consideration to the Township Master Plan, Zoning Map, existing land
uses and environmentally sensitive areas in approving sites for the
location of towers and antennas.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
The provisions of this section shall not govern any antenna
that is owned and operated by a federally licensed amateur radio station
operator or is used exclusively as a receive-only antenna in accordance
with Federal Communications Commission regulations.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
Wireless communications towers and antennas which are located
on property owned, leased or otherwise controlled by the Township
of Union and which are approved by the Township Committee shall be
deemed to be permitted as a municipal facility in any zone district.
[Amended 8-23-2022 by Ord. No. 5739; 5-23-2023 by Ord. No. 5767]
Wireless telecommunications towers and antennas are permitted
in the C/I Zone on nonmunicipal property upon submission and approval
of a minor site plan by the Planning Board in accordance with the
regulations set forth below:
A.
General requirements.
(1)
Principal or accessory use. Wireless telecommunications towers
and antennas may be considered either principal or accessory uses.
A different existing use of an existing structure on the same lot
shall not preclude the installation of an antenna or tower on such
lot.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with district 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.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Township as part of the application an
inventory of its existing towers and antennas, or sites approved for
towers or antennas, that are either within the jurisdiction of Union
Township or within one mile of the border thereof, including specific
information about the location, height and design of each tower. The
Township may share such information with other applicants applying
for approvals under this section or other organizations seeking to
locate antennas within the jurisdiction of Union Township; provided,
however, that the Township is not, by sharing such information, in
any way representing or warranting that such sites are available or
suitable.
(4)
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 design 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.
(c)
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.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
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. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months 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.
(7)
Uniform construction code; safety standards. 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
and local codes and the applicable standards for towers that are published
by the Electronic Industries 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.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in Union Township irrespective of municipal and county jurisdictional
boundaries.
(9)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in Union Township have
been obtained and shall file a copy of all required franchises with
the Township.
(10)
Public notice. For purposes of this section, any variance request
shall require public notice in accordance with the requirements of
N.J.S.A. 40:55D-12.
(11)
Signs. No advertising signs shall be allowed on an antenna or
tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 170-2304B.
(13)
Multiple antenna/tower plan. Union Township encourages the users
of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites. Applications for approval
of multiple sites shall be given priority in the review process.
(14)
(15)
Information required. In addition to any information required
for applications for site plan review pursuant to this chapter, applicants
for approval for a tower shall submit the following information:
(a)
A location plan drawn to scale and 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), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 170-2304A(19), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography and parking.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties and unplatted
residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 170-2304A(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the unsuitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the Township based upon existing physical, engineering,
technological or geographical limitations in the event that the proposed
tower is erected.
(16)
Factors considered in granting approval for towers. In addition
to any standards for consideration of site plans pursuant to this
chapter, the municipal agency shall consider the following factors
in determining whether to issue an approval:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures and residential
district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness.
(g)
Proposed ingress and egress.
(h)
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in § 170-2304A(17) of this chapter.
(17)
Availability of suitable existing towers, other structures or
alternative technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the municipal
agency that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the municipal agency related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
(a)
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
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 unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(18)
Minimum required setback. The following minimum setback requirements
shall apply to all towers for which site plan approval is required:
(a)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line, but in no event
shall the tower be located in the minimum required yard area or buffer
area of the zone district.
(b)
Guys and accessory buildings must satisfy the minimum zoning
district setback and buffer requirements.
(19)
Minimum separation requirement between uses. The following separation
requirements shall apply to all towers and antennas for which site
plan approval is required:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection A(19)(b), below, except as otherwise provided.
[2]
Towers shall maintain a separation distance of
750 feet from residential dwelling units or from lands zoned for residential
use.
(b)
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers or other proposed towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below in the table of required separation
distances between towers.
|
SCHEDULE 2
REQUIRED SEPARATION DISTANCES BETWEEN WIRELESS COMMUNICATIONS
TOWERS
| ||||
|---|---|---|---|---|
|
Tower Type
|
Lattice
(linear feet)
|
Guyed
(linear feet)
|
Monopole 75 Feet in Height or Greater
(linear feet)
|
Monopole Less Than 75 Feet in Height
(linear feet)
|
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(20)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anticlimbing device; provided, however, that the municipal
agency may waive such requirements, as it deems appropriate.
(21)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required; provided,
however, that the municipal agency may waive such requirements if
the goals of this section would be better served thereby:
(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.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced.
(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 sufficient buffer.
(22)
In approving the tower the municipal agency may impose conditions,
including the use of an alternative tower structure, to the extent
the municipal agency concludes such conditions are necessary to minimize
any adverse effect of the proposed tower on adjoining properties.
B.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or 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 65 feet in height,
the related unmanned equipment structure, if over 200 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
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.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas located on towers, utility poles or light poles. The
related unmanned equipment structure shall not contain more than 200
square feet of gross floor area or be more than 10 feet in height
and shall be located in accordance with the minimum yard and buffer
requirements of the zoning district in which located and shall be
screened from view of all residential properties.
C.
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Township of Union
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said 90 days shall be grounds to remove the
tower or antenna at the owner's expense. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
D.
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance is permitted
on such preexisting towers. New construction other than routine maintenance
on a preexisting tower shall comply with the requirements of this
section.
