It is the overall purpose of the provisions of this article
to provide specific zoning conditions, standards and limitations for
the location, approval and operation of antennas which are used for
the transmission and reception of wave frequencies for the purposes
of any wireless communication (e.g., telephone, radio, internet, paging
and/or television communication) within the Township of Franklin,
which recognize the need to safeguard the public good and preserve
the intent and the purposes of the Franklin Township Master Plan and
Zone Plan.
The overall objective of the provisions of this article is to
enable the location within the Township of Franklin of those antennas
which are necessary to provide adequate wireless communication services
while, at the same time, limiting the number of supporting towers
to the fewest possible.
The specific goals shall be as follows:
A. To minimize the total number of wireless communication towers within
the Township of Franklin;
B. To limit the impact of wireless communications antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Township of Franklin;
C. To safeguard the prevailing and historic character of development
throughout the Township of Franklin, with particular emphasis to maintaining
the prevailing character of the historic districts and sites throughout
the Township;
D. To encourage the location of antennas upon, or within, existing structures,
including existing wireless communication towers, existing buildings,
existing water towers or standpipes, and existing telephone and electric
poles and towers;
E. To encourage as many antennas as possible, of as many of the wireless
communication carriers as possible, to be co-located on the fewest
number of existing structures within the Township of Franklin;
F. To discourage the construction of new towers which do not have the
likelihood of being used by a number of wireless communication carriers;
G. To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and vistas through careful design,
siting, landscape screening and innovative camouflaging techniques;
H. To formulate and maintain, for land use planning purposes, a complete
inventory of all wireless communications antennas, towers and related
facilities within the Township of Franklin, and others in the vicinity
of the Township, which are capable of providing service within the
Township;
I. To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these provisions to
provide such services quickly, effectively and efficiently; and
J. To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. § 332 (c)(7), which preserves local government
authority to enforce zoning requirements which protect public safety,
public and private property and community aesthetics.
Applications for wireless communication towers or antennas requiring Township Council review and approval, applications requiring Planning Board review and approval and applications submitted to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d shall submit all of the information identified below in order to be deemed complete. Applications requiring TRC review and approval shall submit the information specified in §
112-59A,
E,
F,
G and shall provide photo simulations from two vantage points.
A. Site plan. In order to be declared complete, the application shall
include all of the applicable documentation and items of information
required for preliminary and final major site plans specified in this
chapter.
B. Comprehensive plan. In order to be declared complete, the application
shall include an overall comprehensive plan in accordance with the
following:
(1) In order to effectuate the purposes, objective and goals of this
article as noted hereinabove, any applicant to the Township of Franklin
for approval to erect a new wireless communication tower or wireless
communication antennas shall provide threshold evidence that the proposed
location of the proposed tower or antennas has been planned to result
in the fewest number of wireless communication tower or antenna locations
within the Township of Franklin at the time full service is provided
by the applicant throughout the Township.
(2) Therefore, the applicant shall provide an overall comprehensive plan
indicating how it intends to provide full service throughout the Township
of Franklin and, to the greatest extent reasonably possible, shall
indicate how its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within and around the Township. More specifically, the overall comprehensive
plan shall indicate the following, and this information shall be provided
at the time of the initial submission of the application in order
for the application to be deemed complete and be scheduled for a public
hearing:
(a)
The mapped location and written description of all existing
and approved supporting towers and wireless communication antennas
within one mile of the subject site, both within and outside of Franklin
Township;
(b)
The mapped location and written description of all existing
or approved water towers and existing high-tension power line towers
within one mile of the subject site, both within and outside of Franklin
Township;
(c)
Why the proposed antennas could not be located on any existing
structures within one mile of the subject site;
(d)
How the proposed location of the proposed antennas specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Township of Franklin by the applicant
and by other providers of wireless communication services within the
Township;
(e)
How the proposed location of the proposed antennas specifically
relates to the objective of collocating the antennas of many different
providers of wireless communication services on a single supporting
structure; and
(f)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing full wireless communication
services within the Township of Franklin while, at the same time,
limiting the number of towers to the fewest possible, including alternate
technologies which do not require the use of towers or require towers
of a lesser height.
C. Conditional use standards conformance. In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the conditional use standards enumerated in §
112-58C hereinabove, and any deviation from any of the standards shall be addressed in writing by the applicant at the time the application is first submitted.
D. Visual impact assessment. During the public hearing process, the
Board may require the applicant to schedule the time for a crane or
balloon test in order to provide the members of the board of jurisdiction
and the general public the opportunity to view a crane or balloon
at the location and height of the proposed tower. A visual impact
analysis shall be prepared by the applicant, submitted prior to being
deemed complete, and presented to the board of jurisdiction, graphically
simulating the appearance of the proposed tower, with at least three
antenna arrays attached thereto and from at least five locations selected
in consultation with the Director of Planning around and within one
mile of any proposed tower where the tower will be most visible.
E. Structural integrity. Documentation by a qualified expert that the
proposed installation will have sufficient structural integrity to
support the proposed antennas and the anticipated future co-located
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;
F. Co-location. A letter of intent by the applicant, in a form which
is reviewed and approved by the Board Attorney, indicating that the
applicant will share the use of any tower with other approved wireless
communication services at reasonable rates which shall be economically
viable; and
G. Removal guarantee. The applicant (and the landowner in the instance
of a leased property) shall provide a performance bond and/or other
assurances satisfactory to the board of jurisdiction, in a form approved
by the Township Attorney, that will provide for the removal of the
antennas, any supporting tower, the electric equipment cabinets, any
building enclosing the electronic equipment cabinets, and all other
related improvements, at no cost to the Township, when the antennas
are no longer operative. Any wireless communication antenna facility
not used for its intended and approved purpose for a period of six
months shall be considered no longer operative and shall be removed
by the responsible party within 60 days thereof.
H. Additional expert review. In addition to its normal professional
staff, given the technical and specialized nature of the testimony
by the applicant's radio frequency expert(s), the board of jurisdiction
may hire its own radio frequency expert to review and comment upon
the testimony presented by the applicant. Additionally, based upon
other testimony presented by the applicant, the board of jurisdiction
may hire other experts with specialized areas of expertise if deemed
necessary.