A. The purpose of this article, together with § 190-206 for the siting of wireless telecommunications towers and antennas is to:
(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) Encourage the location of towers in appropriate locations;
(3) Minimize the total number of towers throughout the Township;
(4) Strongly encourage the joint use of approved tower facilities as a primary option rather than construction of new or additional single-use towers;
(5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6) 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;
(7) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) Consider the public health and safety of communication towers; and
(9) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B. In furtherance of these goals, Freehold 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.
The provisions of this article 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 (FCC) regulations. (See § 190-104C.)
Wireless communications towers and antennas which are located on property owned, leased, or otherwise controlled by the Township of Freehold and which are approved by the Township Committee or a Freehold Township Fire District and which are approved by the Board of Fire Commissioners, shall be deemed to be permitted as a municipal facility in any zone district.
A. 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.
B. 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.
C. 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, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Freehold 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 Freehold 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.
D. 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 municipal codes including the New Jersey Uniform Construction Code 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.
E. 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 Freehold Township have been obtained and shall file a copy of all required franchises with the Township.
F. Public notice. For purposes of this section, any variance request, conditional use application or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 190-206I in addition to any notice otherwise required by this chapter.
G. Signs. No advertising signs shall be allowed on an antenna or tower.
H. Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 190-206J.
I. Multiple antenna/tower plan. Freehold 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.
J. Maximum height.
(1) The tower shall meet the following maximum height and usage criteria:
(a) For a single user, up to 90 feet in height;
(b) For two users, up to 120 feet in height; and
(c) For three or more users, up to 150 feet in height.
(2) A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
K. 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:
(1) 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 § 190-206I adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(2) Legal description of the parent tract and leased parcel (if applicable).
(3) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(4) The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 190-206I 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.
(5) A landscape plan showing specific landscape materials.
(6) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(7) A description of compliance with this section, § 190-170C, D, F, H and I, and with § 190-206B, C, D and Hand all applicable federal, state or local laws.
(8) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(9) 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.
(10) A description of the suitability 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.
(11) 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 the proposed tower is erected.
L. Factors considered in granting approval for towers. In addition to any standards for consideration of site plans pursuant to this chapter and requirements set forth in § 190-206, the municipal agency shall consider at least the following factors in determining whether to issue an approval:
(1) Height of the proposed tower;
(2) Proximity of the tower to residential structures and residential district boundaries;
(3) Nature of uses on adjacent and nearby properties;
(4) Surrounding topography;
(6) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) Proposed ingress and egress; and
(8) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in this section, § 190-170K(10) of this chapter.
M. 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.
N. 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.
(1) 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.
(2) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(3) Existing mature tree growth and natural landforms 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.
O. 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.
P. All towers and antennas shall also fully comply with the requirements of § 190-206.
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 Freehold 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. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties.
Preexisting towers which are operating at the time of the adoption of this article 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. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in this section, § 190-171 shall apply.
