[Added 12-27-2000 by Ord. No. 35-00]
A. The purpose of this article is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this article are to:
(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) Encourage the location of towers on Township-owned property where appropriate or in other nonresidential areas;
(3) Minimize the total number of towers throughout the community;
(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) Encourage the use of existing buildings, telecommunications towers, light or utility poles, or water towers as opposed to construction of new telecommunications towers;
(6) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(7) 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 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;
(8) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(9) Consider the public health and safety of telecommunications towers; and
(10) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B. In furtherance of these purposes, the Township of Jackson shall give due consideration to the Township of Jackson's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
As used in this article, the following items shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE Man-made trees, clock towers, bell steeples, flag poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems including but not limited to repeaters, equipment housing, and ventilation and other mechanical equipment.
ANTENNA Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas under 30 inches used for satellite communications shall not be included within this definition.
BACKHAUL NETWORK The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
BUFFER AREA The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
CARRIER A company that provides wireless services.
CO-LOCATION When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
FAA The Federal Aviation Administration.
FALL ZONE The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FCC The Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES Cellular radio, personal communications service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
GUYED TOWER A tower which is supported or braced through the use of cable (guy wires) which are permanently anchored.
HEIGHT When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
LATTICE TOWER A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
MONOPOLE The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT The structure or surface upon which antennas are mounted, including the following four types of mounts:
A. Roof-mounted: mounted on the roof of a building.
B. Side-mounted: mounted on the side of a building.
C. Ground-mounted: antenna support (tower) mounted on the ground.
D. Structure-mounted: mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS Any tower or antenna for which a building permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.
RADIO FREQUENCY RADIATION (RFR) For the purposes of this article, the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHZ to 300,000 MHZ.
RADIO FREQUENCY (RF) ENGINEER An engineer specializing in electrical or microwave engineering, especially the study of radio freq uencies.
STEALTH DESIGN A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment. (See "alternative tower structure.")
TELECOMMUNICATIONS FACILITY A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices including licensed transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS OR TRANSMISSION TOWER The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, licensed amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
WIRELESS COMMUNICATIONS Any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services including cellular, personal communications 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 noncellular telephone service.
A. New towers and antennas. All new telecommunications towers or antennas in the Township of Jackson shall be subject to these regulations.
B. Preexisting towers or antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of §§ 244-237 and 244-238 absent any enlargement or structural modification or the addition of any antennas.
C. District height limitations. The requirements set forth in this article shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district that are subject to FAA restrictions.
D. Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this article.
E. Amateur radio station operators/receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
F. Satellite dish antennas. This article shall not govern any parabolic dish antennas that are less than 30 inches and that are used for transmission or reception of radio signals associated with satellites.
A. Principal or accessory use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Township land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
B. Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone 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. 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. In the Pinelands Area, all towers outside the RG-2, RG-3, RG-4, PM-1, RGC-1 and RGC-2 Zones shall comply with the standards for local communications facilities and N.J.A.C. 7:50-5.4(c) of the Pinelands Comprehensive Management Plan. If such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days 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. [Amended 7-9-2001 by Ord. No. 22-01]
D. Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with manufacturer structural loading standards or greater standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Township of Jackson 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. Nonessential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities or private utilities.
F. Co-location required. The Township of Jackson mandates that carriers co-locate antennas on towers or other structures whenever possible. See § 244-233 for co-location requirements.
G. Conditional use. All telecommunications facilities in the Township of Jackson shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
H. Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Township of Jackson including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
A. Conditional use. Wireless telecommunications facilities are permitted as conditional uses:
(1) On lands owned by Jackson Township or the Jackson Township Municipal Utilities Authority or any other public entity within the Township of Jackson.
(2) On lands owned by Jackson Township or the Jackson Township Municipal Utilities Authority or any other public entity within the Township of Jackson. However, wireless telecommunications facilities on such lands in the PA, FA-1, FA-2, FA-3, RD, RD-1, RD-9, PV, PVC-1 and PVC-2 Zones shall be permitted only in accordance with N.J.A.C. 7:50-5.4(c) and a comprehensive plan for such facilities approved pursuant thereto by the Pinelands Commission. [Amended 7-9-2001 by Ord. No. 22-01]
B. Conditional use standards. Wireless telecommunications facilities may be permitted on the above referenced lands, provided that:
(1) The minimum lot size on which the telecommunications facility is to be located is at least five acres in area.
(2) Outside the Pinelands Area. Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria: [Amended 7-9-2001 by Ord. No. 22-01]
(b) For two carriers, up to 125 feet in height.
(c) For three or more carriers, up to 150 feet in height.
(3) In the Pinelands Area, telecommunications towers shall be limited to monopoles without guys unless the applicant can demonstrate that a different type of facility is necessary for the co-location of additional antennas on the tower. A maximum height of 200 feet shall be permitted, and all towers shall be designed so that their height may be increased to 200 feet if necessary to accommodate the needs of other carriers in the future. [Added 7-9-2001 by Ord. No. 22-01]
C. Factors considered in granting conditional use permits.
(1) In addition to the above standards, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
(a) Proximity of the tower to residential structures and residential district boundaries;
(b) Nature and uses on adjacent and nearby properties;
(c) Surrounding topography;
(d) Surrounding tree coverage and foliage;
(e) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness including stealth designs which are encouraged;
(f) Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures;
(g) Availability of proposed tower to other potential carriers.
(2) This list is to be considered to be illustrative in nature and may not include all factors to be considered.
The following site design standards shall apply to wireless telecommunications facilities: A. New towers.
(1) Telecommunications towers may not be located closer than 500 feet to any residential zone. Antennas located in preexisting buildings or structures are exempt from this requirement.
(2) Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.
(3) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with an appropriate anti-climbing measure.
(4) Landscaping. The following requirements shall govern the landscaping surrounding towers:
(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 or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip of at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
(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 a sufficient buffer.
(5) Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.
(6) 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.
(7) Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:
(a) The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building; and
(b) No lighting is permitted on a tower 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 toward adjacent and nearby properties.
(8) Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs, which may be attached to a fence or building structure and shall not be larger than 18 inches by 18 inches.
B. Antennas mounted on existing structures or roof tops.
(1) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office utility or institutional structure, provided:
(a) Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
(b) The antenna compiles with applicable FCC and FAA regulations.
(c) The antenna complies with all applicable building codes.
(d) Equipment structure.
[1] The equipment 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 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
[2] 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.
[3] Equipment storage building, structures or cabinets shall comply with all applicable building codes.
(2) Aesthetics. 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.
C. Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
(1) A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.
(2) An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this article.
(3) On-site location.
(a) A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location. In the Pinelands Area, such relocation shall be permitted only if the standards set forth in § 244-79 of this chapter are met. [Amended 7-9-2001 by Ord. No. 22-01]
(b) After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
