A. The Township of Jackson requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to co-locate with other carriers. Such good faith effort includes:
(1) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
(2) Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county;
(3) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and
(4) A copy of a proposed lease or affidavit of compliance with this section.
B. In the event that co-location is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to the co-location. The cost for such a technical expert will be at the expense of the applicant. The Township may deny approval to an applicant that has not demonstrated a good faith effort to provide for co-location.
C. If the applicant intends to co-locate or to permit co-location, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.
[Amended 7-9-2001 by Ord. No. 22-01] Wireless telecommunications facilities outside the Pinelands Area shall be located and approved in accordance with the following prioritized locations:
A. The first priority shall be an existing tower owned by either a public or private utility within or near the Township of Jackson.
B. The second priority shall be new towers on lands owned by the Township of Jackson within the commercial zones or other lands owned by the Township of Jackson or Jackson Township Municipal Utilities Authority or other public entity.
C. The third priority shall be an existing building in a commercial zone.
D. The fourth priority shall be new towers on lands not owned by the Township of Jackson or Jackson Township Municipal Utilities Authority or other public entity located within the remaining zones.
[Added 7-9-2001 by Ord. No. 22-01] Wireless telecommunications facilities in the Pinelands Area shall be located and approved in a manner which is consistent with the Pinelands Comprehensive Management Plan. The priorities set forth in § 244-234 shall be used as a preference guide in the siting of new telecommunications facilities in the PV, PVC-1, PVC-2, RG-2, RG-3, RG-4, PM-1, RGC-1 and RGC-2 Zones. Within the remainder of the Pinelands Area, new telecommunications facilities shall be sited only at the following locations:
A. On developed publicly owned lands within 500 feet of an existing structure, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored and that no tower will be located on state, county or municipal conservation lands, state recreation lands or county and municipal lands used for low-intensity recreational purposes;
B. On the parcel of an approved resource extraction operation, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored;
C. At an existing first aid or fire station; or
D. On the parcel of an existing landfill, provided that the tower facility will be located on previously disturbed lands that have not subsequently been restored.
In addition to the site plan submission requirements and other applicable requirements of Chapter 244, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
A. Comprehensive service plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township of Jackson at the time full service is provided by the applicant throughout the Township, the applicant shall submit a "comprehensive service plan." Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Township and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Township of Jackson. The comprehensive service plan shall indicate the following:
(1) Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township of Jackson.
(2) How the proposed location of the antennas relates to the location of any existing towers within and/or near the Township of Jackson.
(3) How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Township of Jackson by both the applicant and by other providers of telecommunications services within the Township of Jackson.
(4) How the proposed location of the antennas relates to the objective of co-locating the antennas of different service carriers on the same tower.
(5) How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Township of Jackson while, at the same time, limiting the number of towers to the fewest possible.
B. A scaled site plan 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), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this article.
C. Legal description of the entire tract and leased parcel (if applicable).
D. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
E. The separation distance from other towers and antennas.
F. A landscape plan showing specific landscape materials including, but not limited to species type, size, spacing and existing vegetation to be removed or retained.
G. Method of fencing and finished color and, if applicable, the method of camouflage.
H. A description of compliance with all applicable federal, state or local laws.
I. A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
J. Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Township.
K. A letter of commitment to lease excess space or other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
L. A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the Planning Board planning consultant to ensure that various potential views are represented.
M. An analysis of the peak RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
(1) Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
(2) Be performed by an RF engineer, health physicist or similar knowledgeable individual using FCC approved and certified test equipment with a copy of the calibration certificate showing make, model and serial number.
(3) Follow current methods recommended by the FCC for performing such analyses for use with the type of modulation of the RF carrier.
N. For applications in the Pinelands Area, a description of the relationship of the purposed tower to any comprehensive plan for local communication facilities which has been approved by the Pinelands Commission pursuant to N.J.A.C. 7:50-5.4(c). [Added 7-9-2001 by Ord. No. 22-01]
A. After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by an RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this article.
B. The applicant and coapplicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas and landscaping.
A. At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Township Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.
(1) If tower lighting was required by the FAA, the tower owner shall be responsible for all violations and fines associated with its operation.
B. Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
(1) Removal of antennas, mount, equipment shelters and security barriers for the subject property.
(2) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
(3) Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
C. If a carrier fails to remove a personal wireless service facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the Township must remove the facility.
