§ 200-243. Wireless communication facilities.

A. 

Intent. To minimize the adverse impacts associated with the potential proliferation of communication towers, the Township of West Windsor is pursuing a proactive policy of requiring collocation of wireless communication antennas on existing towers, on buildings, and on a new tower(s) at a public site(s) which may be designated by the Township Council.

B. 

Communication antennas not attached to towers. Any communication antenna which is not attached to a communication tower, along with its associated equipment compound and support structure, shall be a permitted accessory use to any commercial, industrial, professional, institutional or office structure, provided that:

(1) 

The wireless communications facility does not exceed more than 20 feet above the highest point of the structure.

(2) 

Amateur radio antennas are exempt from this section.

(3) 

The antennas and associated equipment shall be located on the building roof and screened so as to minimize their visual impact or be located inside the building.

Site plan review shall not be required for wireless communication antennas and associated equipment proposed in accordance with this Subsection B.

C. 

Collocation of communication antennas on existing towers. Collocation of wireless communication antennas on existing towers and associated equipment compounds is permitted as a conditional use in all zoning districts and shall be treated as a minor site plan. The conditional use standards that apply to such use are those standards set forth below in this Subsection C and those standards set forth in Subsection E.

(1) 

Height. An existing communication tower may be modified or rebuilt to a taller height, not to exceed 12 feet over such tower's existing height, to accommodate the collocation of additional communication antennas. The wireless communication antennas shall be no higher than necessary to achieve service area requirements.

(2) 

Need analysis. The applicant shall submit as part of its application a statement as to the purpose of the proposed wireless communication facility (e.g., to address a coverage or capacity issue, or a combination of both) and the type/mode (e.g., in vehicle or in building) and geographic area(s) where this is an issue (e.g., what streets, facilities or neighborhoods). The applicant shall provide propagation studies showing both current (without the proposed site) and projected (with the proposed site) coverage and service in the area of the application, including all surrounding sites (built and approved). The report shall include the design parameters used for the propagation studies, including antenna types, location, orientation and elevation, operating frequencies, ERP, and signal strength thresholds or "cut-offs." The analysis shall show the entire area where there is insufficient service or coverage and which the application is intended, at least in part, to address. Additional supporting data can be submitted, including (but not limited to) traffic data, drive tests, etc. No wireless communications facility shall be approved unless the applicant demonstrates a need for the facility at the location proposed.

(3) 

Visual impact. The proposed facility shall be designed so as to have the least visual impact reasonably possible.

(4) 

Alternatives analysis. The applicant shall undertake an alternatives analysis describing other approaches, solutions or sites it evaluated to address the need as stated in Subsection C(2) above and shall submit a report with respect thereto. This analysis shall include the location of all of its existing wireless communications facilities within the Township and outside the Township but providing service within the boundaries of the Township; the location and type of other sites considered; the availability of those sites; the extent to which other sites do not meet the applicant's service, engineering, or other needs; and the reason why the subject site was chosen over the alternatives. The analysis shall also address any alternative technologies that may be available and why such technologies are not being used. The analysis of alternatives shall include a comprehensive approach to address the need in the area where the need analysis shows insufficient service or coverage, demonstrating how the applicant intends to address the entirety of the need, including any areas or issues that would not be addressed by the proposed facility. The plan shall provide for the fewest feasible number of sites for wireless communications facilities. The applicant shall indicate any future sites it anticipates at the time of the application, to the extent currently known or forecast. Future applications by the applicant or its successor will be evaluated for consistency with this plan, and any deviation from it shall be justified to the satisfaction of the board of jurisdiction. No wireless communication facility shall be approved unless the applicant demonstrates that there are no suitable alternatives that are less visually intrusive than the proposed application.

(5) 

Additional submission requirements. In addition to the applicable documentation required for site plan approval, the following documentation shall be submitted as part of the minor site plan submission:

(a) 

Documentation by a qualified expert that any proposed wireless communications facility will have sufficient structural integrity to support the proposed antennas and anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met;

(b) 

A letter of intent by the applicant, in a form to be reviewed and approved by the board attorney, indicating that the applicant, to the extent it has the authority to do so, will share the use of the tower, including extensions, and compounds to the extent feasible, with other approved providers of wireless communications services; and

(c) 

A visual impact study, graphically simulating, through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed wireless communications facility and indicating its view from at least five locations around and within one mile of the proposed wireless communications facility where such facility will be most visible. Aerial photographs of the impact area shall also be submitted.

D. 

Collocation of communication antennas on towers on public property.

(1) 

Collocation policy. The Township of West Windsor shall plan for and accommodate the growing demand for communication antennas by collocating such new antennas on towers sited on publicly owned sites controlled or designated by the Township and which are appropriate locations for facilitating wireless communications and for minimizing visual and other impacts on the public associated with communication antennas.

(2) 

Public/Private partnership to implement collocation policy.

(a) 

Any collocation communication towers will be installed, maintained and operated by a private business and/or regulated public utility on public property under lease agreement with the Township of West Windsor pursuant to the Local Land and Buildings Law and/or the Local Public Contracts Law of the State of New Jersey and in compliance with the ordinance requirements of the Township.

Editor's Note: See N.J.S.A. 40A:12-1 et seq.

Editor's Note: See N.J.S.A. 40A:11-1 et seq.

(b) 

In order to assure that any tower at the above-referenced location will accomplish the intent of this section, any lease agreement with the private operator or regulated public utility shall include, but not be limited to, the following requirements:

[1] 

The tower will be constructed to be capable of supporting at least 200 antennas which meet radiofrequency requirements.

[2] 

The tower shall not exceed 225 feet from grade.

[3] 

Antenna space shall be rented to all interested carriers at a rate reflecting the fair market price for such services.

[4] 

The tower shall comply with the standards set forth in Subsections E and F.

(c) 

The private entity or regulated public utility which will install, maintain and operate the collocation tower will be selected through an open public bidding process under specifications and a lease agreement to be prepared for the Mayor and Council under applicable New Jersey law governing public-private agreements. Specifications will include, but not be limited to, a demonstration of suitable past site management experience and compliance with prescribed construction standards with a cost and revenue analysis for the first five years of operation.

(d) 

Installation of wireless communication facilities on or at towers on public property shall not require site plan review.

E. 

Conditional use standards. The following design and performance standards shall apply as additional conditional use standards to communication antennas collocated on existing towers, support structures, and associated equipment compounds proposed pursuant to Subsection C hereof and shall be the standards applicable to towers, antennas, and support structures, and associated equipment compounds on public property proposed pursuant to Subsection D.

(1) 

Telecommunications equipment compound design. No buildings shall be permitted in the equipment compound. Communication equipment may be stored in cabinets.

(2) 

Fencing. A chain-link fence or wall not less than seven feet in height from finished grade shall be provided around each communication tower and equipment compound. Access to the tower shall be through a locked gate. The fence and supporting structures shall have a black matte finish.

(3) 

Landscaping. The visual impact of a communication tower and equipment compound shall be mitigated for nearby viewers through landscaping or other screening materials at the equipment compound. The following landscaping and buffering shall be required around the perimeter of the tower and equipment compound, except that the standards may be waived by the Planning Board for those sides of the proposed tower that are located adjacent to undevelopable lands and lands not in public view. Landscaping shall be installed on the outside of fences. Further, existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute for or in supplement towards meeting landscaping requirements.

(a) 

A continuous evergreen hedge at least seven feet high at planting.

(b) 

All landscaping shall be of the evergreen variety.

If the landscaping set forth above cannot be installed because it is prohibited, either by the owner of the site, by law, or otherwise, the applicant shall propose alternative landscaping designed to mitigate the visual impact of the communication tower and equipment compound.

(4) 

Method of determining communication tower height. For purposes of measurement, communication tower height shall include antenna, base pad and other appurtenances and shall be measured from the finished grade of the parcel.

(5) 

Illumination. Communication towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA), in which case the least intrusive type of lighting permitted by the FAA shall be used, and except as necessary for inspection of and repairs within the equipment compound, in which case the lighting may only be located within the compound and may only be turned on manually, with a mechanism to shut it off after a reasonable time to be set by the Planning Board after testimony by the applicant's representative. Lighting within the equipment compound shall not produce glare and shall be designed so as to minimize its spillover outside the compound.

(6) 

Finished color. Wireless communication improvements to existing communication towers not requiring FAA painting/marking shall have a finish that matches the existing tower.

(7) 

Structural design. Communication towers shall be constructed to the EIA/TIA 222-F standards, or such subsequent revision as is in place at the time of the Planning Board decision, as published by the Electronic Industries Association, which may be amended from time to time, and all Township construction/building codes. Further, any improvements and/or additions (e.g., antennas, satellite dishes, etc.) to existing communication towers shall require submission of site plans sealed and verified by a professional engineer which demonstrate compliance with the EIA/TIA 222-E standards. The applicant shall include in its design the opportunity for collocation by others or explain why collocation is not feasible.

(8) 

Underground utilities. All utilities serving any wireless communications facility shall be underground.

F. 

Standards applicable to all wireless communications facilities. The following standards, which are not conditional use standards, shall apply to all wireless communications facilities:

(1) 

Maintenance. Wireless communications facilities shall be maintained to ensure their continued structural integrity. The owner of a wireless communications facility shall also perform such other maintenance of the structure and of the site as to ensure that it does not create a visual nuisance.

(2) 

Inspection.

(a) 

An applicant may be required to inspect its wireless facility upon notice from the Township.

(b) 

Inspections shall be conducted by an engineer licensed to practice in the State of New Jersey. The results of such inspections shall be provided to the Township Engineer. Based upon the results of an inspection, the Township may require repair or removal of a communication tower. Upon removal of the wireless communications facility, if such facility is a tower, the site shall be restored in the manner acceptable to the Township Landscape Architect.

(3) 

Abandonment. Any wireless communications facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of such facility shall remove it within 90 days of notice from the Zoning Officer that the facility is abandoned. If such facility is not removed within 90 days, the Township may remove such facility at the owner's expense. If the facility is to be retained, the provider shall establish that the facility will be reused within one year after such abandonment. If the facility is not reused within one year, the facility shall be removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.

(4) 

The wireless communications facility shall comply with all applicable FCC and FAA regulations.

(5) 

The wireless communications facility shall comply with all applicable building codes.

(6) 

Signs. Signs displaying owner contact information, warnings, and equipment information and safety instructions shall be provided. No other signage shall be permitted.

(7) 

Noise. No equipment shall be operated so as to produce a noise level on adjoining properties that exceeds the noise level permitted by Township Code.

(8) 

Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. No more off-street parking than is necessary shall be permitted.

(9) 

Each application for any wireless communications facilities shall include either a preliminary or a certified statement that the operation of the facility, including reception and transmission functions, will operate within the parameters established by the applicable FCC licenses and regulation, so as to minimize the possibility of interfering with the usual and customary transmission or reception of radio, television, etc., and other licensed services enjoyed by adjacent residential and nonresidential properties. In the event that only a preliminary statement is submitted with the application, a final, certified statement of noninterference will be provided and approved by the Township prior to the issuance of a building permit. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Township.

(10) 

Approval required from other governmental agencies. Each application shall include written approval or a statement of no objection from other federal, state or county agencies that regulate communication tower sighting, design and construction.

(11) 

The applicant shall submit a report certifying that its facilities will operate in accordance with all legal requirements regarding RF exposure (FCC Report and Order 96-326 regarding Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation and FCC OET Bulletin-65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields, and others). This report shall include the class of service, frequencies, maximum effective radiation power (ERP) of the antennas, anticipated operating ERP(s), antenna types, heights and orientation of all antennas and indicate predicted RF exposure levels under normal operations at the nearest occupied structure. A copy of the FCC license applicable to the use of the wireless communications facility shall also be submitted. The statement shall be prepared by an engineer licensed to practice in the State of New Jersey or other professional accepted by the Township.

Amended 4-6-2010 by Ord. No. 2010-07