A public hearing on an ordinance tightening restrictions on wireless communication facilities in West Windsor will be held by the Planning Board on Wednesday, December 2.
The ordinance would limit the locations for new antennas not attached to towers; places height restrictions on the facilities; and makes the co-location of antennas on existing towers and associated equipment a conditional use in all districts, where previously they were accepted uses.
One major change in the new measure will force applicants to prove why the wireless communication facilities are needed.
That change could prevent the approval of applications in the future similar to one in May, 2009, when the board said it was handcuffed into approving an application for a T-Mobile wireless communications facility on an existing electricity transmission tower because it complied with local ordinance. T-Mobile’s facility consists of nine wireless communications antennas attached to a tower insert installed within the existing 111-foot tower, and extending 6.5 feet above. The tower was approved to be placed on top of an existing PSE&G electric pole southeast of the intersection of Penn Lyle Road and Cedar Street.
Residents’ arguments had been based on disproving the actual need for the cell tower based on T Mobile’s argument that there is gap in service in the area. However, the issue of whether T Mobile actually needed the tower was deemed irrelevant by the Planning Board. Board members said the only issue they could consider was whether the cell tower had a negative impact on the area, which the board found it did not. Denying the application would have left the township open to litigation, board officials said. Residents also argued that there were many other existing poles close in proximity to the site on which the cell tower could be placed without having adverse effects.
After the approval, residents urged officials to prohibit wireless communication facilities from being located within 1,000 feet of a home. The township has maintained that such a regulation would be too restrictive and in violation of federal communication regulations. Still, the Township Council asked the board to review the ordinance for changes.
“There won’t be any restrictions in terms of the gap of service or indication it cannot be built within 1,000 feet of a residence,” said Planning Board Chairman Marvin Gardner. “That specific language will not be in, but there will be other mitigating factors that will play into this.”
The ordinance emphasizes that West Windsor is pursuing a proactive policy requiring the co-location of wireless communication antennas on existing towers and on new towers at public sites designated by the Township Council.
According to the draft, new antennas that are not attached to towers will be a permitted ancillary use to any office structure, only if it “does not exceed more than 20 feet above the highest point of the structure.” Those antennas and associated equipment will have to be located on the roof and screened to minimize its visual impact, or located inside the building.
Those antennas proposed to be co-located on existing towers will be permitted as a conditional use, and they come with a new set of regulations. First, the existing tower can be modified or rebuilt to a taller height, but that is limited to 12 feet over the tower’s existing height.
And in doing this, applicants must submit a need analysis — information including the purpose of the proposed wireless facility (including factors like coverage or capacity issues); the type or mode (in vehicle or building); geographical areas where the coverage is an issue (including streets, neighborhoods, or facilities); and propagation studies showing the current and projected coverage and service in the area of the application.
“No wireless communications facility shall be approved unless the applicant demonstrates a need for the facility at the location proposed,” the draft states.
Said Gardner: “Now they need to show basically what the problem is, why it needs to be remedied, and basically how they intend to remedy it.”
In addition to the need analysis, the applicants will also have to submit information regarding the visual impact of the proposed facility, as well as an alternatives analysis.
That alternatives analysis will show other approaches, solutions, or sites the applicant evaluated to address the need. Information in that report must include the location of all of its existing wireless communication facilities in and outside of the township, the location and types of other sites considered, the availability of those sites, why those sites did not meet the applicant’s needs, and the reason why the location of the proposed facility was chosen over those other sites.
The analysis must also show other alternative technologies available and why they are not being used, as well as a comprehensive approach 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 also has to show the fewest feasibly number of sites for the wireless facilities.
“To the extent possible, we want them to anticipate any future sites,” said Gardner. “This way, we take a township-wide, overall approach, which should minimize the co-location of these antennas or the construction of additional antennas as well.”
Doing this will prevent West Windsor from being “faced with the burden of being inundated with antennas throughout the township,” Gardner added.
With regard to the co-location of wireless facilities on public property, any towers constructed must be capable of supporting at least 200 antennas that meet radio frequency requirements. The towers will be limited to a height of 225 feet from the grade, and antenna space must be able to be rented to all interested carriers at a rate that reflects fair market price.
Gardner said that the ordinance is a “re-affirmation of the township’s philosophy since the 1990s that co-location of communication antennas on public properties as well as private property be encouraged.”
He also said that the ordinance has to comply with all FCC and FAA regulations.If the ordinance is approved by the planning board, it would be sent to the township council for consideration.
