ADVISORY: Cherry Hill to Introduce Ordinance Regulating Small Cell Wireless Facilities Throughout Township
Ordinance will require carriers to demonstrate service needs before installing new facilities and ensures poles meet certain aesthetic standards
March 19, 2021 — As wireless carriers actively work to expand their small cell wireless facilities across South Jersey, the township is introducing an ordinance to place restrictions on any proposed facilities in Cherry Hill and exercise the limited control municipalities are provided in the facility approval process.
Federal law already allows wireless carriers to install these small cell facilities on public rights-of-way, such as utility poles, and municipalities are prohibited from banning their installation. Municipalities are only permitted to regulate specific aspects of the approval process, including what information needs to be presented in order to gain approvals, how much it will charge in fees to apply for approval and the aesthetic appearance of the facilities.
The township’s professionals, in consultation with a telecommunications expert, have determined the best course of action is to proactively establish these restrictions before the township receives any applications from carriers. They have also determined it is beneficial to the township to set the regulations ahead of a pending state law that could further reduce municipalities’ oversight in the approval process.
The ordinance is set for a first reading at the Township Council meeting on Monday, March 22. The ordinance mandates that any wireless carrier seeking to install a small cell facility anywhere in the township must, among other requirements,:
- Provide service maps to demonstrate any existing service gaps and justify the need to install new equipment in a specific location
- Locate the facilities on existing poles before requesting to build a new pole to house equipment.
- Meet specific aesthetic requirements when installing on existing poles, including making any equipment box, or “cabinet,” the same width as the pole, painted the same color and mounted away from oncoming traffic.
- Provide proof, if a carrier applies to install a new pole, as to why no existing pole could support the facility. Proof must include a structural engineering report and a letter from the utility company that owns existing poles, among other documentation
- Adhere to strict aesthetic standards when constructing any new pole, including a requirement the new pole be a “stealth” pole that conceals all equipment and matches its surroundings
Frequently Asked Questions
What are small cell facilities?
The term “small cell facility” refers to a grouping of telecommunications equipment that is much smaller — roughly about the size of a backpack — than traditional 200 ft-tall cell towers. Small cell facilities are capable of supporting existing cellular networks to improve service and data speeds, and some may be able to support new 5G services being rolled out by some wireless carriers.
Small cell facilities use low-powered antennas to send data over high-frequency millimeter waves, but since those waves are also more easily blocked by physical barriers, pole-mounted small cell facilities must be located closer together than traditional cell towers to operate correctly.
Does Cherry Hill have any small cell facilities in the township yet?
No, but the township has received multiple inquiries from wireless carriers looking to install facilities in the township.
Are there any safety concerns involved with small cell facilities?
The Federal Communications Commission expressly prohibits municipalities from denying a permit to install a wireless facility based on health or environmental concerns. That said, the FCC has established safe radio frequency limits that all wireless equipment must adhere to and provides extensive information on its safety protocols on its website. The ordinance will require all carriers to verify that each of its individual small cell facilities meet FCC safety standards.
Both the World Health Organization and the U.S. Food and Drug Administration have concluded that existing data and research show wireless service radio frequencies do not cause negative health effects. The U.S. Department of Labor’s Occupational Safety and Health Administration also has a list of resources available on its website concerning radio frequency safety.
Does this ordinance apply to private property?
No. It only refers to approving permits for facilities located inside public rights-of-way. Any proposed installation on other public property or private property would be regulated by existing township zoning ordinances and New Jersey municipal land use law.
Who is responsible for approving permits for small cell facilities?
Each carrier must provide the township a list of existing poles where it may locate a facility, which the township must approve. The approval is good for five years, and in that time, a carrier can install equipment on those poles by providing written notice to the township zoning officer, clerk and administrator. The zoning officer is then authorized to issue the permit.
If a carrier wishes to construct a new pole, it must provide conclusive evidence as to why an existing pole won’t support the facility. The township zoning officer will review the application, which may also additionally be reviewed by a Site Committee composed of the township’s business administrator, director of community development, director of engineering, township solicitor and township planner.
Will this bring wireless service to areas where there are existing ‘dead zones’?
Each carrier is responsible for deploying their own cell equipment, so residents should contact their wireless provider for more information about their service and coverage area.
All carriers must demonstrate there is a need for better wireless service in the area before gaining approval to install a facility.
How much do carriers have to pay to apply for a permit?
The FCC has already established a cap on the dollar amount of fees municipalities are legally allowed to charge carriers to apply for small cell facility permits. This ordinance sets the fees at the FCC’s maximum allowable amount.
To use an existing pole in the township, the application fee is $500 for the first five poles, and $100 a pole for every pole after that. A $250 fee will apply for the modification or replacement of an existing pole. The fee to apply for a permit to build a new stealth pole is $1,000. Each permit application requires the carrier to pay a $2,500 escrow deposit to pay for professional fees incurred during the review, including expert consulting fees.
After acquiring a permit(s), carriers must pay a $270 fee for each small cell wireless facility in the township annually.
What do I do if I have questions or concerns about a small cell facility?
The township cannot deny permits based on health or environmental concerns, and must approve permits based on strict criteria. Options include contacting federal legislators and the Federal Communications Commission, as well as the wireless carrier directly, with any questions or concerns. In addition, each pole is also required to have an identification tag visible to residents who wish to contact the carrier.