Measure expected to be revised following objections from company.
By: Jennifer Potash
A wireless communication ordinance in Princeton Borough and Princeton Township hit a dead zone this week after a national wireless communication company claimed the measure violated existing governmental regulations.
The ordinance, introduced in both municipalities, updates existing zoning regulations specifying tower locations and related requirements.
A major change in the ordinance is a "least-visibly intrusive technology requirement" for the towers. A goal of the ordinance was to try to achieve more discrete placement of wireless technology, such as the recent installation of a wireless transmitter inside the bell tower of Trinity Episcopal Church.
To minimize the number of wireless towers, the existing zoning regulations also encourage wireless companies to provide opportunities for co-location with competitors. The proposed ordinance requires applicants unable to incorporate co-location in the design to explain why co-location isn’t feasible.
But attorneys for Sprint Spectrum, a wireless telecommunications provider, sent a detailed letter outlining their objections to both the borough and township attorneys and to the Princeton Regional Planning Board. The Planning Board had endorsed the ordinance.
The Princeton Borough Council by unanimous voice vote Tuesday tabled the ordinance until the Planning Board’s wireless communications consultants review Sprint’s concerns. The Princeton Township Committee unanimously rejected the ordinance Monday. Township Attorney Edwin Schmierer said the changes Sprint Spectrum is proposing are considered substantive. The ordinance will be redrafted and sent back to the Planning Board for review, he said.
Diane M. Constantine, an attorney with the law offices of Alan B. Zublatt in South Brunswick, said the proposed ordinance conflicts with existing federal and state regulations.
She said municipal zoning boards may not mandate a particular technology. The Federal Communications Commission (FCC) regulates the type of technology that meets its licensing requirements, Ms. Constantine said.
Also, local zoning boards do not have the authority to require an applicant to prove the wireless structure will not adversely affect nearby historical sites, Ms. Constantine said. Only the New Jersey Historic Preservation Office may conduct the review, she said.
The proposed ordinance requirement for wireless companies to coordinate plans for towers violates federal law that encourages competition among providers, Ms. Constantine said.
Sprint also objects to aspects of the ordinance’s safety provisions, such as "anti-climbing devices" to deter unauthorized access. The wording of the ordinance is too vague and "may be cost-prohibitive and invite inconsistency," according to Ms. Constantine.
Other objections include the requirement to landscape and screen the towers. Those requirements cannot be imposed "carte blanche," based on previous court decisions, and must be made on a "case-by-case basis," said Ms. Constantine.
Ultimately, municipal zoning boards can’t reject an application if it meets federal standards for closing a "significant gap" in the telecommunications network and "least intrusive" technology, Ms. Constantine said.
The letter does not threaten legal action and requests a delay in adopting the ordinance to work out the issues with municipal officials.
Mayor Marvin Reed said if the council does not act on the ordinance by December, the proposal dies and the governing body must reintroduce it next year.
Staff Writer David Campbell contributed to this story.