Dover City Zoning Code
§ 236-43.1
Telecommunications antennae and towers.
[Added 3-9-2004 by Ord. No. 6-2004]
A. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK BOARD OF ADJUSTMENT FAA FCC GOVERNING AUTHORITY HEIGHT MUNICIPAL LAND USE LAW PLANNING BOARD PREEXISTING TOWERS AND ANTENNAE PUBLIC OFFICER TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes but is not limited to man-made trees, clock towers, bell steeples, light poles, flag poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennae or towers.
Any exterior transmitting or receiving device mounted on a tower building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals on other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
The Town of Dover Board of Adjustment whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
The Federal Aviation Administration.
The Federal Communications Commission.
The Mayor and Board of Aldermen of the Town of Dover of the Town of Dover.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure including the base pad and any antenna, even if said highest point is an antenna.
Municipal Land Use Law 40:55D-1 et seq.
The Town of Dover Planning Board whose statutory authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Any tower or antenna on which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section other than the requirements of the FAA, FCC, those requirements herein for removal of abandoned antennae and towers, and maintenance. This includes permitted towers or antennae that have not yet been constructed so long as such approval is current and not expired.
The Zoning Official of the Town of Dover.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennae, including but not limited to self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
B.
Applicability.
(1)
New towers and antennae. All new towers or antennae in the Town of Dover shall be subject to these regulations, except as provided in Subsection B(4).
(2)
District height limitations. The height limitations applicable to buildings and structures shall not apply to towers and antennae.
(3)
Public property. Antennae or towers located on property owned, leased or otherwise controlled by the governing authority shall be exempt from the requirements of this section, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority.
(4)
Amateur radio; receive-only antennae. This section shall not govern any tower or the installation of any antennae that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a reception-only antenna. Any permits under this section shall be subject to the appropriate federal regulations.
C.
General guidelines and requirements.
(1)
Purpose; goals. The purpose of this section is to establish general guidelines for the site of wireless communications towers and antennae. The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennae;
(b)
Encourage the location of towers in nonresidential areas;
(c)
Minimize the total number of towers throughout the Town of Dover;
(d)
Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(e)
Encourage users of towers and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(f)
Encourage users of towers and antennae to configure them in a way that minimizes the adverse visual impact of the towers and antennae through careful design, site planning, landscape screening, and innovative camouflaging techniques;
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;
(h)
Consider the public health and safety of communication towers; and
(i)
Avoid potential damage to adjacent properties from tower failure through engineering and careful site planning of tower structures. In furtherance of these goals, the Planning Board or Board of Adjustment, whichever has jurisdiction, shall give due consideration to the Town of Dover's Master Plan, Zoning Map, existing land uses, historic districts, structures and sites, and environmentally sensitive areas in approving sites for the location of towers and antennae.
(2)
Principal or accessory use. Antennae and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot-coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennae or towers may be located on leased parcels within such lots. Towers that are constructed and antennae that are installed in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Planning Board or Board of Adjustment, whichever has jurisdiction, an inventory of all existing towers, antennae or sites approved for towers or antennae that are within the jurisdiction of the governing authority and within one quarter mile of the border thereof, including specific information about the location, height and design of each tower. The Planning Board or Board of Adjustment, whichever has jurisdiction, may disseminate information pursuant to the Right-to-Know Law[1] or any other law or regulation pertaining to the dissemination of public records to any organization seeking to locate antennae within the jurisdiction of the governing authority provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, is not, by disseminating such information, in any way representing or warranting that such sites are available or suitable.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(4)
Aesthetics; lighting. The guidelines set forth in this section shall govern the location of all towers and the installation of all antennae governed by this section; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may grant variances to these requirements if it determines that the goals of this section are better served thereby and in accordance with the Municipal Land Use Law (MLUL).[2]
(a)
Towers shall maintain a galvanized steel finish, subject to any applicable standards of the FAA, and be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and built environment.
(c)
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(d)
Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the Planning Board or Board of Adjustment, whichever has jurisdiction, may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate towers and antennae.
(6)
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is maintained in compliance with standards contained in the Uniform Construction Code[3] and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 10 days to bring such tower into compliance with such standards. If the owner fails to bring such tower into compliance within said 10 days, the Mayor and Board of Aldermen, in conjunction with the Town of Dover's Construction Code Official, may order the removal of such tower at the owner's expense and lien the property for all costs incurred, including professional fees expended.
(7)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities whether located in the Town of Dover or any adjacent municipalities irrespective of municipal jurisdictional boundaries.
(8)
Not essential services. Towers and antennae shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(9)
Franchises. Owners and/or operators of towers or antennae shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Town of Dover have been obtained and shall file a copy of all required franchises with the Planning Board or Board of Adjustment, whichever has jurisdiction.
(10)
Signs. No signs shall be allowed on an antenna or tower other than warning or directional signs required by law.
(11)
Building and support equipment. Buildings and support equipment associated with antennae or towers shall comply with the requirements of Subsection G.
(12)
Multiple antenna/tower plan. The Town of Dover encourages the users of towers and antennae to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(13)
Access road. All access roads leading to the tower and antennae area shall be paved with asphalt or constructed with gravel as deemed appropriate by the Planning Board or Board of Adjustment, whichever has jurisdiction. The access road shall include an area for sufficient parking and turnaround radius for at least one vehicle.
D.
Permitted and conditional uses.
(1)
General. The uses listed in Subsection D(2) below are deemed to be either permitted uses or conditional uses and shall require site plan approval. Nevertheless, all such uses shall comply with the pertinent sections of this section and all other applicable ordinances.
(2)
Permitted uses. The following uses are deemed permitted uses in all commercial and industrial zoning districts:
(a)
Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna; provided, however, that such tower shall be set back from any existing off-site residential dwelling unit a distance equal to the height of the tower;
(b)
Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, flag pole, water tower or other freestanding, nonresidential structure) that is 50 feet in height or greater, so long as said additional antenna adds no more than 20 feet to the height of said existing structure; and
(c)
Installing an antenna on any existing tower of any height, so long as the addition of said antenna adds no more than 20 feet to the height of said existing tower and said existing tower is not a preexisting tower as defined herein.
(3)
Conditional use. The uses listed in Subsection D(2)(a) through (c) are conditional uses in all residential zoning districts, shall require a conditional use permit and shall only be allowed if the following conditions are met:
(a)
The applicant must demonstrate that the proposed tower or antenna cannot be located in a commercial or industrial zoning district.
(b)
The applicant must demonstrate that suitable colocation is not available.
(c)
Setbacks. The following setback requirements shall apply to all towers and antennae for which a conditional use permit is required; provided, however, the Planning Board or Board of Adjustment, whichever has jurisdiction, may reduce the standard setback requirements if the purpose and goals of this section, as outlined in Subsection C(1), would be better served thereby:
(4)
In granting a conditional use permit, the Planning Board or Board of Adjustment, whichever has jurisdiction, may impose conditions to the extent the Planning Board or Board of Adjustment, whichever has jurisdiction, concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
E.
Approvals.
(1)
General.
(a)
The Planning Board has exclusive jurisdiction pursuant to the MLUL and this section, unless it is determined that the Board of Adjustment has jurisdiction pursuant to the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (use variance), at which point the provisions of this section shall apply to the Board of Adjustment.
(b)
Each applicant for approval shall apply to the Planning Board or the Zoning Board of Adjustment as indicated supra, providing the information set forth in this section.
(c)
The Planning Board or the Zoning Board of Adjustment, as indicated supra, shall review the application for approval and determine if the proposed use complies with this section.
(d)
The Planning Board or the Zoning Board of Adjustment, as indicated supra, shall respond to each such application within the time parameter established pursuant to the MLUL after receiving an application deemed complete.
(e)
In connection with any such approval, the Planning Board or the Zoning Board of Adjustment, as indicated supra, may, in order to encourage shared use, waive any zoning district setback requirements or separation distances between towers by up to 50% in accordance with N.J.S.A. 40:55D-51.
(f)
In connection with any such approval, the Planning Board or the Zoning Board of Adjustment, as indicated supra, may, in order to encourage the use of monopoles, allow the reconstruction of an existing tower to monopole construction.
(2)
Checklist information required. Each applicant requesting a conditional use permit and/or site plan approval under this section, in addition to meeting the checklist requirements for site plans, shall submit the following additional information:
(a)
A scaled site plan prepared by a licensed professional engineer clearly indicating the location, type and height of the proposed tower, other on-site land uses and adjacent land uses and zoning (including when adjacent to other municipalities), zoning district designation and lot line delineation of all properties within the applicable separation distances set forth herein, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, site topography, parking and other information deemed by the Planning Board or Board of Adjustment, whichever has jurisdiction, to be necessary to assess compliance with this section.
(b)
A property survey prepared by a licensed professional land surveyor of the parent tract and leased parcel.
(c)
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
(d)
The separation distance from other towers described in the inventory of all existing tower and antenna sites shall be shown. The applicant shall also identify the type of construction of the existing tower(s) and antenna(s) and the owner/operators.
(e)
A landscape plan showing specific landscape materials including the types, quantity, size and location of all proposed vegetation. The scientific and common names of the vegetation shall be included.
(f)
Method of fencing, including height, material, construction details and finished color and, if applicable, the method of camouflage and illumination.
(h)
A notarized statement by the applicant as to whether construction of the tower will accommodate colocation of additional antennae for future users.
(i)
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
(k)
A description of the feasible location(s) of future towers or antennae within the Town of Dover based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l)
All proofs of an engineering nature that are submitted, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(m)
Any other information deemed by the Planning Board or Board of Adjustment, whichever has jurisdiction, to be necessary to assess compliance with the MLUL and this section.
F.
Additional requirements.
(1)
General.
(a)
Antennae located on existing structures of towers shall conform with the following:
[1]
Antennae on existing structures. Any antenna which is not attached to a tower may be approved by the Planning Board or Board of Adjustment, whichever has jurisdiction, as an accessory use to any commercial, industrial, professional, institutional or multifamily structure of eight or more dwelling units provided:
[2]
Antennae on existing towers. An antenna which is attached to an existing tower may be approved by the Planning Board or Board of Adjustment, whichever has jurisdiction, and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, colocation of antennae by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such colocation is accomplished in a manner consistent with the following:
[a]
A tower which is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board or Board of Adjustment, whichever has jurisdiction, allows reconstruction as a monopole.
[b]
Height.
[i]
An existing tower may be modified or rebuilt to a taller height, not to exceed 20 feet over the tower's existing height or the maximum height as stipulated in Subsection F(1)(c) for the number of users, whichever is greater, to accommodate the colocation of an additional antenna.
[ii]
The height change referred to in Subsection F(1)(a)[2] may only occur one time per communication tower.
[iii]
The additional height referred to in Subsection F(1)(a)[2] shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations.
[c]
On-site location.
[i]
A tower which is being rebuilt to accommodate the colocation of an additional antenna may be moved on site within 50 feet of its existing location.
[ii]
After the tower is rebuilt to accommodate colocation, only one tower may remain on the site.
[iii]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of the separation distance required.
(b)
Included in the site plan review the applicant shall present proofs that a licensed professional engineer certifies that the tower can structurally accommodate the number of shared users proposed by the applicant, now or in the future.
(2)
Availability of suitable existing towers or other structures. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board or Board of Adjustment, whichever has jurisdiction, that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antennae on the existing towers or structures or the antennae on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are significant other limiting factors that render existing towers and structures unsuitable.
(g)
Applicant shall have the affirmative obligation of proving that it has attempted to enter into a contract with the owners of the existing tower and structure.
[1]
This obligation shall include copies of all correspondence as to rates, cost of contributions, etc.
[2]
Copies of rejection of the offers propounded on the applicant by the owners of the existing structure and/or tower.
[3]
Written cost proposals indicating actual quoted figures required by the owner of the existing structures and/or tower.
[4]
A detailed cost analysis indicating the cost to the applicant to construct new tower and/or structure.
(h)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(3)
Separation. The following separation requirements shall apply to all towers and antennae; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may reduce the standard separation requirements if the goals of this section would be better served thereby.
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas.
[2]
Separation requirements for towers shall comply with the minimum standards established in Table I.
Table I Separation From Off-Site Uses/Zones | ||
|---|---|---|
Adjacent Land Use | Separation Distance | |
Residentially zoned land other than publicly held open space land | 200 feet or 2 times the height of tower, whichever is greater | |
Nonresidentially zoned land or publicly held open space land | 100 feet or height of tower, whichever is greater | |
(b)
Separation distances between towers.
[1]
Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base. pursuant to a site plan, of the proposed tower. The separation distances shall comply with the minimum standards established in Table II.
Table II Separation Distances Between Towers (feet) Existing Tower Types | |||||
|---|---|---|---|---|---|
Proposed Tower Types | Lattice | Guyed | Monopole 75 feet in Height or Greater | Monopole Less than 75 Feet in Height | |
Lattice | 5,000 | 5,000 | 1,500 | 750 | |
Guyed | 5,000 | 5,000 | 1,500 | 750 | |
Monopole 75 feet in height or greater | 1,500 | 1,500 | 1,500 | 750 | |
Monopole Less than 75 feet in height | 750 | 750 | 750 | 750 | |
(4)
Security fencing. Towers shall be enclosed by security fencing not less than six feet nor more than eight feet in height and shall be slatted and equipped with an appropriate anticlimbing device; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may grant a waiver of such requirements as it deems appropriate in accordance with N.J.S.A. 40:55D-51.
(5)
Landscaping. The following requirements shall govern the landscaping surrounding the towers for which a site plan and conditional use permit is required; provided, however, that the Planning Board or Board of Adjustment, whichever has jurisdiction, may grant a waiver of such requirements as it deems appropriate in accordance with N.J.S.A. 40:55D-51.
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide and 12 feet high outside the perimeter of the compound.
(b)
In locations where the visual impact of the tower would be minimal, and where deemed appropriate by the Planning Board or Board of Adjustment, whichever has jurisdiction, the landscaping requirement may be reduced or waived altogether.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be deemed to be a sufficient buffer, where deemed appropriate by the Planning Board or Board of Adjustment, whichever has jurisdiction.
G.
Buildings and other equipment storage.
(1)
Antennae mounted on structures or rooftops. The equipment cabinet or structure used in association with antennae shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 15 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 150 square feet of gross floor area or 12 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of the building, the area of the equipment structure and other equipment and structures shall not occupy more than 15% of the roof area.
(2)
Antennae mounted on existing poles used for other purposes. The equipment cabinet or structure used in association with antennae mounted on existing poles used for other purposes shall be located in accordance with the following:
(a)
In residential districts, the equipment cabinet or structure may be located:
[1]
In a front or side yard, provided the cabinet or structure is no greater than 12 feet in height or 150 square feet of gross floor area and the cabinet/structure is located a minimum of 10 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.
[2]
In a rear yard, provided the cabinet or structure is no greater than 12 feet in height or 200 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(b)
In commercial or industrial districts, the equipment cabinet or structure shall be no greater than 15 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 36 inches.
(3)
Antennae located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 15 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
H.
Removal of abandoned antennae and towers.
(1)
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Zoning Officer notifying the owner of such abandonment.
(2)
If such antenna or tower is not removed within said 90 days, the Mayor and Board of Aldermen may order the removal of such antenna or tower at the owner's expense and lien the property for the costs associated therewith inclusive of professional fees.
(3)
If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
I.
Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed and antennae that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennae. Notwithstanding Subsection H, bona fide nonconforming towers or antennae that are damaged or destroyed may be rebuilt without having to first obtain approval or a conditional use permit and without having to meet the separation requirements specified herein. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.