Any applicant for the placement, erection and location of wireless cellular telecommunications towers and/or antennas and associated ground-based equipment (i.e.: "telecommunications facility") must first contact the mayor and township committee to determine if land and/or existing facilities owned by the township are available to accommodate the proposed telecommunications facility. Telecommunications facilities must be located on or at township-owned land/facilities (i.e.: "township-owned property"), unless, upon a proper showing by the applicant, the proposed facility would not be viable on any such township-owned property due to the inability of the township-owned property to: (A) accommodate the proposed telecommunications facility's needs; or (B) provide adequate telecommunications coverage consistent with the carrier's FCC-approved license and/or franchise. In any such event, the proposed telecommunications facility shall be collocated at an already existing telecommunications facility in East Greenwich Township, unless no such pre-existing telecommunications facility is available or suited to the proposed coverage area and/or the physical needs of the proposed facility. In all such instances at set forth herein, it is the burden of the applicant to prove to the township committee that its proposed facility cannot be placed on or within township-owned property, or to the planning/zoning board that the proposed facility cannot be collocated at an already pre-existing telecommunications facility within the township. If it is determined that the proposed telecommunications facility can be located on township-owned property, then the applicant shall negotiate a lease with the township prior to applying for the township's planning/zoning board for such further relief and approvals as are necessary.

(Ord. 20-2008, § 1)

Any telecommunications facility proposed to be located on township-owned property, regardless of the zone district in which said township-owned property is located, or to be co-located at an existing telecommunications facility, regardless of the zone district in which said existing telecommunications facility is located, shall be deemed to be a "conditional use", as that term is defined in NJSA 40:55D-3, and shall be subject to all applicable bulk and area standards as set forth in the specific zone district in which the proposed facility is to be located, unless a variance from said standards is sought and granted. In addition to the foregoing, any applicant for a telecommunications facility on either township-owned property, or at an existing telecommunications facility, shall be required to submit a minor site plan application to the planning board. Except as set forth herein as to township-owned property, or property on which is an existing telecommunications facility, no such facility shall be considered as a permitted use anywhere else in the township.

(Ord. 20-2008, § 1)

In addition to the foregoing, an applicant for the siting and location of a telecommunications facility within the township shall comply with the following:

1.

All applicable design, construction, architectural, and other standards as set forth in the township's development, zoning, and/or other applicable sections of the Township Code.

2.

A showing as to how the proposed facility specifically relates to the suitability of the proposed site.

3.

A showing as to how the proposed facility relates to the unique and specific needs of the applicant, including, but not limited to, the FCC licensing granted to the applicant, the proposed coverage area, and why no other site within or without East Greenwich Township would be suitable for the needs of the applicant.

4.

Whether the proposed facility will accommodate the co-location of additional, future cellular communications antennas and associated ground-based equipment at the proposed site by other telecommunications carriers.

5.

Written evidence of a lease entered into by and between the applicant and the owner of the land on which the proposed telecommunications facility is to be located.

6.

Evidence submitted to the reasonable satisfaction of the township's planning/zoning board, that no alternative technology can be used to meet the needs of the applicant where such technology does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireless system. The cost of using such alternative technology shall not be presumed to render the technology unsuitable.

7.

Evidence submitted to the reasonable satisfaction of the township's planning/zoning board that the proposed telecommunications facility, or any component thereof, will not cause electromagnetic interference with any other private telecommunications facilities/equipment located within the township or any public radio or other telecommunications equipment used for a government purpose, including, but not limited to, equipment and/or communications bands used by "first responders" or other government entities, be they local, county, or state.

8.

Documentation and/or testimony from an independent expert(s) that all equipment will comply with the then-current Federal Communications Commission (FCC) and New Jersey Department of Environmental Protection (NJDEP) rules, regulations and guidelines, including that the radio frequency (RF) emissions from the proposed facility shall be within FCC and NJDEP guidelines. In the event that such FCC and/or NJDEP guidelines, rules and/or regulations are amended, the telecommunications operator shall provide notice to the Township Clerk of the Township of East Greenwich of the same, and the fact that the telecommunications provider is either: (a) in compliance with the new standards and/or guidelines, or (b) is not in compliance with the new standards and/or guidelines. The township's planning/zoning board reserves the right to hire such radio frequency and/or other experts with specialized areas of expertise in the field of telecommunications facilities, if deemed necessary, to evaluate the applicant's application before the planning/zoning board. In any such event, the reasonable costs of such additional experts shall be borne by the applicant.

9.

Nothing contained herein shall be deemed to be a waiver of such other bulk zone standards, conditions, and other requirements, as set forth in the township's zone code and development code, relief from which can only be granted by way of a formal waiver and/or variance, as the case may be, as applied for by the applicant and granted by the township's planning/zoning board. Any new cellular telecommunications tower to be constructed shall have a maximum height of one hundred twenty-five (125) feet.

10.

In addition, the following conditions and requirements shall apply to any approvals granted:

A.

All required electronic equipment for any approved antenna(s) to be located on the subject site, specifically ground-based equipment, shall utilize the minimal space necessary as proven to the reasonable satisfaction of the planning/zoning board and shall incorporate such safety features, landscaping, signage, and other conditions as may be reasonably required by the township's planning/zoning board to protect the health, safety and welfare of the community, the applicable zone in which the facility is to be located, and the character of the surrounding neighborhood. A landscape plan/design including fencing, shall be submitted to the planning board for review and approval as to the area related to any proposed ground-based equipment.

B.

Any building, structure or facility in which is located associated ground-based equipment necessary to accommodate the proposed telecommunications facility shall be limited to the minimum size necessary, as proven to the reasonable satisfaction of the planning/zoning board, and shall be designed and built in accordance with existing design and architectural standards in the township's development and zone codes, and shall adhere to such additional design standards as may be reasonably required by the planning/zoning board, in keeping with the nature of the zone district in which the facility is to be located, as well as the character of the surrounding neighborhood.

C.

Any telecommunications facility and/or associated buildings, structures, and equipment, not used for its intended and approved purpose for a period of six months or longer, shall be considered "no longer operative" and shall be removed by the responsible party within sixty (60) days thereof. As set forth herein, a "responsible party" shall be the legal entity having ownership of, and/or care and control over, the telecommunications facility and/or accessory structures and buildings.

D.

The applicant shall provide expert testimony that all telecommunications antennas or associated equipment that is a part of the proposed telecommunications facility, will meet or exceed all current standards and regulations of the FCC (and, if applicable, the FAA), and any other agency of either state or federal government with authority to regulate such facilities.

E.

If a proposed telecommunications facility involves a collocation of cellular communications antennae or other equipment on an existing communications tower, the applicant shall provide an expert report at the time of its application before the planning/zoning board, signed and sealed by a structural engineer licensed in the state, that the existing tower can structurally support the proposed collocation.

F.

Should any telecommunications operator within the township be denied their license by either the FCC, or any other state or federal agency of government having competent jurisdiction therein, or be the subject of a revocation of their license, or be cited for the violation of any safety or other rules or regulations, or should the FCC or such other agency of government deem that the telecommunication provider has violated any law, rule, regulation or standard governing the operation of their facility, then said operator shall submit evidence of same to the Township Clerk of East Greenwich Township within seventy-two (72) hours of any such occurrence.

(Ord. 20-2008, § 1)