Hainesport City Zoning Code
ARTICLE XVII
Telecommunications Towers and Antennas
§ 104-150 Purpose.
This article is designed and intended to balance the interest of the residents of the Township of Hainesport with those of telecommunications providers and telecommunications customers in the siting of telecommunications towers and antennas (facilities) within the Township of Hainesport so as to protect the health, safety and integrity of residential neighborhoods and to foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and which shall not prohibit, or have the effect of prohibiting, the provision of personal wireless devices. Toward that end, the goals of this article are to:
A.
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
B.
Facilitate the provision of wireless telecommunications services to the residents and businesses of the Township as well as to those individuals traveling through the Township.
C.
Minimize the total number of towers throughout the community.
D.
Minimize the adverse visual effects of towers through careful design and siting standards.
E.
Require the use of existing tower sites (including electric power towers) or predesignated power properties as sites for new towers or predesignated existing buildings or structures as a primary option rather than construction of additional single-use towers.
F.
Ensure such towers are sited, constructed and maintained in a manner which poses the fewest hazards to the general public as possible.
G.
Provide for the timely removal of local communications facilities and restoration of the sites they occupied once they are abandoned or otherwise withdrawn from service; and in furtherance of these goals, the Township of Hainesport shall give due consideration to the Hainesport Township Master Plan, the Zoning Map and zoning ordinances, existing land uses and inventory map of existing towers and structures in environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 104-151 Definitions.
This article shall delineate the following definitions:
Mounting structures that camouflage or conceal the presence of towers.
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omnidirectional antennas.
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.
Use of a common wireless telecommunications tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity.
Licensed commercial wireless telecommunication services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.
An enclosed structure, cabinet, shed or box at the base of the local communications facility within which are housed batteries and electrical equipment.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a tower or other structure, the distances measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna.
A freestanding tower with multiple legs and cross-bracing of structural steel.
A single, freestanding pole-type structure, tapering from base to top, and supporting one or more antennas for wireless transmission.
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this article, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
A company that provides wireless services via a local communications facility.
Any ground- or roof-mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.
A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by this article.
§ 104-152 Permitted uses.
A.
Permitted as conditional uses in nonresidential zones. Subject to the conditions set forth in this article and to site plan approval, except as otherwise provided below, new telecommunications towers and antennas shall be permitted as conditional uses in all nonresidential zoning districts within the Township of Hainesport. Telecommunications towers and antennas shall not be permitted in the R-1 Residential District, R-2 Residential District, R-3 Residential District, RR-5 Rural Residential District, BC Business Commercial with Residential Business Use District, PRD Planned Development District and SCOD Senior Citizen District.
[Amended 7-19-2004 by Ord. No. 2004-9-6]
B.
Preexisting towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this article (nonconforming wireless telecommunications towers) are subject to the following provisions:
(1)
Nonconforming wireless telecommunications towers may continue in use for the purpose now used but may not be expanded (i.e., by increasing size or height, or by adding additional users) without complying with this article.
(2)
Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor but without otherwise complying with this article. However, should the destruction or damage be determined by the Hainesport Planning Board to be of such an extent that it is beyond the scope and intent of the "partial destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration will require compliance with this article.
(3)
The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade (but not expand) such telecommunications tower or increase its height or reduce the setbacks in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this article.
C.
General requirements for towers and antennas.
(1)
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunication services within the Hainesport Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with the above, shall be located in accordance with the following locations:
(a)
Existing towers. The first priority location shall be co-location on existing telecommunication towers used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of an electronic communication; provided, however, that locations which meet this criteria shall be subject to the design and siting components of this article, and co-location sites shall not become "antenna farms" or otherwise be deemed by the Land Use Board to be visually obtrusive.
(b)
Publicly used structures. The second priority location shall be on land or structures owned, in order of specific preference, by the Township of Hainesport; the Board of Education of the Township of Hainesport; the County of Burlington; the State of New Jersey; any other state, county or local governmental agencies or bodies. These publicly used structures are preferred locations throughout the Township because they appear in many zoning districts, are dispersed throughout the Township and, due to their institutional or infrastructure uses, are generally similar in appearance to, or readily adaptable for, telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include, but are not limited to, facilities such as municipal buildings, police or fire stations, schools, libraries, community centers, civic centers, utility structures, water towers, elevated roadways, bridges, flagpoles, clock or bell towers and light poles.
(c)
The third priority location shall be wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations, particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.
(d)
The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the Hainesport Township area.
(2)
The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no such existing, suitable facility within the service area that could be utilized.
(3)
Local communications facilities shall be located in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii to v to the extent feasible and consistent with other provisions contained herein.
(4)
Additionally, if multiple sites for new towers that meet all other qualifications are available, the site with the least visible impact should be selected; if only a single qualifying site is available, the best location on the site that meets all other standards must be used.
(5)
The design and construction of a new local communications facility tower shall adhere to the provisions of N.J.A.C. 7:50-6.103 to 7:50-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise or hide local communications facilities towers so that they blend into the natural background to the extent possible.
D.
Co-location policy.
(1)
Each applicant for a new telecommunication tower shall present documentary evidence regarding the need for wireless antennas within the Township of Hainesport. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Township.
(2)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or co-location sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or co-location sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing building or structures or co-location sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer shall be paid from escrow funds supplied by the applicant.
(3)
Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Hainesport and surrounding areas with coverage in the Township, as well as any changes proposed within the following twelve-month period, including plans for new locations in the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to co-locate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, as amended (hereinafter "FTA"), cannot be provided without the proposed tower.
E.
Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(1)
How the proposed location of the telecommunications tower relates to the object of providing full wireless communications services within the Township of Hainesport area.
(2)
How the proposed location of the proposed telecommunications tower relates to the location of any existing antennas within and near the Hainesport Township area.
(3)
How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Hainesport Township area by the applicant and by other providers of wireless communications services within the Hainesport Township area.
(4)
How the proposed location of the proposed telecommunications tower relates to the objective of co-locating the antennas of many different providers of wireless communications service within the Hainesport Township area.
F.
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency, in which case the latter scheduling will control. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
G.
Safety standards/building codes. To ensure the structural integrity of towers, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time, and as may be published by the Electronics Industries Association or such other agency or association having expertise in the field. Owners of towers shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Said inspection shall be conducted by a qualified, independent engineer licensed to practice in the State of New Jersey, and the results of such inspection shall be provided by way of written report to the Township Committee of the Township of Hainesport. Failure to undertake such inspection and/or provide the Township with the aforementioned report shall constitute grounds for the removal of the tower or antenna at the owner's expense.
H.
Tower setbacks. The following setback requirements shall apply to all telecommunications towers and antennas; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this article would be better served thereby, and, in the event any of the following provisions conflict with one another, then the more strenuous and stringent standards shall apply:
(1)
Towers shall meet the setbacks of the underlying zoning district with the exception of the industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(2)
Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Plan of the Township by a minimum distance equal to 1 1/2 times the height of the tower, including all antennas and attachments.
(3)
Towers shall not be located between a principal structure and a public street, with the following exceptions:
(4)
Towers must be set back a distance equal to 1 1/2 times the height of the tower from any off-site residential structure.
(5)
For antennas attached to the roof or a supporting structure on a rooftop, a one-to-one setback ratio (example: ten-foot-high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.
(6)
A tower's setback may be reduced, or its location in relation to the public street varied, at the discretion of the Board to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light standard, power line support device or similar structure.
I.
Lot size. For purposes of determining whether the installation of a tower or antennas complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and such other requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located only on a portion of such lots.
J.
Abandonment and removal.
(1)
Abandonment. Any telecommunications tower and equipment which is not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it or any part of it, and shall be removed by the facility owner at its cost. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna as set forth below.
(a)
If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner must first apply for and receive all applicable permits and meet all of the conditions of this article as if such tower or antenna was a new tower or antenna.
(2)
Removal. When an owner of a telecommunications tower and antenna who has been notified to remove the same fails to do so within 60 days of receipt of notice from the Township notifying the owner and/or operator of such abandonment and the need to remove the same, then the Township may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of tower removal and site restoration. The amount of the bond shall have taken into consideration any cost escalation that may be reasonable anticipated.
(a)
Any delays by the Township in taking action under this subsection shall not in any way waive the Township's right to take action.
K.
Principal accessory and joint uses. Accessory structures used in direct support of a telecommunications tower shall be allowed but not used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility. Telecommunications towers may be located on sites containing another principal use in the same buildable area.
L.
Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type pole is necessary for the co-location of additional antennas on the tower.
M.
Additional submission requirements. A report from a qualified expert shall be submitted containing the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.
(2)
Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in its current adopted standards and revisions.
(3)
Indication of the height above grade for all potential mounting positions for co-located antennas and the minimum separation distance between antennas.
(4)
Description of the tower's capacity, including the number and type of antennas that it can accommodate.
(5)
Statement detailing current FCC information concerning wireless telecommunications towers and radio.
(6)
Frequency emission standards as well as information on the projected power density of the proposed facility and how it meets the FCC standards.
(7)
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation.
N.
Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site shall be submitted at the time of the application.
O.
Visual impact study. A visual impact study shall be submitted, graphically simulating through models, computer-enhanced graphics or similar techniques the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications tower where the wireless telecommunications tower will be most visible. Aerial photographs of the impact area shall also be submitted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
P.
Aesthetics. 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 and related facilities to the natural setting and surrounding environment. The tower itself shall be of a color appropriate to the tower's locational context so as to make it as unobtrusive as possible, unless otherwise required by the FAA. To the extent that any local communications facility or its supporting new tower extends above the height of the vegetation immediately surrounding it, it shall be painted in a light gray or light blue hue which blends with the sky.
Q.
Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation except where a design of nonvegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
R.
Landscaping.
(1)
Landscaping shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
(2)
The following standards shall apply to clearing and landscaping for construction of a new local communications facility:
(a)
Clearing of existing vegetation shall be the minimum necessary to allow for access to and operation of the facility.
(b)
The tower portions of local communications facilities which will be located adjacent to residential zones, recreational areas or public roads shall be partially screened at ground level from public view in the following manner:
[1]
One or more rows of evergreen trees, at least four feet in height when planted, and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be spaced not more than seven feet apart around all lattice towers and any monopole more than 50 feet tall.
[2]
Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1 1/2 inches in diameter measured three feet above grade, and spaced not more than 20 feet apart, shall be planted around the evergreen trees.
[3]
The screening shall be maintained and replaced as necessary while the facility is in service.
S.
Lighting. No lighting is permitted except as follows:
(1)
Equipment, buildings and compounds may have security and safety lighting at the entrance, provided that the light that is attached to the facility is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes. No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
T.
Height. The antenna and any supporting structure shall not exceed 200 feet in height, but, if a lesser height, the same shall be designed so that its height can be increased to 200 feet if necessary to accommodate other local communications facilities in the future.
U.
Signs and advertising. No advertising is permitted on a telecommunications tower or accompanying facilities. Only signs for warning or equipment information shall be permitted on any portion of a tower or equipment building.
V.
Fencing and other security devices. Telecommunications towers and equipment buildings in compounds shall be surrounded with a security fence, including an appropriate anti-climbing device or other similar protective device to prevent unauthorized access to the telecommunications facilities, and shall be further surrounded with a security fence. Additional safety devices shall be permitted or required as needed and as approved by the Board as may be necessary.
W.
Noise. No equipment shall be operated so as to produce noise in excess of limits set by Chapter 121, Noise, of the Township Code except in emergency situations requiring the use of a backup generator.
X.
Radio frequency emissions.
(1)
The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission, and telecommunications towers that meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(2)
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the RF emissions from the local communications facility. Such measurements shall be made by a qualified technician, who shall certify that the measurements are within applicable limits.
Y.
Application requirements.
(1)
Preapplication conference. Early consultation by applicants with municipal officials is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the appropriate board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the board will meet with the applicant at the next regularly scheduled meeting of the board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and engineering drawings to inform the board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the board.
(2)
Site plan approval by the Planning Board shall be required before any new local communications facility may be erected. The following information shall be submitted to the Planning Board for its review:
(a)
A scaled site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s); on-site land uses and zoning; contour lines at no greater than five-foot intervals above mean sea level (AMSL); existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; and setbacks from property lines.
(b)
Photos of the proposed site of the facility showing current conditions.
(c)
The setback distance from the nearest structure.
(d)
A map showing the location of all other local communications facility towers and other structures within the municipality as well as outside of the municipality within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures.
(e)
A landscape plan showing proposed landscaping.
(f)
The location and type of fencing, if applicable, and the type, location, color and power of any illumination.
(g)
An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a tower is proposed.
(h)
An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to co-locate on the proposed facility.
(i)
Written confirmation from any other wireless providers who have expressed a desire to co-locate on the proposed facility that the selected site meets their operational needs and space requirements for equipment sheds and the like.
(j)
Computer simulation models, photographic juxtaposition or a similar technique shall be submitted in support of the application to show how the facility will appear on site and will be used by the appropriate board in determining conformance with the visual impact standards of this section. Such material will also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4.
(k)
Information required for all other standards of this chapter.
(l)
In the event that the co-location is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to the co-location, or that a new tower has less visual impact at an alternate site. The cost for such technical expert will be at the expense of the applicant.
§ 104-153 Violations and penalties.
A.
Any person who attempts to erect or erects a telecommunications tower or antennas covered by this article without having first obtained the necessary approvals, variances or building permits in the manner provided in this article shall be deemed in violation of this article. Any responsible party or other persons convicted by a court of competent jurisdiction of violating any provision of this article shall be punished by a fine not to exceed $2,000 or by imprisonment not to exceed 90 days or by a sentence of community service not to exceed 90 days. If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained in violation of this article, or without obtaining the required approvals or permits, or if any building, structure or land is used in violation of this article, the Township Solicitor, in addition to any other remedies, may institute proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use or to correct or abate such violations. Each and every day that such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense. In the event that the Township is successful in securing the judicial relief requested, then the owner and operator of the telecommunications tower shall be jointly and severally liable for the reasonable costs and attorneys fees incurred by the Township in the course of said action.
[Amended 5-23-2006 by Ord. No. 2006-5-4]
B.
Where a fine in excess of $1,250 is sought to be imposed for a housing violation or for a zoning violation, the applicable owner and/or operator shall be provided a thirty-day period in which the owner and/or operator has an opportunity to cure or abate the condition prior to the scheduling of a hearing in Municipal Court. In the event that the objectionable activity or condition is not resolved to the satisfaction of the Township following said thirty-day period, then the owner/operator shall have an opportunity for a hearing before the Municipal Court. After the thirty-day period, the higher fine may be imposed if the Municipal Court has not determined that the abatement has been substantially completed.
[Added 5-23-2006 by Ord. No. 2006-5-4]