The purpose of this article is to set forth general conditions and guidelines for the placement of wireless telecommunications towers, antennas and facilities within the Township of Little Falls.

The goals of this article are to:

Building codes; safety standards. To ensure the structural integrity of wireless telecommunications towers, the owner of a tower shall maintain it in compliance with the standards contained in applicable state and local building codes, as well as the standards for towers as published and periodically amended by the Electronic Industries Association. Wireless telecommunications tower owners shall periodically inspect these towers at least once every two years to ensure the structural integrity of the tower. A structural engineer licensed to practice in New Jersey shall conduct the tower inspections. The inspection results shall be provided to the municipal Construction Code Official, Township of Little Falls Engineer, and the governing body of the Township. If, after inspection and notice being provided to the owner of the tower, the Township of Little Falls reviewing body concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then the owner of the tower shall have 30 days to ensure the tower complies with such standards. At the discretion of the governing body and the reviewing body, the applicant will be required to post a bond in an amount sufficient to ensure compliance with this provision and entire article. Failure to comply with such standards within 30 days shall constitute grounds for removal of the tower and/or antenna at the owner's expense. The owner shall, in the case of conflicting code standards, comply with the most stringent of the applicable standards.

Regulatory compliance.

Security. Wireless telecommunications towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with an appropriate anti-climbing device to prevent unauthorized access. However, the reviewing body may waive or permit variance from such requirements for alternative tower structures.

Lighting and signs.

Advertising. No advertising shall be permitted on any wireless telecommunications antenna or tower.

Visual impact.

Landscaping.

Principal, accessory and joint uses.

Municipal use of towers. The Township of Little Falls shall be permitted reasonable use and access of any tower to be erected within the Township for municipal purposes, including without limitation police, fire department/rescue squad and public works communications and other municipal government uses.

Site plan approval required. Site plan approval by the appropriate Township of Little Falls agency consistent with this article and this chapter shall be required for all new wireless telecommunications facilities in the Township.

Planning Board authority. This article shall in no way restrict or limit the powers or discretion of the Township of Little Falls Planning Board in reviewing site plan applications, otherwise granted under law.

The following language/wording must appear on the insurance certificate: "The certificate holder (Township of Little Falls) is included as an additional insured as respects losses arising solely from the erection, installation, construction and maintenance of the cell site in its broadest and most inclusive sense."

Ten days' written notice of cancellation must be provided to the Township of Little Falls.

The insurance certificate must be written by a company licensed to do business in the State of New Jersey and rated A or better by A.M. Best Rating, and the certificate shall also state: "Rated by A.M. Best Rating."

The terms of the policy, including coverage, shall be determined by the governing body and the reviewing body during the application process and shall be in effect prior to commencement of any work being undertaken concerning the application.

The governing body of the Township of Little Falls may approve the uses listed in this section as an incident to a lease or license duly approved by the Mayor and Council.

Each applicant for administrative approval shall apply to the Construction Official of the Township of Little Falls providing the information required by this article.

The Construction Official, in consultation, if necessary, with the Township Engineer, shall review the application for completeness to determine if the proposed use complies with the requirements of this article. The matter shall thereafter be referred to the Township of Little Falls Planning Board for site plan review in accordance with the requirements of this article.

In connection with any administrative approvals, the Planning Board may grant waivers from the provisions of § 280-171 of this article or other relevant and applicable provisions hereof upon a showing by the applicant that the advantages of the waiver outweigh the detriment and that the waiver will not substantially impair the public good.

The Planning Board shall use the standards of the within article as set forth in § 280-171 in determining whether to permit the proposed construction.

If the application is denied by the Planning Board, the applicant shall have a right to file an appeal in the Superior Court or apply for an approval as otherwise provided in this article.

The applicant shall deposit with the Township of Little Falls a nonrefundable fee as set forth in Chapter 71, Fees, for administrative costs that may be incurred in the review of the application. In the event that it is determined that the costs incurred by the Township for legal or engineering review by its professional consultants exceeds the amount of the application fee, the applicant may be required to post a cash escrow as may be determined by the Township and administered in a manner conformable to the requirements of the Municipal Land Use Law.

In the event of a denial of an application to the Planning Board for permission pursuant to this article to erect a tower facility on Township property or in the event the applicant can demonstrate an inability to construct a tower on Township-owned or -leased property, the applicant may file a site plan application and conditional use application with the Planning Board for site plan approval and conditional use approval for a wireless telecommunications facility consistent with the requirements of the within article. Any departure from the provisions of the within article shall require an application for a use variance pursuant to N.J.S.A. 40:55D-70d.

Such an application shall be governed by the following standards, as well as other standards and requirements in this chapter:

Information required. In furtherance of any information required for an application pursuant to any provision of this article, as well as any applicable Township zoning ordinance, the applicant shall submit the following information:

Factors considered in granting approval for towers, antennas and related structures. In addition to any standards for consideration of the application with the Municipal Land Use Law, the Planning Board shall consider the following factors, without limitation, in determining whether to issue an approval:

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board 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. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

Bulk requirements.

Location. For all equipment cabinets or structures used in association with antennas, other than antennas mounted on rooftops or structures, the equipment cabinet or structure shall be located in accordance with the bulk requirements of the zone applicable to accessory buildings or structures, other than any limitation applicable to the number of such accessory uses or structures, in which the same is located, but in all events, not more than 25 feet from the base of the tower. All such structures shall be appropriately screened by a planting row having an ultimate height equal to or exceeding the height of the structure and a planted hedge of at least 36 inches.

Height and area. In all zones, the height of any equipment cabinet or structure used in association with antennas shall not exceed 10 feet as measured from the ground elevation as defined in this chapter. The area of any such equipment cabinet or structure shall not exceed 300 square feet of gross floor area.

The location of an antenna on a rooftop or structure for purposes as set forth herein shall be governed by the provisions of this article. All height limitations as imposed herein shall be measured from the ground elevation of the building or structure as the same is defined in the Township of Little Falls Zoning Ordinance.

The equipment cabinet or structure used in association with such antennas shall comply with the following:

In the review of any application for approval pursuant to the provisions of the within article, the reviewing body shall not impose unreasonable restrictions on the rights of the applicant pursuant to the provisions of the United States Constitution and the provisions of federal legislation or the regulations of the FCC.

In connection with any application to the Planning Board, all of the technical standards contained in the within article as to any category of application shall apply to any application.

Any application to site the facility on Township of Little Falls property shall be subject to the public bidding statutes of the State of New Jersey as well as subject to a lease agreement with appropriate financial conditions agreeable to the Township.

In deciding an application after notice and hearing, the Planning Board shall adopt a resolution which shall contain specific findings of fact and conclusions of law dealing with the criteria of the Land Use Act and the within article.

In deciding an application, the Planning Board shall make specific findings of fact and conclusions as to whether the proposed structure will be aesthetically displeasing in its setting and shall have the right to impose conditions in order to minimize any adverse aesthetic impact.

In any application other than an application to locate a tower on Township-owned or -leased property, the Planning Board shall give consideration to the nature of the community, the other uses permitted in the zone, the existing uses in the surrounding area, the alternative means available for satellite transmission and reception and any other circumstances which may be pertinent.

The Planning Board shall give consideration as to whether prohibiting the applicant from erecting its facility in the Township of Little Falls would have the probable practical effect of prohibiting the applicant's communications facility from operating or that the audience it could reach would be different. The Planning Board may also consider whether there are other available locations outside of the Township of Little Falls on which applicant's facilities could be more suitably located and still provide essentially the same communications services.

Any antenna or tower that is not operated for a continuous period of 180 consecutive days shall be considered abandoned, whether or not the owner or operator intends to make use of the tower. The owner of an abandoned antenna or tower and the owner of the property where the tower is located shall be under a duty to remove such abandoned tower or antenna. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owners of such abandonment, the Township may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The Township may pursue all legal remedies available to it to ensure that abandoned communications towers and antennas are removed. Delay by the Township in taking action shall not in any way waive the Township's right to take action. The Township may seek to have the communications tower or antenna removed regardless of the owners' or operators' intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.

If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this article as if such tower or antenna were a new tower or antenna.