One outside shower unit of typical design and no greater than 32 square feet shall be exempt from the lot coverage provisions of the zone in which the lot is situate.

All accessory outdoor kitchen structures shall not exceed a maximum of 3% of the total lot area on which the structure is located.

No structure of any kind shall be erected, placed, or maintained within any public right-of-way, easement, or dedicated street.

Except as otherwise provided in Subsection B(2), no trash bins, garbage bins and the like shall be located or placed within any portion of any public right-of-way, easement, or dedicated street.

No planting or vegetation shall be maintained in such manner that the same shall overgrow or intrude upon or over the paved portion of any public right-of-way, easement, or dedicated street.

No vegetation shall be planted or maintained which obstructs any part of any directional sign or traffic sign along any public right-of-way, easement, or dedicated street.

Property owners shall trim and maintain all vegetation so that it will not obscure or obstruct the vision line of any portion of any directional sign or traffic sign from the right-of-way or street and shall further trim and maintain all vegetation so that it neither intrudes upon or over the paved portion of any public right-of-way, easement, or dedicated street. The term "paved portion" shall include any improved sidewalk area abutting or adjacent to any such public right-of-way or public street.

In that portion of the public right-of-way extending five feet from the edge of the impervious pavement toward the abutting owner's property line, no obstructions may be placed and that area shall remain clear and unobstructed. The only improvements which may be installed at the owner's desire are as follows:

In that area of the public right-of-way extending a distance of 10 feet perpendicular to the abutting owner's property line, the following may be installed:

In that portion of the public right-of-way extending from the westerly end of any paved portion of the public right-of-way to the mean high water line of any body of water fronting on the westerly sideline of Long Beach Township, the storage or placement of any boat, vessel or other watercraft of any sort, kind or description without the owner being in attendance thereof and present shall be prohibited, and no vessel, boat or other watercraft shall be left unattended in such public right-of-way.

The owner of any boat, vessel or other watercraft left unattended in such public right-of-way shall be punished in accordance with and as provided for in Chapter 1, General Provisions, § 1-17.

All commercial vehicles and commercial equipment shall be immediately removed from the site if the required permits have not been issued, expire, or otherwise become invalid.

All commercial vehicles and commercial equipment shall be immediately removed from the site if construction activity is suspended or if the site is abandoned for a period of 30 days or more.

All commercial vehicles and commercial equipment shall be immediately removed from the site once all work has been completed and prior to and as a condition of the issuance of a certificate of approval or certificate of occupancy.

On any interior flag lot, measurements shall be taken from the crown of public road or easement upon which the flag fronts with the point of measurement taken at the crown of the road or easement at the center point of the flag and running on a straight line perpendicular to the edge of the road or easement, running directly from the crown of the road or easement to a point opposite the center of the buildable portion of the lot and thence running in a straight line to the point where the nearest vertical face of the building, shall intercept the finished grade of the lot.

Chimneys provided for fireplaces and the like: maximum of 42 inches.

Freestanding flagpoles shall be permitted with height limitations not to exceed the following.

Satellite dish antennas not exceeding two feet in diameter: maximum of three feet.

Open railing systems for safety around rooftop decks which do not exceed 42 inches in height and which are open and unobstructed to the maximum extent permitted by appropriate building codes.

Television antennas: maximum of eight feet.

Elevator towers.

Heating, air-conditioning and ventilating units: may exceed the maximum building height no more than 42 inches.

No accessory building shall be closer than the setback specified for the zone where the structure is located.

Setbacks on lots fronting on culs-de-sac shall be computed by measuring back on each side line the required distance, and then striking a line between the two points, provided that in no event shall any building be erected less than 10 feet to the street line.

On lots fronting or abutting rectilineal turnarounds on private easements, setbacks shall be measured from the access easement boundary lines which such rectilineal turnarounds serve. In the event the map creating such rectilineal turnaround does not show the easement line extending through the turnaround, setbacks shall be measured from the easement line as though the easement line extended through such turnaround.

When any lot is situated immediately adjacent to bay or lagoon waters, whether bulkheaded or not, no principal or accessory structure shall be closer than 10 feet from the waterline.

When measuring the setback requirements for the yard adjacent to the bay or lagoon waters, the measurements shall be taken from the waterline and from any easement line existing on said lot exclusive of walkway, utility, and drainage easements, not the property line.

In the beach dune area, if the principal structure fronts on the ocean, and the westerly side of the structure is the rear yard, then the minimum rear yard requirements shall be taken from the oceanfront building line. If the oceanfront building line does not traverse the property, then the measurement shall be taken from the easterly property line.

For purposes of § 205-11C, “waterline” shall mean the bulkhead for lots which are bulkheaded and the mean high-water mark for lots which are not bulkheaded.

Where a lot is situated between two lots each of which is developed with a main building, the minimum front-yard setback requirement of such lot may be the average of the front yards of the existing buildings but not less than 10 feet.

Where a lot adjoins one lot developed as described above and a vacant lot, the minimum front yard requirement of such lot may be the average of the front yard of the existing building and the established front setback line.

Where in a given block along the bay front there is a pronounced uniformity in the alignment of existing buildings and the setback depths are greater than required by the setback requirements of this chapter, then any new building shall conform substantially with the established setback line.

Chimneys extending or protruding no more than 24 inches from the building and no more than six feet in width along the building shall be permitted to encroach into the front, side, and rear yard setbacks of the applicable zone. The base of the chimney within the front yard setback shall be a minimum of eight feet above the grade and the top of the chimney shall not exceed the maximum overall building height as stated in § 205-10 of this Code. All chimney encroachments shall not be considered within the lot coverage calculations.

Construction of landings and stairs providing entry in connection with a house being raised so that the first-floor level is above base flood elevation (BFE) level may have 70 square feet projecting no more than eight feet from the face of the building for reconfigured entries, of which there can be no more than two. Each of the two allowable entries may have an additional 70 square feet, and these entries which do not exceed 70 square feet shall not be considered lot coverage. Regardless of the number or size of entries, a maximum of 32 square feet of entryway may be roofed over. A handicap chair lift constructed onto existing houses or a house being raised shall encroach within the front, rear, and side yard setbacks and not less than the minimum required setback for the zoning district where the chair lift is located.

Roof overhangs and window units.

Electric meter platforms, projecting not more than four feet from the building exterior wall and no more than three feet wide and a maximum of 24 inches above grade, with two steps, shall not be considered lot coverage and may encroach into the front and side yard setbacks of the lot on which the platform is located.

Flagpoles and decorative posts may encroach into the front, rear, and side yard setbacks of the lot.

Air conditioner compressor platforms not to exceed in total 32 square feet, pool equipment platforms not to exceed in total 32 square feet, and emergency generator platforms not to exceed in total 32 square feet may be located within the principal side yard setback from the street extending not more than four feet into the required setback from the property line and shall be a minimum of two feet from the property line. Ductless air conditioner units may encroach into the side and rear yard setbacks a maximum of 18 inches.

Temporary handicap ramps and walkways for which a physician's note has been provided to the Zoning Officer. Such ramps and walkways shall be permitted so long as required for use by the occupant at the property and shall be removed when no longer necessary, including, but not limited to, when the person no longer maintains his/her residence at the property and/or when the property is sold.

An exterior elevator tower may be permitted on all residential buildings constructed prior to October 29, 2012. The elevator tower may encroach into the rear yard only, not more than six feet from the face of the existing building and not greater than 36 square feet in area. The elevator tower shall not exceed the maximum building height as stated in §205-10A and C and shall be exempt from lot coverage and impervious coverage requirements.

For land mapped by the State of New Jersey as wetlands, all building line setbacks shall be measured from the edge of any mapped wetlands, mapped pursuant to the Wetlands Act of 1970.

For all such mapped wetlands, the setbacks shall be measured from the property line and not the waterline as set forth in 205-11(C), regardless of whether the lot is adjacent to bay or lagoon waters.

All side yards adjacent to an improved roadway must have a minimum setback distance of no less than 15 feet.

The minimum side yard requirement should not be less than the minimum required in the zoning district where the lot is located.

When a lot is an irregular shape and the lot frontage is greater than the opposite lot line, the total side yards will be calculated by the average of the sum of both lot lines multiplied by 30%, but in no event less than the minimum total side yards required for the zone where the lot is located.

A minimum distance of 15 feet shall be maintained between adjoining houses, and the measurement shall be taken from the most projected surface of the building that exists at least one foot above the ground, including, but not limited to, from elevated decks and bay windows.

Approved chimneys, outdoor stairways, HVAC units, emergency generators, pool equipment, and electric meters shall be exempt and not considered the most projected surface pursuant to the above measurement requirement.

No nonconforming lot shall be further reduced in size without a variance.

No nonconforming building shall be enlarged or altered in such a manner which would increase the degree of nonconformity without a variance.

No nonconforming use may be expanded without a variance.

Notwithstanding the foregoing, any existing single-family or multifamily residential structures and uses located in the general commercial zone and split residential and commercial zones may be enlarged or altered without a variance provided the use remains single-family or multifamily residential, no additional primary residential structures or subdivisions are created, and the proposed construction complies with the closest residential zone district requirements. If a property is located in two residential zone districts, the more restrictive residential zone district requirements shall apply.

The prohibition of single-family and multifamily residential structures in commercial zones is prospective to new residential construction. Any commercial lot or lot within both a commercial and residential zone upon which the use was single-family or multifamily residential at the time of the prohibition may continue the residential use of the property in compliance with the closest residential zone district requirements until the lot use is affirmatively changed to nonresidential by the owner, e.g., the total destruction of a residential property by a storm may be rebuilt and a residential structure may be demolished and later rebuilt as a residential.

Any vacant lot located in a commercial zone which was not developed as a commercial or mixed use prior to the prohibition of single-family and multifamily residential is permitted to construct a single-family or multifamily use in compliance with the closest residential zone district requirements.

No structures set forth above or any awnings, pergolas, gazebos, covering, or any other structure with a roof or roof-type structure shall be permitted on a roof or roof deck structure.

No floating home shall be occupied, and no floating home marina shall be permitted in any zone within the Township of Long Beach.

No marina shall permit the in-water or out-of-water storage of any floating home.

No person, firm or corporation shall operate or cause to be operated a floating home marina or rent, hold out for rent or sell any site of space for the location of a floating home.

Bins/cribs for watertight receptacles permitted by Chapter 168 may be placed at the property line, but no more than five feet off the front property or easement line. Any structure so placed need not adhere to the side yard setbacks required in that zone.

Bins/cribs which extend beyond five feet from the front property or easement line shall conform to all setback requirements of the zone.

Bins/cribs for watertight receptacles permitted by Chapter 168 may be placed at the property line but no more than five feet off the front property or easement line. Any structure so placed need not adhere to the side yard setbacks required in that zone

Commercial receptacles and dumpsters as authorized pursuant to site plan approval.

Fences or solid walls may be erected within the property lines of the side and rear yards of any residential lot, not to exceed five feet in height plus a one-foot allowance for a privacy panel which shall be at least 50% visibly open, that is to say will not result in a more than a 50% bar to open visibility, for a total of six feet, or a chain-link fence that is 100% open may be erected that may not exceed six feet. Walls and fences may be erected in that area of a lot fronting on a public street and extending from the property line to the permissible building setback line not to exceed four feet in height. Such fences must provide a minimum of 50% continuous visibility as that term is above described. Fences or walls 30 inches in height or less may be solid. Fences or walls on corner lots where two streets intersect must maintain a twenty-five-foot sight triangle on the corner and shall not exceed 30 inches in height.

On bayfront and lagoon lots, walls or fences along the bulkhead or the natural waterline and extending from that point to the permissible building setback line must not exceed four feet in height.

The maximum height of all fences and solid walls must be measured from the finished grade within the property lines of the residential lot upon which the fence or wall is erected.

No impervious surface shall be placed on any lot in the Township of Long Beach until a permit therefor has been issued by the Zoning Officer of the Township of Long Beach.

Application shall be made for impervious surface coverage to the Zoning Officer of the Township of Long Beach. The application shall be accompanied by an engineering plan prepared by a licensed civil engineer of the State of New Jersey, a licensed land surveyor of the State of New Jersey or a licensed architect of the State of New Jersey demonstrating that the surface drainage to be installed has been designed and will be implemented upon the lot in conformity with the requirements of Subsection B(2)(a) of this section. The application shall be accompanied by a fee in an amount as the Board of Commissioners of the Township of Long Beach may, by resolution, from time to time fix. The amount shall be sufficient to compensate the Township for any review fees billed by the Township Engineer for review and approval of the design plan prior to the issuance of any permit for impervious surface coverage. In fixing the fee, the Board of Commissioners of the Township of Long Beach shall include sufficient amount to compensate the Township of Long Beach for reasonable administrative expenses in receiving and approving any such application. The application shall be accompanied by an affidavit signed by the installer together with a bond in the form approved by the Long Beach Township Building Department, signed by the installer and guaranteeing for a period of six months the impervious surface shall perform as designed and provide positive drainage to the street as hereinabove called for in§ 205-33A. The bond shall further provide that, upon notification by the Long Beach Township Building Department of failure to perform, the installer shall, within 30 days, rectify the condition by replacing the impervious coverage to conform with the engineering plan so that positive drainage as above called for will occur. For a failure to comply with the provisions of the bond, the installer shall be subject to fine and imprisonment as called for in § 1-17 of the Code of Long Beach Township.

Impervious coverage on lots includes, but is not limited to, any area covered by a principal building, accessory building, grade level or elevated deck, swimming pool or spa, and any other covered or noncovered impervious surface.

A pervious surface area with a minimum width of 18 inches shall be provided between any impervious surface and the side yard and rear yard property lot lines. The eighteen-inch pervious area is not required for driveways with a minimum six-inch-high curbline along the side of a driveway abutting a property lot line.

Residential properties may be used by the owner or the lessee of the property for private sales in accordance with and pursuant to the requirements of Chapter 152.

Residential properties may be used by and/or with the consent of the owner for any and all activities relating to the listing and showing of the residential property for sale, including, but not limited to, private showings and open houses.

Residential properties may be used by and/or with the consent of the owner for home businesses and occupations as permitted in the residential zones by Chapter 205.

Residential properties rented, leased, and/or occupied by any family not the owner for a period of more than one year may be used or utilized for any wedding and/or wedding reception of any person.

All outdoor food service shall stop at 10:00 p.m.

All outdoor beverage service shall stop at 1:00 a.m.

Outdoor seats shall not exceed 15% of the legally approved indoor seating of the establishment providing outdoor seating.

Outdoor seating shall only be permitted in the Commercial Zone; provided, however, that any outdoor seating permitted and registered with the Long Beach Township Building Department in the year 2008 shall be permitted to continue.

All establishments utilizing the provisions of this section to provide outdoor seating for their patrons shall be responsible for the behavior of their patrons participating in the outdoor seating to insure that all Township noise[1] and other regulations are enforced and that good order is maintained.

No outdoor seating shall be permitted on any public right-of-way.

Submittal of application; late applications.

Revocation of outdoor seating license. An outdoor seating license issued pursuant to § 205-61 of the Code of the Township of Long Beach shall be revoked and all outdoor seats shall be removed within 24 hours of receipt of a notice to cease and desist issued by the Township and served upon the licensee personally or by certified mail return receipt requested or its equivalent if:

If any license has been revoked pursuant to Subsection B(2) above, the licensee, that is to say a person, firm, corporation or other legal entity owning a valid license issued by the Township of Long Beach or the State of New Jersey Alcoholic Beverage Commission, shall be ineligible to receive an outdoor seating license for the year following the revocation.

If any licensee, that is to say the person, firm, corporation or other legal entity owning a valid license issued by the Township of Long Beach or the State of New Jersey Alcoholic Beverage Control Commission, has had its license revoked on two occasions, that licensee shall be ineligible for any outdoor seating license permanently.[2]

Conditional use. A small wind energy system shall be allowed only as a conditional use accessory use to a permitted principal use or approved permitted conditional principal use.

Zoning. Small wind energy systems are allowed in all zoning districts subject to the provisions contained herein and elsewhere within The Township Code.

Permit required. It shall be unlawful to construct, erect, install, alter or locate any small wind energy system within the Township of Long Beach, unless a permitted conditional use permit has been obtained from the Land Use Board of the Township of Long Beach. The permitted conditional use permit may be revoked by the Board of Commissioners of the Township of Long Beach, after public hearing at which the property owner shall be afforded all rights of due process and an opportunity to be heard, at any time the approved system does not comply with the rules set forth in this section and with the conditions, if any, imposed by the Land Use Board of the Township of Long Beach. The owner and operator of the small wind energy system shall also obtain and secure any other permits required by other federal, state and local agencies or departments prior to the construction of the system.

Number of systems per zoning lot.

Tower or mast. Only monopole towers shall be permitted for any freestanding small wind energy system. Lattice, guyed or towers of any other type shall not be considered to be in compliance with this section and are prohibited.

Lighting. No lights shall be installed on the tower, unless required to meet FAA regulations.

Signage. No signage or advertising of any kind shall be permitted on any tower or any small wind energy system.

Climbing apparatus. Any tower must be designed to prevent climbing within the first 10 feet.

Maintenance. Facilities shall be well maintained in accordance with manufacturer's specifications and shall remain in an operational condition that poses no potential safety hazard nor is in violation of any provisions contained within this section or elsewhere within the Long Beach Township Code.

Displacement of parking prohibited. The location of the small wind energy system shall not result in the net loss of required parking as specified elsewhere in the Long Beach Township Zoning Ordinance.

Restriction on use of electricity generated. A small wind energy system shall be used exclusively to supply electrical power to the owner for on-site consumption, except that excess electrical power generated by the small wind energy system and not presently needed for use by the owner may be used by the utility company in accordance with the laws of the State of New Jersey as adopted by the Legislature or as authorized by any appropriate state administrative agency.

Noise. A small wind energy system shall be designed, installed and operated so that the noise generated does not exceed the maximum noise levels established elsewhere in the Code of the Township of Long Beach.

Shadow flicker/strobe or stroboscopic effect. No small wind energy system shall be installed and operated so to cause a shadow flicker/strobe or stroboscopic effect to fall on or in any existing structure or in an area where a lawfully constructed structure might be erected on a nearby lot either as a result of initial construction of such structure or as the result of the demolition of an existing structure and the rebuilding of a new structure in accordance with the various Codes of the Township of Long Beach.

Safety controls. Each small wind energy system shall be equipped with both an automatic and manual braking, governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, or turbine components. Said automatic braking system shall also be capable of stopping turbine rotation in the event of a power outage so as to prevent back feeding of the grid.

Shutoff. A clearly marked and easily accessible shutoff for the wind turbine will be required as determined by the Fire Marshal and the Building Official of the Township of Long Beach.

Wind access easements. The enactment of this section does not constitute the granting of an easement by the Township of Long Beach. The small wind energy system owner/operator shall have the sole responsibility to acquire any covenants, easements, or similar documentation to assure and/or protect access to sufficient wind as may not be necessary to operate the small wind energy system.

Engineer certification. Applications for any small wind energy system shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of all components of the small wind energy system showing compliance with the applicable regulations and certified to a New Jersey licensed professional engineer shall also be submitted.

Installation. Installation must be done by a New Jersey licensed electrical contractor according to manufacturer's recommendations. All wiring and electrical work must be completed according to the applicable building and electric codes. All electrical components must meet code-recognized test standards.

Removal. If the small wind energy system remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned. The small wind energy system owner/operator shall remove the abandoned system at his expense. Removal of the system includes the entire structure, transmission equipment and fencing from the property, excluding foundations.

Right of entrance. As a condition of approval of a conditional use permit, an applicant seeking to install a small wind energy system shall be required to sign a petition and waiver agreement which shall be recorded and run with the land granting permission to the Township of Long Beach to enter the property to remove the small wind energy system pursuant to the terms of approval and to assure compliance with the other conditions set forth in the permit. Removal shall be at the expense of the owner/operator and the cost may be assessed against the property.

The following setbacks shall be required:

Maximum height. Height shall be measured from the ground to the top of the tower, including the wind turbine generator and blades.

Minimum lot size.

Clearance of blade. No portion of a horizontal axis small wind energy system blade shall extend within 20 feet of the ground. No portion of a vertical axis small wind energy system shall extend within 20 feet of the ground. No blades may extend over public parking areas, public driveways or public sidewalks. No blade may extend within 20 feet of the nearest tree, structure or aboveground utility facilities. No blade may extend beyond the property boundary lines of the lot upon which the small wind energy system is located.

Location.

All permitted outdoor fires shall be maintained in a manner that ensures any smoke and embers arising therefrom do not interfere with the air quality, peace, and quiet enjoyment of neighboring residents.

With the sole exception of grills and related, permitted cooking devices, all portable fire devices and permanent fire devices shall possess and employ an ember-suppressing lid (stone/masonry devices must have a lid or screen).

An application shall be submitted to the Zoning Officer accompanied by a plan prepared by a licensed civil engineer, land surveyor, or architect licensed by the State of New Jersey indicating the type of device and location to be installed.

The Zoning Officer may waive the requirement for the plan required by Subsection D(1) for a permanent fire device.

Except as set forth herein, neither permanent fire devices nor portable fire devices shall be located in any side yard or area of any lot fronting on a public street or easement.

Portable fire devices shall be a minimum of five feet from any building or structure and a minimum of 10 feet from any lot line, except that such shall be permitted on decks and patios, provided such are a minimum of five feet from any building and 10 feet from any lot line. All portable fire devices shall be measured from the furthest protruding edge of the device, except that fire pits shall be measured from the center of the pit to the lot line and from the furthest protruding edge to any building or structure.

Permanent fire devices shall be a minimum of five feet from any building or accessory structure and a minimum of 10 feet from any lot line, except that such may be permitted on decks and patios. All permanent fire devices shall be measured from the furthest protruding edge of the device, except that fire pits shall be measured from the center of the pit to the lot line and from the furthest protruding edge to any building or structure.

Portable and permanent fire devices shall be within the radius of a working garden hose or a working fire extinguisher shall be stored within 10 feet therefrom.

Except as provided herein, no permanent fire devices or portable fire devices shall be permitted to be installed or placed under any portion of any building, accessory building, or structure.

This section shall be enforced by the Long Beach Island Health Department, Code Enforcement Officers, and the Police Department.

Any authorized officer, agent, employee or representative of the Township who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section.

A violation of this section shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

Any fire determined to be in violation of this section shall be required to be extinguished for the night.

Protect residential areas and land uses from potential adverse impacts of wireless communications facilities and encourage applicants to locate wireless communications facilities, to the extent practicable and possible, in areas where the adverse impact to the community is minimal.

Encourage and ensure the appropriate location of wireless communications facilities to avoid potential damage to adjacent properties and ensure the public health, welfare, and safety through proper engineering and careful siting of wireless communications facilities in accordance with federal and state law.

Encourage the collocation and joint use of existing and approved wireless communications facilities, towers, and utility poles as a primary option rather than construction of new tower-based wireless communications facilities and new small wireless facility poles.

Encourage applicants to configure wireless communications facilities in a way that minimizes their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging and stealth technology to preserve the aesthetic character in accordance with applicable zoning, planning, and design standards.

Promote and ensure the positive impact of wireless communications facilities and enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently and to ensure that the residents, visitors, public safety operations, and businesses have reliable access to wireless telecommunications networks and state-of-the-art communications services.

Comply with applicable federal and state law on the siting and regulation of wireless communications facilities while protecting the public health, welfare, and safety.

This section is not intended to, nor shall it be interpreted or applied to:

In furtherance of the foregoing goals, due consideration shall be given to the master plan, zoning map, existing land uses, and environmentally sensitive areas in the approving of sites for the location of wireless communications facilities and the regulation of such facilities.

All wireless communications facilities are subject to these regulations, except as otherwise provided herein.

Amateur radios; receive-only antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Preexisting towers or antennas. Preexisting towers or antennas shall not be required to meet the requirements of this section, other than the requirements regarding building codes and safety standards. This exception shall not apply to any expansion or intensification of a preexisting tower or antenna.

Public entities. Wireless support structures, tower-based wireless communications facilities, and wireless communications facilities operated, leased, or used by the Township shall be exempt from the requirements of this section. The Township shall be a permitted use in all zone districts, provided that any lease authorizing such facilities has been approved by the Township, and, as a condition of any such lease, the Township may require site plan approval or may exempt the applicant from approval.

Satellite dish antenna. This section shall not govern any parabolic satellite antennas.

Wireless communications facilities are a permitted use in the general commercial, special commercial, and marine commercial zones. Only collocation of small wireless facilities on utility poles in the ROW and the construction of small wireless facility poles for the purpose of siting small wireless facilities in the ROW shall be permitted in residential zones and only 1 such wireless communications facility shall be permitted on each utility pole and small wireless facility pole. No other wireless communications facilities of any type shall be permitted in any residential zones or within 100 feet of a lot in residential use or a residential district boundary.

No wireless communications facilities are permitted inside or on any buildings or accessory buildings. Except for the collocation of small wireless facilities on utility poles and siting of small wireless facilities on small wireless facility poles in the ROW as required by federal and state law, and, as otherwise provided by the Township Code, no non-tower-based wireless communications facilities shall be permitted.

No lattice towers or guyed-lattice towers shall be permitted.

Except as otherwise provided by law for public utilities and the approval and construction of new small wireless facility poles for the purpose of siting small wireless facilities as permitted by the Township Code, no new wireless communications support structures, such as towers or monopoles, shall be permitted in the ROW. Only collocation of small wireless facilities, nonsubstantial changes to existing wireless communications support structures, utility poles, and small wireless facility poles shall be permitted in the ROW.

No advertising or non-safety-related signs of any type shall be permitted on any wireless communications facilities, wireless communications support structures, wireless communications equipment, cabinets, or base stations.

All wireless communications facilities shall comply with all applicable federal, state, county, and Township laws and regulations.

It is the Township's policy that the first priority locations for wireless communications facilities shall be the Township-owned towers, and then non-Township-owned existing towers and wireless communications support structures, and all applicants for new wireless communications facilities shall make all reasonable and good faith efforts to collocate the proposed wireless communications facilities and/or secure the location of such facilities on the Township-owned wireless communications support structures first, the non-Township-owned existing towers and wireless communications support structures second, the collocation of small wireless facilities on existing utility poles third, and the construction of small wireless facility poles fourth.

The Township's priority policy for small wireless facilities is as follows:

An applicant proposing any wireless communications facility at a new location shall demonstrate and document that it made its best efforts to find a collocation site and that none was available, practicable, economically feasible, or viable.

The Township may assess appropriate and reasonable application and fees directly related to the actual costs in reviewing and processing the application for approval of wireless communications facilities, as well as actual inspection, monitoring, and related costs, as set by resolution. The Township may also impose and require escrow fees for the payment of actual fees and costs, as the Township deems appropriate by way of resolution.

Retention of experts and costs. The Township and the Land Use Board may use and/or hire any consultants, engineers, attorneys, and/or experts to assist with the review and application for approval of wireless communications facilities, and, following approval, assist with the review and evaluation of any potential violations. The applicant and/or owner of the wireless communications facility shall reimburse the Township and the Land Use Board for all costs of the foregoing activities.

All applications shall be accompanied by a fee directly related to a reasonable approximation of the Township's costs reasonably incurred as a direct result of the application and which fee shall be set at $500 for an application including one to five location sites and $100 for each additional location site.

In addition to other fees provided herein, every wireless communications facility in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, if any, including, but not limited to, the costs of the administration and performance of all review, inspection, supervision, and other ROW management activities by the Township. The owner of each wireless communications facility shall pay an annual fee to compensate the Township for the Township's costs incurred, if any. The annual ROW management fee for wireless communications facilities shall be determined by the Township and authorized by resolution. Unless otherwise permitted by law, the annual fee shall be set at $270 for each site in the ROW.

Except as otherwise provided, no wireless communications facilities shall be constructed, erected, or substantially changed unless site plan approval and any and all applicable variances are obtained from the Land Use Board.

This section shall not apply to existing utility poles, the replacement of utility poles, and new utility poles in the ROW and the construction of small wireless facility poles in the ROW. The foregoing does not constitute towers or tower-based wireless communications facilities.

The following provisions shall apply to applications for such approval:

In addition to any and all information required for applications for site plan approval or a variance pursuant to the Township Code, applicants for approval for the construction or installation of wireless communications facilities shall submit all of the items identified on the application checklist, along with the following information before the application is certified as complete.

Time frame for review. The Land Use Board shall render a decision on an application within 150 days of receipt of a complete application.

Incomplete applications. The Land Use Board may toll the 150-day time frame set by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Township Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The 150-day time frame shall begin again upon receipt of the supplemental submission.

Subsequent incomplete applications. The Land Use Board may thereafter toll the 150-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.

Failure to act. If the Land Use Board does not approve or deny an application within 150 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Land Use Board in writing that the review period has expired. Upon the Land Use Board's receipt of this notice from the applicant, the application shall be deemed granted.

An application for development to construct and/or install new wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities shall not be subject to site plan review, provided the application meets the following requirements:

Each application shall be limited to a request to construct and/or install a total of one wireless communications facility that constitutes new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.

All applications shall be submitted to the Municipal Clerk on the proscribed application and checklist form(s) and shall include the following information.

Initial review. The Board of Commissioners shall review the application and advise the applicant within 30 days as to whether the Township deems that the application is subject to these or other regulations. If compliance with other subsections are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.

Time frame for review. The Board of Commissioners shall review and approve or deny the application within 90 days of receipt. This ninety-day period may be extended by mutual agreement of the Township and the applicant.

Incomplete applications. The Board of Commissioners may toll the ninety-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The ninety-day time frame shall begin again upon receipt of the supplemental submission.

Subsequent incomplete applications. The Board of Commissioners may thereafter toll the ninety-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.

Complete applications. The Board of Commissioners shall, within the ninety-day time frame, approve all complete applications for the construction and/or installation of all wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Board of Commissioners determines that an application fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Board of Commissioners shall advise the applicant to initiate the applicable process.

Applications on improper towers. Notwithstanding the foregoing, the Board of Commissioners is not obligated to approve an application for new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, and nonsubstantial changes to non-small wireless facilities on a wireless communications support structure or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.

Failure to act. If the Board of Commissioners does not approve or deny an application for the construction and/or installation of all wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities within 90 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Board of Commissioners in writing that the review period has expired. Upon the Board of Commissioners receipt of this notice from the applicant, the application shall be deemed granted.

Notwithstanding any other regulation to the contrary, the Board of Commissioners may relax any requirement, at its sole and absolute discretion for any or no reason.

An application for collocation and nonsubstantial changes to small wireless facilities shall not be subject to site plan review and shall not require compliance with Subsection J, provided the application meets the following requirements.

Each application shall be limited to a request to construct and/or install a total of 10 wireless communications facilities that constitute collocation and nonsubstantial changes to small wireless facilities.

All applications shall be submitted to the Municipal Clerk on the proscribed application and checklist form(s) and shall include the following information:

Initial review. The Board of Commissioners shall review the application with consultation with the Township Engineer, the Township Attorney, and any other consultants and/or experts deemed necessary to determine whether the application qualifies as a request for collocation, whether the change proposed is nonsubstantial. The Board of Commissioners shall review the application and advise the applicant within 30 days as to whether Township deems that site plan approval by the Land Use Board or compliance with Subsection J are required. If site plan approval or compliance with Subsection J are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.

Time frame for review. The Board of Commissioners shall review and approve or deny the application within 60 days of receipt. This sixty-day period may be extended by mutual agreement of the Township and the applicant.

Incomplete applications. The Board of Commissioners may toll the sixty-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The sixty-day time frame shall begin again upon receipt of the supplemental submission.

Subsequent incomplete applications. The Board of Commissioners may thereafter toll the sixty-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.

Complete applications. The Board of Commissioners shall, within the sixty-day time frame, approve all complete applications for the collocation and nonsubstantial changes to small wireless facilities and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Board of Commissioners determines that an application fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Board of Commissioners shall advise the applicant to initiate the applicable process.

Applications on improper towers. Notwithstanding the foregoing, the Board of Commissioners is not obligated to approve an application for small wireless facilities, collocation, removal, or replacement of equipment on a wireless communications support structure or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.

Failure to act. If the Board of Commissioners does not approve or deny an application for collocation and nonsubstantial changes to small wireless facilities within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Board of Commissioners in writing that the review period has expired. Upon the Board of Commissioners' receipt of this notice from the applicant, the application shall be deemed granted.

Notwithstanding any other regulation to the contrary, the Board of Commissioners may relax any requirement, at its sole and absolute discretion for any or no reason.

Uniform Construction Code; safety standards; standard of care. Wireless communications facilities shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, foundation, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, National Electrical Safety Code, National Electrical Code, the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Township Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.

Collocation. An application shall not be approved unless the Land Use Board finds that the wireless communications equipment cannot be accommodated on an existing or approved structure or building. Any application shall include a comprehensive inventory of all existing towers and other suitable structures within a three-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Wind. Wireless communications support structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association.

Height. Wireless communications facilities shall be designed at the minimum functional height and shall not exceed a maximum total height of 100 feet, which height shall include all subsequent additions or alterations. All applicants must submit documentation to the Land Use Board justifying the total height of the structure.

Public safety communications. No wireless communications facilities shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio frequency emissions. No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Identification. All wireless communications facilities shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval of the Land Use Board.

Lighting. Wireless communications facilities shall not be artificially lighted, except as required by law and as may be approved by the Land Use Board. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Appearance and visual compatibility requirements.

Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.

Nonconforming uses. Nonconforming wireless communications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of the Township Code.

Removal. In the event that use of a wireless communications facility is planned to be discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned based wireless communications facilities or portions of based wireless communications facilities shall be removed as follows:

Additional antennas. As a condition of approval for all wireless communications facilities, the applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on the wireless communications facilities where technically and economically feasible. The owner of a tower-based wireless communications facility shall not install any additional antennas without obtaining the prior written approval as required in this section.

Environmental. Wireless communications facilities shall comply with all applicable environmental regulations.

Visual or land use impact. The Land Use Board shall have the discretion to deny an application for the construction or placement of any wireless communications facility based upon visual and/or land use impact.

Inspection. The Township shall possess the right to inspect any wireless communications facility to ensure compliance with the provisions of the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Township 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Setbacks. The following setback requirements shall apply to all towers:

Separation distance from tower to tower. No tower shall be within 1,500 feet of another tower. Tower separation shall be measured from the base of the tower to the base of the other tower.

Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the tower-based wireless communications facility in the minimum coverage amount of $5,000,000 for any one claim and $10,000,000 for any aggregate claim. The insurance policy shall name the Township as an additional insured. The existence of any available and/or applicable insurance shall not waive or release the applicant from the obligations set forth in the required indemnification agreement included in the application.

Fence/screen.

Accessory equipment.

Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless communications facility. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless communications facility owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.

Bond. Prior to the issuance of a permit, the owner of a tower-based wireless communications facility outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in the state and maintain a bond or other form of security acceptable to the Township Attorney, in an amount of $500,000 to assure the faithful performance of the terms and conditions of the Township Code and as a guarantee that no such installation or equipment exceeds or will exceed the allowable FCC limits for radio frequency emissions and radiation exposure to the general public. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and the bond shall be held and maintained during the entire period of the owner's operation of each wireless communications facility.

Indemnification. All applicants shall be required to execute an indemnification agreement in the form required and pursuant to which the owner shall agree to defend, hold harmless, and indemnify the Township, its officers, employees, agents, attorneys, volunteers, and independent contractors to the fullest extent under the law.

Time, place and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless communications facilities based on public safety, traffic management, physical burden on the ROW, public health, welfare, and safety, and related considerations.

Small wireless facilities, collocation, and nonsubstantial changes to wireless communications facilities shall be limited to the placement of wireless communications on utility poles and small wireless facility poles inside the ROW.

No small wireless facility poles shall include any visible exterior lighting of any kind.

All ROW regulations shall apply to all entities and applicants, regardless of whether the ROW is owned and/or controlled by the county or the state.

The collocation of small wireless facilities on utility poles in the ROW, the replacement of utility poles to site small wireless facilities in the ROW, and the construction of new small wireless facility poles in the ROW for the purpose of siting small wireless facilities in the ROW shall not constitute towers or tower-based wireless communications facilities and shall comply with the applicable regulations and the following.

Except as otherwise provided in Subsection O(5)(b) for small wireless facilities, no wireless communications facilities, including small wireless facilities, shall be located within 300 feet of any other wireless communications facilities.

All ground-level cabinets for wireless communications facilities shall comply with the following:

Pole-mounted antennas and cabinets shall comply with the following:

Uniform Construction Code; safety standards; standard of care. Any wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of ANSI, National Electrical Safety Code, National Electrical Code, the state Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Township Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in Township.

Wind. Wireless communications facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.

Public safety communications. Wireless communications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.

Radio frequency emissions or radiation. Wireless communications facilities shall not, by themselves or in conjunction with other wireless communications facilities, generate radio frequency emissions or radiation in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Design and new technology. All wireless communications facilities shall comply with the requirements of Chapter 81.[1]

Separation; separation distance from wireless communications facilities and antennas. Except as otherwise provided in Subsection O(5)(b) for small wireless facilities, no wireless communications facility or antenna shall be within 300 feet of another. The separation shall be measured from the base of the utility pole and/or small wireless facility pole to the base of the other utility pole and/or small wireless facility pole.

Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Historic buildings or districts. No wireless communications facility may be located within 150 feet of any building or structure that is listed on either the National or state Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township, or has been designated by the Township as being of historic significance.

Visual impact and safety. The Township reserves the right to deny an application for the construction or placement of any wireless communications facilities based upon visual and/or land use impact and require design modification as a precondition to approval. No wireless communications facility shall be permitted in any sight triangle or otherwise interfere with sight lines and/or the public health, welfare, and safety.

Removal. In the event that use of the wireless communications facility is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities or portions of wireless communications facilities shall be removed as follows:

Maintenance. The following maintenance requirements shall apply:

Bond. Upon approval of the application and prior to the issuance of a permit, the owner of each wireless communications facility shall, at its own cost and expense, obtain from a surety licensed to do business in the state and maintain a bond, or other form of security acceptable to the Township Attorney, in an amount of $10,000 for each such wireless communications facility to assure the faithful performance of the terms and conditions of the Township Code and as a guarantee that no such installation or equipment exceeds or will exceed the allowable FCC limits for radio frequency emissions and radiation exposure to the general public. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township, and the bond shall be held and maintained during the entire period of the owner's operation of each wireless communications facility.

Inspection. The Township shall possess the right to inspect any wireless communications facility to ensure compliance. The Township and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Township 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the wireless communications facility in the minimum coverage amount of $2,000,000 for any one claim and $3,000,000 for any aggregate claim for each wireless communications facility location. The insurance policy shall name the Township as an additional insured. The existence of any available and/or applicable insurance shall not waive or release the applicant from the obligations set forth in the required indemnification agreement included in the application.

Indemnification. All applicants shall be required to execute an indemnification agreement in the form required and pursuant to which the owner shall agree to defend, hold harmless, and indemnify the Township, its officers, employees, agents, attorneys, volunteers, and independent contractors to the fullest extent under the law.

The construction, repair, maintenance or installation of any Township or other public improvement in the ROW;

The operations of the Township or other governmental entity in the ROW;

Vacation of a street or road or the release of a utility easement; and/or

An emergency as determined by the Township.

Each year on July 1, the owner shall submit an affidavit which shall list all active wireless communications facilities it owns within the Township by location and certifying that:

The Township shall have the right to employ a qualified radio frequency engineer to conduct an annual random test of wireless communications facilities to ensure their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the general public. The cost of such tests shall be paid by the owner of the wireless communications facilities.

The owner shall pay an annual fee set forth in Subsection G(2) per active wireless communications facility.

Any wireless communications facility that is no longer in use shall be removed by the owner within 60 days of submission of the annual recertification affidavit, at the owner's expense.

Where such annual recertification has not been timely submitted, or equipment no longer in use has not been removed within the required sixty-day period, no further applications for wireless communications facilities shall be accepted until such time as the annual recertification has been submitted and all fees and fines paid.

A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply to a Federal District Court for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this chapter.

A violation of this section shall be punishable as provided in Chapter 1, General Provisions, Article III, General Penalty.

Police Powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.

All mobile homes located pursuant to N.J.S.A. 40:55D-104 shall comply with all regulations applicable to the construction and siting of single-family residential structures.

All existing, mixed mobile home and RV parks at the time of the adoption of this chapter shall be exempt from this regulation precluding parks with both recreational vehicle and mobile homes. Any change or expansion at an existing park shall require compliance with this regulation.