Mantua Township City Zoning Code
ARTICLE XIV
Minor Modifications of Wireless Facilities
§ 230-106 Title.
This article may be referred to as the "Minor Modifications of Wireless Facilities Ordinance."
§ 230-107 Purpose; requirements; applicability.
A.
The primary purpose of this article shall be to conform with 47 U.S.C. § 1455 while still allowing for appropriate review to ensure the safety, health and welfare of the Township and its residents.
B.
Applicability of article This article shall apply only to applications for minor modifications, as defined below, of wireless towers and base stations. All such applications require approval from the Administrator and/or the Mantua Township Construction Office prior to receiving the appropriate permits. Applications for minor modifications to wireless towers and/or base stations shall include the information requested herein.
§ 230-108 Definitions.
As used solely in this article, the following terms shall have the meanings indicated. These definitions are not intended to alter the meanings of the exact or similar terms as defined in Code § 230-7 nor are they intended to apply to other sections of the Code:
The Township of Mantua Zoning Officer.
The Township of Mantua Planning Board and/or Zoning Board or other authority having jurisdiction.
The NJDCA-authorized Construction Official, the place of business and as officially designated by the Township of Mantua to review and approve applications under applicable codes of construction under authority of the State of New Jersey. The Mantua Township Construction Office by definition includes its successors and assigns, and/or as designated by Township of Mantua and/or state authority.
With respect to existing wireless towers and/or base stations within the Township of Mantua, requests for co-location of new transmission equipment, removal of transmission equipment or replacement of transmission equipment that will not result in a substantial alteration of the physical dimensions of such tower or base station.
The individual, entity and/or owner that is seeking approval to make minor modifications to a wireless tower or base station. Should the property owner be different than the owner or entity who is seeking approval for minor modifications, the property owner shall provide written consent and provide same at time of application for approval.
§ 230-109 Zoning permit requirements and procedure.
A.
Permit. A zoning and building permit shall be required for all modifications, minor or otherwise, to existing wireless towers or base stations. An owner shall submit an application for a zoning permit to the Administrator. A building permit shall be applied for at the Mantua Township Construction office as a separate application.
B.
Documents.
(1)
The zoning and building permit application shall be accompanied by a sketch plan or survey which shall accurately depict the proposed modification(s) and include the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimension (including height) and types of existing major structures on the property;
(c)
The right-of-way of any public road that is contiguous with the property;
(d)
Any overhead utility lines;
(e)
A written description of the proposed modifications and an explanation as to why the modifications do not require review by the Board.
(2)
The documents and plans shall contain enough information and accurately depict the proposed modifications such that the Administrator may determine whether the proposed modifications may be approved without the Board's review. The Administrator may request any additional documentation from the owner that he/she deems necessary to make this determination, and the owner must provide the requested information.
C.
Board review: In the event that the Administrator and/or Construction Office does not believe the proposed modifications constitute minor modifications, the application shall be referred to the Board for their review. A determination to refer the application for review to the Board shall be in the sole judgment and discretion of the Administrator and/or Mantua Township Construction Office.
D.
Fees and escrow. The application for a zoning permit for minor modifications to wireless facilities must be accompanied by a fee of $500. Building permit fees shall be set by the Mantua Township Construction Office. At the Administrator's request, where he/she determines in his/her discretion that the application requires review by any of the Township professionals, the owner shall post any requested escrow funds necessary to cover the cost of the review by the Township's professionals.
E.
A permit issued pursuant to this article shall expire if the modifications are not completed within 12 months from the date the permit is issued.
F.
The Administrator shall issue a zoning permit or refer the application to the Board within 10 days of the date on which the application is received.
G.
If the zoning permit application is approved, the Administrator will return one signed copy of the application with the zoning permit and retain the other copy with the application.
H.
If the zoning permit application is referred to the Board, the Administrator will notify the applicant, in writing, and provide a written statement of the reason why the application requires the Board's review.
I.
Applications for applicable permits from the Mantua Township Construction Office shall follow the applicable time limits and procedures of the Mantua Township Construction Office.
§ 230-110 Administration and enforcement.
A.
This article shall be administered by the Administrator or other Township of Mantua official as designated.
B.
The Administrator may enter any property for which a permit application has been applied and/or permit been issued under this article to conduct an inspection to determine whether the conditions stated in the permit have been met.
C.
The Administrator may issue orders to abate any violation of this article. The Administrator may issue a citation for any violation of this article.
D.
The Administrator may refer any violation of this article to Township of Mantua legal counsel for enforcement.
§ 230-111 Repealer.
All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this article are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Township Committee of the Township of Mantua which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
§ 230-112 When effective.
This article shall take effect 30 days after final passage by the Township Committee or 20 days after approval by the Mayor, whichever comes first.