Montville Township City Zoning Code
ARTICLE XXVIII
Wireless Telecommunications Equipment and Facilities
§ 230-223 Purpose.
The purpose of this article is to regulate the location and placement of wireless telecommunications towers, antennas, and other equipment and facilities within the Township of Montville. It is also the purpose of this section, consistent with state and federal law, to establish guidelines for the siting of wireless telecommunications towers, antennas, and other equipment and facilities in order to:
A.
Preserve the character of the community, including residential neighborhoods, historic sites and designated scenic corridors which the Master Plan seeks to protect; and
B.
Provide that such facilities are properly located, carefully designed and screened using landscaping, fencing and industry-available camouflaging techniques to blend with the existing natural or built surroundings so as to minimize adverse visual impacts; and
C.
Protect and minimize the impact upon residential areas from any possible adverse impacts of towers and antennas, including through the use of stealth technology, and by encouraging the location of such equipment to nonresidential areas; and
D.
Minimize the total number of towers throughout the Township; and
E.
Strongly encourage the joint use of new and existing towers rather than the construction of additional single-use towers; and
F.
Encourage the location and siting of towers to limit, to the extent possible, the height of such towers; and
G.
Encourage users of towers and antennas to locate them in areas where any possible adverse impact on the community is minimal; and
H.
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly and effectively; and
I.
Avoid potential damage to adjacent properties from tower failure through engineering, careful location and setback standards for tower structures; and
§ 230-224 Applicability.
A.
New towers and antennas. All towers or antennas in the Township of Montville shall be subject to these regulations, except as otherwise provided or grandfathered herein.
B.
Amateur radio and receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
C.
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.
D.
Government agencies. Communication towers or antennas owned, operated or used by the municipal government shall be exempt from the requirements of this section.
E.
Satellite dish antennas. This section shall not govern any parabolic satellite antennas.
§ 230-225 General requirements.
A.
Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding anything in this chapter to the contrary, a separate existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
B.
Lighting. For aesthetic and health reasons, towers shall not be artificially lighted unless lighting a flag on a monopole designed to function as a flag pole.
C.
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Telecommunications Industries Association and the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township of Montville 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 60 days to bring such tower into compliance with such standards. Failure to bring towers and antennas into compliance with such codes and standards within 60 days shall mean that the Township may, consistent with due process requirements, avail itself of any and all legal or equitable remedies, to seek the removal of the tower or antenna at the owner's expense or revocation of the certificate of occupancy.
D.
Signs. No signs shall be allowed, with the exception of warning signs or other signs required by federal, state or local law.
E.
Multiple antenna/tower plan. The Township of Montville encourages the users of towers and antennas to co-locate antennas when technically feasible. Applications for approval of co-location sites shall be given priority in the review process, including deference in the granting of appropriate waiver requests pursuant to § 230-237.
F.
Compliance with radiation emission standards. At the time of its application for development, the applicant shall demonstrate that the proposed antenna and related structures and equipment complies with all applicable state and federal regulations of electromagnetic radiation levels.
G.
Towers shall be limited to monopoles. Lattice-work-type towers are prohibited.
§ 230-226 Permitted uses/antennas.
The following sets forth the locations in which antennas are permitted. See § 230-227 for zones where towers are permitted.
A.
Notwithstanding anything in this chapter to the contrary, the installation or co-location of wireless telecommunications antennas on existing business, industrial, office or institutional structures, subject to site plan approval requirements and consistent with the visual compatibility requirements of § 230-228 below, shall be a permitted use in all industrial districts, provided that:
(1)
The antenna does not exceed 10 feet more than the maximum building height for the zone wherein the structure is to be located; and
(2)
The antenna complies with all applicable FCC regulations; and
(3)
The antenna complies with all applicable building codes; and
(4)
The antenna is designed through stealth technology to minimize or eliminate visual obtrusiveness to adjacent residential properties; and
(5)
The structure upon which the antenna is to be located meets all applicable zoning and bulk requirements and standards, or an appropriate variance is granted.
B.
To minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, subject to the requirements herein.
C.
Notwithstanding anything in this chapter to the contrary, the installation of wireless telecommunications towers shall not be a permitted use in any residential zone districts of this Township.
D.
Wireless telecommunications antennas or towers located on property owned, leased or otherwise controlled by the Township of Montville shall be a permitted use in all zone districts, provided that a license or lease authorizing such antenna or tower has been approved by the Township Committee of the Township of Montville, and, as a condition of any such license or lease, the Township may require site plan approval or may exempt the applicant from site approval. The decision to extend such license or lease to an applicant shall be vested solely with the Township, and shall not be governed by this section. The Township, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Nothing in this section shall be construed as requiring any applicant to locate on property owned, leased or otherwise controlled by the Township. Preexisting towers and antennas are exempt from the application of this subsection.
§ 230-227 Permitted uses/towers.
Notwithstanding anything in this chapter to the contrary, wireless telecommunications towers not located on existing structures, consistent with the visual compatibility requirements of § 230-228 and the standards of § 230-229, shall be a permitted use within all nonresidential and mixed use zone districts of this Township.
§ 230-228 Visual compatibility requirements.
A.
All wireless telecommunications antennas and wireless telecommunications towers shall be located, designed and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. Stealth tower structures shall be given preference.
B.
Towers shall either maintain a galvanized steel finish or be painted a neutral color, so as to reduce visual obtrusiveness.
C.
At the wireless telecommunications equipment building, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower facilities to the natural setting and surrounding buildings.
D.
Towers must be designed to preserve scenic vistas and views of cultural and history landmarks and of unique geographic and topographic features. Natural features such as trees, hilltops and views, natural terrain, open waters and natural drainage ridgelines shall be preserved whenever possible in locating and designing a tower. Towers shall further be designed and located to minimize impact on open space and Green Acres properties.
E.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Antennas which are flush mounted and painted to match existing structures, and antennas that are ballast mounted and also painted to match the roof area, shall be considered stealth technology uses. The related unmanned equipment structure shall be in a building consistent in style with adjacent buildings, and shall be located in accordance with the minimum accessory structure bulk requirements of the zoning district in which located. Cable to the tower should be installed underground. Trailers are not permitted. The equipment cabinet or structure used in association with antennas mounted on structures or rooftops shall comply with the following:
(1)
The building or structure shall be located, designed and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology.
(2)
The building or structure shall not contain more than 1,600 square feet of gross floor area. It shall be situated behind existing structures, buildings or terrain features which will shield the wireless telecommunications equipment compound from views from off-tract properties. When a location out of the view from off-tract properties is not possible, appropriate foundation planting shall be provided outside the wireless telecommunications equipment building. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the approving authority if the goals of this section would be better served thereby. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer. An individual wireless carrier shall not occupy more than 400 square feet of the equipment building. All equipment compounds shall be fenced.
(3)
The wireless telecommunications equipment building shall not exceed 10 feet for flat roofs or 15 feet for pitched roofs, which shall have a minimum vertical rise of six inches for every 12 inches of horizontal run, and the building must blend architecturally with any existing building on the property. Pitched roofs shall be permitted only where the applicant is proposing a structure designed to blend with the local architectural context (such as rural or agriculture style).
(4)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
(5)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
§ 230-229 Co-location policy.
A.
The Township Engineer shall maintain an inventory of existing PWTF and PWTEF locations within or near the Township of Montville.
B.
An applicant proposing a PWTF/PWTEF at a new location shall demonstrate that it made its best business efforts to find a co-location site acceptable to Township engineering standards and that none was available, or practicable or economically feasible.
C.
An applicant proposing a PWTF/PWTEF at a new location, who has demonstrated its inability to co-locate pursuant to Subsection B herein, shall provide a letter of intent, in a form to be reviewed and approved by the Township Planning Board Attorney or Zoning Board of Adjustment Attorney, as applicable, which warrants and represents that the applicant shall share the use of its PWTFs/PWTEFs with any other approved cellular communication services providers at fair market value. Such co-location requirement shall be a material condition of approval.
D.
Each application for a PWTF/PWTEF shall be accompanied by a plan which shall reference all existing PWTF/PWTEF locations in the applicant's Township of Montville inventory, any such facilities in the abutting towns which provide service to areas within the Township of Montville and any anticipated changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
E.
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers' service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:
(1)
How the proposed location of the PWTF/PWTEF relates to the objective of providing full wireless communication services within the Township of Montville at the time full service is provided by the applicant throughout the Township of Montville;
(2)
How the proposed location of the proposed PWTF/PWTEF relates to the location of any existing antennas within and near the Township of Montville;
(3)
How the proposed location of the proposed PWTF/PWTEF relates to the anticipated need for additional antennas within and near the Township of Montville by the applicant and by other providers of wireless communication services within the Township of Montville;
(4)
How the proposed location of the proposed PWTF/PWTEF relates to the objective of co-locating the antennas of many different providers of wireless communication services on the same PWTF; and
(5)
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Township of Montville.
F.
The Planning Board, or Board of Adjustment, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant and/or service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with the Township of Montville's escrow provisions.
§ 230-230 Priority locations.
The Township has allowed for the erection of antennas and appurtenances upon preexisting structures and for the construction of PWTFs and PWTEFs in priority locations as follows:
A.
Permitted uses.
(1)
PWTFs and PWTEFs are permitted uses if they co-locate and install antennas and appurtenances upon the following existing structures:
(2)
Any wireless communications provider wishing to install antennas and appurtenances as permitted uses shall be required to obtain site plan approval from the Planning Board of the Township of Montville.
§ 230-231 Use variance standards and required proofs for location of wireless telecommunications antennas or towers.
A.
In addition to the general standards and requirements pursuant to this chapter, for the construction of wireless telecommunications antennas or towers when a use variance is sought, the approving authority shall consider all of the following factors:
(1)
Height of the proposed antenna or tower.
(2)
Proximity of the antenna or tower to residential structures and residential district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the antenna or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(7)
Proposed ingress and egress on the property.
(8)
Availability of suitable existing towers, other structures or alternative technologies, within the applicant's control and use, not requiring the use of towers or structures.
(9)
Availability of proposed tower to other potential users.
(10)
Whether the proposed site is particularly suited for the proposed antenna or tower.
(11)
Number of residential properties impacted by the proposed antenna or tower.
(12)
Impact on the surrounding residential real estate values.
B.
An applicant desiring to construct a wireless telecommunications antenna or tower that requires a use variance shall provide a sufficient showing to the satisfaction of the approving authority that it meets the following specific conditions:
(1)
Need. Present documented evidence regarding the need for wireless telecommunications antennas at the proposed location. This information shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township.
(2)
Co-location. Provide documentary evidence that a good faith and thorough attempt has been made to co-locate the new antennas on existing buildings, structures, or towers that have existing wireless telecommunications antenna [sharing the location with an existing antenna(s)] within the applicant's coverage area. Efforts to secure authority to co-locate on such locations shall be documented through correspondence by or between the wireless telecommunications provider and the property owner of the existing building, structure, or tower. This requirement includes co-location on buildings, structures and towers currently being developed.
(3)
Comply with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
C.
Proofs under state law for use variances.
(1)
Before any new wireless telecommunications antenna or tower that is not a permitted use is approved within the Township of Montville, the applicant must provide expert proof, to the satisfaction of the approving authority, of at least the following:
(a)
That the proposed antenna or tower will fill a coverage gap in the least intrusive manner;
(b)
That the applicant has made good faith and thorough efforts to investigate reasonable designs within the applicant's control and use, and alternate sites which may be less intrusive in the community;
(c)
That the proposed site and facility is particularly suited and is needed for telecommunications services; and
(d)
That the existence of any coverage gap has been demonstrated by drive test data or propagation maps, or both.
(2)
A crane test may be required by the approving authority to provide the public and the approving authority with the opportunity to view and judge the impact of the proposed tower.
D.
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be approved unless the applicant demonstrates, through credible expert testimony, to the reasonable satisfaction of the approving authority, that no existing tower structure can accommodate the applicant's proposed antenna. To the extent possible, an applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, stealth tower structures, or other available structures. These requirements shall include towers or structures currently being developed and those subject to pending applications before the Township approving authorities. Evidence submitted to demonstrate that no existing tower structure, within the applicant's control and use, can accommodate the applicant's proposed antenna must consist of the following:
(1)
Documentation regarding the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement, including copies of such agreements and all correspondence by or between the wireless provider and the property owner.
(2)
That no existing towers or structures are located within the RF propagation area which meet the applicant's engineering requirements.
(3)
That existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(4)
That existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(5)
That the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(6)
That the applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(7)
That the applicant demonstrates efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Regardless of the type and number of variances which may be required for a particular application, stealth towers, co-location with other antennas and siting upon preexisting structures is given priority. When considering sites according to this schedule, the applicant must demonstrate that it has conducted a good faith effort to seek alternative sites that are available in the preceding priority categories in order to qualify for location in a subsequent priority category. The applicant must demonstrate that less intrusive alternative sites are not available as well with regard to the requested category.
(8)
New antennas in existing structures designed to blend in with the surrounding property characteristics and to conceal view of the antennas and associated equipment from adjacent streets or rights-of-way, shall not require site plan approval. Such antennas and associated equipment shall only require the applicable Uniform Construction Code permits.
E.
Bulk requirements. No variance shall be granted for a new antenna or tower, or modification to an existing antenna or tower, unless the applicant shall satisfy the specific design standards enumerated below, in addition to other standards that may be required pursuant to the applicable zoning district, Construction Code, and other applicable federal, state or municipal regulations:
(1)
(2)
Setbacks. The following setback requirements shall apply to all towers for which a variance is required:
(a)
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings to ensure public safety in the event of a collapse or fall of the tower, provided that distance is no closer than the building setback applicable to the zoning district.
(b)
Accessory buildings must satisfy the minimum zoning district setback requirements.
(c)
No tower shall exist within required buffer or conservation easement areas.
(3)
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.
(4)
Access to tower site. The following requirement shall govern access to towers: The access road to the tower must be curved to minimize the view of the tower building and equipment from the public right-of-way and no new road cuts are allowed if there is existing road or driveway access. No portion of the tower road or driveway access should be allowed in the required front or side yard in any zone district.
(5)
In addition to the above conditions, an applicant must satisfy all other conditions for site plan approval set forth in this chapter.
§ 230-232 Application requirements for installation of wireless telecommunications antennas and towers.
A.
Except as set forth in § 230-231D(8), no wireless telecommunications antenna or tower shall be constructed or erected unless site plan approval and any and all applicable variances are obtained from the appropriate Township approving authority. The following provisions shall apply to applications for such approval:
(1)
Applications for site plans, along with any required variances under this subsection, shall be subject to the procedures and requirements of Chapter 230, except as modified in this subsection.
(2)
In granting site plan approval or a variance, the approving authority may impose conditions to the extent the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed antenna or tower on adjoining properties.
(3)
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer of the State of New Jersey, if a licensing requirement for that professional exists in New Jersey.
(4)
An applicant for site plan approval or a variance shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as established by the Township Committee of the Township of Montville. The application fee and escrows shall be paid as required herein.
(5)
Any tower must be designed and constructed so as to accommodate at least four antenna arrays of separate wireless telecommunications providers. The approving authority may require that the tower be designed and constructed so as to accommodate up to four antenna arrays of separate wireless telecommunications providers where such accommodation is technically feasible.
B.
In addition to any and all information required for applications for site plan approval or a variance pursuant to this chapter, applicants for approval for the construction or installation of wireless telecommunications antennas and towers shall submit all of the items identified on the application checklist found at the end of this chapter, along with the following information before the application is certified as complete. Applications for site plan approvals involving co-location on existing towers or antennas on existing roofs or structures are directed to consider pursuant to § 230-237 any appropriate requests for waivers.
(1)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information as required by this or other Township ordinances, or as required by the Township or Board Engineer, to enable comprehensive review of the application.
(2)
Survey of the property, including a letter of interpretation ("LOI") from the New Jersey Department of Environmental Protection, signed and sealed by a land surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of the application. A LOI is not required for co-location on existing towers or antennas on existing roofs or structures.
(3)
The separation distance between the proposed tower and the nearest residential unit and/or residentially zoned property.
(4)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this subsection shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
(5)
A landscape plan showing specific landscape materials and precise locations of proposed landscaping improvements, including, but not limited to, species type, size, spacing, other landscape features, and existing vegetation to be retained, removed or replaced, certified by a licensed engineer or certified landscape architect.
(6)
An environmental impact statement in accordance with Chapter 160 of the Township of Montville Code, except not required for co-location on existing towers or antennas on existing roofs or structures.
(7)
A plan evidencing the development's compliance with the visual compatibility requirements of § 230-228, including, but not limited to, the architecture, aesthetics, color, camouflage, landscaping and fencing.
(8)
A written report of the suitability or nonsuitability of the use of existing towers, other structures, or services to be provided through the use of the proposed new antenna or tower, except not required for co-location on existing towers or antennas on existing roofs or structures.
(9)
A written report of the feasible location(s) of future towers or antennas, which may be erected by the applicant, within the Township, based upon existing physical engineering, technological or geographical limitations in the event that the proposed antenna or tower is erected.
(10)
A visual study, including photographic or topographic plans, identifying a line of sight analysis detailing the view of the proposed antenna or tower from at least two directions and angles from adjacent areas within a radius of 750 feet of the proposed antenna or tower. The analysis shall be utilized to determine buffer requirements.
(11)
Documentary and expert evidence regarding the need for the tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Township. The evidence shall include a report of the radio frequency engineering analysis of the search area for the tower.
(12)
A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc., Code, including a description of the number and type of antennas it is designed to accommodate.
(13)
A statement by the applicant demonstrating that construction of the tower will accommodate co-location of additional antennas for future users. If so, a letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
(14)
Elevations of all existing and proposed structures, generally depicting all existing and proposed antennas, towers, platforms, finish materials, and all other accessory equipment.
(15)
A copy of the lease (with confidential or proprietary information redacted) or deed for the property.
(16)
Inventory of existing sites. Each applicant shall provide to the approving authority an inventory of its existing towers and antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Montville or within three miles of the proposed tower site, whichever is more extensive, including specific information about the location, height and design of each tower. The approving authority may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Montville; provided, however, that the approving authority is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(17)
Identification of the entities providing the backhaul network for the antenna and/or tower described in the application and other cellular sites owned or operated by the applicant in the municipality.
(18)
Documentation of the results of any crane test undertaken for the proposed tower, including a line-of-sight survey and photographic resulting of the crane test with regard to the potential visual and aesthetic impacts of the proposed tower. Such documentation must establish the zone of visibility of the proposed tower.
(19)
Photosimulations of the proposed tower, which shall include at least one photosimulation from at least four angles of view of the tower (from the north, east, south and west), taken from ground level from 330 feet to 750 feet from the tower. Photosimulations presented to the approving authority shall be in color and a minimum of eight inches by 11 inches in size.
(20)
A certified load analysis report for the building, structure, existing or proposed tower, indicating its ability to support possible future co-located antennas.
§ 230-233 Antenna or tower modifications.
Whenever wireless telecommunications antennas or towers are modified, operators of wireless telecommunications facilities shall provide to Montville Township a report from a qualified expert certifying that the wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Uniform Construction Code.
§ 230-234 Abandoned/discontinued antennas or towers.
A.
Operators of wireless telecommunications facilities shall notify the Township when the use of such antenna and equipment is discontinued.
B.
Any antenna or tower that is not operated for a continuous period of 18 months shall be considered abandoned, and the owner of such antenna or tower shall remove same within 90 days of such discontinued use or abandonment.
C.
If there are two or more users of a single tower, then this subsection shall not become effective until all users cease utilizing the tower.
D.
The Township shall condition the issuance of any permit to construct a tower or antenna on the recording by the applicant of a deed to itself with the memorializing resolution of approval annexed as a schedule thereto.
E.
Upon removal of the wireless telecommunications facilities, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
§ 230-235 Damaged or destroyed existing nonconforming antennas or towers.
Nonconforming antennas or towers that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in this section. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
§ 230-236 Application and escrow fees.
Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in Chapter 169, Fee Schedule. The applicant will deposit in an escrow account with the Township the fees that the approving authority requires to review and advise on the application, including, but not limited to, expert witnesses such as engineers, planners, appraisers, and radio frequency professionals. The approving authority shall contract and hire an attorney, engineer, planner, appraiser and radio frequency professional with expertise in the field of wireless telecommunications to review and advise on each application subject to this section.
§ 230-237 Waivers.
Pursuant to N.J.S.A. 40:55D-10.3, an applicant may request that one or more submission requirements be waived, in which event the Board shall grant or deny the request within 45 days. Waiver requests for co-location and antennas on existing roofs and structures will be subject to liberal consideration.