Raritan Township City Zoning Code
ARTICLE XVIII
Wireless Antennas on Existing Facilities
§ 296-156 Purpose.
The purpose of this article is to provide requirements for eligible facilities requests for modifications to existing towers or base stations that do not constitute a substantial change.
§ 296-157 Application; review; remedies.
A.
Application. All applicants shall submit the information necessary for the Township to consider whether an application is an eligible facilities request, as set forth in § 296-158. The applicant will not be required to demonstrate a need or business case for the proposed modification.
B.
Type of review. Upon receipt of an application for an eligible facilities request pursuant to this article, the Township Engineer shall review such application to determine whether the application so qualifies.
C.
Time frame for review. Within 60 days of the date on which an applicant submits an application seeking approval under this article, the Township Engineer shall approve the application with or without conditions unless the Township Engineer determines that the application is not covered by this article, in which case the Township Engineer shall deny the application.
D.
Tolling of the time frame for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the Township of Raritan and the applicant, or in cases where the Township Engineer determines that the application is incomplete.
(1)
To toll the time frame for incompleteness, the Township Engineer must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
(2)
The time frame for review begins running again when the applicant makes a supplemental submission in response to the Township Engineer's notice of incompleteness.
(3)
Following a supplemental submission, the Township Engineer will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness.
E.
Not a covered request. If the Township Engineer determines that the applicant's request for co-location is a substantial change to co-location on an existing structure, as defined in this chapter,[1] the presumptively reasonable time frame, as prescribed by the Federal Communications Commission's shot clock order, will begin to run from the issuance of the Township Engineer's decision that the application is not a covered request. To the extent such information is necessary, the Township Engineer may request additional information from the applicant to evaluate the application. When the Township Engineer determines that such an application constitutes a substantial change, applicable portions of this chapter and the Raritan Township ordinances must be complied with, including but not limited to the requirement for site plan review and application for variances.
F.
Failure to act. In the event the Township Engineer fails to approve or deny a request seeking approval under this article within the time frame for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the Township of Raritan in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
G.
Remedies. Applicants and the Township of Raritan or its agents may bring claims related to this article to any court of competent jurisdiction.
§ 296-158 Eligible facilities request application requirements.
A.
An eligible facilities request application shall include the following:
(1)
The applicant's certification that they have the legal authority to co-locate/modify a support structure, which may include approvals from the jurisdiction authorizing the initial placement of transmission equipment on the tower or other structure.
(2)
The identity of the owner of the parcel.
(3)
Detailed site plan information. Except where the facility will be located entirely within an existing structure or an existing building, detailed site plan information shall show:
(a)
Existing and proposed improvements. The location and dimensions of the existing facility and the maximum height above ground of the facility (also identified in height above sea level).
(b)
Elevation. The benchmarks and datum used for elevations.
(c)
Design. The design of the facility, including the specific type of support structure and the design, type, location, size, height and configuration of the applicant's existing and proposed antennas and other equipment. The method(s) by which the antennas will be attached to the mounting structure shall be depicted. (Note shall be placed on all plans that the antennas, fasteners, frames, cables, brackets and miscellaneous equipment shall be painted as directed by the Township Engineer and/or Land Use Enforcement Officer.)
(d)
Structural analysis.
(e)
Setbacks. All existing setbacks.
(f)
Location of accessways. The location of all existing accessways and the location and design of all proposed accessways.
(g)
Any existing/proposed landscaping, screening and buffering.
(h)
A Knox Box and/or Knox padlock for emergency services shall be shown on the plans and provided.
(i)
Latest TIA inspection report.
B.
All applications for cellular towers, including co-location and eligible facilities requests, shall comply with any and all general applicable building, structural, electrical, and safety codes, as well as any others deemed by the Township Engineer to be related to health and safety.
C.
As-built plans for all approved plans shall be provided post construction.