Verona City Zoning Code

Protect residential areas and land uses from potential adverse impacts of wireless telecommunications facilities;

Encourage the location of wireless telecommunications facilities in appropriate locations;

Minimize the total number of wireless telecommunications facilities throughout the Township of Verona;

Strongly encourage the co-location on approved wireless telecommunications facilities as a primary option rather than construction of new or additional single-use towers;

Encourage users of antenna structures and antennas to locate them, to the extent possible, in areas where the adverse impact on the residential community is minimal, particularly to avoid adverse visual impacts upon residential dwellings;

Encourage users of antenna structures and antennas to locate and configure them in a way that minimizes the adverse visual impact of the antenna structures and antennas through careful design, siting, landscape screening and innovative camouflaging techniques;

Enhance the ability of the providers of telecommunications services and emergency services to provide such services to the community quickly, effectively and efficiently;

Avoid potential damage to adjacent properties from structure failure through engineering and careful siting of antenna structures;

Ensure compliance with Federal Communications Commission regulations concerning eligible facilities requests to modify eligible support structures; and

Ensure compliance with applicable environmental laws and regulations.

The provisions of this article shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive-only antenna in accordance with Federal Communications Commission regulations.

The provisions of this article shall not govern over the air reception devices (OTARDs), including dish antennas which are less than 39.37 inches in diameter, and television reception antennas, pursuant to section 207 of the TCA and 47 CFR 1.400.

Reviewing authority. The Township Zoning Officer is the reviewing authority for eligible facilities requests involving no substantial change. The Township Telecommunications Consultant will assist the Township Zoning Officer in all aspects of the implementation of this article.

Fee. The application fee for an eligible facilities request involving no substantial change is specified in the section of this article entitled "Fees." The fee must be paid to the Zoning Officer prior to the issuance of the applicable zoning permit.

Application. An application for an eligible facilities request involving no substantial change must include a completed zoning permit application, a plan drawn by an engineer or architect depicting the existing tower or base station and all proposed facilities and modifications, and other documentation as necessary to demonstrate that the request qualifies as an eligible facilities request and involves no substantial change as defined in this article.

Filing. Applications for eligible facilities requests involving no substantial change must be filed with the Zoning Officer in paper format via mail, overnight delivery, or hand delivery, and also in electronic (.pdf or .doc) format via email, and copied simultaneously to the Planning Board in both formats.

Prior municipal approvals. Applications for eligible facilities requests involving no substantial change must confirm, to the Zoning Officer's satisfaction, that the existing tower or base station, and all existing wireless telecommunication facilities located thereon, are lawfully in existence, and have been previously granted all necessary municipal land use and development approvals.

Owners' consent. Applications for eligible facilities requests involving no substantial change must confirm that the owner of the subject property, whether or not within a public right-of-way, and the owner of the subject tower or base station have given prior written consent to the proposed facilities and modifications.

Federal laws. When reviewing an eligible facilities request involving no substantial change, the Zoning Officer, and any other Township personnel designated to administer and review said request, shall apply the definition contained in 47 U.S.C. § 1455, as interpreted by the FCC and defined herein. The Zoning Officer shall, when appropriate, rely on the Telecommunications Consultant in the application and interpretation of the foregoing.

Request for additional information. If, based on his or her review of the application in consultation with the Planning Board and Telecommunications Consultant, as needed, the Zoning Officer concludes that additional information is needed to determine whether the application can be approved, the Zoning Officer may request such additional information from the applicant. However, the applicant may refuse to provide such information if such information is not necessary to determine whether or not the proposed modification constitutes an eligible facilities request as the term is herein defined.

Interim denial pending further review. If the Zoning Officer is unable to reach a decision, per Subsection J below, within 10 business days following the date the application was initially received by the Zoning Officer, the Zoning Officer shall, within the ten-business-day period, issue a written notice of denial specifying that the application is denied for purposes of N.J.S.A. 40:55D-18 pending further review and final decision pursuant to the applicable section of this article.

Decision.

Deadline for final decision. The Zoning Officer shall issue a written final decision on the application no less than 60 days following the date the application was initially received by the Zoning Officer. The decision may be issued via mail, email, overnight delivery, or hand delivery. The deadline for decision may be tolled or waived only upon the applicant's written consent; and once given, such consent may be withdrawn by the applicant at any time upon written notice to the Zoning Officer, provided that any such withdrawal, if given less than 10 days prior to the deadline expiration date, must allow the Zoning Officer at least 10 days to decide the application following the Zoning Officer's receipt of the consent withdrawal.

Deemed approved. Failure to decide an application within the sixty-day decision deadline or any extension thereof will constitute an automatic approval of the application as filed.

Form of final decision. The Zoning Officer shall memorialize his or her final decision by written approval or denial of the zoning permit application. The approval or denial must include a list of the plans and documents that comprised the application, with references to the dates, titles, and other descriptive features of those plans and documents.

Reviewing authority. The Township Planning Board is the reviewing authority for modifications to eligible support structures that involve substantial change.

Fees and review escrow deposits. Applicants for modifications to eligible support structures that involve substantial change must pay fees and review escrow deposits applicable for site plan review or waiver and all requested variances (and subdivision, if applicable), as well as the application fee and initial review escrow deposit specified for eligible support structure modification with substantial change. All fees and review escrow deposits must be paid to the Planning Board Secretary when the application is filed.

Application. An application for a modification to an eligible support structure involving substantial change must include all completed application forms for site plan review or waiver and all requested variances and may also include any other documentation reasonably necessary for the Planning Board to render a decision.

Filing. Applications for modification to an eligible support structure involving substantial change must be filed with the Planning Board according to the Planning Board's requirements for all development applications involving site plan review or waiver and variances.

Federal laws. When reviewing a modification to an eligible support structure involving substantial change, the Planning Board Planner will apply as appropriate the applicable provisions of 47 U.S.C. § 332(c)(7) of the Communications Act of 1996; 47 U.S.C. § 1455 of the Spectrum Act; Federal Communications Commission Declaratory Ruling under WT Docket No. 08-165, adopted November 18, 2009; Federal Communications Commission Report and Order under WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59, adopted October 17, 2014; and any subsequent applicable statutory or regulatory enactments; agency rulings or reports; and court opinions.

Compliance review. The Telecommunications Consultant will provide a compliance review of the application pursuant to § 150-24.9 herein.

Development standards. When reviewing an application, the Planning Board shall consider whether said application is in compliance with the applicable § 150-24.11, Development standards, and § 150-24.12, Site design standards, applicable to all facilities, and shall make reasonable compliance with same a condition of approval.

Completeness review and deadline. Completeness review of applications under this article will be conducted by the Planning Board Attorney in consultation with the Planning Board Engineer, the Planning Board Secretary and the Telecommunications Consultant, as required. The deadline for completeness review, which is based on federal laws and regulations as opposed to the New Jersey Municipal Land Use Law, is 30 days. If the Planning Board Attorney notifies the applicant of completeness deficiencies in writing within the thirty-day period, the deadline is tolled, but not reset. Subsequent incompleteness determinations must be issued in writing within 10 days following any subsequent submission. Unless certified complete or incomplete by the Planning Board Attorney within the thirty-day period from filing (or within the ten-day period from a subsequent submission), the application will be deemed complete upon expiration of the thirty-day period from filing (or upon expiration of the ten-day period from subsequent submission). The completeness deadline may be tolled or waived only upon the applicant's written consent; and once given, such consent may be withdrawn at any time by the applicant upon written notice to the Planning Board Attorney.

Scheduling of hearing. Immediately following a certification or deeming of completeness of a request to modify an eligible support structure involving substantial change, the Planning Board Attorney shall confer with the applicant's attorney or other authorized representative and the Planning Board Secretary to schedule the application hearing for a mutually acceptable hearing date, provided that the hearing date shall be no later than 90 days following the application's initial filing date. Notice of the hearing shall be mailed and published by the applicant as required by the New Jersey Municipal Land Use Law.

Deadline for decision. The Planning Board must render its decision on a request to modify an eligible support structure involving substantial change no later than 90 days following the application's initial filing date. If the Planning Board believes that the applicant has provided insufficient information for approval of the application, and if the applicant will not provide the additional information and/or extend the ninety-day decision deadline as necessary for the Planning Board to continue its review, the Planning Board must deny the application within the ninety-day decision deadline. The deadline for decision may be tolled or waived only upon the applicant's written consent; and once given, such consent may be withdrawn by the applicant at any time upon written notice to the Planning Board Attorney, provided that any such withdrawal, if given less than 35 days prior to the decision deadline, must grant an extension of the decision deadline as necessary to allow the Planning Board to schedule the hearing for the next regular Planning Board meeting, with adequate time for the applicant to mail and publish notice as required by the New Jersey Municipal Land Use Law.

Deemed approved. Failure to decide the application within the decision deadline or any extension thereof will constitute an automatic approval of the application as filed.

Form of decision. The Planning Board shall memorialize the decision by written resolution as required by, and within the time period specified by, N.J.S.A. 40:55D-10(g).

Reviewing authority. The Township Planning Board is the reviewing authority for all applications for the construction or installation of wireless telecommunications facilities, as defined herein, that are not eligible facilities requests, and which do not involve an eligible support structure, including any request for modification of an unlawfully existing wireless telecommunications tower or unlawfully existing base station or the wireless telecommunications facilities located thereon, or any request for installation of a wireless telecommunications facility at a proposed base station, as defined herein, or the installation of a new wireless telecommunications facility at a previously unutilized location.

Term defined. For purposes of this article, such applications will be referred to generally as "wireless telecommunications facility siting applications."

Fees and review escrow deposits. Applicants for wireless telecommunications facility siting applications must pay fees and review escrow deposits applicable for site plan review or waiver and all requested variances (and subdivision, if applicable), as well as the fee and initial review escrow deposit specified for a wireless telecommunications facility siting application. All fees and review escrow deposits must be paid to the Planning Board Secretary when the application is filed.

Application. A wireless telecommunications facility siting application must include all completed application forms for site plan review or waiver and all requested variances (and subdivision, if applicable).

Filing. Wireless telecommunications facility siting applications must be filed with the Planning Board according to the Planning Board's requirements for all development applications involving site plan review or waiver and variances (and subdivision, if applicable).

Federal laws. When reviewing a wireless telecommunications facility siting application, the Planning Board Attorney will utilize, as applicable, the relevant provisions of 47 U.S.C. § 332(c)(7) of the Communications Act of 1996; 47 U.S.C. § 1455 of the Spectrum Act; Federal Communications Commission Declaratory Ruling under WT Docket No. 08-165, adopted November 18, 2009; Federal Communications Commission Report and Order under WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59, adopted October 17, 2014; and any subsequent applicable statutory or regulatory enactments; agency rulings or reports; and court opinions.

Compliance review. The Telecommunications Consultant will provide a compliance review of the application pursuant to § 150-24.9 herein.

Siting and development standards. When reviewing a wireless telecommunications facility siting application, the Planning Board shall consider whether said application is in compliance with the applicable § 150-24.10, Location preference, § 150-24.11, Development standards, and § 150-24.12, Site design standards applicable to all facilities, and shall make reasonable compliance with same a condition of approval.

Completeness review and deadline. Completeness review of applications for wireless telecommunications facilities siting will be conducted by the Planning Board Attorney in consultation with the Planning Board Engineer, the Planning Board Planner, and the Planning Board Secretary. The deadline for completeness review, which is based on federal laws and regulations rather than the New Jersey Municipal Land Use Law, is 30 days. If the Planning Board Attorney notifies the applicant of completeness deficiencies in writing within the thirty-day period, the deadline is tolled, but not reset. Subsequent incompleteness determinations must be issued in writing within 10 days following any subsequent submission. Unless certified complete or incomplete by the Planning Board Attorney within the thirty-day period from filing (or within the ten-day period from a subsequent submission), the application will be deemed complete upon expiration of the thirty-day period from filing (or upon expiration of the ten-day period from subsequent submission). The completeness deadline may be tolled or waived only upon the applicant's written consent; and once given, such consent may be withdrawn at any time by the applicant upon written notice to the Planning Board Attorney.

Scheduling of hearing. Immediately following a certification or deeming of completeness of a wireless telecommunications facility siting application, the Planning Board Attorney shall confer with the applicant's attorney or other authorized representative and the Planning Board Secretary to schedule the application hearing for a mutually acceptable hearing date, provided that the hearing date must be no later than 150 days following the application's initial filing date, or no later than 120 days following a certification or deeming of completeness pursuant to N.J.S.A. 40:55D-10.3, whichever is earlier. Notice of the hearing must be mailed and published by the applicant as required by the New Jersey Municipal Land Use Law.

Deadline for decision. The Planning Board shall render its decision on a wireless telecommunications facility siting application no later than 150 days following the application's initial filing date, or no later than 120 days following a certification or deeming of completeness pursuant to N.J.S.A. 40:55D-10.3, whichever is earlier. If the Planning Board believes that the applicant has provided insufficient information for approval of the application, and if the applicant will not provide the additional information and/or extend the 150- or 120-day decision deadline as necessary for the Planning Board to continue its review, the Planning Board must deny the application within the 150- or 120-day decision deadline. The deadline for decision may be tolled or waived only upon the applicant's written consent; and once given, such consent may be withdrawn by the applicant at any time upon written notice to the Planning Board Attorney, provided that any such withdrawal, if given less than 35 days prior to the decision deadline, must grant an extension of the decision deadline as necessary to allow the Planning Board to schedule the hearing for the next regular Planning Board meeting, with adequate time for the applicant to mail and publish notice as required by the New Jersey Municipal Land Use Law. Failure to decide the application within the decision deadline or any extension thereof will constitute an automatic approval of the application as filed.

Form of decision. The Planning Board shall memorialize the decision by written resolution as required by, and within the time period specified by N.J.S.A. 40:55D-10(g).

Review of applications for eligible facilities requests. The Township shall review the application in light of its conformity with applicable provisions of this article, and shall issue a zoning permit on nondiscriminatory terms and conditions, subject to the following requirements:

Commencement of shot clock. The shot clock time frames referenced above begin upon submission by the applicant of required documentation for the first procedural step in the approval process, or when the applicant submits sufficient documentation to demonstrate compliance with Section 6409(a) of the Spectrum Act,[1] whichever comes first.

Tolling period: Unless a written agreement between the applicant and the Township provides otherwise, the tolling period for an application (if any) is as set forth in Subsection C(1) through (3) of this article:

A request for a modification, as set forth in this § 150-24.8, of a lawfully existing wireless telecommunications tower or lawfully existing base station that does not substantially change the physical dimensions of such tower or base station as set forth in Subsection D herein, if approved by the Township Zoning Officer, pursuant to the procedures set forth herein.

Any eligible facilities request for modification of an unlawfully existing wireless telecommunications tower or an unlawfully existing base station, or for modification of a lawfully existing wireless telecommunications tower or lawfully existing base station that does substantially change the physical dimensions of such tower or base station as set forth in this § 150-24.8 herein, is prohibited. See §§ 150-24.5 and 150-24.6 herein for procedures applicable to applications for wireless telecommunications facilities which are not eligible facilities requests.

An eligible facilities request is any request does not involve a substantial change to an eligible support structure and involves the following:

A substantial change to the physical dimensions of an existing tower or base station is any change meeting the following criteria as measured against the dimensions of the tower or base station as of the date of its initial construction or as of February 21, 2012, whichever is later.

Eligible facilities request with no substantial change: $300.

Modification to an eligible support structure that involves a substantial change: Shall be pursuant to the Township land development fee schedules for minor site plan review and conditional use approval before the Planning Board, with the added provision that any such development review by the Planning Board shall be accompanied by a compliance review by the Township Telecommunications Consultant at a rate of $350/hour, not to exceed the reasonable amount of time necessary to review an application commensurate with its complexity and unique characteristics.

New wireless telecommunications facilities. Shall be pursuant to the Township land development fee schedules for major site plan review and conditional use approval. With the added provision that any such development review by the Planning Board shall be accompanied by a compliance review by the Township Telecommunications Consultant at a rate of $350/hour, not to exceed the reasonable amount of time necessary to review an application commensurate with its complexity and unique characteristics.

Telecommunications Consultant review applicable to all applications, including eligible facilities requests with no substantial change, to ensure compliance with the following:

The first priority location shall be lands or structures owned by the Township.

The second priority location shall be co-location on existing Wireless Telecommunications Facility towers (or existing water tanks), provided that the new installation does not increase the height by more than 10%.

The third priority shall be in commercial, business and industrial districts.

The fourth priority location shall be other locations in the Township as the applicant demonstrates that such locations are essential to provide required service to Township residents.

Commercial, business and industrial districts shall be prioritized over residential areas and undeveloped space and historical or environmentally sensitive districts.

Locations distant from residential, undeveloped and historically or environmentally sensitive areas shall be favored over locations closer to said areas. Applicant will exhaust options further from such areas before utilizing locations closer to or within said areas.

It is the intention of this article that the installation, modification, maintenance and operation of wireless telecommunications facilities is prohibited on or within open space. For purposes of this article, "open space" shall be defined as any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

Except as specified in Subsection G above, no zoning or other established land use district shall outright prohibit wireless telecommunications facilities and in no district are same a permitted use requiring only ministerial construction permits.

In the event of a conflict between district zoning regulations and the regulations of this article, the regulations of this article shall control.

As a condition of approval, applicants shall first exhaust options in preferred locations before considering less preferred locations, and shall provide reasonable evidence of same to the Planning Board, upon request.

Height standards. Where permitted, wireless telecommunications facilities may exceed the maximum building height limitations of the applicable zoning district, provided the height has the least visual impact and is not greater than required to achieve service area requirements and potential co-location, when visually appropriate. Wireless telecommunications facilities equipment compounds, shelters and platforms are limited to 12 feet in height. A maximum height of 60 feet is permitted for new wireless telecommunications towers. A maximum height of 10 feet above the height of an existing structure is permitted for new base stations.

Setback standards. All wireless telecommunications facilities shall be subject to the minimum yard requirements of the zoning district in which they are located, provided the minimum setback may be increased where necessary to address safety concerns including, but not limited to, the fall radius of a freestanding tower or monopole. If wireless telecommunications facilities are located on the roof of a building, the area of the equipment cabinets, shelters and other equipment and structures shall not occupy more than 25% of the roof area. The location on the roof for same shall be determined on a case-by-case basis and shall be decided based on the rooftop location which causes the least visual effect on the surrounding streetscape and community, while adhering to rooftop structural and safety standards and limitations.

Visual impact. All wireless telecommunications facilities shall be located to minimize visual impacts on the surrounding area. When considering visual impact of roughly equal degree in comparative locations, locations in a higher priority category shall be deemed more acceptable than lower priority sites.

Applicants must demonstrate that the proposed wireless telecommunications facility location provides the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

Wireless telecommunications facilities should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.

Wireless telecommunications facilities shall be placed to ensure that historically significant viewscapes, streetscapes and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunications facilities.

As a condition of approval, applicants shall include with any submission evidence of compliance with these development standards.

Fencing and other safety devices. Wireless telecommunications facilities shall be surrounded by a security feature such as a fence, including ground-level equipment appurtenant to a building-mounted antenna installation. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. All fences, cabinets, and equipment shelters must remain securely locked. Additional safety devices shall be permitted or required, as needed, and as approved by the Township.

Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All facilities shall be screened by an evergreen hedge eight to 10 feet in height at planting time and/or a solid fence eight feet in height.

Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.

Color. The color of a facility shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site, access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Township.

Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.

Lighting. No lighting is permitted except as follows:

Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the co-location of additional antennas on the tower. Such towers may employ camouflage technology. The use of concealment type poles is encouraged.

Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local ordinances pertaining to noise levels, nuisances and property maintenance, except for in emergency situations requiring the use of a backup generator. The routine cycling and maintenance of any backup generator shall comply with these noise standards.

Radio frequency emissions. The TCA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and wireless telecommunications facilities which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless communications facilities and radio frequency emission standards. Applicants shall be required to provide information on the projected power density of the proposed facility and demonstrate how this meets the FCC standards.

Structural integrity. Wireless telecommunications facilities must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision H Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," (or equivalent), as it may be updated or amended.

Unused facilities. Unused cabinets, cabling, antennas, and mounting hardware shall be removed within six months of discontinuance of use, unless the user has a bona fide intention to resume use within 12 months of such discontinuance.

Compliance. To the extent possible, as a condition of approval, applicants shall include with any submission evidence of compliance with these site design standards.

Antennas shall be screened or hidden from the public view by the following methods:

Antennas mounted on architecturally significant structures or architecturally significant details of the building shall be covered with appropriate casings, which are manufactured to match existing architectural features found on the building.

Where feasible, antennas should be placed directly above, below, or be incorporated with vertical design elements of a building to help in camouflaging.

Where feasible, equipment cabinets and vertical cable runs shall be located inside an existing structure. An application to locate cabinets or cable runs outside the structure shall provide an exhibit demonstrating why an indoor location is not feasible. Any outdoor cable run must be located on the side of the building least exposed to public view.

Rooftop cabinets or shelters shall be fully screened or architecturally integrated into the design of the structure to minimize visibility from the ground or occupiable portions of nearby buildings.

All exposed cables, conduits, surface-mounted wires, cable trays, and mounting hardware shall be concealed or painted to match the building.

The design of screening enclosures shall be architecturally compatible with the building and shall not substantially increase its visual bulk.

On an annual basis, applicants shall certify that all of their wireless telecommunications facilities installed and maintained within the Township comply with the provisions and standards of this article as well as any other applicable land use regulation of the Township.

Any wireless telecommunications facilities lawfully existing at the time of the adoption of the provisions of this article shall be permitted to continue operating and shall not be required to comply with the provisions of this article except at such time as any such lawfully existing wireless telecommunications facility is intended to be altered, modified, expanded or replaced, at which time said wireless telecommunications facility shall thereafter be required to comply with the provisions of this article.

Nonconforming wireless telecommunications facilities which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions, subject to obtaining a building permit, but without otherwise complying with this article. If the destruction is greater than partial, then repair or restoration will require compliance with this article.

The owner of any nonconforming wireless telecommunications facility may repair, rebuild and/or upgrade such facility (but not expand or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this article.

Will prohibit or have the effect of prohibiting any telecommunications service pursuant to 47 U.S.C. § 253(a); or

Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or

Will violate the provisions of Section 6409(a) of the 2012 Middle Class Tax Relief and Job Creation Act, also known as the Spectrum Act[1]; or

Will violate any requirement set forth in the FCC Order entitled "Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies," WT Docket No. 13-238 (October 17, 2014); or

Will violate any requirement set forth in the FCC Order entitled "IMO Implementation of State and Local Governments' Obligations to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012," WT Docket No. 19-250 (June 10, 2020); or

Will violate any requirement set forth in the FCC Order entitled "IMO Implementation of State and Local Governments' Obligations to Approve Certain Wireless Facility Modification Requests Under Section 6409(a) of the Spectrum Act of 2012", WT Docket No. 19-250 (November 3, 2020); or

Will violate the provisions of the New Jersey State Collocation Act, set forth in N.J.S.A. 40:55D-46.2; or

Will prohibit, or have the effect of prohibiting, the ability of an entity to provide wireless service to any prospective customer within the Township.