Except for lots which have been legally created since adoption of this chapter, whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of the individual lots does not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered a single lot.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the municipality in order to meet the minimum street width requirement of the Official Map, Residential Site Improvement Standards or Master Plan of the Township, the Construction Official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

In the R-45 and R-30 districts, where a lot does not meet the area and width requirements for the district but has an existing dwelling thereon, a lot area of at least 10,000 square feet and a minimum lot width of at least 100 feet, the existing single-family dwelling may have an addition, subject to the following conditions:

In the R-15 district, where a lot does not meet the area and width requirements for the district but has an existing dwelling thereon, a lot area of at least 5,000 square feet and a minimum lot width of at least 50 feet, the existing single-family dwelling may have an addition, subject to the following conditions:

The right to operate and maintain any nonconforming structure shall terminate and shall cease to exist whenever the nonconforming structure is damaged or removed in any manner, and from any cause whatsoever, and the replacement cost exceeds 50% of the cost of such structure on the date of such damage, exclusive of value of land. Value shall be determined by the Township Construction Official in consultation with the Zoning Officer and Tax Assessor.

Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. No structure containing a nonconforming use shall be enlarged, extended, constructed, intensified, or reconstructed without appeal for use variance relief. Nonconforming structures containing only permitted uses may be enlarged, extended, or structurally altered so long as the proposed modifications conform to the requirements of this chapter. Vertical and horizontal expansions encroaching within the required setback shall be considered an intensification of nonconformity, requiring variance approval.

All dwelling units, except as otherwise provided for in this ordinance, shall be equipped and maintained with at least 1 accessory garage having not less than 231 square feet in floor area. Such garage may be attached to or built into the dwelling unit or separately constructed as hereinafter provided in this section.

Every dwelling unit, except as otherwise provided for in this ordinance, hereafter erected shall be provided with a driveway improved with asphalt (alternatively known as "bituminous concrete"), paving stone, brick paver, concrete or similar surface. Gravel driveways shall not be permitted. Any driveway entering onto a street which has an existing right-of-way of 60 feet or more or which is shown on the Map of Streets of Wayne Township as having a proposed width of 60 feet or more shall provide turnaround space of sufficient area to allow cars to turn around in order to permit entrance onto such thoroughfares frontwards. Driveway grades shall adhere to the following: 1% minimum to 12% maximum. Residential driveways shall be a minimum of three (3) feet from the side property lines.

Every dwelling unit, except as otherwise provided for in this ordinance, shall be provided with a minimum of two off-street accessory parking spaces.

Accessory buildings, structures and uses shall be permitted only on the same lot as the principal building to which they are accessory.

Accessory buildings, structures and uses shall not be used such as to alter the character of the premises on which they are located and, except for accessways to accessory parking or loading areas from an adjoining street, shall not encroach upon any front, side or rear yard unless otherwise permitted in this chapter.

On a property zoned or used for single-family residential, accessory garage lot coverage area shall not exceed 700 square feet.

On single-family residential lots, the total lot coverage of all accessory buildings located on the property, including accessory garage area, shall not exceed seven percent of the total lot area or 1,000 square feet, whichever is less.

Locations:

On properties zoned or used for single-family residential, there shall be no more than 2 accessory structures per property, however detached garages shall not be included for the purpose of this provision.

On single-family residential lots, pool filters, HVAC units and generators shall not be placed in a front yard except that on corner lots, pool filters, HVAC units and generators may be placed in a front yard provided that said unit(s) is placed along the side wall of the principal structure.

Pigeon Coops or Lofts:

Fowl Coops:

Electric vehicle service equipment:

Personal communications antenna, as defined in Article I of this chapter, shall be considered accessory uses in all zones.

Personal communications antenna utilized by an individual or association duly licensed in the Citizens Radio Service under 47 C.F.R., Part 95 of the regulations of the Federal Communications Commission, or any amendment, revision or substitution thereof, shall not exceed a height of 60 feet or any lower height limitation that may from time to time be prescribed by federal law for such radio service.

Personal communications antenna utilized by an individual or association duly licensed in the Citizens Radio Service under 47 C.F.R., Part 97 of the regulations of the Federal Communications Commission, or any amendment, revision or substitution thereof, shall not exceed a height of 60 feet.

Antenna designed solely for the reception of radio and TV signals shall not exceed a height of 20 feet above the height of the principal structure, without approval of the Planning Board or Board of Adjustment, whichever Board has jurisdiction. Such approval may be granted upon a showing that due to topography, configuration of buildings or surrounding structures or trees adequate reception is not possible below 20 feet above the height of the principal structure to which the antenna and/or antenna support is to be affixed.

A dish larger than three feet in diameter or seven square feet in area, but not exceeding eight feet in diameter or 50 square feet in area, shall:

Dishes larger than that described in paragraph A, herein, shall be prohibited.

Location requirements:

Pedestrian circulation:

Vehicular circulation:

Outdoor dining improvements:

Operation requirements. The outdoor dining area shall comply with § 149-34.

Suspension and revocation of permit.

Violations and penalties. When no other penalty is prescribed by law, any person who violates any provision of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-15.

Minimum lot size: 2 acres.

Minimum buffer area:

The premises must front directly on and derive access to a county, state or federal highway.

One off-street parking space for every two persons based upon total maximum occupancy as determined by the Fire Official.

The premises must front directly on and derive access to a state or federal highway.

No more than one adult entertainment use shall be located on any lot.

No adult entertainment use shall be established or permitted in any building or which any part is used for residential purposes.

No residential use shall be established in a building of which any part is used as an adult entertainment use.

No adult entertainment use shall be established closer than 1,500 feet to any lot line of any other adult entertainment use.

No adult entertainment use shall be established closer than 1,500 feet to the lot line of any residential district, which shall include any zoning district that permits residential use.

No adult entertainment use shall be established closer than 1,500 feet to the lot line of any place of worship, community center, funeral home, school, day care center, hospital, alcoholism center or drug treatment center, nursing home, senior citizen residence complex, counseling or psychiatric treatment facility or public park, playground, playing field or ball field.

Nothing contained herein shall permit obscene materials as same as defined in N.J.S.A. 2C:34-2.

Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located.

No sexually oriented business shall display more than two exterior signs consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The signs shall be of equal size and together shall not exceed a total of 20 square feet. However, in no event shall the total area of the signs exceed 15% of the front area of the building. The signs shall be attached to the building and shall not project beyond the sides or front of the building nor above the roofline or the top of any parapet wall. The signs shall not be illuminated by lighting of intermittent or varying intensity. The signs shall contain only lettering.

Minimum lot size: 2.0 acres.

Parking: 1 space per 10 potential registered children plus 1 space per employee maximum shift.

Maximum impervious coverage: 50%.

Buffers: 50 feet from any residence district or residentially-used property.

There shall be no parking or pavement, other than driveways, permitted in a front yard.

Designated playground areas shall be located and designed in such a manner, so as to avoid the need for children to cross driveways and/or parking areas.

Signs

Lot area. Minimum lot area shall be 1.5 acres maximum lot area shall be 2.5 acres.

Minimum frontage: 200 feet.

Minimum front yard: 100 feet.

Minimum side yards: 50 feet.

Minimum rear yard: 100 feet.

Maximum floor area ratio: 0.25.

Maximum impervious coverage: 70%.

Residences for clergy shall be permitted on the same lot as the place of worship.

Parking.

Signs.

Nothing contained herein shall prohibit the use of an existing private dwelling in a residential zone for any religious purposes, including but not limited to worship, meetings or education; provided that no structural modifications are made to the dwelling for the purpose of facilitating the use for religious purposes and the dwelling is in conformance with all applicable zoning, health, building and fire codes; and further provided that the primary use of the structure continues to be a single-family dwelling.

Maximum height: 24 feet.

Maximum size: 672 square feet in area.

Location:

All such billboard signs shall have a clear space underneath of not less than 4 feet for their entire length. Latticing shall serve the purpose of such clear space.

If illuminated, external illumination shall be used.

Electronic message centers and changeable copy signs for all or any portion of the billboard sign shall be prohibited.

The billboard sign may be two-sided.

The billboard sign may be a "Vee" shape provided that the separated ends of the sign shall be separated by no more than 20 feet.

Purpose. Research conducted by the New Jersey Board of Public Utilities, Office of Clean Energy; Rutgers, the State University, Center for Advanced Energy Systems; and Rowan University found that wind energy is an abundant, renewable, and nonpolluting energy resource; converting wind to electricity will reduce our dependence on nonrenewable energy resources, and decrease the air and water pollution that results from the use of conventional energy sources; distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the State's energy supply portfolio; and small wind energy systems make the electricity supply market more competitive by promoting customer choice. Further, New Jersey's Renewable Portfolio Standards (RPS) require each supplier/provider, as defined at N.J.A.C. 14:8-1.2, that sells electricity to retail customers in New Jersey to provide a percentage of their retail electricity sales from renewable energy sources, beginning at 3.5% in 2004 and increasing to 22.5% by 2021. Current Wayne Township zoning regulations do not fully address wind power as an alternative energy option, which while not intended to discourage the installation of small wind turbines, can substantially increase the time and costs required to obtain necessary local permits.

In balancing the Township's desire to enable its citizens the flexibility to utilize wind energy with the Township's broad goals of protecting the aesthetic character of its commercial centers and neighborhoods, safeguarding against noise impacts to its commercial centers and neighborhoods and ensuring the safety of all citizens, the Township hereby establishes minimum standards to which a small wind energy system is to be installed.

Standards:

Abandonment

Compliance with Building Code. Construction permit applications shall be accompanied by standard drawings of structural components of the small wind energy system, including support structures, tower, base and footings. Drawings and necessary calculations shall be certified in writing by a registered professional engineer that the system complies with the Building Code.

Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this chapter.

Penalties. Any person who fails to comply with any provisions of this ordinance shall be subject to enforcement and penalties as stipulated in Section 1-15 of the Township Code.

Minimum lot area: 10 acres.

Minimum buffer to any residential zone: 100 feet.

Site plan review and approval by the Township’s land use board is required.

Submission Items: Any application for a Residential Treatment Facility shall identify the maximum number of patients that can be treated at one time, including inpatient services (ie. number of beds available for patients) and out-patient services.

Facility shall be provided with a separate exterior entrance.

A minimum of one loading space shall be provided.

Parking shall be calculated as a pro-rata share of in-patient services based upon hospital parking requirements and a pro-rata share of out-patient services based upon medical office parking requirements. Outpatient services shall be calculated based upon the square footage of the facility excluding the inpatient only accommodations.

Visitation and out-patient services shall be permitted only between 8:00 a.m. and 8:00 p.m.

Corner lot. On a corner lot, there shall be deemed two front yards on abutting streets and two side yards.

Through lots. On a through lot, front yards are required along all street lines. In cases where three or more adjacent single-family residential properties are through lots fronting on both a Township and/or private road and a county road, where the effective rear yard faces a county road, the yard facing the county road shall be treated as a rear yard.

Said use shall be located on the same lot as the principal structure and only in the rear yard.

In the case of a corner lot, said uses shall be permitted in that portion of the side yard that is between, (1) lines drawn to extend the side walls of the principal structure (extending to the side property line facing the rear wall of the principal structure) and (2) the side property line that is parallel to, and the length of, the rear of the principal structure. Further, accessory structures shall also be permitted in that portion of the side yard that is between (1) a line drawn to extend the rear wall of the principal structure (extending to the associated side property line facing the side wall of the principal structure) and (2) the side property line that is parallel to the rear wall of the principal structure.

In the case of a corner lot on which the house is caddy corner to the intersecting streets, said portion of the side yard wherein said structures shall be permitted shall be between (1) lines drawn to extend from the rear-most corners of the principal structure to the closest points of the associated side yard lines and (2) the remainder segments of those side yard lines (thereby forming a polygon at the back of the principal structure). In no case shall said uses, or any portion, fall within a front yard.

Said use shall be located at least 10 feet from all lot lines, except as provided for in Section 134-65D below.

Tennis courts and their fences shall be setback a minimum of 15 feet to all lot lines. In the case of a corner lot, said tennis courts shall be permitted in that portion of the side yard that is between, (1) lines drawn to extend the side walls of the principal structure (extending to the side property line facing the rear wall of the principal structure) and (2) the side property line that is parallel to, and the length of, the rear of the principal structure. Further, accessory structures shall also be permitted in that portion of the side yard that is between (1) a line drawn to extend the rear wall of the principal structure (extending to the associated side property line facing the side wall of the principal structure) and (2) the side property line that is parallel to the rear wall of the principal structure.

In the case of a corner lot on which the house is catty corner to the intersecting streets, said portion of the side yard wherein said structures shall be permitted shall be between (1) lines drawn to extend from the rear-most corners of the principal structure to the closest points of the associated side yard lines and (2) the remainder segments of those side yard lines (thereby forming a polygon at the back of the principal structure). In no case shall said uses, or any portion, fall within a front yard.

Fences are permitted around a tennis court, provided that such fences do not exceed 10 feet in height, and the dimensions of the fenced area are no more than 60 feet by 100 feet.

Tennis court drainage shall be reviewed and approved by the Township Engineer prior to construction.

Said use shall be screened to minimize any adverse impact on adjoining properties.

Residential districts:

Nonresidential districts:

Residential driveways and the parking of vehicles shall be subject to the following provisions:

Commercial and other vehicles. No more than one commercial vehicle, vehicle registered as a school bus, or limousine may be parked, stored or garaged overnight, provided that:

Outdoor storage in the Business, Highway Commercial, Regional Retail, Office Building-Limited zones shall not be permitted without prior site plan approval having been granted by the appropriate Board based on the following minimum criteria:

Outdoor display, in the Business, Highway Commercial and Regional Retail zones shall be permitted provided such display does not obstruct pedestrian or fire access.

Except as otherwise permitted in this section, no automotive repair center or automobile service station shall store wrecked, damaged, disassembled (either whole or in part) or abandoned motor vehicles, boats or used automotive or marine parts or used supplies or materials thereof.

There shall be no storage of recreation vehicles, which includes but is not necessarily limited to RVs, boats, boat trailers, and campers.

The temporary storage of wrecked, damaged or disassembled and abandoned motor vehicles is permitted, as follows.

Vehicles awaiting repairs shall be stored on premises for a period not to exceed 30 days. The operator of the automotive repair centers and the automobile service stations shall maintain a daily log to ensure that the time frame is not exceeded. In no event may an unregistered vehicle be stored on the premises at any time. Nothing contained herein shall apply to a licensed auto body repair facility.

Signs at automotive repair centers shall comply with the provisions of the zoning district in which the automotive repair center lies.

Signs at automobile service stations shall comply with the following:

Outdoor storage shall be restricted to materials and products directly related to the principal permitted industrial use or uses of the premises and normally stored outside a structure.

Outdoor storage shall be restricted to the side and/or rear yard.

Not more than 40% each of said rear and/or side yard be used for outdoor storage.

All outdoor storage permitted shall be screened by fencing, planting, or both so as not to be visible from any adjacent property or any public street.

All outdoor storage areas shall be approved by the approving board as part of site plan approval.

All storage as herein permitted shall be maintained in an orderly manner at all times and such storage shall not include any discarded or abandoned materials or vehicles.

Trailers and containers shall not be permitted except as otherwise may be temporarily allowed pursuant to the codes of the Township of Wayne, or as the trailer component of a tractor trailer associated with the operations of a permitted industrial use.

It is the intent of this section, in accordance with the goals and objectives of the Master Plan, to minimize the number and size of signs in the Township of Wayne, consistent with safety and convenience requirements.

Signs in all zones shall comply with the following:

Required signs. All principal buildings in all districts shall be clearly identified as to street number by an unobstructed sign no larger than 1 square foot, clearly visible and legible from the main and abutting street. Such signs shall not require a construction permit.

Signs permitted without permit.

Measurement of sign area.

Nonconforming signs. Any nonconforming permanent sign which can be shown to have lawfully existed on the date of enactment of this chapter may be continued and may be restored, unless the sign has been abandoned.

Abandoned signs. Signs shall be removed by the owner at the owner's expense within 90 days following written notification by the zoning officer for any location where the sign no longer relates to an activity conducted on the site. In the event the sign is not removed within this time period, the Township may remove the sign at the expense of the property owner and for this purpose the Township shall have a lien in the amount of the removal cost.

Prohibited signs. The following signs are prohibited in all zones:

Temporary signs and banners.

Electronic message centers (EMC).

For all signs in residential zones and in the residential area of a planned development; if illuminated, the source of illumination shall be an exterior, concealed light source and shall be shielded in such a manner that the light source does not spill into the street or any adjoining property.

Up to two name plate/address signs attached to a wall or mailbox. Each sign shall be no larger than 2.5 square feet in area.

Signs as otherwise permitted as part of a home occupation pursuant to Article III of this chapter.

Customary warning, "No Hunting" or "No Trespassing" signs provided that such signs may not exceed an area of one square foot each.

For an agricultural use in a zone which permits agricultural uses:

(Reserved)

Garden apartments and multi-family developments shall be permitted one freestanding sign per development for each public street frontage and 1 façade sign per building identifying the development. The freestanding sign shall be a maximum of 30 square feet. Such sign shall be located a minimum of 15 feet from any property line. The façade sign shall be a maximum of six square feet. The maximum height above ground for any sign shall be 10 feet.

Signs in the Business and the Open Space/Government Use Districts:

Signs in the Highway Commercial District:

Signs in the Regional Retail Zone District:

Signs in the Office Building-Limited District:

Signs in the Industrial District:

Signs in the MLID Districts:

Signs in the Office Research District:

Each development shall submit a sign plan to the Planning Board for approval. Such sign plan shall include details on:

The sign plan shall be based on an integrated design theme to include all of the elements mentioned above. All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structures and the landscaping plan. The Planning Board, in its sole discretion, shall determine if a proposed sign plan meets the goals and objectives of this subsection.

The minimum sign setbacks for the zone in which they are located are observed.

The area of any freestanding or ground sign does not exceed 24 square feet.

The height of any freestanding signs shall not exceed eight feet except along major arterial roadways where it shall not exceed 12 feet.

All signs must be located on the premises which they identify.

Digital screen for use of equipment shall not count as sign subject to the following conditions:

Illuminated signage or branding shall be no brighter than 0.3 footcandles above ambient lighting and shall be turned off when the charging unit is not available for use.

Protect residential areas and land uses from the potential adverse impacts of wireless telecommunications towers and antennas;

Encourage the location of wireless telecommunications towers in nonresidential areas and along major transportation corridors;

Minimize the total number of wireless telecommunications towers throughout the community;

Strongly encourage the joint use of new and existing wireless telecommunications towers instead of construction of additional single-use towers;

Encourage the location of wireless telecommunications towers and antennas in areas where the adverse impact is minimized;

Encourage the location of wireless telecommunications towers and antennas in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging;

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

Consider the public health and safety impacts of wireless telecommunications towers; and

Avoid potential damage to adjacent properties from the failure of wireless telecommunications towers through proper engineering and careful siting of towers.

Notwithstanding any other provision of law to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under Article V of this chapter, Site Plan and Subdivision Standards, and consistent with the visual compatibility requirements of § 134-69.3, shall be a permitted use in the I Zone and on public utilities or municipal property and a conditional use in the B, HC, OB-L and OR Zones. When applying for a conditional use, the applicant shall meet the standards of § 134-69.4.

Notwithstanding any other provision of law to the contrary, wireless telecommunications towers consistent with the provisions of §§ 134-69.3 and 134-69.4 shall be a permitted use on municipal property and a conditional use in the I, B, OB-L and OR zones, and on property owned by public utilities.

Notwithstanding any other provision of law to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates by clear and convincing evidence to the Planning Board that no existing tower or structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's needs. The fact that the costs of alternative technology exceeds the costs of a new wireless telecommunications tower or wireless telecommunications antenna shall not be a basis to render any alternative technology unsuitable or unavailable.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened without regard to cost so as to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other means.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that views of, and vistas from, historic districts are not degraded by the appearance of any antenna or tower. The views of architecturally significant structures, identified in the Wayne Township Master Plan, shall not be impaired or diminished by the placement of wireless telecommunications equipment.

One wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of a wireless telecommunications tower, provided that:

An applicant desiring to construct a wireless telecommunications antenna on municipally owned land in a residential zone or a tower in any zone shall demonstrate each of the following to the satisfaction of the Planning Board:

New wireless communications antennas and towers shall be located at the lowest numbered priority location available within the applicant's search area according to the Wireless Equipment Location Schedule following this subsection. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.

Wireless Equipment Location Schedule.

Minimum lot size: the greater of the zone requirement or 2 acres.

Minimum setback of wireless telecommunication tower from:

Minimum setback for wireless telecommunications compound from any property line: the greater of the zone setback requirements or the tower height.

Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:

Maximum height of attached antenna: 10 feet beyond the edge of the building or structure to which attached.

All site plan details required by Article VI, § 134-111.10, Preliminary and Final Major Site Plan Requirements for Wireless Telecommunications Facilities.

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 New Jersey Uniform Construction Code, as it may be amended or supplemented, including a description of the number and type of antennas it is designed to accommodate.

A binding, irrevocable commitment by the applicant for itself and its successors and assigns in interest to lease excess space on the tower to any other potential user at reasonable rates and conditions. The applicant's counsel shall simultaneously submit a written opinion that the applicant's commitment is enforceable by the Township. The commitment shall be recorded prior to issuance of a building permit.

A copy of the lease or deed for the property.

A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within the Township, and any changes known to the applicant to be proposed within the following 12-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

Every wireless telecommunications tower shall be designed and constructed so as to accommodate the equipment of at least three wireless telecommunications service providers (the applicant's plus two collocators).

No signs shall be permitted except for a single sign not exceeding two square feet displaying owner contact information and warnings, equipment information, and safety instructions.

No lighting is permitted except as follows:

Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity.

Wireless telecommunications towers shall be painted in a color or colors required by federal or state regulation or as required by the Planning Board.

All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed for safety.

Every new wireless telecommunications tower shall be of "monopole" design unless the applicant can demonstrate that a different design is necessary for the collocation of additional antennas on the tower. Towers in public view shall employ camouflage technology.

Wireless telecommunications equipment shall be operated so as not to produce noise in excess of the limits set by federal regulation, state regulation, or Township ordinance.

Every modification to a wireless communications antenna shall be subject to site plan review and approval. A "modification" is a change in the number, type, size or location of wireless telecommunications antennas. Like replacement or repair of an antenna in the exact same location shall not require site plan approval.

Operators of wireless telecommunications facilities shall notify the Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for 6 months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such 6-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

Impact area. For purposes of this subsection, the area of concern for which development impacts must be addressed and remediated shall consist of an area 80 feet to either side of the telecommunications pathway as identified by the Township Map Entitled "Township Emergency 911 Telecommunications System" dated January 6, 2011 prepared by the Engineering Division of the Township of Wayne Department of Public Works. Development that falls outside of this area shall be considered as having no impact upon the system.

Required analysis. Any proposed application for development for a telecommunications tower or other structure located within the impact area shall submit evidence either by testimony, exhibit or written report provided by a licensed professional, attesting to the impact of the proposed development upon the Township's Emergency 911 Telecommunications System to the appropriate Board as part of the application. The evidence shall clearly identify any and all potential impacts, if any, to the Township's emergency telecommunication system and any recommended action to eliminate any such impacts so as to neutralize its effect on the system.

Remediation measures. The reviewing Board is hereby empowered to consider any and all alternatives to proposed development for which an impact has been identified so as to eliminate the impact of said development including but not limited to reducing proposed structure heights or requiring the dedication of a location suitable for the construction of a telecommunications relay upon towers, structures or rooftops of buildings that are the subject of the application for development that would otherwise interfere with Township emergency telecommunications signals.