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Weehawken Township City Zoning Code

§ 23-10A.4

General guidelines and requirements.

[Ord. No. 18-2001, § 4]
a. 
Principal or accessory use. All antennas shall be considered principal uses.
b. 
Prohibited structures. Wireless telecommunication towers are prohibited. All antennas must be situated on existing buildings or structures.
c. 
Inventory of existing sites. Each applicant for an antenna shall provide an inventory of its existing wireless communication facilities and antennas that are either within the jurisdiction of the Township or within one-quarter mile of the border thereof, including specific information about the location, height and design of each facility and/or antenna. The Township Departments may share such information with other applicants or organizations seeking to locate antennas within the jurisdiction of the Township, provided, however, that the Township Departments are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d. 
Aesthetics. 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.
e. 
Lighting. The antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the appropriate Township body may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
f. 
State or federal requirements. All antennas must meet or exceed current standards and regulations of the FAA, FCC, and any other agency of the State or Federal government with the authority to regulate antennas. If such standards and regulations are changed, then the owners of the antennas governed by this section shall bring such antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling governmental or quasi-governmental agency. Failure to bring antennas into compliance with such revised standards and regulations shall require the removal of the antenna at the owner's expense.
g. 
Building codes: safety standards. To ensure the structural integrity of the antenna and any accessory structures, the owner of the antenna shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable national, State and local standards for antennas as amended from time to time, If, upon inspection, the appropriate Township official concludes that an antenna and/or its accessory structures fail to comply with such codes and standards and constitute a danger to persons or property, then upon notice being provided to the owner of the antenna, the owner shall have 30 days to bring such antenna and/or accessory structures into compliance with such standards. If the owners fail to bring such antenna and/or accessory structures into compliance within 30 days, the antenna and accessory structures shall be removed at the owner's expense.
h. 
Not essential services. Antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.
i. 
Franchises. Owners and/or operators of antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall file a copy of all required franchises with the Clerk of the Township of Weehawken who shall distribute copies of same to the Township Construction Official and Township Planning Department.
j. 
Signs. No signs or other nonessential accouterments shall be allowed on any antenna with the exception of warning signs or other signs required by Federal, State or local law.
k. 
Buildings and support equipment. Buildings and support equipment clearly related to the use of antenna shall be considered accessory structures. Buildings and support equipment associated with antennas shall comply with the accessory building setback requirements of the appropriate zoning district.