[Amended 9-19-2023 by Ord. No. 2023:10]
The purpose of this article is to regulate the
location, placement, operation and maintenance of wireless telecommunications
("WT") technology within the Township of Parsippany-Troy Hills. This
article is intended to meet the requirements of the Telecommunications
Act of 1996 and Federal Communications Commission (FCC) Order PRB-1
(1985, rev. 2001), while at the same time reasonably regulating WT
technology within the Township of Parsippany-Troy Hills so as to avoid
unreasonable proliferation of WT towers and to address aesthetic and
safety concerns, while reasonably accommodating amateur radio operations
by FCC licensed amateur radio operators and promoting emergency communications.
For purposes of this article, the definition of WT technology shall
not include towers, antennas, support structures, cables, radios,
equipment and related facilities erected, built, relocated, used or
maintained solely for or in connection with amateur radio operations
by an FCC licensed amateur radio operator.
[Amended 9-19-2023 by Ord. No. 2023:10]
A. All WT technology shall comply with the following
setback requirements.
(1) The
minimum setback from any school lot line or other lot line on which
a licensed educational facility is located shall be 300 feet.
(2) The
minimum setback from residential lot lines shall be 300 feet.
(3) The
minimum setback from any other zone shall be 300 feet.
(4) No
WT technology shall be located in the front yard of any lot except
that a building-mounted WT antenna may extend an additional three
feet into the front yard when mounted on the facade of the building.
(5) The
minimum setback of a WT tower from the front, side and rear lot lines
or lease lines of the site on which it is to be located shall be 1
1/2 times the height of the WT tower, inclusive of any WT antennas
or other equipment mounted thereon.
B. Free standing towers, antennas and supporting structures
used solely in connection with amateur radio operations by an FCC
licensed amateur radio operator which are not mounted on the roof
or façade of any building shall comply with the setback requirements
for accessory structures in the zone district in which the tower,
antenna or supporting structure is located.
The following criteria shall be considered by
the approving board prior to the approval or denial of a request for
a use permit for WT technology. These criteria may be used as a basis
to impose reasonable conditions on the applicant:
A. Aesthetics. WT technology shall be located and buffered
to the maximum extent which is practical and technologically feasible
to help ensure compatibility with surrounding land uses. In order
to minimize any adverse aesthetic effect on neighboring residences
to the extent possible, the board may impose reasonable conditions
on the approval of the application, including the following:
(1) The board may require the applicant to show that it
has made good faith efforts to minimize the height of proposed towers,
to co-locate on existing buildings, structures or WT towers or to
locate proposed new WT towers near existing towers in an effort to
consolidate visual disturbances.
(2) The applicant must submit a copy of its policy regarding
collocation with other potential applicants on any proposed WT tower.
(3) The board may require the applicant to use camouflage,
architectural treatment and/or otherwise minimize the visual impact
of the proposed WT technology. Where appropriate to prevent unreasonable
degradation or destruction of public view or vistas, the approving
board may require off-site and/or off-tract landscaping to minimize
sight lines from highly trafficked locations or to mitigate the disruption
of scenic vistas.
B. Radio-frequency effect. The approving board may impose
conditions on the applicant that the proposed WT antenna be operated
only at Federal Communications Commission (FCC) designated frequencies
and power levels and/or relevant and applicable exposure limits. The
board may require that competent documentation be provided which establishes
that maximum allowable frequencies, power levels and exposure limits
for radiation from the site will not be exceeded and that radio and
television reception will not be interfered with.
C. Removal of wireless telecommunications technology.
The applicant shall agree to remove any WT technology if all or part
of any such WT technology becomes obsolete, is unrepaired for an unreasonable
period or ceases to be used for its intended purpose for 12 consecutive
months. Where the applicant proposes to construct a new WT tower,
the approving board shall require the applicant to provide a demolition
bond to the Township of Parsippany-Troy Hills for the purpose of assuring
the removal of any WT technology in accordance with the provisions
of this subsection. When a demolition bond is required, the applicant
will be responsible for providing, on an annual basis, written estimates
for the costs to demolish and/or remove the WT technology and to restore
the land upon which it is located. Such estimates will be used to
establish whether any adjustment is required in the amount of the
required demolition bond. Should the applicant fail to provide the
aforesaid annual estimate, the Township may require that the amount
of the demolition bond be increased in proportion to the most recent
annual increase in the consumer price index for the New York metropolitan
area. The applicant will also grant to the Township an easement allowing
the Township access to demolish abandoned and/or unused WT technology
should the applicant default on its obligation to do so.
D. Structural safety.
(1) Upon written request from the Township of Parsippany-Troy
Hills, at any time during the application process or after the installation,
construction, erection, movement, reconstruction or modification of
any WT technology, the applicant shall provide a report from a licensed
professional engineer certifying as to the condition of the WT technology
with respect to applicable structural safety standards. Such requests
from the Township shall not occur more often than once every three
years. If the engineer's report recommends that repairs or maintenance
are required, then a letter shall be submitted to the Township which
shall contain a reasonable schedule for the required repairs or maintenance.
Upon their completion, a letter shall promptly be submitted to the
Township to certify same.
(2) In the event the applicant fails to comply with these
requirements regarding structural safety, the Township reserves the
right, in addition to all of its other rights and remedies available
under federal, state, and local law, to declare the applicant in default
of its obligations under this subsection. Should that occur, the applicant
will have 10 days to notify the Township as to how it intends to cure
its default, setting forth a reasonable schedule for same. In the
event the applicant fails to so notify the Township or fails to cure
as agreed, the Township may draw on the applicant's demolition bond
and arrange for the removal and/or demolition of the applicant's WT
technology; declare the WT technology to be abandoned and arrange
for the public auction of the WT technology; and/or pursue such other
remedies at law and in equity as may be available. Nothing in this
subsection shall be construed to limit the applicant's liability for
criminal prosecution.
E. Flammable storage. Any storage facilities for flammables,
including fuel, on the site will be equipped with secondary spill
containment.