Township of Pennsauken, NJ Wireless Telecommunications Facilities

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, television signals, pagers and other communications signals. For the purposes of this article, "cellular antennas," as referred to in the 1996 Federal Telecommunications Act, shall not be deemed a public utility.

ANTENNA SUPPORT STRUCTURE

A structure, other than a telecommunications tower, which is attached to a building or water tower and on which one or more antennas are located.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and ancillary facilities and adjacent lot lines and or land uses.

CAMOUFLAGE TECHNIQUES

Man-made trees, clock towers, bell steeples, flagpoles and similar alternative design mounting structures that conceal the presence of antennas or towers.

CARRIER

A company that provides wireless service.

COLLOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure. The installation of new wireless facilities on previously approved structures, including towers, buildings, water tanks, and high transmission utility poles.

Use of a common WTS or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WTS on a structure owned or operated by a utility.

DELAWARE GARDENS SECTION OF PENNSAUKEN TOWNSHIP

A section of the Township that covers an area from the Delaware River to Westfield Avenue and 36th Street to Cove Road.

DISTRIBUTED ANTENNA SYSTEM (DAS)

A distributed antenna system is a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

FAA

The Federal Aviation Administration.

FALL ZONE

The area in which a wireless support structure may be expected to fall in the event of a structural failure, as measured by engineering standards.

FCC

The Federal Communications Commission.

HEIGHT OF COMMUNICATIONS TOWER

The vertical distance measured from the ground level to the highest point on a communications tower, including antennas mounted on the tower.

PREXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this article so long as such approval is current and not expired.

PUBLIC UTILITY TRANSMISSION TOWER

A structure owned and operated by a public utility electric company regulated by the New Jersey Public Utility Commission, designed and used to support overhead electricity transmission lines.

SEARCH RING

The area within which a wireless facility must be located in order to meet service objectives of the wireless service provider using the wireless facility or wireless support structure.

TELECOMMUNICATIONS MASTER PLAN

The Telecommunications Master Plan and Report produced for the Township of Pennsauken by V-Comm, LLC, dated December 16, 2008, including modifications or supplements.

TELECOMMUNICATIONS TOWER ("TOWER")

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purpose, including self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave, common carrier towers, cellular telephone towers, alternative tower structures and the like.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the FTA, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operation or is used exclusively for receive-only antennas, nor does it include noncellular telephone services.

WIRELESS TELECOMMUNICATIONS STRUCTURE ("WTS")

Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structures, telecommunications towers, and related facilities other than WTE. A vertical structure designed principally to elevate and support wireless telecommunications antennas, which is freestanding and is not attached to a building or structure.

WIRELESS TELECOMMUNICATIONS EQUIPMENT ("WTE")

Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot or building roof-top as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, cabinets, and security fencing.

§ 141-124 Goals and purpose.

The specific goals of this article are:

To minimize the adverse visual effects of wireless communications facilities and support structures through proper design, siting and vegetation.

To encourage the location of antennas upon, or within, existing structures, including, but not limited to, multistory commercial or industrial buildings, telecommunications towers and existing water towers and high electric transmission towers.

To encourage the collocation of antennas on the fewest number of existing structures within the Township of Pennsauken.

To encourage the communications carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewscapes through careful design, site location, landscape screening and innovative camouflaging techniques.

To encourage the use of alternative technologies which do not require the use of telecommunications towers or require telecommunications towers at relatively lesser heights.

To enhance the ability of the carriers of personal wireless communications services who adhere to the letter and intent of this article to provide such services quickly, effectively and efficiently.

To protect residential zones and residential uses from the potential adverse impact of wireless telecommunications towers and antennas.

To minimize the total number of wireless telecommunications towers throughout the community.

To accommodate the need for wireless communications facilities while regulating their location and number in the Township.

To encourage the joint use of support structures to reduce the number of such structures needed in the future.

To insure public health, safety, welfare and convenience.

§ 141-125 Permitted uses.

Antennas and WTE are permitted uses in any zone if they collocate and are installed upon the following existing structures and grounds appurtenant thereto:

(1)

Preexisting telecommunications towers;

(2)

Preexisting public utility transmissions towers which exceed 100 feet in height; and

(3)

Preexisting water towers in excess of 100 feet.

(4)

Preexisting buildings which have prior approval for cell antennas and WTE.

The applicant attempting to collocate shall be required to demonstrate that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate at least, but not necessarily limited to the following:

(1)

The need to address inadequacy of signal strength through the proposed collocation to the satisfaction of the Planning Board or Zoning Board Engineer by maps prepared by a properly qualified professional engineer.

(2)

That the technology proposed is the least visually intrusive of various suitable technologies.

(3)

That the height of the antennas is the minimum necessary given the carrier's network and requirements. The height of the WTS and any antenna shall exist in a range not to exceed 120 feet from the ground.

(4)

That collocation of the antennas on other existing structures, or that location of a less visible site, or that the use of micro cells, or the DAS system providing more numerous antennas at lower heights, either within or outside the Township of Pennsauken, is either not practical in order to provide adequate communications or that the visual impact to the community on the proposed site is less than would exist at alternate sites.

(5)

That the use of digital technology or the DAS system or a system similar to the DAS system would not eliminate the need for the proposed antenna.

(6)

If the WTS and WTE are to be installed on a building the following additional requirement shall be met:

(a)

Support structure safety. The applicant shall demonstrate that the proposed wireless communications facility and support structure(s) are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufactures and fenced in.

(b)

The applicant shall submit certification from a New Jersey Registered professional engineer (PE) that a proposed communications structure and the building and roof supporting that structure are structurally sound and in compliance with the current structural standards for steel antenna towers and antenna supporting structures. The maximum allowable coverage for a WTS and WTE on any roof will not exceed 25% of the area of the roof.

The location of personal wireless communications antennas as a permitted use shall require site plan review and approval of an application submitted to the Planning Board of the Township of Pennsauken. In addition to the information customarily required for site plans as identified on the Township's site plan application checklist, the applicant shall provide the following information to the Planning Board:

(1)

Any proposed structural modification to the existing telecommunications tower, water tower, or building that is necessary to accommodate the proposed antennas or any proposal to enlarge the existing WTS (other than by addition of the antenna itself), shall be treated as an application for a nonconforming use and referred to the Zoning Board of Adjustment as set forth below;

(2)

The proposed location and landscape screening of any shelters enclosing the related electronic equipment;

(3)

Any other construction that may be proposed or required regarding the installation of the proposed antennas;

(4)

The height of any proposed antenna attached to an existing structure, provided that no antenna shall extend higher than 10 feet above the height of the existing structure or the height of any preexisting antenna, whichever is lower. No antenna shall be placed on any building where the antenna or any supporting equipment extends over the outside envelope of the building itself. The structure and antenna will be placed at least 10 feet from any building edge; and

(5)

Needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction, or modification of any WTS or WTE within the Township. This evidence shall include at a minimum:

(a)

The applicant will supply a network layout and coverage areas for a radius of at least five miles from the proposed site, identifying all locations:

[1]

In operation as of the filing date of the development application.

[2]

Under construction as of the filing date of the development application.

[3]

Pending approval before any licensing authority as of the date of the development application.

[4]

Planned or projected for approval and construction within the next two years.

(b)

All results and to the extent requested by the approving board, supporting data derived from tests which must be conducted to determine before and after signal strength plots. Those results and data:

[1]

Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement, reconstruction, or modification of the WTS and/or WTE within the Township of Pennsauken.

[2]

Shall be certified by a qualified, independent radio frequency engineer. The Board reserves the right to retain a radio frequency engineer on its own behalf at the applicant's expense to review the results or data submitted by the applicant.

[3]

A search ring of the zones and locations in which the use is permitted prepared by a professional radio frequency engineer and overlaid on an appropriate background map demonstrating the area within the permitted locations where the WTS and/or WTE needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.

[4]

In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified independent professional engineer which explains why the proposed location was selected.

[5]

Maximum RF exposure analysis. The maximum RF exposure analysis shall be a written report prepared by a qualified engineer with expertise in radio frequency (RF) radiation safety. The report shall identify all applicable laws, regulations, and industry standards establishing maximum exposure levels for RF radiation. The report shall calculate the maximum RF exposure levels at the lot or lease lines of the proposed site, based upon the maximum power output of the full complement of the WTS and/or WTE which the tower or other supporting structure is capable of accommodating. The analysis shall demonstrate, to the satisfaction of the approving board, that the maximum RF exposure at the lot or lease lines of the proposed site would not exceed the applicable maximum RF exposure levels established by federal or state law or regulation or by generally recognized industry safety standards. In the event that the analysis does not demonstrate that the maximum RF exposure at the lot or lease lines is less than the lowest applicable maximum level by at least a factor of 10, the approving board may appoint, at the applicant's expense, a qualified independent engineer to review the analysis, its supporting data, and its underlying assumptions.

§ 141-126 Conditional uses.

A single WTS may be constructed in the Delaware Gardens area as a conditional use, but not within a residential zone and subject to the remaining requirements of this § 141-126 and those requirements contained in §§ 141-129 and following.

A WTS constructed in the Delaware Gardens area shall be set upon the following locations, ranked in a descending priority order:

(1)

Lands owned by the Township of Pennsauken.

(2)

Heavy Industrial Zone.

(3)

Limited Industrial Zone.

An applicant proposing to construct a WTS in the Delaware Gardens area shall provide a certification of a responsible person, in a form to be reviewed and approved by the Municipal Attorney, which warrants and represents that the WTS can accommodate antenna and necessary WTE for collocation by other wireless carriers and that the applicant shall share the use of its WTS with other FCC-licensed carriers at fair market value. The warranty of collocation ability shall be a condition of any approval.

The applicant shall be required to demonstrate that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission. Included as part of this requirement, the applicant shall demonstrate at least, but not necessarily limited to the following:

(1)

(2)

That the technology proposed is the least visually intrusive of various suitable technologies.

(3)

(4)

(5)

That the use of digital technology or the DAS system or a system similar to the DAS system would not eliminate the need for the proposed antenna.

(6)

If the WTS and WTE are to be installed on a building, the following additional requirement shall be met:

(a)

(b)

The applicant shall submit certification from a New Jersey registered professional engineer (PE) that a proposed communications structure and the building and roof supporting that structure are structurally sound and in compliance with the current structural standards for steel antenna towers and antenna supporting structures. The maximum allowable coverage for a WTS and WTE on any roof will not exceed 25% of the area of the roof.

The location of personal wireless communications antennas as a conditional use shall require site plan review and approval of an application submitted to the Planning Board of the Township of Pennsauken. In addition to the information customarily required for site plans as identified on the Township's site plan application checklist, the applicant shall provide the following information to the Planning Board:

(1)

(2)

The proposed location and landscape screening of any shelters enclosing the related electronic equipment;

(3)

Any other construction that may be proposed or required regarding the installation of the proposed antennas;

(4)

The height of any proposed antenna attached to an existing structure, provided that no antenna shall extend higher than 10 feet above the height of the existing structure or the height of any preexisting antenna, whichever is lower. For antennas attached to the roof or a supporting structure on a rooftop, a one-to-one setback ratio (example: ten-foot-high antenna and supporting structure requires ten-foot setback from edge to roof) shall be maintained unless an alternative placement is shown to reduce visual impact; and

(5)

(a)

The applicant will supply a network layout and coverage areas for a radius of at least five miles from the proposed site, identifying all locations:

[1]

In operation as of the filing date of the development application.

[2]

Under construction as of the filing date of the development application.

[3]

Pending approval before any licensing authority as of the date of the development application.

[4]

Planned or projected for approval and construction within the next two years.

(b)

All results and to the extent requested by the approving board, supporting data derived from tests which must be conducted to determine before and after signal strength plots. Those results and data:

§ 141-127 Existing clusters.

The Township has determined that there are four areas where WTSs are clustered as set forth in the findings of fact.[1] No new WTS shall be permitted within a distance of 1/4 mile of any WTS within an existing cluster.

[1]

Editor's Note: Said findings are on file in the Township offices.

§ 141-128 Potential future needs.

It is the intent of the Township of Pennsauken that there be within the Township no additional WTSs or WTE, with the exception of the allowed antenna. WTE and single WTS, enumerated in §§ 141-125 and 141-127 above. However, the Township recognizes that it can not anticipate all future needs that may arise under existing or future law or technology to accommodate the wireless communications user. Accordingly, this § 141-128 is designed to address that possible future need in a manner that is consistent with the goals of this Ordinance.

In order to effectuate the purposes of this Ordinance, an applicant for a new WTS shall be required to obtain a use variance. In connection with the application for a use variance the applicant shall:

(1)

Demonstrate through clear and convincing evidence that the new WTS is required to avoid a significant gap in coverage in an area in which the applicant is required by its FCC license to provide coverage, defined as the inability of a substantial number of the carrier's remote users to connect with the land-based national telephone network, or to maintain a connection capable of supporting reasonably uninterrupted communications. It must also demonstrate that the significant coverage gap can not be cured by any other wireless communications provider servicing the same area.

(2)

At the time of initial submission, the applicant shall provide a comprehensive plan which shall include the following information:

(a)

The mapped location and written description of all existing and approved WTSs and WTE for all providers of wireless communications services within one mile of the subject site, both within and outside the Township of Pennsauken;

(b)

The mapped location and written description of all existing water towers and existing public utility transmission towers within one mile of the subject site, both within and outside the Township of Pennsauken;

(c)

An explanation of why the proposed antennas cannot be placed as a permitted collocation as set forth in § 141-125 of this Ordinance;

(d)

An analysis setting forth how the projected location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Township of Pennsauken by the applicant and by other providers of wireless communications services within the Township;

(e)

An analysis setting forth how the projected location of the proposed WTS and WTE specifically relates to the objective of collocating the antennas of many different providers of wireless communications services on a single supporting structure;

(f)

An analysis setting forth how the projected location of the proposed WTS and WTE specifically relates to the overall objective of providing adequate wireless communications services within the Township while, at the same time, limiting the number of telecommunications towers to the fewest amount possible. The applicant shall address alternative technologies which do not require the use of telecommunications towers or require telecommunications towers of a lesser height;

(g)

Without forgoing in any way the presumption that new WTSs and WTE are not necessary and therefore prohibited, with the exception of the allowed antenna, WTE and single WTS, enumerated in §§ 141-125 and 141-127 above, applicants must endeavor to place new WTSs and WTE first in Heavy Industrial Zones and thereafter in descending priority as follows: T-1, L-1, C-2, C-1, P-1, R-5 through R-1, so that the least favorable option is any residential zone. Applicants for a WTS and/or WTE must provide competent evidence of an effort to locate within the highest priority zoning district as set forth herein;

(h)

An analysis setting forth the relationship of the proposed WTS and WTE to the Master Plan.

§ 141-129 Site plan and design requirements.

Any WTS or WTE should be located to avoid being visually solitary or prominent when viewed from residential areas and the public ways. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible and in accordance with the landscaping requirements of this § 141-129. WTSs and WTE 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.

Height standards.

(1)

A WTS shall range from 80 feet to 120 feet and in no event exceed 120 feet in height. It must be constructed to provide that the height is no greater than that required to achieve service area requirements and potential collocation and to comply with the additional setback requirements contained in this § 141-129.

(2)

WTE is limited to 15 feet in height.

Setback and area standards.

(1)

The placement of a WTS shall be subject to the minimum yard requirements of the applicable zoning district in which they are located and in addition shall be set back a distance equal to 50% of the height of the telecommunications tower from any adjoining lot line and provide for a fall zone, requiring that it be at least as distant as the height of the tower plus 10 feet to any other existing structure on the same or any adjacent lot.

(2)

WTE shall comply with all setback and area requirements for accessory structures pursuant to the zoning district in which it is located except that no setback shall be less than 10 feet in any zone.

(3)

WTE, together with any other associated equipment or structures, located on the roof of any building, shall occupy no more than 25% of the roof area and shall be set back based on a one-to-one setback ratio (example: ten-foot-high antenna and supporting structure requires ten-foot setback from edge to roof) shall be maintained unless an alternative placement is shown to reduce visual impact.

Shelters and equipment sheds. Individual shelters for the required electronic equipment related to wireless communications antennas shall be permitted, provided that:

(1)

Any proposed shelter enclosing required electronic equipment shall not be more than 15 feet in height or more than 250 square feet in area. Only one such shelter or equipment shed shall be permitted for each provider of wireless communications services located on a site.

(2)

No electronic equipment shall interfere with any public safety communications.

(3)

The building shall possess one light at the entrance to the building, provided that said light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.

Fencing and other safety devices. WTSs and WTE shall be surrounded by a security feature such as a fence and be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices may be required, as needed, and as approved by the Planning Board or Zoning Board of Adjustment.

Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen and buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All WTE and WTSs shall be screened by an evergreen hedge eight feet to 10 feet in height at planting time and a solid fence eight feet in height in order to effectively screen the view of the equipment compound during all four seasons of the year. The landscaping plans shall be prepared by a licensed landscape architect, who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the equipment compound from view and to enhance the appearance of the building. Any newly planted evergreen trees shall be at least eight feet high at time of planting.

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 WTS or WTE.

Color.

(1)

WTSs and WTE shall be of a color appropriate to the telecommunications tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). The color of the WTS and WTE will be provided as part of the application.

(2)

Every applicant shall be required to submit information that would utilize to the fullest extent available current or future camouflage technology.

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 Planning Board or the Board of Adjustment.

Lease. A copy of the lease and a letter of authorization from the property owner evidencing the applicant's authority to pursue an application shall be supplied as part of the application. The letter of authorization shall be notarized and signed under penalty of perjury by the owner of the property.

Description. Written description and scaled drawings of the proposed support structure, including structure height, ground and structure design, and proposed materials and number and type of proposed antennas and their height above ground level, including the proposed placement of antennas on the support structure.

Line-of-sight diagram. Line-of-sight diagram or photo simulation, showing the proposed support structure set against the skyline and viewed from at least four directions with surrounding areas.

Collocation statement and policy and DAS statement. Each applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on other existing telecommunications sites. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications providers and the property owners of the other existing telecommunications structures or collocation sites. The Township and Planning or Zoning Boards reserve the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer will be paid from escrow funds supplied by the applicant.

Monopole. Any proposed new telecommunications tower shall be a monopole. Such telecommunications towers may employ camouflage technology.

Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except in emergency situations requiring the use of a backup generator.

Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and WTSs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide verification that any WTS and/or WTE meets or will meet current FCC requirements.

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

Maintenance. WTSs shall be maintained to assure their continued structural integrity. The owner of the WTS shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance. The site is subject to inspection by the Township annually. The owner will supply a report every five years to the Township Engineer that the tower, monopole and supporting structures are structurally sound. The report shall be prepared by a New Jersey professional engineer.

Additional information and submission requirements.

(1)

Documentation by a qualified expert regarding the capacity of any proposed WTS for the number and type of antennas including the mounting positions for the collocated antennas and the minimum separation distance between antennas. Additionally, documentation of the tower's capacity, including the number and type of antennas that it can accommodate, will be provided.

(2)

Documentation by a qualified expert that any proposed WTS will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met.

(3)

A letter of commitment by the applicant, in a form which is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any WTS with other approved providers of wireless communications services. The letter of commitment shall be recorded prior to the issuance of permits and approval from the Planning or Zoning Board. The letter shall commit the tower owner and his successors in interest to this obligation.

(4)

A letter from the applicant agreeing that any WTS or WTE not used for its intended and approved purpose for a period of six months shall be deemed no longer operative and shall be removed by the responsible party within 60 days thereof. The owner or applicant will submit if applicable a copy of the signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site. This requirement will be included with the application for approval and is a condition precedent before hearing the application.

(5)

A certified load analysis report prepared, signed and sealed by a professional engineer, for the building, structure, existing monopole or proposed monopole upon which the antenna is proposed to be located, indicating its ability to support possible future collocated antenna.

(6)

Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility that the selected site meets their operational needs and space requirements including space required for WTE.

(7)

Maintenance bond. The telecommunications provider shall post a bond or letter or credit. Said maintenance bond will be sized by the Planning or Zoning Board Engineer.

(8)

Removal bond. The owner or applicant of any proposed tower construction shall be required to post a performance bond for the removal of the tower in order to guarantee that the tower be removed and the top three feet of concrete be removed and backfilled. Said performance bond will be sized by the Planning or Zoning Board Engineer.

(9)

Nonconforming wireless telecommunications towers or structures may continue in use for the purpose now used but may not be expanded (i.e., increasing the size or by adding additional users without complying with this ordinance.

(10)

The owner of any nonconforming wireless telecommunications tower or structure WTS and WTE may repair or rebuild (but not expand such telecommunications tower, WTS, or WTE, including changing height or reducing its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this ordinance.

(11)

Local communications facilities shall be located in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii through v to the extent feasible and consistent with other provisions contained herein.

(12)

If multiple sites for new towers that meet all other qualifications are available, the site with the least visible impact should be selected.

(13)

The owner or telecommunications providers will supply annually to the Planning and Zoning Administrator and the Township Clerk a list of the current telecommunications providers using the site.

§ 141-130 Abandoned facilities.

Any WTS or WTE that is not operated for a continuous period of six months shall be deemed abandoned or not in use. If there are two or more users of a single WTS or WTE, then the abandonment shall not become effective until all users cease using the WTS or WTE for a continuous period of six months. The owner(s) of such WTS or WTE shall remove same within 60 days of notice from the Zoning Officer that the WTS or WTE is abandoned. If such WTS or WTE is not removed within said 60 days, the municipality may remove such WTS or WTE at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the six-month reuse period may be extended for a period not to exceed one additional year.

The applicant shall annually notify the Township Planning Office of the number of users. To ensure the removal of a WTS and WTE, the owner thereof shall post a bond, to be reviewed by the Township Engineer and Planning Board Engineer and be in a form acceptable to the Township Attorney at the time a construction permit is issued to cover the costs of the removal, disposal and site restoration. The owner shall x`provide annual written demolition cost estimates for the purpose of adjustments to such bond.

The site where the WTS and WTE were located will be restored to its original condition or a condition acceptable to the Township of Pennsauken.

§ 141-131 Technical experts.

In addition to its normal professional staff, given the technical and specialized nature of the testimony to be provided by the applicant's radio frequency expert(s), the Planning Board or Zoning Board of Adjustment may, at the applicant's sole cost and expense, hire its own radio frequency expert to review and comment on testimony presented by the applicant. The Planning Board, or Zoning Board of Adjustment, may employ experts with specialized areas of expertise if deemed necessary, the cost of which shall be at the applicant's expense.