The purpose of this article is to regulate the location and
placement of wireless telecommunications towers, antennas, and other
equipment and facilities within the Township of Montville. It is also
the purpose of this section, consistent with state and federal law,
to establish guidelines for the siting of wireless telecommunications
towers, antennas, and other equipment and facilities in order to:
A.
Preserve the character of the community, including residential neighborhoods,
historic sites and designated scenic corridors which the Master Plan
seeks to protect; and
B.
Provide that such facilities are properly located, carefully designed
and screened using landscaping, fencing and industry-available camouflaging
techniques to blend with the existing natural or built surroundings
so as to minimize adverse visual impacts; and
C.
Protect and minimize the impact upon residential areas from any possible
adverse impacts of towers and antennas, including through the use
of stealth technology, and by encouraging the location of such equipment
to nonresidential areas; and
D.
Minimize the total number of towers throughout the Township; and
E.
Strongly encourage the joint use of new and existing towers rather
than the construction of additional single-use towers; and
F.
Encourage the location and siting of towers to limit, to the extent
possible, the height of such towers; and
G.
Encourage users of towers and antennas to locate them in areas where
any possible adverse impact on the community is minimal; and
H.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly and effectively;
and
I.
Avoid potential damage to adjacent properties from tower failure
through engineering, careful location and setback standards for tower
structures; and
A.
New towers and antennas. All towers or antennas in the Township of
Montville shall be subject to these regulations, except as otherwise
provided or grandfathered herein.
B.
Amateur radio and receive-only antennas. This section shall not govern
any tower, or the installation of any antenna, that is under 70 feet
in height and is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas.
C.
Preexisting towers or antennas. Preexisting towers or antennas shall
not be required to meet the requirements of this section, other than
the requirements regarding building codes and safety standards. This
exception shall not apply to any expansion or intensification of a
preexisting tower or antenna.
D.
Government agencies. Communication towers or antennas owned, operated
or used by the municipal government shall be exempt from the requirements
of this section.
E.
Satellite dish antennas. This section shall not govern any parabolic
satellite antennas.
A.
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. Notwithstanding anything in this
chapter to the contrary, a separate existing structure on the same
lot shall not preclude the installation of an antenna or tower on
such lot. If a tower and its appurtenant structures constitute the
sole use of the lot, the tower shall be deemed to be the principal
use.
B.
Lighting. For aesthetic and health reasons, towers shall not be artificially
lighted unless lighting a flag on a monopole designed to function
as a flag pole.
C.
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Telecommunications Industries Association and the Electronic
Industries Association, as amended from time to time. If, upon inspection,
the Township of Montville concludes that a tower fails to comply with
such codes and standards and constitutes a danger to persons or property,
then, upon notice being provided to the owner of the tower, the owner
shall have 60 days to bring such tower into compliance with such standards.
Failure to bring towers and antennas into compliance with such codes
and standards within 60 days shall mean that the Township may, consistent
with due process requirements, avail itself of any and all legal or
equitable remedies, to seek the removal of the tower or antenna at
the owner's expense or revocation of the certificate of occupancy.
D.
Signs. No signs shall be allowed, with the exception of warning signs
or other signs required by federal, state or local law.
E.
Multiple antenna/tower plan. The Township of Montville encourages the users of towers and antennas to co-locate antennas when technically feasible. Applications for approval of co-location sites shall be given priority in the review process, including deference in the granting of appropriate waiver requests pursuant to § 230-237.
F.
Compliance with radiation emission standards. At the time of its
application for development, the applicant shall demonstrate that
the proposed antenna and related structures and equipment complies
with all applicable state and federal regulations of electromagnetic
radiation levels.
G.
Towers shall be limited to monopoles. Lattice-work-type towers are
prohibited.
The following sets forth the locations in which antennas are permitted. See § 230-227 for zones where towers are permitted.
A.
Notwithstanding anything in this chapter to the contrary, the installation or co-location of wireless telecommunications antennas on existing business, industrial, office or institutional structures, subject to site plan approval requirements and consistent with the visual compatibility requirements of § 230-228 below, shall be a permitted use in all industrial districts, provided that:
(1)
The antenna does not exceed 10 feet more than the maximum building
height for the zone wherein the structure is to be located; and
(2)
The antenna complies with all applicable FCC regulations; and
(3)
The antenna complies with all applicable building codes; and
(4)
The antenna is designed through stealth technology to minimize
or eliminate visual obtrusiveness to adjacent residential properties;
and
(5)
The structure upon which the antenna is to be located meets
all applicable zoning and bulk requirements and standards, or an appropriate
variance is granted.
B.
To minimize adverse visual impacts associated with the proliferation
and clustering of towers, co-location of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, subject to the requirements herein.
C.
Notwithstanding anything in this chapter to the contrary, the installation
of wireless telecommunications towers shall not be a permitted use
in any residential zone districts of this Township.
D.
Wireless telecommunications antennas or towers located on property
owned, leased or otherwise controlled by the Township of Montville
shall be a permitted use in all zone districts, provided that a license
or lease authorizing such antenna or tower has been approved by the
Township Committee of the Township of Montville, and, as a condition
of any such license or lease, the Township may require site plan approval
or may exempt the applicant from site approval. The decision to extend
such license or lease to an applicant shall be vested solely with
the Township, and shall not be governed by this section. The Township,
in its absolute discretion, reserves the express right to deny all
use of its property for antennas or towers. Nothing in this section
shall be construed as requiring any applicant to locate on property
owned, leased or otherwise controlled by the Township. Preexisting
towers and antennas are exempt from the application of this subsection.
Notwithstanding anything in this chapter to the contrary, wireless telecommunications towers not located on existing structures, consistent with the visual compatibility requirements of § 230-228 and the standards of § 230-229, shall be a permitted use within all nonresidential and mixed use zone districts of this Township.
A.
All wireless telecommunications antennas and wireless telecommunications
towers shall be located, designed and screened to blend with the existing
natural or building surroundings so as to minimize visual impacts
through the use of stealth technology, including color and camouflaging,
architectural treatment, landscaping, and other available means, considering
the need to be compatible with neighboring residences and the character
of the community. Stealth tower structures shall be given preference.
B.
Towers shall either maintain a galvanized steel finish or be painted
a neutral color, so as to reduce visual obtrusiveness.
C.
At the wireless telecommunications equipment building, the design
of the buildings and related structures shall, to the extent possible,
use materials, colors, textures, screening and landscaping that will
blend the tower facilities to the natural setting and surrounding
buildings.
D.
Towers must be designed to preserve scenic vistas and views of cultural
and history landmarks and of unique geographic and topographic features.
Natural features such as trees, hilltops and views, natural terrain,
open waters and natural drainage ridgelines shall be preserved whenever
possible in locating and designing a tower. Towers shall further be
designed and located to minimize impact on open space and Green Acres
properties.
E.
If an antenna is installed on a structure other than a tower, 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. Antennas which
are flush mounted and painted to match existing structures, and antennas
that are ballast mounted and also painted to match the roof area,
shall be considered stealth technology uses. The related unmanned
equipment structure shall be in a building consistent in style with
adjacent buildings, and shall be located in accordance with the minimum
accessory structure bulk requirements of the zoning district in which
located. Cable to the tower should be installed underground. Trailers
are not permitted. The equipment cabinet or structure used in association
with antennas mounted on structures or rooftops shall comply with
the following:
(1)
The building or structure shall be located, designed and screened
to blend with the existing natural or building surroundings so as
to minimize visual impacts through the use of stealth technology.
(2)
The building or structure shall not contain more than 1,600
square feet of gross floor area. It shall be situated behind existing
structures, buildings or terrain features which will shield the wireless
telecommunications equipment compound from views from off-tract properties.
When a location out of the view from off-tract properties is not possible,
appropriate foundation planting shall be provided outside the wireless
telecommunications equipment building. In locations where the visual
impact of the tower would be minimal, the landscaping requirement
may be reduced or waived by the approving authority if the goals of
this section would be better served thereby. Existing mature tree
growth and natural land forms on the site shall be preserved to the
maximum extent possible. In some cases, such as towers sited on large,
wooded lots, natural growth around the property perimeter may be sufficient
buffer. An individual wireless carrier shall not occupy more than
400 square feet of the equipment building. All equipment compounds
shall be fenced.
(3)
The wireless telecommunications equipment building shall not
exceed 10 feet for flat roofs or 15 feet for pitched roofs, which
shall have a minimum vertical rise of six inches for every 12 inches
of horizontal run, and the building must blend architecturally with
any existing building on the property. Pitched roofs shall be permitted
only where the applicant is proposing a structure designed to blend
with the local architectural context (such as rural or agriculture
style).
(4)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
(5)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
A.
The Township Engineer shall maintain an inventory of existing PWTF
and PWTEF locations within or near the Township of Montville.
B.
An applicant proposing a PWTF/PWTEF at a new location shall demonstrate
that it made its best business efforts to find a co-location site
acceptable to Township engineering standards and that none was available,
or practicable or economically feasible.
C.
An applicant proposing a PWTF/PWTEF at a new location, who has demonstrated its inability to co-locate pursuant to Subsection B herein, shall provide a letter of intent, in a form to be reviewed and approved by the Township Planning Board Attorney or Zoning Board of Adjustment Attorney, as applicable, which warrants and represents that the applicant shall share the use of its PWTFs/PWTEFs with any other approved cellular communication services providers at fair market value. Such co-location requirement shall be a material condition of approval.
D.
Each application for a PWTF/PWTEF shall be accompanied by a plan
which shall reference all existing PWTF/PWTEF locations in the applicant's
Township of Montville inventory, any such facilities in the abutting
towns which provide service to areas within the Township of Montville
and any anticipated changes proposed within the following twelve-month
period, including plans for new locations and the discontinuance or
relocation of existing facilities.
E.
Each application shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the providers' service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(1)
How the proposed location of the PWTF/PWTEF relates to the objective
of providing full wireless communication services within the Township
of Montville at the time full service is provided by the applicant
throughout the Township of Montville;
(2)
How the proposed location of the proposed PWTF/PWTEF relates
to the location of any existing antennas within and near the Township
of Montville;
(3)
How the proposed location of the proposed PWTF/PWTEF relates
to the anticipated need for additional antennas within and near the
Township of Montville by the applicant and by other providers of wireless
communication services within the Township of Montville;
(4)
How the proposed location of the proposed PWTF/PWTEF relates
to the objective of co-locating the antennas of many different providers
of wireless communication services on the same PWTF; and
(5)
How its plan specifically relates to and is coordinated with
the needs of all other providers of wireless communication services
within the Township of Montville.
F.
The Planning Board, or Board of Adjustment, may retain technical
consultants as it deems necessary to provide assistance in the review
of the site location alternatives analysis. The applicant and/or service
provider shall bear the reasonable cost associated with such consultation,
which cost shall be deposited in accordance with the Township of Montville's
escrow provisions.
The Township has allowed for the erection of antennas and appurtenances
upon preexisting structures and for the construction of PWTFs and
PWTEFs in priority locations as follows:
A.
Permitted uses.
(1)
PWTFs and PWTEFs are permitted uses if they co-locate and install
antennas and appurtenances upon the following existing structures:
(2)
Any wireless communications provider wishing to install antennas
and appurtenances as permitted uses shall be required to obtain site
plan approval from the Planning Board of the Township of Montville.
A.
In addition to the general standards and requirements pursuant to
this chapter, for the construction of wireless telecommunications
antennas or towers when a use variance is sought, the approving authority
shall consider all of the following factors:
(1)
Height of the proposed antenna or tower.
(2)
Proximity of the antenna or tower to residential structures
and residential district boundaries.
(3)
Nature of uses on adjacent and nearby properties.
(4)
Surrounding topography.
(5)
Surrounding tree coverage and foliage.
(6)
Design of the antenna or tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(7)
Proposed ingress and egress on the property.
(8)
Availability of suitable existing towers, other structures or
alternative technologies, within the applicant's control and use,
not requiring the use of towers or structures.
(9)
Availability of proposed tower to other potential users.
(10)
Whether the proposed site is particularly suited for the proposed
antenna or tower.
(11)
Number of residential properties impacted by the proposed antenna
or tower.
(12)
Impact on the surrounding residential real estate values.
B.
An applicant desiring to construct a wireless telecommunications
antenna or tower that requires a use variance shall provide a sufficient
showing to the satisfaction of the approving authority that it meets
the following specific conditions:
(1)
Need. Present documented evidence regarding the need for wireless
telecommunications antennas at the proposed location. This information
shall identify the wireless network layout and coverage areas to demonstrate
the need for new equipment at a specific location within the Township.
(2)
Co-location. Provide documentary evidence that a good faith
and thorough attempt has been made to co-locate the new antennas on
existing buildings, structures, or towers that have existing wireless
telecommunications antenna [sharing the location with an existing
antenna(s)] within the applicant's coverage area. Efforts to secure
authority to co-locate on such locations shall be documented through
correspondence by or between the wireless telecommunications provider
and the property owner of the existing building, structure, or tower.
This requirement includes co-location on buildings, structures and
towers currently being developed.
(3)
Comply with the Township standard that no wireless telecommunications
towers shall be permitted which would require lighting affixed thereto
under FCC, FAA or any other governmental agency regulations or requirements.
C.
Proofs under state law for use variances.
(1)
Before any new wireless telecommunications antenna or tower
that is not a permitted use is approved within the Township of Montville,
the applicant must provide expert proof, to the satisfaction of the
approving authority, of at least the following:
(a)
That the proposed antenna or tower will fill a coverage gap
in the least intrusive manner;
(b)
That the applicant has made good faith and thorough efforts
to investigate reasonable designs within the applicant's control and
use, and alternate sites which may be less intrusive in the community;
(c)
That the proposed site and facility is particularly suited and
is needed for telecommunications services; and
(d)
That the existence of any coverage gap has been demonstrated
by drive test data or propagation maps, or both.
(2)
A crane test may be required by the approving authority to provide
the public and the approving authority with the opportunity to view
and judge the impact of the proposed tower.
D.
Availability of suitable existing towers, other structures or alternative
technology. No new tower shall be approved unless the applicant demonstrates,
through credible expert testimony, to the reasonable satisfaction
of the approving authority, that no existing tower structure can accommodate
the applicant's proposed antenna. To the extent possible, an applicant
shall submit information requested by the approving authority related
to the availability of suitable existing towers, stealth tower structures,
or other available structures. These requirements shall include towers
or structures currently being developed and those subject to pending
applications before the Township approving authorities. Evidence submitted
to demonstrate that no existing tower structure, within the applicant's
control and use, can accommodate the applicant's proposed antenna
must consist of the following:
(1)
Documentation regarding the block and lot of any parcel for
which the wireless provider has attempted to secure a lease or purchase
agreement, including copies of such agreements and all correspondence
by or between the wireless provider and the property owner.
(2)
That no existing towers or structures are located within the
RF propagation area which meet the applicant's engineering requirements.
(3)
That existing towers or structures are not of sufficient height
to meet the applicant's engineering requirements.
(4)
That existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
(5)
That the applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(6)
That the applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
(7)
That the applicant demonstrates efforts to site new wireless
antennas, equipment or towers within the applicant's search area according
to the priority schedule below. Regardless of the type and number
of variances which may be required for a particular application, stealth
towers, co-location with other antennas and siting upon preexisting
structures is given priority. When considering sites according to
this schedule, the applicant must demonstrate that it has conducted
a good faith effort to seek alternative sites that are available in
the preceding priority categories in order to qualify for location
in a subsequent priority category. The applicant must demonstrate
that less intrusive alternative sites are not available as well with
regard to the requested category.
(8)
New antennas in existing structures designed to blend in with
the surrounding property characteristics and to conceal view of the
antennas and associated equipment from adjacent streets or rights-of-way,
shall not require site plan approval. Such antennas and associated
equipment shall only require the applicable Uniform Construction Code
permits.
E.
Bulk requirements. No variance shall be granted for a new antenna
or tower, or modification to an existing antenna or tower, unless
the applicant shall satisfy the specific design standards enumerated
below, in addition to other standards that may be required pursuant
to the applicable zoning district, Construction Code, and other applicable
federal, state or municipal regulations:
(1)
(2)
Setbacks. The following setback requirements shall apply to
all towers for which a variance is required:
(a)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line and all nonappurtenant
buildings to ensure public safety in the event of a collapse or fall
of the tower, provided that distance is no closer than the building
setback applicable to the zoning district.
(b)
Accessory buildings must satisfy the minimum zoning district
setback requirements.
(c)
No tower shall exist within required buffer or conservation
easement areas.
(3)
Separation distance from tower to tower. No tower shall be within
1,500 feet of another tower. Tower separation shall be measured from
the base of the tower to the base of the other tower.
(4)
Access to tower site. The following requirement shall govern
access to towers: The access road to the tower must be curved to minimize
the view of the tower building and equipment from the public right-of-way
and no new road cuts are allowed if there is existing road or driveway
access. No portion of the tower road or driveway access should be
allowed in the required front or side yard in any zone district.
(5)
In addition to the above conditions, an applicant must satisfy
all other conditions for site plan approval set forth in this chapter.
A.
Except as set forth in § 230-231D(8), no wireless telecommunications antenna or tower shall be constructed or erected unless site plan approval and any and all applicable variances are obtained from the appropriate Township approving authority. The following provisions shall apply to applications for such approval:
(1)
Applications for site plans, along with any required variances under this subsection, shall be subject to the procedures and requirements of Chapter 230, except as modified in this subsection.
(2)
In granting site plan approval or a variance, the approving
authority may impose conditions to the extent the approving authority
concludes such conditions are necessary to minimize any adverse effect
of the proposed antenna or tower on adjoining properties.
(3)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical or electrical, shall be certified
by a licensed professional engineer of the State of New Jersey, if
a licensing requirement for that professional exists in New Jersey.
(4)
An applicant for site plan approval or a variance shall submit
the information described in this subsection and a nonrefundable application
fee and an escrow deposit as established by the Township Committee
of the Township of Montville. The application fee and escrows shall
be paid as required herein.
(5)
Any tower must be designed and constructed so as to accommodate
at least four antenna arrays of separate wireless telecommunications
providers. The approving authority may require that the tower be designed
and constructed so as to accommodate up to four antenna arrays of
separate wireless telecommunications providers where such accommodation
is technically feasible.
B.
In addition to any and all information required for applications for site plan approval or a variance pursuant to this chapter, applicants for approval for the construction or installation of wireless telecommunications antennas and towers shall submit all of the items identified on the application checklist found at the end of this chapter, along with the following information before the application is certified as complete. Applications for site plan approvals involving co-location on existing towers or antennas on existing roofs or structures are directed to consider pursuant to § 230-237 any appropriate requests for waivers.
(1)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities),
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structures,
topography, parking, and other information as required by this or
other Township ordinances, or as required by the Township or Board
Engineer, to enable comprehensive review of the application.
(2)
Survey of the property, including a letter of interpretation
("LOI") from the New Jersey Department of Environmental Protection,
signed and sealed by a land surveyor licensed in the State of New
Jersey, dated no earlier than 12 months prior to the date of the application.
A LOI is not required for co-location on existing towers or antennas
on existing roofs or structures.
(3)
The separation distance between the proposed tower and the nearest
residential unit and/or residentially zoned property.
(4)
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to this subsection shall be shown
on an updated site plan or map certified by a licensed engineer or
licensed land surveyor. The applicant shall also identify the type
of construction of the existing tower(s) and the owner/operator of
the existing tower(s).
(5)
A landscape plan showing specific landscape materials and precise
locations of proposed landscaping improvements, including, but not
limited to, species type, size, spacing, other landscape features,
and existing vegetation to be retained, removed or replaced, certified
by a licensed engineer or certified landscape architect.
(6)
An environmental impact statement in accordance with Chapter 160 of the Township of Montville Code, except not required for co-location on existing towers or antennas on existing roofs or structures.
(7)
A plan evidencing the development's compliance with the visual compatibility requirements of § 230-228, including, but not limited to, the architecture, aesthetics, color, camouflage, landscaping and fencing.
(8)
A written report of the suitability or nonsuitability of the
use of existing towers, other structures, or services to be provided
through the use of the proposed new antenna or tower, except not required
for co-location on existing towers or antennas on existing roofs or
structures.
(9)
A written report of the feasible location(s) of future towers
or antennas, which may be erected by the applicant, within the Township,
based upon existing physical engineering, technological or geographical
limitations in the event that the proposed antenna or tower is erected.
(10)
A visual study, including photographic or topographic plans,
identifying a line of sight analysis detailing the view of the proposed
antenna or tower from at least two directions and angles from adjacent
areas within a radius of 750 feet of the proposed antenna or tower.
The analysis shall be utilized to determine buffer requirements.
(11)
Documentary and expert evidence regarding the need for the tower,
which information shall identify the existing wireless network layout
and existing coverage areas to demonstrate the need for the facility
at a particular location within the Township. The evidence shall include
a report of the radio frequency engineering analysis of the search
area for the tower.
(12)
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 Building
Officials and Code Administrators (BOCA) International, Inc., Code,
including a description of the number and type of antennas it is designed
to accommodate.
(13)
A statement by the applicant demonstrating that construction
of the tower will accommodate co-location of additional antennas for
future users. If so, a letter of commitment by the applicant to lease
excess space on the tower to other potential users at prevailing market
rates and conditions. The letter of commitment shall be recorded prior
to issuance of a building permit. The letter shall commit the tower
owner and successors in interest.
(14)
Elevations of all existing and proposed structures, generally
depicting all existing and proposed antennas, towers, platforms, finish
materials, and all other accessory equipment.
(15)
A copy of the lease (with confidential or proprietary information
redacted) or deed for the property.
(16)
Inventory of existing sites. Each applicant shall provide to
the approving authority an inventory of its existing towers and antennas,
or sites approved for towers or antennas, that are either within the
jurisdiction of the Township of Montville or within three miles of
the proposed tower site, whichever is more extensive, including specific
information about the location, height and design of each tower. The
approving authority may share such information with other applicants
applying for administrative approvals or permits under this section
or other organizations seeking to locate antennas within the jurisdiction
of the Township of Montville; provided, however, that the approving
authority is not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
(17)
Identification of the entities providing the backhaul network
for the antenna and/or tower described in the application and other
cellular sites owned or operated by the applicant in the municipality.
(18)
Documentation of the results of any crane test undertaken for
the proposed tower, including a line-of-sight survey and photographic
resulting of the crane test with regard to the potential visual and
aesthetic impacts of the proposed tower. Such documentation must establish
the zone of visibility of the proposed tower.
(19)
Photosimulations of the proposed tower, which shall include
at least one photosimulation from at least four angles of view of
the tower (from the north, east, south and west), taken from ground
level from 330 feet to 750 feet from the tower. Photosimulations presented
to the approving authority shall be in color and a minimum of eight
inches by 11 inches in size.
(20)
A certified load analysis report for the building, structure,
existing or proposed tower, indicating its ability to support possible
future co-located antennas.
Whenever wireless telecommunications antennas or towers are
modified, operators of wireless telecommunications facilities shall
provide to Montville Township a report from a qualified expert certifying
that the wireless telecommunications tower or building or other support
structure as modified complies with the latest structural and wind
loading requirements as set forth in the Uniform Construction Code.
A.
Operators of wireless telecommunications facilities shall notify
the Township when the use of such antenna and equipment is discontinued.
B.
Any antenna or tower that is not operated for a continuous period
of 18 months shall be considered abandoned, and the owner of such
antenna or tower shall remove same within 90 days of such discontinued
use or abandonment.
C.
If there are two or more users of a single tower, then this subsection
shall not become effective until all users cease utilizing the tower.
D.
The Township shall condition the issuance of any permit to construct
a tower or antenna on the recording by the applicant of a deed to
itself with the memorializing resolution of approval annexed as a
schedule thereto.
E.
Upon removal of the wireless telecommunications facilities, the site
shall be cleared, restored, and revegetated to blend with the existing
surrounding vegetation at the time of abandonment.
Nonconforming antennas or towers that are damaged or destroyed
may not be rebuilt without having to first obtain approval from the
approving authority and without having to meet the separation requirements
specified in this section. The type, height and location of the tower
on site shall be of the same type and intensity as the original facility
approval. Building permits to rebuild the facility shall comply with
the then applicable building codes and shall be obtained within 180
days from the date the facility is damaged or destroyed. If no permit
is obtained or if said permit expires, the tower or antenna shall
be deemed abandoned.
Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in Chapter 169, Fee Schedule. The applicant will deposit in an escrow account with the Township the fees that the approving authority requires to review and advise on the application, including, but not limited to, expert witnesses such as engineers, planners, appraisers, and radio frequency professionals. The approving authority shall contract and hire an attorney, engineer, planner, appraiser and radio frequency professional with expertise in the field of wireless telecommunications to review and advise on each application subject to this section.
Pursuant to N.J.S.A. 40:55D-10.3, an applicant may request that
one or more submission requirements be waived, in which event the
Board shall grant or deny the request within 45 days. Waiver requests
for co-location and antennas on existing roofs and structures will
be subject to liberal consideration.
