No development shall take place within the Township, nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise, be constructed, installed or enlarged, nor shall any building permit, zoning permit, certificate of occupancy or other required permit be issued with respect to any such structure, land or parking area, except in accordance with an approval of such development granted pursuant to this chapter unless exempted in accordance with § 115-99.
A.
Single-family and two-family residential structures
and structures and uses incidental thereto permitted as of right under
applicable zoning regulations are exempt from the site plan requirements.
B.
The following additional developments are also exempt
from the requirements:
(1)
The construction of a parking area for less than five
vehicles.
(2)
Any structure or use for which a site plan review
application was made to the Planning Board prior to the effective
date of this chapter and that it is developed in accordance with an
approval of such application heretofore or hereafter given by the
Planning Board pursuant to prior ordinances and regulations.
(3)
Uses A-6, Agricultural Sales/Farm Stands, and A-7,
Christmas Tree Raising and Sales, provided that all of the use requirements
are met.
[Added 8-10-2005 by Amendment 24]
C.
Wireless telecommunications co-location site plan waiver.
[Added 7-8-2015 by Ord.
No. 2015-02]
(1)
M.L.U.L. wireless communications equipment co-location pursuant to
N.J.S.A. 40:55D-46.2.
(a)
An application for development to collocate wireless communications
equipment on a wireless communications support structure and/or in
an existing equipment compound in accordance with N.J.S.A. 40:55D-46.2
shall not be subject to site plan review in accordance with the following
provisions:
[1]
The wireless communications support structure shall have been
previously granted all necessary approvals by the appropriate approving
authority;
[2]
The proposed co-location shall not increase:
[a]
The overall height of the wireless communications
support structure by more than 10% of the original height of the wireless
communications support structure;
[b]
The width of the wireless communications support
structure; or
[c]
The square footage of the existing equipment compound
to an area greater than 2,500 square feet;
[3]
The proposed co-location complies with the final approval of
the wireless communications support structure and all conditions attached
thereto, and does not create a condition for which variance relief
would be required pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.), or any other applicable law, rule or regulation.
(b)
COLLOCATE
EQUIPMENT COMPOUND
WIRELESS COMMUNICATIONS EQUIPMENT
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
For purposes of Subsection C(1), the following definitions apply:
To place or install wireless communications equipment on
a wireless communications support structure.
An area surrounding or adjacent to the base of a wireless
communications support structure within which is located wireless
communications equipment.
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cabling, and coaxial
and fiber optic cable, but excluding wireless communications support
structures.
A structure that is designed to support, or is capable of
supporting, wireless communications equipment, including a monopole,
self-supporting lattice tower, guyed tower, water tower, utility pole,
or building.
(c)
Submission requirements:
[1]
An applicant, pursuant to N.J.S.A. 40:55D-46.2, shall submit an application, plans and documents for a proposed wireless communications equipment co-location and site plan exemption identifying existing equipment compound, wireless communications equipment, wireless communications support structure at the site and the proposed co-location installation, modifications with all equipment and components to the Alexandria Township Zoning Officer for review and confirmation that the proposed co-location conforms to the requirements of § 115-99C(1)(a)[1] through [3].
[2]
Application fee: The applicant shall submit an application fee pursuant to § 115-71C(18).
[3]
Escrow fee: The applicant shall establish an escrow account and deposit the required fee pursuant to § 115-71E(10).
[4]
Copies of all Alexandria Township approvals granted for the
existing tower, structure(s), antennas, compound, equipment cabinets,
landscaping, utilities, etc., shall be submitted to the Zoning Officer.
[5]
Plans and specifications identifying existing equipment compound, wireless communications equipment, wireless communications support structure and proposed co-location wireless communications equipment and improvements at the co-location wireless communications facility shall be submitted to the Zoning Officer. Plans and specifications shall identify the owner/operator/responsible party for each wireless communications installation on site, including equipment compound, wireless communications equipment, wireless communications support structure, etc. The plans and specifications shall be fully dimensioned and appropriately scaled for the Zoning Officer to confirm existing and proposed equipment compound, wireless communications equipment, wireless communications support structure and compliance with each of the provisions of § 115-99C(1)(a)[1] through [3] and N.J.S.A. 40:55D-46.2.
(d)
Application review.
[1]
Within 10 days of receipt of an application for a proposed wireless communications equipment co-location and site plan exemption, the Zoning Officer shall review the application and verify whether the proposed co-location application and submission documents are complete. The Zoning Officer shall inspect the proposed co-location wireless communications facility and verify the accuracy of plans and documents submitted and that the proposed co-location conforms to the requirements of § 115-99C(1)(a) above. The Zoning Officer may consult with the Township or Board Engineer, Planner and attorney in the review of the application and submission documents and conduct of inspections. All costs associated with application review shall be paid by the applicant in accordance with N.J.S.A. 40:55D-53.2.
[2]
Upon finding that required plans and documents have been submitted and that the improvements at the proposed co-location wireless communications facility are completely and accurately detailed in the submission, and that the proposed wireless communications equipment co-location conforms to each of the requirements of § 115-99C(1)(a)[1] through [3] and N.J.S.A. 40:55D-46.2, the Zoning Officer shall issue a zoning permit and a letter to the applicant indicating that the proposed wireless communications equipment co-location and site plan exemption has been approved pursuant to N.J.S.A. 40:55D-46.2.
[3]
A copy of a zoning permit and letter approving a wireless communications
equipment co-location shall be provided to the Township Committee,
Planning Board, and Zoning Board of Adjustment.
[4]
The provision of this section may not be combined with the provision of § 115-99C(2) to determine the eligibility of a proposed co-location installation under the provisions of this section and M.L.U.L., N.J.S.A. 40:55D-46.2.
(2)
Existing tower or base station modification/eligible facilities request
site plan waiver pursuant to § 6409 of the Spectrum Act
(codified at 47 U.S.C. § 1455) and FCC Rule § 1.40001.
(a)
An eligible facilities request for a modification to an existing
tower or base station pursuant to § 6409 of the Spectrum
Act (codified at 47 U.S.C. § 1455) and FCC Rule § 1.40001
shall not be subject to site plan review in accordance with the following
provisions:
(b)
BASE STATION
[1]
[2]
[3]
[4]
CO-LOCATION
ELIGIBLE FACILITIES REQUEST
ELIGIBLE SUPPORT STRUCTURE
EXISTING
SITE
SUBSTANTIAL CHANGE
[1]
[2]
[3]
[4]
[5]
[6]
TOWER
TRANSMISSION EQUIPMENT
For purposes of Subsection C(2), the following definitions apply:
A structure or equipment at a fixed location that enables
Commission-licensed or authorized wireless communications between
user equipment and a communications network. The term does not encompass
a tower, as defined in this subsection, or any equipment associated
with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at
the time the relevant application is filed with the state or local
government under this section, supports or houses equipment described
in Subsection C(2)(b)[1] through [2] of this section that has been
reviewed and approved under the applicable zoning process, or under
another state or local regulatory review process, even if the structure
was not built for the sole or primary purpose of providing such support.
The term does not include any structure that, at the time the
relevant application is filed with the state or local government under
this section, does not support or house equipment described in Subsection
C(2)(b)[1] through [2] of this section.
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving:
Any tower or base station as defined in this section, provided
that it is existing at the time the relevant application is filed
with the state or local government under this section.
A constructed tower or base station is existing, for purposes
of this section, if it has been reviewed and approved under the applicable
zoning process, or under another state or local regulatory review
process is existing for purposes of this definition.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and for other eligible support structures, further restricted
to that area in proximity to the structure and to other transmission
equipment already deployed on the ground.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater. Changes in height
shall be measured from the original support structure in cases where
deployments are or will be separated horizontally, such as on buildings'
rooftops; in other circumstances, changes in height shall be measured
from the dimensions of the tower or base station, inclusive of originally
approved appurtenances and any modifications that were approved prior
to the passage of the Spectrum Act;
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the local
approval of the construction or modification of the eligible support
structure or base station equipment; provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
§ 1.40001(b)(7)(i) through (iv).
Any structure built for the sole or primary purpose of supporting
any Federal Communications Commission-licensed or authorized antennas
and their associated facilities, including structures that are constructed
for wireless communications services, including, but not limited to,
private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as microwave backhaul,
and the associated site.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communication service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as microwave backhaul.
(c)
Review of applications. An eligible facilities request for modification
of an eligible support structure that does not substantially change
the physical dimensions of such structure shall be approved in accordance
with the following procedures.
[1]
Application and fees:
[a]
An applicant pursuant to FCC Rule § 1.40001 shall submit an application, plans and documents identifying all existing base station, support structure and transmission equipment and towers along with plans for an eligible facilities request to the Alexandria Township Zoning Officer for approval of an "eligible facilities request" that will not result in a "substantial change," pursuant to § 115-99C(2)(b) above.
[b]
Application fee: The applicant shall submit an application fee pursuant to § 115-71C(18).
[c]
Escrow fee: The applicant shall establish an escrow account and deposit the required fee pursuant to § 115-71F(10).
[2]
Documentation requirement for review. When an applicant asserts,
in writing, that a request for modification is covered by this subsection,
the applicant shall accompany its written request with the following
information:
[a]
Copies of all resolutions of approval and plans
approved by the municipality for all existing licensed and unlicensed
installation components identifying existing and approved dimensions
of base station, site, transmission equipment, and tower and/or eligible
support structure.
[b]
A plan, with sufficient graphics and detail depicting
the proposed eligible facilities request, including and showing proposed
dimensions for modifications to the base station, site (including
leased or owned property surrounding the tower and any access or utility
easements currently related to the site), transmission equipment and
tower and/or eligible support structure. The plan shall be keyed to
the statement provided pursuant to Subsection C(2)(c)[2][c] below
and shall include details and dimensions for all existing licensed
and unlicensed installation components pursuant to Subsection C(2)(c)[2][a]
above, and clearly distinguishing existing facilities from the eligible
facilities request. Ownership for all noneligible facilities request
components of the base station, site (including leased or owned property
surrounding the tower and any access or utility easements currently
related to the site), transmission equipment and tower and/or eligible
support structure shall be detailed on the plans and keyed to an analysis
of existing facilities provided pursuant to Subsection C(2)(c)[2][c]
below.
[c]
A statement documenting that the proposed eligible
facilities request is not a substantial change pursuant to the limitations
set forth in § 1.40001(b)(7) (see definition of "substantial
change" in definitions above), which shall be keyed to the plan provided
pursuant to Subsection C(2)(c)[2][b] above and which shall be sufficiently
detailed to demonstrate how each of the criterion set forth in § 1.40001(b)(7)
is satisfied so as not to constitute a substantial change. The statement
shall include an analysis that compares dimensions of existing facilities
to the proposed eligible facilities request, which shall identify
ownership of all approved existing facilities.
[d]
If the original approval and/or subsequent approvals
granted for the existing site and associated facilities thereon included
concealment elements, including base station structures, fencing,
landscaping, or conditions to mitigate visual impact analysis, the
applicant shall provide a plan identifying each component thereof
and a narrative description of how the approved concealment elements
shall not be defeated by the proposed eligible facilities request.
If any of the concealment provisions of prior approvals require maintenance
and/or replacement, the eligible facilities request shall include
a proposal setting forth proposed maintenance and/or replacement accordingly.
[e]
The application shall include a detailed list of
all conditions of approval for the original approval and/or subsequent
approvals granted for the existing site and associated facilities
thereon. The list shall be accompanied by a statement explaining how
the proposed eligible facilities request is consistent with each condition
of approval previously granted. The application for the proposed eligible
facilities request shall include a proposal to address each prior
condition of approval that reasonably applies to the application.
[3]
Timeframe for review. Within 60 days of the date on which an
applicant submits a request seeking approval under this section, the
state or local government shall approve the application unless it
determines that the application is not covered by this subsection.
[4]
Tolling of the timeframe for review. The sixty-day period begins
to run when the application is filed and may be tolled only by mutual
agreement or in cases where the reviewing state or local government
determines that the application is incomplete.
[a]
To toll the timeframe for incompleteness, the reviewing state or local government must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information. Such delineated information is limited to documents or information meeting the standard under Subsection C(2)(c)[2] of this section.
[b]
The timeframe for review begins running again when
the applicant makes a supplemental submission in response to the state
or local government's notice of incompleteness.
[c]
Following a supplemental submission, the state
or local government will have 10 days to notify the applicant that
the supplemental submission did not provide the information identified
in the original notice delineating missing information. The time frame
is tolled in the case of second or subsequent notices pursuant to
the procedures identified in this subsection. Second or subsequent
notices of incompleteness may not specify missing documents or information
that were not delineated in the original notice of incompleteness.
(3)
Failure to act. In the event the Zoning Officer fails to approve
or deny a request seeking approval under this section within the timeframe
for review (accounting for any tolling), the request shall be deemed
granted. The deemed grant does not become effective until the applicant
notifies the applicable reviewing authority in writing after the review
period has expired (accounting for any tolling) that the application
has been deemed granted.
(4)
Remedies. Applicants and reviewing authorities may bring claims related
to Section 6409(a) of the Spectrum Act (codified at 47 U.S.C. § 1455)
to any court of competent jurisdiction.
A.
The rules, regulations and standards set forth in
this chapter shall be considered the minimum requirements for the
protection of the health, safety and welfare of the citizens of the
Township.
B.
Any action taken by the Planning Board under the terms
of this chapter shall give primary consideration to such matters and
to the welfare of the entire community. However, if the applicant
can clearly demonstrate that, because of peculiar conditions pertaining
to his or her land, the literal enforcement of this chapter is impractical
or will exact undue hardship, the Planning Board may permit such variances
as may be reasonable, within the general purpose and intent of the
rules, regulations and standards established by this chapter.
The Planning Board or its designated subcommittee
or administrative officer may waive the requirements if the proposed
development:
A.
Secured previous site plan approval under the terms
of this chapter.
B.
Involves normal maintenance or replacement, such as
a new roof, painting, new siding or similar activity.
C.
Does not affect existing circulation, drainage, building
arrangements, landscaping, buffering, lighting and other considerations
of site plan review.
A.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins, parks or other public areas within the proposed development,
before approving a site plan, the Planning Board may further require
that such streets, ways, basins or areas be shown on the plan in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas,
shown on the plan for a period of one year after the approval of the
final plan or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the Township
shall have entered into a contract to purchase or instituted condemnation
proceedings according to law for the fee or lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plan and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to the streets and roads, flood control basins or public drainageways
necessitated by the land development and required for final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that the determination of such
fair market value shall include but not be limited to consideration
of the real property taxes apportioned to the land reserved and prorated
for the period of the reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining site plan approval
caused by the reservation.
