General intent. The intention of this article is to provide procedures for filing, review, hearing, and decision of applications involving wireless telecommunications facilities, as defined in § 170-7C, that conform with applicable federal laws and regulations.
Fee. The application fee for an eligible facilities request involving no substantial change is specified in § 90-1. The fee must be paid to the Zoning Officer when the application is filed.
Application. An application for an eligible facilities request involving no substantial change must include a completed zoning permit application, a plan drawn by an engineer or architect depicting the existing tower or base station and all proposed facilities and modifications, and other documentation as necessary to demonstrate that the request qualifies as an "eligible facilities request" and involves "no substantial change" as defined in this Chapter 170.
Filing. Applications for eligible facilities requests involving no
substantial change must be filed with the Zoning Officer in paper
format via mail, overnight delivery, or hand delivery, and also in
electronic (.pdf or .doc) format via e-mail, and copied simultaneously
to the Planning Board Engineer, Planning Board Planner, and Planning
Board Solicitor in both formats.
Prior municipal approvals. Applications for eligible facilities requests
involving no substantial change must confirm, to the Zoning Officer's
satisfaction, that the existing tower or base station, and all existing
wireless telecommunication facilities located thereon, have been previously
granted all necessary municipal land use and development approvals.
Owners' consent. Applications for eligible facilities requests involving
no substantial change must confirm, to the Zoning Officer's satisfaction,
that the owner of the subject property, whether or not within a public
right-of-way, and the owner of the subject tower or base station have
given prior written consent to the proposed facilities and modifications.
Federal laws. When reviewing an eligible facilities request involving
no substantial change, the Planning Board Solicitor should be familiar
with 47 U.S.C. § 332(c)(7) of the Communications Act of
1996; 47 U.S.C. § 1455 of the Spectrum Act; Federal Communications
Commission Declaratory Ruling under WT Docket No. 08-165, adopted
November 18, 2009; Federal Communications Commission Report and Order
under WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59, adopted
October 17, 2014; and any subsequent applicable statutory or regulatory
enactments; agency rulings or reports; and court opinions.
Request for additional information. If, based on his or her review
of the application in consultation with the Planning Board Engineer,
Planning Board Planner, and Planning Board Solicitor, the Zoning Officer
concludes that additional information is needed to determine whether
the application can be approved, the Zoning Officer may request such
additional information from the applicant, but the applicant is not
required to provide it.
Interim denial pending further review. If the Zoning Officer is unable to reach a decision, per Subsection J below, within 10 business days following the date the application was initially received by the Zoning Officer, the Zoning Officer must, within the ten-business-day period, issue a written notice of denial specifying that "the application is denied for purposes of N.J.S.A. 40:55D-18 pending further review and final decision pursuant to Quinton Township Code § 170-176."
If, based on his or her review of the application, and the advice
and recommendations received from the Planning Board Engineer, Planning
Board Planner, and Planning Board Solicitor, the Zoning Officer concludes
that the application proposes an eligible facilities request that
meets the permitted use requirements of the applicable zoning district,
the Zoning Officer must approve the application.
If, based on his or her review of the application, and the advice
and recommendations received from the Planning Board Engineer, Planning
Board Planner, and Planning Board Solicitor, the Zoning Officer concludes
that the application proposes an eligible facilities request that
does not meet the permitted use requirements of the applicable zoning
district, or that the applicant has submitted insufficient information
to demonstrate whether the request meets the permitted use requirements
of the applicable zoning district, the Zoning Officer must deny the
application.
Deadline for final decision. The Zoning Officer must issue a written
final decision on the application no less than 60 days following the
date the application was initially received by the Zoning Officer.
The decision may be issued via mail, e-mail, overnignt delivery, or
hand-delivery. The deadline for decision may be tolled or waived only
upon the applicant's written consent; and once given, such consent
may be withdrawn by the applicant at any time upon written notice
to the Zoning Officer, provided that any such withdrawal, if given
less than 10 days prior to the deadline expiration date, must allow
the Zoning Officer at least 10 days to decide the application following
the Zoning Officer's receipt of the consent withdrawal. Failure to
decide the application within the sixty-day decision deadline or any
extension thereof will constitute an automatic approval of the application
as filed.
Form of final decision. The Zoning Officer must memorialize his or
her final decision by written approval or denial of the zoning permit
application. The approval or denial must include a list of the plans
and documents that comprised the application, with references to the
dates, titles, and other descriptive features of those plans and documents.
Fees and review escrow deposits. Applicants for eligible facilities
requests that involve substantial change must pay fees and review
escrow deposits applicable for site plan review or waiver and all
requested variances (and subdivision, if applicable), as well as the
application fee and initial review escrow deposit specified for "eligible
facilities request with substantial change." All fees and review escrow
deposits must be paid to the Planning Board Secretary when the application
is filed.
Application. An application for an eligible facilities request involving substantial change must include all completed application forms for site plan review or waiver and all requested variances (and subdivision, if applicable) and may also include any other documentation the applicant believes is necessary to demonstrate that the request qualifies as an "eligible facilities request" as defined in this Chapter 170.
Filing. Applications for eligible facilities requests involving substantial
change must be filed with the Planning Board according to the Planning
Board's requirements for all development applications involving site
plan review or waiver and variances (and subdivision, if applicable).
Federal laws. When reviewing an eligible facilities request involving
substantial change, the Planning Board Solicitor should be familiar
with 47 U.S.C. § 332(c)(7) of the Communications Act of
1996; 47 U.S.C. § 1455 of the Spectrum Act; Federal Communications
Commission Declaratory Ruling under WT Docket No. 08-165, adopted
November 18, 2009; Federal Communications Commission Report and Order
under WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59, adopted
October 17, 2014; and any subsequent applicable statutory or regulatory
enactments; agency rulings or reports; and court opinions.
Completeness review and deadline. Completeness review of applications
for eligible facilities requests involving substantial change will
be conducted by the Planning Board Solicitor in consultation with
the Planning Board Engineer, the Planning Board Planner, and the Planning
Board Secretary. The deadline for completeness review, which is based
on federal laws and regulations rather than the New Jersey Municipal
Land Use Law, is 30 days. If the Planning Board Solicitor notifies
the applicant of completeness deficiencies in writing within the thirty-day
period, the deadline is tolled, but not reset. Subsequent incompleteness
determinations must be issued in writing within 10 days following
any subsequent submission. Unless certified complete or incomplete
by the Planning Board Solicitor within the thirty-day period from
filing (or within the ten-day period from a subsequent submission),
the application will be deemed complete upon expiration of the thirty-day
period from filing (or upon expiration of the ten-day period from
subsequent submission). The completeness deadline may be tolled or
waived only upon the applicant's written consent; and once given,
such consent may be withdrawn at any time by the applicant upon written
notice to the Planning Board Solicitor.
Scheduling of hearing. Immediately following a certification or "deeming"
of completeness of an eligible facilities request involving substantial
change, the Planning Board Solicitor must confer with the applicant's
attorney or other authorized representative and the Planning Board
Secretary to schedule the application hearing for a mutually acceptable
hearing date, provided that the hearing date must be no later than
90 days following the application's initial filing date. Notice of
the hearing must be mailed and published by the applicant as required
by the New Jersey Municipal Land Use Law.[1]
Deadline for decision. The Planning Board must render its decision
on an eligible facilities request involving substantial change no
later than 90 days following the application's initial filing date.
If the Planning Board believes that the applicant has provided insufficient
information for approval of the application, and if the applicant
will not provide the additional information and/or extend the ninety-day
decision deadline as necessary for the Planning Board to continue
its review, the Planning Board must deny the application within the
ninety-day decision deadline. The deadline for decision may be tolled
or waived only upon the applicant's written consent; and once given,
such consent may be withdrawn by the applicant at any time upon written
notice to the Planning Board Solicitor, provided that any such withdrawal,
if given less than 35 days prior to the decision deadline, must grant
an extension of the decision deadline as necessary to allow the Planning
Board to schedule the hearing for the next regular Planning Board
meeting, with adequate time for the applicant to mail and publish
notice as required by the New Jersey Municipal Land Use Law. Failure
to decide the application within the decision deadline or any extension
thereof will constitute an automatic approval of the application as
filed.
Form of decision. The Planning Board must memorialize the decision
by written resolution as required by, and within the time period specified
by, N.J.S.A. 40:55D-10g.
Reviewing authority. The Quinton Township Planning Board is the reviewing authority for all applications for the construction or installation of wireless telecommunications facilities, as defined in § 170-7C, that are not eligible facilities requests, including any request for modification of an unlawfully existing wireless telecommunications tower or unlawfully existing base station or the wireless telecommunications facilities located thereon, or any request for installation of a wireless telecommunications facility at a "proposed base station," as defined in § 170-7C. For purposes of this § 170-178, such applications will be referred to generally as "wireless telecommunications facility siting applications."
Fees and review escrow deposits. Applicants for wireless telecommunications
facility siting applications must pay fees and review escrow deposits
applicable for site plan review or waiver and all requested variances
(and subdivision, if applicable), as well as the fee and initial review
escrow deposit specified for a "wireless telecommunications facility
siting application." All fees and review escrow deposits must be paid
to the Planning Board Secretary when the application is filed.
Application. A wireless telecommunications facility siting application
must include all completed application forms for site plan review
or waiver and all requested variances (and subdivision, if applicable).
Filing. Wireless telecommunications facility siting applications
must be filed with the Planning Board according to the Planning Board's
requirements for all development applications involving site plan
review or waiver and variances (and subdivision, if applicable).
Federal laws. When reviewing a wireless telecommunications facility
siting application, the Planning Board Solicitor should be familiar
with 47 U.S.C. § 332(c)(7) of the Communications Act of
1996; 47 U.S.C. § 1455 of the Spectrum Act; Federal Communications
Commission Declaratory Ruling under WT Docket No. 08-165, adopted
November 18, 2009; Federal Communications Commission Report and Order
under WT Docket Nos. 13-238 and 13-32, and WC Docket No. 11-59, adopted
October 17, 2014; and any subsequent applicable statutory or regulatory
enactments; agency rulings or reports; and court opinions.
Completeness review and deadline. Completeness review of applications
for wireless telecommunications facilities siting will be conducted
by the Planning Board Solicitor in consultation with the Planning
Board Engineer, the Planning Board Planner, and the Planning Board
Secretary. The deadline for completeness review, which is based on
federal laws and regulations rather than the New Jersey Municipal
Land Use Law, is 30 days. If the Planning Board Solicitor notifies
the applicant of completeness deficiencies in writing within the thirty-day
period, the deadline is tolled, but not reset. Subsequent incompleteness
determinations must be issued in writing within 10 days following
any subsequent submission. Unless certified complete or incomplete
by the Planning Board Solicitor within the thirty-day period from
filing (or within the ten-day period from a subsequent submission),
the application will be deemed complete upon expiration of the thirty-day
period from filing (or upon expiration of the ten-day period from
subsequent submission). The completeness deadline may be tolled or
waived only upon the applicant's written consent; and once given,
such consent may be withdrawn at any time by the applicant upon written
notice to the Planning Board Solicitor.
Scheduling of hearing. Immediately following a certification or "deeming"
of completeness of a wireless telecommunications facility siting application,
the Planning Board Solicitor must confer with the applicant's attorney
or other authorized representative and the Planning Board Secretary
to schedule the application hearing for a mutually acceptable hearing
date, provided that the hearing date must be no later than 150 days
following the application's initial filing date, or no later than
120 days following a certification or "deeming" of completeness pursuant
to N.J.S.A. 40:55D-10.3, whichever is earlier. Notice of the hearing
must be mailed and published by the applicant as required by the New
Jersey Municipal Land Use Law.
Deadline for decision. The Planning Board must render its decision
on a wireless telecommunications facility siting application no later
than 150 days following the application's initial filing date, or
no later than 120 days following a certification or "deeming" of completeness
pursuant to N.J.S.A. 40:55D-10.3, whichever is earlier. If the Planning
Board believes that the applicant has provided insufficient information
for approval of the application, and if the applicant will not provide
the additional information and/or extend the 150- or 120-day decision
deadline as necessary for the Planning Board to continue its review,
the Planning Board must deny the application within the 150- or 120-day
decision deadline. The deadline for decision may be tolled or waived
only upon the applicant's written consent; and once given, such consent
may be withdrawn by the applicant at any time upon written notice
to the Planning Board Solicitor, provided that any such withdrawal,
if given less than 35 days prior to the decision deadline, must grant
an extension of the decision deadline as necessary to allow the Planning
Board to schedule the hearing for the next regular Planning Board
meeting, with adequate time for the applicant to mail and publish
notice as required by the New Jersey Municipal Land Use Law. Failure
to decide the application within the decision deadline or any extension
thereof will constitute an automatic approval of the application as
filed.
Form of decision. The Planning Board must memorialize the decision
by written resolution as required by, and within the time period specified
by, N.J.S.A. 40:55D-10g.