[Added 5-21-2019 by Ord.
No. 19-08]
The purpose of this article is to provide requirements for eligible
facilities requests for modifications to existing towers or base stations
that do not constitute a substantial change.
A.
Application. All applicants shall submit the information necessary for the Township to consider whether an application is an eligible facilities request, as set forth in § 296-158. The applicant will not be required to demonstrate a need or business case for the proposed modification.
B.
Type of review. Upon receipt
of an application for an eligible facilities request pursuant to this
article, the Township Engineer shall review such application to determine
whether the application so qualifies.
C.
Time frame for review. Within
60 days of the date on which an applicant submits an application seeking
approval under this article, the Township Engineer shall approve the
application with or without conditions unless the Township Engineer
determines that the application is not covered by this article, in
which case the Township Engineer shall deny the application.
D.
Tolling of the time frame for
review. The sixty-day review period begins to run when the application
is filed, and may be tolled only by mutual agreement by the Township
of Raritan and the applicant, or in cases where the Township Engineer
determines that the application is incomplete.
(1)
To toll the time frame for
incompleteness, the Township Engineer must provide written notice
to the applicant within 30 days of receipt of the application, specifically
delineating all missing documents or information required in the application.
(2)
The time frame for review
begins running again when the applicant makes a supplemental submission
in response to the Township Engineer's notice of incompleteness.
(3)
Following a supplemental
submission, the Township Engineer will notify the applicant within
10 days 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 section. Second or subsequent
notices of incompleteness may not specify missing documents or information
that was not delineated in the original notice of incompleteness.
E.
Not a covered request. If the
Township Engineer determines that the applicant's request for co-location
is a substantial change to co-location on an existing structure, as
defined in this chapter,[1] the presumptively reasonable time frame, as prescribed
by the Federal Communications Commission's shot clock order, will
begin to run from the issuance of the Township Engineer's decision
that the application is not a covered request. To the extent such
information is necessary, the Township Engineer may request additional
information from the applicant to evaluate the application. When the
Township Engineer determines that such an application constitutes
a substantial change, applicable portions of this chapter and the
Raritan Township ordinances must be complied with, including but not
limited to the requirement for site plan review and application for
variances.
F.
Failure to act. In the event
the Township Engineer fails to approve or deny a request seeking approval
under this article within the time frame for review (accounting for
any tolling), the request shall be deemed granted. The deemed grant
does not become effective until the applicant notifies the Township
of Raritan in writing after the review period has expired (accounting
for any tolling) that the application has been deemed granted.
G.
Remedies. Applicants and the
Township of Raritan or its agents may bring claims related to this
article to any court of competent jurisdiction.
A.
An eligible
facilities request application shall include the following:
(1)
The applicant's certification
that they have the legal authority to co-locate/modify a support structure,
which may include approvals from the jurisdiction authorizing the
initial placement of transmission equipment on the tower or other
structure.
(2)
The identity of the owner
of the parcel.
(3)
Detailed site plan information.
Except where the facility will be located entirely within an existing
structure or an existing building, detailed site plan information
shall show:
(a)
Existing and proposed
improvements. The location and dimensions of the existing facility
and the maximum height above ground of the facility (also identified
in height above sea level).
(b)
Elevation. The benchmarks
and datum used for elevations.
(c)
Design. The design of
the facility, including the specific type of support structure and
the design, type, location, size, height and configuration of the
applicant's existing and proposed antennas and other equipment. The
method(s) by which the antennas will be attached to the mounting structure
shall be depicted. (Note shall be placed on all plans that the antennas,
fasteners, frames, cables, brackets and miscellaneous equipment shall
be painted as directed by the Township Engineer and/or Land Use Enforcement
Officer.)
(d)
Structural analysis.
(e)
Setbacks. All existing
setbacks.
(f)
Location of accessways.
The location of all existing accessways and the location and design
of all proposed accessways.
(g)
Any existing/proposed
landscaping, screening and buffering.
(h)
A Knox Box and/or Knox
padlock for emergency services shall be shown on the plans and provided.
(i)
Latest TIA inspection
report.
B.
All applications
for cellular towers, including co-location and eligible facilities
requests, shall comply with any and all general applicable building,
structural, electrical, and safety codes, as well as any others deemed
by the Township Engineer to be related to health and safety.
C.
As-built
plans for all approved plans shall be provided post construction.
