The Riverside Township Committee finds that wireless telecommunications
facilities and related equipment may pose unique impacts upon the
public health, safety and welfare and environment of Riverside and
its inhabitants and may have other adverse impacts, visual and otherwise,
upon the community, its character and thus the quality of life in
the Township. The intent of this article is to ensure that the placement,
construction or modification of wireless telecommunications facilities
and related equipment is consistent with Riverside's land use policies
and ordinances; to minimize the negative and adverse visual impact
of wireless telecommunications facilities; to assure a comprehensive
review of environmental impacts of such facilities; to protect the
health, safety and welfare of the Township of Riverside; and to encourage
shared use of wireless telecommunications facilities.
For purposes of this article, the defined terms, phrases, words,
abbreviations and their derivations shall have the meaning given in
this section.
ACCESSORY FACILITY OR STRUCTURE
A facility or structure serving or being used in conjunction
with a telecommunications facility and located on the same property
or lot as the telecommunications facility, including, but not limited
to, utility or transmission equipment, storage sheds or cabinets.
ANTENNA
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency signals. Such waves shall
include, but not be limited to, radio, television, cellular, paging,
personal telecommunications services (PCS) and microwave telecommunications.
APPLICATION
The form approved by the Planning Board, together with all
necessary and appropriate documentation that an applicant submits
in order to receive a conditional use permit for a telecommunications
facility.
APPLIED WIRELESS TELECOMMUNICATIONS FACILITY
An antenna array that is applied or attached to a building
or structure with any accompanying pole or device that attaches the
antenna array to the building or structure and connection cables.
BREAK POINT
The location on a telecommunications tower which, in the
event of a failure of the tower, would result in the tower falling
or collapsing within the boundaries of the property on which the tower
is placed.
CO-LOCATION
The use of the same structure or telecommunications tower
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
CONDITIONAL USE PERMIT
The official document or permit by which an applicant is
allowed to construct and use a wireless telecommunications facility
as granted or issued by the Township.
FAA
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
FCC
The Federal Communications Commission, or its duly designated
and authorized successor agency.
FREESTANDING TOWER
Any structure that is specifically designed for the purpose
of supporting a wireless telecommunications device. This definition
shall include monopoles and self-supporting and guyed towers.
HEIGHT
When referring to a tower or structure, the distance measured
from the grade level existing prior to construction of a tower or,
if an existing structure, the grade level existing prior to application
to place a wireless telecommunications antenna to the highest point
on the tower or structure, even if said highest point is an antenna.
NIER
Nonionizing electromagnetic radiation.
PERSON
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or governmental entity.
SITE
See definition for "wireless telecommunications facility."
TELECOMMUNICATIONS
The transmission and reception of audio, video, data and
other information by wire, radio frequency, light and other electronic
or electromagnetic systems.
TELECOMMUNICATIONS STRUCTURE
Any structure used in, associated with or necessary for the
provision of wireless services and as described in the definition
of "wireless telecommunications facility."
TEMPORARY
In relation to all aspects and components of this article,
fewer than 90 days.
TOWNSHIP
Refers to the Township of Riverside.
WIRELESS TELECOMMUNICATIONS FACILITY, TOWER, SITE OR PERSONAL
WIRELESS FACILITY (or any functionally equivalent service or technology
that may be developed in the future)
A structure or location designed or intended to be used or
used to support antennas. It includes, without limit, antennas applied
to the facade of a building or roof mounted antennas, freestanding
towers, guyed towers, monopoles and similar structures that employ
camouflage technology, and including, but not limited to, structures
such as a church steeple, water tower, flagpole, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It is a facility or structure intended
for transmitting and/or receiving radio, television, cellular, paging
or personal telecommunications services or microwave telecommunications,
but excluding those used exclusively for fire, police and other dispatch
telecommunications or exclusively for private radio and television
reception and private citizens bands, amateur radios and other similar
telecommunications.
All wireless telecommunications facilities and antennas shall
be located, fenced or otherwise secured in a manner which prevents
unauthorized access. Specifically:
A. All antennas, towers and other supporting structures, including guy
wires, shall be made inaccessible to individuals and constructed or
shielded in such a manner that they cannot be climbed or run into.
B. Transmitters and telecommunications control points must be installed
such that they are readily accessible only to persons authorized to
operate or service them.
Wireless telecommunications facilities shall contain a sign
no larger than four square feet to provide adequate notification to
persons in the immediate area of the presence of an antenna that has
transmission capabilities. The sign shall contain the name(s) of the
owner(s) and operator(s) of the antenna(s) as well as emergency telephone
number(s). The sign shall be located so as to be visible from the
access point of the site. No other signage, including advertising,
shall be permitted on any wireless telecommunications facilities,
antennas, antenna supporting structures or antenna towers, unless
required by law.
Any person aggrieved by the granting or denial of an application
for a wireless telecommunications facility may take an appeal therefrom
to the Superior Court of the State of New Jersey within 30 days from
the date of filing of the decision of the Planning Board on the application.
The extent and parameters of a conditional use permit for a
wireless telecommunications facility shall be as follows:
A. Such conditional use permit shall be nonexclusive.
B. Such conditional use permit shall not be assignable or transferable
without the express written consent of the Planning Board, and such
consent shall not be unreasonably withheld.
C. Such conditional use permit may be revoked, cancelled or terminated
for a violation of the conditions and provisions of the conditional
use permit for a wireless telecommunications facility or for a material
violation of this article.
The applicant and the owner of record of any property on which
there is a proposal to site a wireless telecommunications facility
shall be jointly required to execute and file with the Township a
bond, or other form of security acceptable to the Township, in an
amount deemed sufficient by the Planning Board to assure the faithful
performance of the terms and conditions of this article and the conditions
of any conditional use permit issued pursuant to this article. The
full amount of the bond or security shall remain in full force and
effect throughout the term of the conditional use permit and/or until
the wireless telecommunications facility is removed and any necessary
site restoration is completed. The failure to pay any annual premium
for the renewal of any such security shall be a violation of the provisions
of the conditional use permit and shall entitle the Planning Board
to revoke the conditional use permit after prior written notice to,
and an opportunity to be heard by, the holder of the permit.
The holder of the conditional use permit shall, annually, cause
an engineer with at least five years of experience in the field to
certify to the Township that nonionizing electromagnetic radiation
(NIER) levels at the site are within the threshold levels adopted
by the FCC. The certifying engineer need not be approved in advance
by the Township but must submit evidence of experience along with
the required certification.
Any conditional use permit issued pursuant to this article shall
contain a provision with respect to indemnification. Such provision
shall require the holder of the conditional use permit, to the extent
permitted by the law, to at all times defend, indemnify, protect,
save, hold harmless and exempt the Township, officials of the Township
and its officers, agents, servants and employees from any and all
penalties, damages or charges arising out of any and all claims, suits,
demands, causes of action or awards of damage, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the construction, erection,
modification, location, product performance, operation, maintenance,
repair, installation, replacement, removal or restoration of a wireless
telecommunications facility within the Township. With respect to the
penalties, damages or charges referenced herein, reasonable fees of
attorneys, consultants and expert witnesses are included in those
costs that are recoverable by the Township.
Where this article differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective of the Township and the public shall apply.
If any word, phrase, sentence, part, section, subsection or
other portion of this article or any application thereof to any person
or circumstance is declared void, unconstitutional or invalid for
any reason, then such word, phrase, sentence, part, section, subsection
or other portion, or the proscribed application thereof, shall be
severable and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional or invalid
shall remain in full force and effect.
Sections
255-55 to
255-83 are enacted by local law pursuant to Municipal Land Use Law. These sections shall supersede the provisions of Township
ordinance or other statute to the extent that it is inconsistent with
the same and to the extent permitted by the New Jersey State Constitution,
Municipal Land Use Law or any other applicable State of New Jersey
or federal statute.