Township of South Hackensack, NJ Communications Towers

Communications towers are and will be permitted only on property owned, controlled or leased by the Township of South Hackensack. Said leases shall be created by the applicable statutory procedures in accordance with the Local Public Contracts Law and Local Lands and Buildings Law.[1]

[1]

Editor's Note: See N.J.S.A. 40A:11-1 et seq. and N.J.S.A. 40A:12-1 et seq., respectively.

The Township of South Hackensack must consent to property being used for communications facilities. No communications tower shall be erected or operated within the Township except pursuant to an approval, lease and license issued by the Township and entered into between the operator of the facility and the Township.

No such antenna or tower shall be located within a radius of 100 feet of a residential zone or within 200 feet of a hospital, school or public recreation facility.

All facilities shall be suitably secured. Chain link security fencing shall be required.

Site plan approved by the South Hackensack Planning Board shall be required.

In the event such communications towers are abandoned or not operated for a period of one year, the same shall be removed, at the option of the Township, at the sole expense of the operator.

Noise levels at any property line shall be not more than 50 decibels.

Site lighting shall be oriented inward to ward off side impact. Necessary warning lights shall be in accordance with federal law and regulations.

Any access to a communications facility shall conform to the driveway provisions of the Township of South Hackensack Code.

Any generator located on the site shall be within a completely enclosed soundproof equipment structure. All fuel shall be contained in accordance with NJDEP requirements.

Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility, as approved in the site plan.

Towers may be painted, camouflaged or obscured to resemble vegetation or trees as a condition of the site plan.

Towers should be a freestanding structure without significant cross braces or other visible supporting devices.

No signs or other like devices shall be displayed or appended to the facility or tower.

No offices or other commercial operations may be physically conducted on site.

All towers must meet or exceed current standards and regulations of the Federal Aviation Administration, the Federal Communications Commission and any other agency of the state or federal government with the authority to regulate towers and antennas; if such standards and regulations are changed, then the owners of the towers and antennas governed by this article shall bring such towers and antennas into compliance with such revised standards and regulations within six months, of the effective date of such standards and regulations, unless a direct compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 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 federal, state or local building codes, and if, upon inspection, the Township 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense or forfeiture of all rights, privileges and ownership of the tower, antenna, facility or leased property and improvements.