[Added 12-4-2006 by Ord. No. 06-34]
A.
The federal government, through the Federal Communications
Commission (FCC), has issued personal wireless telecommunications
licenses for personal telecommunications services and other wireless
technologies; and
B.
The FCC requires license holders to provide coverage
to areas where personal wireless telecommunications licenses have
been acquired and this may require that such facilities be constructed
in specified locations and manners determined by engineering standards
to achieve such coverage; and
C.
The Federal Telecommunications Act of 1996 (FTA) preserves
local zoning authority to reasonably regulate personal wireless telecommunications
facilities (PWTFs); but the FTA mandates that localities may not unreasonably
discriminate among FCC license holders and that localities cannot
prohibit or adopt regulations which have the effect of prohibiting
the provision of wireless services, and the FTA gives the FCC sole
jurisdiction over radio frequency emissions of PWTFs so long as PWTFs
meet FCC standards; and
D.
It is necessary to reasonably regulate PWTFs and associated
personal wireless telecommunications equipment facilities (PWTEFs)
to minimize potential aesthetic impacts; and
E.
There is a public need for new provisions in the Township
of North Brunswick's Land Use Ordinance to address the site locations
of PWTFs, PWTEFs and antennas.
As used in this article, the following terms
shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals, television signals, pagers and other communications signals.
For the purposes of this article, "cellular antennas," as referred
to in the 1966 Federal Telecommunications Act, shall not be deemed
a public utility.
A structure, other than a telecommunications tower, which
is attached to a building and on which one or more antennas are located.
Lines that connect a provider's towers/cell sites to one
or more telephone switching offices, and/or long distance providers,
or the public switched telephone network.
Use of a common PWTF or a common site by two or more wireless
license holders or by one wireless license holder for more than one
type of communications technology and/or placement of a PWTF on a
structure owned or operated by a utility or other public entity.
The Federal Aviation Administration.
The Federal Communications Commission.
Facilities for the provision of wireless communications services,
including, but not limited to, antennas, antenna support structures,
telecommunications towers, and related facilities other than PWTEFs.
Accessory facilities serving and subordinate in area, extent
and purpose to, and on the same lot as, a telecommunications tower
or antenna location. Such facilities include, but are not limited
to, transmission equipment, storage sheds, storage buildings, and
security fencing.
The Planning Board of the Township of North Brunswick.
Visible from a public thoroughfare, public lands or buildings
or navigable waterways.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purpose, including self-supporting
lattice towers, guy towers or monopole towers. The term includes radio
and television transmission towers, microwave towers, common carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any supports thereunto:
freestanding structures on which one or more antennas are located,
including lattice towers, guyed towers, monopoles and similar structures.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 (FTA), which includes FCC-licensed
commercial wireless telecommunications services, including cellular,
personal communication services (PCS), specialized mobile radio (SMR),
enhanced specialized mobile radio (ESMR), paging, and similar services
that currently exist or that may in the future be developed. It does
not include any amateur radio facility that is owned and operated
by a federally licensed amateur radio station operation or is used
exclusively for receive-only antennas, nor does it include noncellular
telephone services.
A.
The purpose of this article is to provide sound land
use policies, procedures, regulations and specific zoning conditions
for PWTFs and PWTEFs to protect the Township of North Brunswick from
the visual or other adverse impacts of these facilities, and to safeguard
the public good, health, safety and welfare and preserve the intent
and the purposes of the Township of North Brunswick's Master Plan
and Land Use Ordinance while encouraging the unobtrusive development
of PWTFs and PWTEFs to provide comprehensive wireless telecommunications
services in the Township of North Brunswick to benefit its residents
and businesses. This article expresses a preference that telecommunications
providers locate antennas on existing buildings and telecommunications
towers, or that any PWTFs and PWTEFs be constructed on municipal or
other priority locations as set forth herein; and, further, encourages
collocation and site sharing of new and existing PWTFs and PWTEFs.
This article seeks to meet the mandate of the Telecommunications Act
of 1966, while simultaneously seeking to limit the proliferation of
telecommunications towers and appurtenances.
B.
It is understood by the Township of North Brunswick
that the federal government, through the FCC; issues licenses for
personal wireless communications and that the FCC requires license
holders to provide coverage within the areas so licensed.
C.
It is also understood by the Township of North Brunswick
that the FTA expressly preserves the zoning authority of a municipality
to regulate the placement, construction and modification of PWTEFs
subject to the six limitations cited at § 332(c)(7)(B) of
the FTA. Accordingly, the FTA does not abrogate local zoning authority
in favor of the commercial desire to offer optimal service to all
current and potential customers, and the providers of the personal
wireless services must bear the burden of proving that any proposed
service facility is the least intrusive means of filling a significant
gap in personal wireless communications services in a given area.
The overall objective of this article is to
allow the provision of personal wireless communications services which
have been determined by the Telecommunications Act to be necessary
and protected to provide full and seamless communication services,
while simultaneously limiting the number of telecommunications PWTFs
and PWTEFs to the fewest possible as reasonably practicable and only
in those locations which do not negatively impact upon the prevailing
visual character of the Township of North Brunswick. Because the Telecommunications
Act has recognized that service carriers have the right to provide
cellular communication service within municipalities, it is also the
objective of this article that many of the different carriers locate
their antennas on the same telecommunications tower to limit the overall
number of telecommunications towers within the Township of North Brunswick
to the extent reasonably practicable.
The specific goals of this article are:
A.
To limit the impact of personal wireless communications
antennas, telecommunications towers and related facilities upon the
residences and streetscapes throughout the Township of North Brunswick.
B.
To encourage the location of antennas upon, or within,
existing structures, including, but not limited to, existing steeples,
cupolas, industrial buildings, telecommunications towers, catenary
support towers and other towers and water standpipes.
C.
To encourage the collocation of antennas on the fewest
number of existing structures within the Township of North Brunswick.
D.
To encourage the communications carriers to configure
their facilities in a manner that minimizes and mitigates any adverse
impacts upon affected properties, streetscapes and viewscapes through
careful design, site location, landscape screening and innovative
camouflaging techniques.
E.
To encourage the use of alternative technologies which
do not require the use of telecommunications towers or require telecommunications
towers at relatively lesser heights.
F.
To enhance the ability of the carriers of personal
wireless communications services who adhere to the letter and intent
of this article to provide such services quickly, effectively and
efficiently.
G.
To comply with the mandate of the FTA, 47 U.S.C. 332(c)(7),
which preserves local government authority to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics.
This article shall not apply to any telecommunications
tower or the installation of any antennas that are under 70 feet high
and which are owned and operated solely by a federally licensed amateur
radio station operator or which are used exclusively to receive transmissions;
nor shall it apply to any parabolic satellite antennas or nonwireless
telephone services.
A.
The Township Engineer shall maintain an inventory
of existing PWTF and PWTEF locations within or near the Township of
North Brunswick.
B.
An applicant proposing a PWTF/PWTEF at a new location
shall demonstrate that it made its best business efforts to find a
collocation site acceptable to Township engineering standards and
that none was available, or practicable or economically feasible.
C.
An applicant proposing a PWTF/PWTEF at a new location, who has demonstrated its inability to collocate pursuant to Subsection B herein, shall provide a letter of intent, in a form to be reviewed and approved by the Township Planning Board Attorney or Zoning Board of Adjustment Attorney, as applicable, which warrants and represents that applicant shall share the use of its PWTFs/PWTEFs with any other approved cellular communication services providers at fair market value. Such collocation requirement shall be a material condition of approval.
D.
Each application for a PWTF/PWTEF shall be accompanied
by a plan which shall reference all existing PWTF/PWTEF locations
in the applicant's Township of North Brunswick inventory, any such
facilities in the abutting towns which provide service to areas within
the Township of North Brunswick and any anticipated changes proposed
within the following twelve-month period, including plans for new
locations and the discontinuance or relocation of existing facilities.
E.
Each application shall include a site location alternative
analysis describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the providers' service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(1)
How the proposed location of the PWTF/PWTEF relates
to the objective of providing full wireless communication services
within the Township of North Brunswick at the time full service is
provided by the applicant throughout the Township of North Brunswick.
(2)
How the proposed location of the proposed PWTF/PWTEF
relates to the location of any existing antennas within and near the
Township of North Brunswick.
(3)
How the proposed location of the proposed PWTF/PWTEF
relates to the anticipated need for additional antennas within and
near the Township of North Brunswick by the applicant and by other
providers of wireless communication services within the Township of
North Brunswick.
(4)
How the proposed location of the proposed PWTF/PWTEF
relates to the objective of collocating the antennas of many different
providers of wireless communication services on the same PWTF; and
(5)
How its plan specifically relates to and is coordinated
with the needs of all other providers of wireless communication services
within the Township of North Brunswick.
F.
The Planning Board, or Board of Adjustment, may retain
technical consultants as it deems necessary to provide assistance
in the review of the site location alternatives analysis. The applicant
and/or service provider shall bear the reasonable cost associated
with such consultation, which cost shall be deposited in accordance
with the Township of North Brunswick's escrow provisions.
The Township has allowed for the erection of
antennas and appurtenances upon preexisting structures and for the
construction of PWTFs and PWTEFs in priority locations as follows:
A.
Permitted uses.
(1)
PWTFs and PWTEFs are permitted uses if they collocate
and install antennas and appurtenances upon the following existing
structures:
B.
Conditional uses at priority locations:
(1)
Wireless communications providers unable to collocate
antennas as permitted uses as designated hereinabove may make application
to the Planning Board of the Township of North Brunswick for site
plan approval to construct PWTFs and PWTEFs as conditional uses on
the following priority locations, ranked in descending priority order:
(a)
Lands owned by the Township of North Brunswick
or lands owned by Township of North Brunswick Volunteer Emergency
Services, i.e., the Firehouse and First Aid and Rescue Squad;
(b)
ERR Zone (Education-Recreation-Research District
Zone);
(c)
I-1, I-2 Zones (Industrial District Zones) and
O-R Zone (Office Research District Zone);
(d)
C-2 Zone (General Commercial District Zone);
and
(e)
Nonresidential element of a mixed-use zone district,
e.g., PUD, PUD-1, PUD-2, TMU Zones.
A.
The location of personal wireless communication antennas on or within permitted use areas as set forth in § 205-164A of this article shall be considered a permitted use and shall require site plan review and approval of an application submitted to the Planning Board of the Township of North Brunswick in accordance with this article.
B.
In addition to the information customarily required
for site plans as identified on the Township's site plan application
checklist, the applicant shall provide the following information to
the Planning Board of the Township of North Brunswick:
(1)
Any proposed structural modification to the existing
telecommunications tower, tank, cupola, i.e., identified structure,
that is necessary to accommodate the proposed antennas;
(2)
The proposed location and landscape screening of any
shelters enclosing the related electronic equipment;
(3)
Any other construction that may be proposed or required
regarding the installation of the proposed antennas; and
(4)
The height of any proposed antenna attached to an
existing structure, provided that no antennas shall extend higher
than 10 feet above the height of the existing structure.
A.
Any proposed telecommunications tower, antennas and related equipment for priority locations shall require both conditional use approval in accordance with § 205-164B of this article and site plan approval as set forth herein.
B.
The following information shall be submitted for conditional
use approval and site plan approval and shall incorporate the specific
conditions, standards and limitations for PWTFs and PWTEFs in priority
locations within the Township of North Brunswick:
(1)
In order to be determined complete for site plan approval,
the initially submitted application shall include all of the applicable
documentation and items of information identified on the Township's
site plan application checklists or request variances or waivers therefrom.
(2)
In order to be determined complete, the application shall include an overall comprehensive plan in accordance with § 205-167 of this article set forth hereinbelow.
(3)
In order to be determined complete, the plan shall indicate conformance with all of the area, height and setback standards set forth in § 205-168 hereinbelow of this article or request variances or waivers therefrom.
(4)
In order to be determined complete, the plan shall indicate conformance with each of the site design standards set forth in § 205-169 of this article hereinbelow or request variances and waivers therefrom.
(5)
In order to be determined complete, the plan shall indicate conformance with each of the conditional use standards set forth in § 205-170 of this article hereinbelow or request variances and waivers therefrom.
(6)
A visual sight distance analysis shall be prepared
by the applicant and submitted in advance to the appropriate land
use agency and at the public hearing graphically simulating the appearance
of the proposed telecommunications tower, with at least three antenna
arrays attached thereto and from at least 15 locations around and
within one mile of any proposed telecommunications tower where the
telecommunications tower will be the most visible.
A.
In order to effectuate the purposes, objectives and
goals of this article, any applicant for approval to erect a new telecommunications
tower and appurtenances, i.e., PWTF and PWTEF, for wireless communications
shall provide threshold evidence that the proposed location of the
telecommunications tower and antennas, i.e., PWTF, has been planned
to result in the fewest number of telecommunications towers or PWTFs
within and around the Township of North Brunswick at the time full
service is provided by the applicant.
B.
The applicant shall provide an overall comprehensive
plan indicating how it intends to provide full service within and
around the Township of North Brunswick and, to the greatest extent
possible, shall indicate how its plan specifically relates to and
is coordinated with the needs of all other providers of wireless communication
services within and around the Township.
C.
The overall comprehensive plan shall indicate the
following and this information shall be provided at the time of the
initial submission of the application:
(1)
The mapped location and written description of all
existing and approved supporting telecommunications towers for all
providers of wireless communication services within one mile of the
subject site, both within and outside the Township of North Brunswick;
(2)
The mapped location and written description of all
existing or approved water towers or water standpipes and existing
public utility transmission towers within one mile of the subject
site, both within and outside the Township of North Brunswick;
(4)
An analysis setting forth how the projected location
of the proposed antennas specifically relates to the anticipated need
for additional antennas and supporting structures within and near
the Township of North Brunswick by the applicant and by other providers
of wireless communication services within the Township;
(5)
An analysis setting forth how the projected location
of the proposed PWTF and PWTEF specifically relates to the objective
of collocating the antennas of many different providers of wireless
communication services on a single supporting structure; and
(6)
An analysis setting forth how the projected location
of the proposed PWTF and PWTEF specifically relates to the overall
objective of providing adequate wireless communication services within
the Township of North Brunswick while, at the same time, limiting
the number of telecommunications towers to the fewest amount possible,
including alternative technologies which do not require the use of
telecommunications towers or require telecommunications towers of
a lesser height.
A.
Height standards. PWTFs shall not exceed 150 feet in height. All PWTFs shall be designed and constructed so that the foundation and lower structural elements can accommodate extensions for a PWTF of up to 150 feet. PWTFs must be constructed to provide that the height is no greater than that required to achieve service area requirements and potential collocation and to comply with the additional setback requirements contained in Subsection B. PWTEFs are limited to 15 feet in height.
B.
All PWTFs located as permitted uses and/or within
priority locations shall be set back a distance equal to 50% of the
height of the telecommunications tower from any adjoining lot line.
The placement of all PWTFs in areas other than as permitted uses or
within priority locations shall be subject to the minimum yard requirements
of the applicable zoning district in which they are located, provided
that the prevailing setback in the applicable zone be increased by
one foot for every one foot of telecommunications tower height which
is in excess of the height permitted according to the applicable zone.
C.
PWTEFs shall comply with the setback requirements
for accessory structures pursuant to the zone in which said PWTEFs
are located.
D.
If PWTEFs are located on the roof of a building, the
area of the PWTEFs and other equipment and structures shall not occupy
more than 25% of the roof area.
The following design standards shall apply to
PWTFs and PWTEFs installed or constructed pursuant to the terms of
this article:
A.
Collocation. Land Use Ordinance limitations on the
number of structures on a lot shall not apply when PWTFs and PWTEFs
are located on a lot with buildings or structures already on it.
B.
Shelters and equipment sheds. Individual shelters
for the required electronic equipment related to wireless communications
antennas shall be permitted, provided that:
(1)
Any proposed shelter enclosing required electronic
equipment shall not be more than 15 feet in height nor more than 250
square feet in area, and only one such shelter or equipment shed shall
be permitted for each provider of wireless communication services
located on a site;
(2)
No electronic equipment shall interfere with any public
safety communications;
(3)
The building shall possess one light at the entrance
to the building, provided that said light is attached to the building,
is focused downward and is switched so that the light is turned on
only when workers are at the building.
C.
Fencing and other safety devices. PWTFs and PWTEFs
shall be surrounded by a security feature, such as a fence. All telecommunications
towers shall be designed with anti-climbing devices in order to prevent
unauthorized access. Additional safety devices shall be permitted
or required, as needed, and as approved by the Planning Board or the
Board of Adjustment.
D.
Landscaping. Landscaping shall be provided along the
perimeter of the security fence to provide a visual screen and buffer
for adjoining private properties and the public right-of-way. Required
front yard setback areas shall be landscaped. All PWTEFs shall be
screened by an evergreen hedge eight feet to 10 feet in height at
planting time and a solid fence eight feet in height in order to effectively
screen the view of the equipment compound during all four seasons
of the year. The landscaping plans shall be prepared by a licensed
landscape architect, who shall present testimony to the Planning Board
regarding the adequacy of the plan to screen the equipment compound
from view and to enhance the appearance of the building. Any newly
planted evergreen trees shall be at least eight feet high at time
of planting.
E.
Signs. Signs shall not be permitted, except for signs
displaying owner contact information, warnings, equipment information,
and safety instructions. Such signs shall not exceed two square feet
in area. No commercial advertising shall be permitted on any PWTF
or PWTEF.
F.
Color. PWTFs shall be of a color appropriate to the
telecommunications tower's locational context and to make it as unobtrusive
as possible, unless otherwise required by the Federal Aviation Administration
(FAA).
G.
Activity and access. All equipment shall be designed
and automated to the greatest extent possible in order to reduce the
need for on-site maintenance and thereby to minimize the need for
vehicular trips to and from the site. Access shall be from established
site access points whenever possible. Minimal off-street parking shall
be permitted as needed and as approved by the Planning Board or the
Board of Adjustment.
H.
Dish antennas. Dish antennas shall be colored, camouflaged
or screened to make them as unobtrusive as possible, and in no case
shall the diameter of a dish antenna exceed six feet.
I.
Lighting. No lighting is permitted except as follows:
(1)
PWTEFs enclosing electronic equipment may have security
and safety lighting at the entrance, provided that the light is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
(2)
No lighting is permitted on a PWTF except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
J.
Monopole. Any proposed new telecommunications tower
shall be a monopole. Such telecommunications towers may employ camouflage
technology.
K.
Noise. No equipment shall be operated so as to produce
noise in excess of the limits set by the local noise ordinance, except
for in emergency situations requiring the use of a backup generator.
L.
Radio frequency emissions. The FTA gives the FCC sole
jurisdiction of the field of regulation of radio frequency (RF) emission,
and PWTFs which meet the FCC standards shall not be conditioned or
denied on the basis of RF impacts. Applicants shall provide current
FCC information concerning PWTFs and radio frequency emission standards.
PWTFs shall be required to provide information on the projected power
density of the proposed facility and how this meets the FCC standards.
M.
Structural integrity. PWTFs must be constructed to
the Electronic Industries Association/Telecommunications Industries
Association (EIA/TIA) 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent), as it may be updated or amended.
N.
Maintenance. PWTFs shall be maintained to assure their
continued structural integrity. The owner of the PWTF shall also perform
such other maintenance of the structure and of the site so as to assure
that it does not create a visual nuisance.
In applying these standards, locations in a higher priority location category, pursuant to § 205-164B descending rank, shall be deemed more acceptable than lower priority sites.
A.
Height standards. PWTFs shall not exceed 150 feet in height. All PWTFs shall be designed and constructed so that the foundation and lower structural elements can accommodate extensions for a PWTF of up to 150 feet. PWTFs must be constructed to provide that the height is no greater than required to achieve service area requirements and potential collocation and to comply with the additional setback requirements contained in § 205-168B. PWTEFs are limited to 15 feet in height.
B.
All PWTFs located as permitted uses and/or within
priority locations shall be set back a distance equal to 50% of the
height of the telecommunications tower from any adjoining lot line.
The placement of all PWTFs in areas other than as permitted uses or
within priority locations shall be subject to the minimum yard requirements
of the applicable zoning district in which they are located, provided
that the prevailing setback in the applicable zone be increased by
one foot for every one foot of telecommunications tower height which
is in excess of the height permitted according to the applicable zone.
C.
Any proposed new telecommunications tower shall be
a monopole and may employ camouflage technology.
D.
The applicant shall provide a letter of intent, in
a form to be reviewed and approved by the Township Planning Board
Attorney or Zoning Board of Adjustment Attorney, as applicable, which
warrants and represents that the applicant shall share the use of
its PWTFs/PWTEFs with any other approved cellular communication services
providers at fair market value. Such collocation requirement shall
be a material condition of approval.
E.
PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public ways. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible and in accordance with the landscaping requirements of § 205-168B.
F.
PWTFs and PWTEFs shall be placed to ensure that historically
significant viewscapes, streetscapes, and landscapes are protected.
The views of and vistas from architecturally and/or significant structures
should not be impaired or diminished by the placement of telecommunications
facilities.
In addition to the applicable documentation
and items of information required for site plan approval, the following
additional documentation and items of information are required to
be submitted to the Planning Board or Board of Adjustment for review
and approval as part of the site plan submission:
A.
Documentation by a qualified expert regarding the
capacity of any proposed PWTF for the number and type of antennas.
B.
Documentation by a qualified expert that any proposed
PWTF will have sufficient structural integrity to support the proposed
antennas and the anticipated future collocated antennas and that the
structural standards developed for antennas by the Electronic Industries
Association (EIA) and/or the Telecommunications Industry Association
(TIA) have been met.
C.
A letter of intent by the applicant, in a form which
is reviewed and approved by the Township Attorney, indicating that
the applicant will share the use of any PWTF with other approved providers
of wireless communication services.
D.
A letter from applicant agreeing that any PWTF or
PWTEF not used for its intended and approved purpose for a period
of six months shall be deemed "no longer operative" and shall be removed
by the responsible party within 60 days thereof.
E.
A site location alternative analysis describing the
location of other sites considered, the availability of those sites,
the extent to which other sites do or do not meet the providers' service
or engineering needs, and the reason why the subject site was chosen,
pursuant to the requirements set forth in § 205-63E.
A.
Any PWTF or PWTEF that is not operated for a continuous
period of six months shall be deemed abandoned or "not in use." If
there are two or more users of a single PWTF or PWTEF, then the abandonment
shall not become effective until all users cease using the PWTF or
PWTEF for a continuous period of six months. The owner(s) of such
PWTF or PWTEF shall remove same within 60 days of notice from the
Zoning Officer that the PWTF or PWTEF is abandoned. If such PWTF or
PWTEF is not removed within said 60 days, the municipality may remove
such PWTF or PWTEF at the owner's expense. If the facility is to be
retained, the provider(s) shall establish that the facility will be
reused within one year of such discontinuance. If a facility is not
reused within one year, a demolition permit shall be obtained and
the facility removed. At the discretion of the Zoning Officer, upon
good cause shown, the six-month reuse period may be extended for a
period not to exceed one additional year.
B.
The applicant (and the landowner in the instance of
a leased property) shall provide a performance bond and/or other assurances
satisfactory to and in a form to be approved by the Township Attorney
that will cause the antennas, any supporting telecommunications tower,
the electronic equipment cabinets and building enclosing the electronic
equipment shelters and all other ancillary related improvements related
to the land to be removed, at no cost to the Township, when the antennas
are no longer operative.
PWTFs in existence on the date of the adoption
of this article, which do not comply with the requirements of this
article (nonconforming PWTFs), are subject to the following provisions:
A.
Nonconforming PWTFs may continue in use for the purpose
now used, but may not be expanded without complying with this article.
B.
Nonconforming PWTFs which are partially damaged or
destroyed, i.e., less than 50%, due to any reason or cause may be
repaired and restored to their former use, location and physical dimensions
subject to obtaining a building permit therefor, but without otherwise
complying with this article. If this destruction is greater than partial,
i.e., more than 50%, then repair or restoration will require compliance
with this article.
C.
The owner of any nonconforming PWTF may repair, rebuild
and/or upgrade (but not expand) such PWTF or increase its height or
reduce its setbacks) in order to improve the structural integrity
of the facility, to allow the facility to accommodate collocated antennas
or facilities, to upgrade the facilities to current engineering, technological
or communications standards without having to conform to the provisions
of this article.
All other applicable requirements of this article
not contrary to the conditions, standards and limitations specified
herein shall be met, but waivers and/or variances of such other applicable
requirements may be granted at the discretion of the Planning Board
or Zoning Board of Adjustment.
In addition to its normal professional staff,
given the technical and specialized nature of the testimony be provided
by the applicant's radio frequency expert(s), the Planning Board or
Zoning Board of Adjustment may, at applicant's sole cost and expense,
hire its own radio frequency expert to review and comment on testimony
presented by the applicant. The Planning Board, or Zoning Board of
Adjustment, may employ experts with specialized areas of expertise
if deemed necessary, the cost of which shall be at the applicant's
expense.
