[Ord. #1299, § 1, 6-9-1998, added]
a.
The purpose of this section is to establish general
guidelines for the siting of wireless telecommunications towers and
antennas.
b.
The goals of this section are to:
1.
Protect residential areas and land uses from the adverse
impacts of towers and antennas.
2.
To the extent towers are proven necessary, encourage
their location in nonresidential areas.
3.
Minimize the total number of towers throughout the
community.
4.
Strongly encourage the joint use of new and existing
tower sites as a primary option rather than construction of additional
single-use towers.
5.
Encourage users of towers and antennas to locate them,
to the extent possible, in areas where the adverse impact on the community
is minimal.
6.
Encourage users of towers and antennas to construct
and configure them in a way that minimizes the adverse visual impact
of the towers and antennas through careful design, siting, landscape
screening, and innovative camouflaging techniques.
7.
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
8.
Consider the public health and safety of communication
towers.
9.
Avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
c.
In furtherance of these goals, the Township of Bernards
shall give due consideration to the Township of Bernards' Master Plan,
Zoning Map, existing land uses and environmentally sensitive areas
in approving sites for the location of towers and antennas.
d.
This section further seeks to comply with the mandate
of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7),
which preserves local government authority to manage, with respect
to cellular and other wireless telecommunications services, to enforce
zoning requirements that protect public safety, public and private
property and community aesthetics.
e.
This section expressly recognizes that wireless telecommunications
facilities are not inherently beneficial uses and that the facility
use must be particularly suited for the proposed site.
[Ord. #1299, § 2, 6-9-1998, added]
As used in this section, the following terms
shall have the meanings set forth below:
Means 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, wireless telecommunications signals or
other communications signals.
Shall mean the Planning Board with respect to conditional use permits and variance requests pursuant to N.J.S.A. 40:55D-70c, Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D-70d(1),(3) or (6) or the Zoning Officer for permitted uses with respect to Subsection 21-17A.5, Paragraph b2.
Means the lines that connect a provider's towers/cell sites
to one or more cellular telephone switching offices and/or long-distance
providers or the public switched telephone network.
Means the Federal Aviation Administration.
Means the Federal Communications Commission.
Means, when referring to a tower or other structure, the
distance measured from the lowest finished grade of the base of the
tower to the highest point on the tower or other structure, including
the base pad and any antenna.
Means any tower or antenna for which a building permit or
other permit has been properly issued prior to the effective date
of this section, including permitted towers or antennas that have
not yet been constructed, so long as such approval is current and
not expired, and including any tower or antenna that is presently
a permitted use pursuant to Subsection 21-17A5, Paragraph b1, on property
owned, leased or otherwise controlled by the Township of Bernards.
Means man-made trees, clock towers, bell steeples, light
poles and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Means any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar wireless telecommunication purposes, including self-supporting
lattice towers or monopole towers. Guyed towers and parabolic dish
antennas are not permitted within the Township. 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 support thereto.
Shall mean any personal wireless services as defined in the
Telecommunications Act of 1996, which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication services, specialized mobile radio, enhanced specialized
mobile radio, paging and similar services that exist or that may be
developed in the future.
[Ord. #1299, § 3, 6-9-1998, added]
a.
New Towers and Antennas. All new towers or antennas
in the Township of Bernards shall be subject to these regulations,
except as provided in Paragraphs b through d, inclusive.
b.
Amateur Radio Station Operators/Receive-Only Antennas.
This section shall not govern any tower, or the installation of any
antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
c.
Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection 21-17A.4, Paragraphs f and g, absent any enlargement or structural modification or the addition of any structures.
d.
Satellite Dish Antennas. This section shall not govern
any parabolic satellite antennas.
[Ord. #1299, § 4, 6-9-1998, added]
a.
Principal or Accessory Use. Antennas and towers may
be considered either principal or accessory uses. Notwithstanding
any other Township land development regulation, a different existing
structure on the same lot shall not preclude the installation of an
antenna or tower on such lot. If a tower and its appurtenant structures
constitute the sole use of the lot, the tower shall be deemed to be
the principal use.
b.
Inventory of Existing Sites. Each applicant for an
antenna and/or tower shall provide to the approving authority an inventory
of its existing towers and antennas, or sites approved for towers
or antennas, that are either within the jurisdiction of the Township
of Bernards or within three miles of the proposed tower site, whichever
is more extensive, including specific information about the location,
height and design of each tower. The Zoning Officer may share such
information with other applicants applying for administrative approvals
or permits under this section or other organizations seeking to locate
antennas within the jurisdiction of the Township of Bernards; provided,
however, that the Zoning Officer is not, by sharing such information,
in any way representing or warranting that such sites are available
or suitable.
[Ord. #1411, 6-13-2000, amended]
c.
Aesthetics. Towers and antennas shall meet the following
requirements:
1.
Towers shall either maintain a galvanized steel finish
or, subject to any applicable standards of the FAA or the Township,
be painted a neutral color so as to reduce visual obtrusiveness.
2.
At a tower site, the design of the buildings and related
structures shall, to the extent possible, use materials, colors, textures,
screening and landscaping that will blend them into the natural setting
and surrounding buildings and shall be located out of public view
behind existing structures, buildings or terrain features which will
shield the buildings and related structures from view.
3.
If an antenna is installed on a structure other than
a tower, the antenna and supporting electrical and mechanical equipment
must be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
d.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA. It is the intent of the Township that
towers shall not exceed FAA height standards that would require lighting.
If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views.
e.
State or Federal Requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC 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 section 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 different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations within 30 days shall mean that
the Township may avail itself of any and all legal or equitable remedies,
including the removal of the tower or antenna at the owner's expense
or revocation of the certificate of occupancy.
f.
Building Codes; Safety Standards. 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 state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Township of Bernards 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 towers
and antennas into compliance with such codes and standards within
30 days shall mean that the Township may avail itself of any and all
legal or equitable remedies, including the removal of the tower or
antenna at the owner's expense or revocation of the certificate of
occupancy.
g.
Not Essential Services or Inherently Beneficial Uses.
Towers and antennas shall be regulated and permitted pursuant to this
section and shall not be regulated or permitted as inherently beneficial
uses, essential services, public utilities or private utilities.
h.
Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communication system in the Township
of Bernards have been obtained and shall file with its application
a copy of all required franchises with the Zoning Officer.
i.
Public Notice. For purposes of this section, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection 21-17A.6, Paragraph e, Table 1, in addition to any notice otherwise required by the Land Development Ordinance.
j.
Signs. No signs shall be allowed on an antenna or
tower.
k.
Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection 21-17A.7.
l.
Multiple Antenna/Tower Plan. The Township of Bernards
mandates the users of towers and antennas to collocate antennas where
technically, practically and economically feasible. Applications for
approval of collocation sites shall be given priority in the review
process.
m.
Compliance with Radiation Emission Standards. The
applicant shall demonstrate that the proposed antenna and related
structures and equipment complies with all applicable state and federal
regulations of electromagnetic radiation levels. Thereafter, at least
every two years after issuance of the initial certificate of occupancy,
the applicant shall demonstrate that the antenna and related structures
and equipment continue to comply with such applicable regulations.
[Ord. #1299, § 5, 6-9-1998, added]
a.
General. The uses listed in this subsection are deemed
to be permitted uses and shall not require a conditional use permit
or variance application.
b.
Permitted Uses. The following uses are specifically
permitted:
1.
Antennas or towers located on property owned, leased
or otherwise controlled by the Township of Bernards, provided that
a license or lease authorizing such antenna or tower has been approved
by the Township of Bernards. However, the Township may, as a condition
of such lease, require site plan approval. The decision to extend
such leases to an applicant shall be vested solely with the municipality;
shall not be governed by this section and shall, to the extent applicable,
be subject to the bidding requirements of the Local Public Contracts
Law of the State of New Jersey.[1] The Township, in its absolute discretion, reserves the
express right to deny all use of its property for antennas or towers.
Preexisting towers and antennas are exempt from the application of
this subsection.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
2.
Any antenna which is not attached to a tower may be
attached to any existing business, industrial, office or institutional
structure located in the E-1, E-2, E-3, E-4 and E-5 Office Zones,
provided that:
[Ord. #1299, § 6, 6-9-1998, added; Ord.
#1411, 6-13-2000, amended]
a.
List of Conditional Uses. The following uses may be
approved by the applicable approving authority as conditional uses.
1.
Antennas on existing towers consistent with the terms
below:
(a)
An antenna may be attached to an existing tower
in the E-1, E-2, E-3, E-4 and E-5 Office Zones and, to minimize adverse
visual impacts associated with the proliferation and clustering of
towers, collocation of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided that such collocation is accomplished in a manner consistent
with the following:
(1)
A tower which is modified or reconstructed to
accommodate the collocation of an additional antenna shall be of the
same tower type as the existing tower, unless the approving authority
allows reconstruction as a monopole.
b.
Factors Considered in Granting Conditional Use Permits or Variances for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to Subsections 21-12.1 through 21-12.4 of the Land Development Ordinance, the approving authority shall consider the following factors in determining whether to grant a variance or to issue a conditional use permit:
1.
Height of the proposed tower.
2.
Proximity of the tower to residential structures and
residential district boundaries.
3.
Nature of uses on adjacent and nearby properties.
4.
Surrounding topography.
5.
Surrounding tree coverage and foliage.
6.
Design of the tower, with particular reference to
design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
7.
Proposed ingress and egress.
8.
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection 21-17A.6, Paragraph c.
9.
Availability of proposed tower to other potential
users.
10.
Alarm system.
11.
Whether the proposed site is particularly suited
for the proposed tower.
c.
Availability of Suitable Existing Towers, Other Structures
or Alternative Technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the approving
authority that no existing tower structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the approving authority related to the availability of
suitable existing towers, stealth tower structures, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
1.
No existing towers or structures are located within
the geographic area which meet the applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
4.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
5.
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable;
costs exceeding new tower development are presumed to be unreasonable.
6.
The applicant demonstrates that there are other limiting
factors that render existing towers and structures unsuitable.
7.
The applicant demonstrates that an alternative technology
that does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable; costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
d.
Setbacks. The following setback requirements shall
apply to all towers for which a variance or conditional use permit
is required:
1.
Towers must be set back a distance equal to at least
120% of the height of the tower from any adjoining lot line and all
nonappurtenant buildings.
2.
Accessory buildings must satisfy the minimum zoning
district setback requirements.
3.
No tower shall exist within required buffer or conservation
easement areas if adjacent to residential zones and as prescribed
under local ordinance.
e.
Separation. The following separation requirements
shall apply to all towers and antennas for which a variance or conditional
use permit is required:
1.
Separation from off-site uses/designated areas.
(a)
Tower separation shall be measured from the
base of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
(b)
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| |||
|---|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| ||
|
Base of Tower to:
| |||
|
Existing residential, public parks and buildings,
public or private schools, municipal buildings, libraries or houses
of worship and any site designated on the federal, state or municipal
historic register
|
500 feet or 300% of the height of the tower,
whichever is greater
| ||
|
Vacant residentially zoned land
|
500 feet or 300% of the height of the tower,
whichever is greater
| ||
|
Nonresidentially zoned lands or nonresidential
uses
|
At least 120% of the height of the tower from
any adjoining lot line and all nonappurtenant buildings
| ||
2.
Separation distances between towers. Separation distances
between towers shall be applicable for and measured between the proposed
tower and preexisting towers. The separation distances shall be measured
by drawing or following a straight line between the base of the existing
tower and the proposed base, pursuant to a site plan, of the proposed
tower. The separation distances (listed in linear feet) shall be as
shown in Table 2.
|
Table 2
Separation Distances Between Towers -
Types
| ||||
|---|---|---|---|---|
|
Lattice
(linear feet)
|
Monopole 100 Feet or Greater in Height
(linear feet)
|
Monopole Less Than 100 Feet in Height
(linear feet)
| ||
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole less than 100 feet
|
750
|
750
|
750
| |
f.
Security Fencing. Towers shall be enclosed by security
fencing not less than eight feet in height and shall also be equipped
with appropriate anticlimbing measures.
g.
Landscaping. The following requirements shall govern
the landscaping surrounding towers for which a conditional use permit
is required:
1.
Tower facilities shall be landscaped with a buffer
of plant materials that effectively screens the view of the tower
compound from adjacent properties. The standard buffer shall consist
of a landscaped strip at least 10 feet wide outside the perimeter
of the compound.
2.
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced.
3.
Existing mature tree growth and natural land forms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large, wooded lots, natural growth
around the property perimeter may be sufficient buffer.
i.
General Requirements. The following provisions shall
govern the issuance of conditional use permits or variances for towers
or antennas by the approving authority:
1.
If the tower or antenna is not a permitted use under Subsection 21-17A.5, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
2.
Applications for variances and conditional use permits
under this subsection shall be subject to the procedures and requirements
of Chapter XXI, Land Development, of the Township Code, except as
modified in this subsection.
3.
In granting a conditional use permit or variance,
the approving authority may impose conditions to the extent the approving
authority concludes such conditions are necessary to minimize any
adverse effect of the proposed tower on adjoining properties.
4.
Any information of an engineering nature that the
applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer of the State of New
Jersey.
5.
An applicant for a variance or conditional use permit
shall submit the information described in this subsection and a nonrefundable
application fee and an escrow deposit as follows:
|
Application Charge
|
Escrow Account
| |||
|---|---|---|---|---|
|
If no new tower is proposed
|
$1,000
|
Plus
|
$2,000
| |
|
If a new tower is proposed
|
$5,000
|
Plus
|
$5,000
|
6.
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, are permitted as conditional uses only
in the E-1, E-2, E-3, E-4 and E-5 Office Zones.
7.
No towers or antennas shall be permitted as conditional uses in residential or public use zone districts unless located upon property owned by the Township of Bernards and subject to the provisions of Subsection 21-17A.5, Paragraph b.
8.
The tower must be designed and constructed so as to
accommodate at least two antenna arrays of separate wireless telecommunications
providers. The approving authority may require that the tower be designed
and constructed so as to accommodate up to five antenna arrays of
separate wireless telecommunications providers where such accommodation
is technically, practically and economically feasible.
9.
The application fee and escrows shall be paid as required
herein.
j.
Submission requirements. In addition to any information required for applications for conditional use permits pursuant to Subsections 21-12.1 to 21-12.4 of the Land Development Ordinance, applicants for a conditional use permit or a variance shall submit the following information to the approving authority (a checklist is attached as Appendix H, Article III at the end of this chapter):
[Ord. #1697, 4-13-2004, added]
1.
Each applicant for an antenna and/or tower shall provide
to the approving authority an inventory of its existing towers and
antennas, or sites approved for towers or antennas, that are either
within the jurisdiction of the Township of Bernards or within three
miles of the proposed tower site, whichever is more extensive, including
specific information about the location, height and design of each
tower. This inventory shall include all cellular providers' sites.
2.
Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Township of Bernards
have been obtained and shall file with its application a copy of all
required franchises.
3.
A scaled site plan clearly indicating the location, type and height of the proposed antenna and/or tower, on-site land uses and zoning, adjacent land uses and zoning (including adjacent to other municipalities), Master Plan recommendation for the site and all properties within the applicable separation distances set forth in Subsection 21-17A.6, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed antenna and/or tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
4.
A legal description of the entire tract and leased
parcel (if applicable).
5.
A landscape plan showing specific landscape materials,
including species type, size, spacing and existing vegetation, to
be removed or retained.
6.
Method of fencing and finished color and, if applicable,
the method of camouflage.
7.
A description of compliance with Subsection 21-17A.4, Paragraphs c, d, e, f, g, i, j, l and m and all applicable federal, state or local laws.
8.
Identification of the entities providing the backhaul
network for the antenna and/or tower described in the application
and other cellular sites owned or operated by the applicant in the
municipality.
9.
A description of the suitability or nonsuitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new antenna and/or
tower.
10.
A description of the feasible location(s) of
future towers or antennas for the applicant within the Township of
Bernards based upon existing physical, engineering, technological
and geographical limitations in the event that the proposed antenna
and/or tower is erected.
11.
A visual study, including photographic or topographic
plans such as balloon or crane tests, depicting where, within a one-mile
radius, any portion of the proposed antenna and/or tower could be
seen. At its discretion, the approving authority may require the applicant
to conduct a balloon test, crane test or similar test at the applicant's
expense. If required, such test shall be scheduled with the approving
authority for a time which is convenient to its members and the public,
and which will be sufficiently in advance so as to allow adequate
notification of the public.
12.
Documentary evidence by a licensed professional
in the State of New Jersey regarding the need for the antenna and/or
tower, which information shall identify the existing wireless network
layout and existing coverage areas to demonstrate the need for the
facility at a particular location within the Township. The evidence
shall include a radio frequency engineering analysis of the search
area for the antenna and/or tower.
13.
Elevations of all existing and proposed structures,
including all antennas, towers, platforms, finish materials and accessory
equipment.
14.
In addition to the above, applicants for a conditional
use permit or a variance involving a new or modified tower shall submit
the following information to the approving authority:
(a)
The setback distance between the proposed tower
and the nearest residential unit and the residentially zoned properties
as indicated on the Municipal Tax Map.
(b)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection 21-17A.6, Paragraph j.1, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(c)
A statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(d)
A letter of commitment to lease space to other
potential users at prevailing market rates and conditions. The letter
of commitment shall be in form suitable for recording with the County
Clerk prior to the issuance of any permit and shall commit the tower
owner, property owner and successors in interest.
(e)
An agreement by the tower owner that other wireless
telecommunications providers will be permitted to collocate on the
proposed tower within the limits of structural and radio frequency
engineering requirements.
[Ord. #1299, § 7, 6-9-1998, added]
a.
Antennas Mounted on Structures or Rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
1.
The cabinet or structure shall not contain more than
200 square feet of gross floor area or be more than 10 feet in height.
2.
If the equipment structure is located on the roof
of a building, the area of the equipment structure and other equipment
and structures shall not occupy more than 10% of the roof area and
shall be screened from view utilizing architectural treatments and
designs.
3.
Equipment storage buildings or cabinets shall comply
with all applicable building codes.
b.
For antennas located on towers, the related unmanned
equipment structure shall not contain more than 200 square feet of
gross floor area or be more than 10 feet in height and shall be located
in accordance with the minimum accessory structure requirements of
the zoning district in which located.
c.
Structures or cabinets shall be screened from view
of all properties which abut or are directly across the street from
the structure or cabinet by a security fence eight feet in height
or an evergreen hedge with an ultimate height of eight feet and a
planted height of at least six feet.
[Ord. #1299, § 8, 6-9-1998, added]
Any antenna or tower that is not operated for
a continuous period of six months shall be considered abandoned, and
the owner of such antenna or tower shall remove the same within 90
days of receipt of notice from the Township of Bernards notifying
the owner of such abandonment. Towers that are rendered obsolete or
outdated by advances in technology shall be removed or modified. Failure
to remove an obsolete, outdated or abandoned antenna or tower within
said 90 days shall be grounds for the Township to require removal
of the tower or antenna at the owner's expense. If there are two or
more users of a single tower, then this provision shall not become
effective until all users cease using the tower. The Township may
condition the issuance of any permit to construct a tower or antenna
on the posting of an appropriate performance bond or other suitable
guaranty in a face amount of not less than 120% of the cost to remove
the tower and restore the property as determined by the Township Engineer
for such construction as required under all applicable Township ordinances.
[Ord. #1299, § 9, 6-9-1998, added]
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection 21-17A.6. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection 21-17A8.
