Any use required by this chapter to be provided with a buffer area shall comply with the following regulations regarding a buffer area and a buffer screen:
A. Within a buffer area, a solid and continuous landscaping screen shall be planted and maintained. Said landscaping shall consist of lawn, massed evergreen and deciduous trees and shrubs of such species and density as will provide within two growing seasons a solid and continuous screen throughout the full course of the year. The intense density of the buffer screen may be reduced by the Planning Board if it is found that the proposed use is visually attractive and not detrimental to the appearance of the neighboring uses.
B. Within a buffer area, no use, activity or sign shall be established other than the following:
(1) Such driveways as are necessary to provide proper means of ingress and egress for the parking area.
(2) Directional signs in conjunction with said driveways which are necessary for the proper guidance and control of vehicular traffic, provided that not more than one such sign is erected in conjunction with each driveway.
(3) Walkways, nature trails or similar facilities as approved by the Planning Board and provided that such buffer is at least 60 feet in width.
C. The required height for a landscape screen shall be measured in relation to the elevation of the land at the edge of the adjacent area or structure to be buffered. Where the ground elevation of the location at which the screen is to be planted is less than the elevation at the edge of the adjacent area to be buffered, the required height of the screen shall be increased in an amount equal to the difference in elevation. In the event that the ground elevation of the location at which the screen is to be planted is greater than that at the edge of the adjacent area to be buffered, the required height of the screen may be reduced in an amount equal to said difference in elevation, provided that in no case shall the required height be reduced to less than three feet.
D. All nonpaved areas in commercial, industrial, public and semipublic buildings and use areas shall be suitably landscaped with grass, trees, shrubs and other landscape materials.
E. When a parking area of four or more vehicles or a loading and unloading area adjoins an adjacent residential property area, a planted buffer screen shall be provided between the parking area and the adjoining property. The buffer screen shall be no less than six feet in height.
F. The buffer screen around parking lots and loading and unloading areas may be constructed of wood, cement or other fence material, provided that not more than 25% of the fence is open on its vertical surface. In such cases, evergreen and deciduous trees and shrubs shall be planted along the fence to break up the monotony of the fence. Such landscaping may be omitted if it is the finding of the Planning Board that the type of fence to be erected is visually attractive and not detrimental to the appearance of surrounding areas.
G. If the Building Inspector, upon inspection, determines that the landscape materials, buffer areas and screens are not being maintained in good condition, he shall notify the owner in writing of his findings and order that any negligent maintenance on the part of the owner be corrected within 30 days of the notice. In the event that any planting required by this chapter fails to live, it shall be replaced.
[Added 3-22-1990 by Ord. No. 14-90]
Materials designated in the Marlboro Township Recycling Ordinance, Chapter 284 of the Code of the Township of Marlboro, shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:
A. For each subdivision application for 50 or more single-family units, the applicant shall provide a storage area of at least 12 square feet within each dwelling unit to accommodate a four-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.
B. For each subdivision application for 25 or more multifamily units, the applicant shall provide a storage area of at least three square feet within each dwelling unit to accommodate a one-week accumulation of mandated recyclables (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one or more common storage areas must be provided at convenient locations within the development.
C. For each site plan application for commercial and industrial developments that utilize 1,000 square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to newspapers, glass bottles, aluminum cans, tin and bimetal cans, high-grade paper and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one- to four-week accumulation of recyclable material. The municipal agency may require the location of one or more common storage areas at convenient locations within the development.
[Added 1-28-1999 by Ord. No. 1999-1]
A. Purpose and intent. The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers on Township-owned property where appropriate or in other nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage the use of existing buildings, telecommunications towers, light or utility poles or water towers as opposed to construction of new telecommunications towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; ensure that all telecommunications facilities, including towers, antennas and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to 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; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of telecommunications towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these purposes, the Township of Marlboro shall give due consideration to the Township of Marlboro's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. Definitions. As used in this section, the following items shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE Man-made trees, clock towers, bell steeples, flagpoles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.
ANTENNA Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
BACKHAUL NETWORK 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.
BUFFER AREA The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
CARRIER A company that provides wireless services.
COLLOCATION When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
FAA The Federal Aviation Administration.
FALL ZONE The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FCC The Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES Cellular radio, personal communications service (pcs), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
GUYED TOWER A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
HEIGHT When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
LATTICE TOWER A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
MONOPOLE The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT The structure or surface upon which antennas are mounted, including the following four types of mounts:
(1) Roof-mounted: mounted on the roof of a building.
(2) Side-mounted: mounted on the side of a building.
(3) Ground-mounted: antenna support (tower) mounted on the ground.
(4) Structure-mounted: mounted on a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.
RADIO FREQUENCY RADIATION (RFR) For the purposes of this section shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 megahertz (MHz) to 300,000 MHz.
RADIO FREQUENCY (RF) ENGINEER An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
STEALTH DESIGN A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").
TELECOMMUNICATIONS FACILITY A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS OR TRANSMISSION TOWER The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
WIRELESS COMMUNICATIONS Any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communications 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 operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
C. Applicability.
(1) New towers and antennas. All new telecommunications towers or antennas in the Township of Marlboro shall be subject to these regulations.
(2) Preexisting towers or antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections J and K absent any enlargement or structural modification or the addition of any antennas.
(3) District height limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.
(4) Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided that a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this section.
(5) 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.
(6) Satellite dish antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
D. General requirements.
(1) Principal or accessory use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Township land use 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.
(2) Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3) 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 90 days 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 shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(4) 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 and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Township of Marlboro 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.
(5) Not essential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
(6) Collocation required. The Township of Marlboro mandates that carriers collocate antennas on towers and other structures whenever possible. See Subsection G for collocation requirements.
(7) Conditional use. All telecommunications facilities in the Township of Marlboro shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
(8) Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Township of Marlboro, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
E. Use regulations.
(1) Conditional use. Wireless telecommunications facilities are permitted as conditional uses:
(a) On lands owned by Marlboro Township or the Marlboro Township Municipal Utilities Authority or any other public entity within the Township of Marlboro.
(b) In the MZ, C-3, C-4 and IOR Zone Districts.
(2) Conditional use standards. Wireless telecommunications facilities may be permitted on the above-referenced lands, provided that:
(a) The minimum lot size on which the telecommunications facility is to be located is at least five acres in area.
(b) Lattice towers and any type of guyed tower are prohibited.
(c) Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:
[2] For two carriers, up to 125 feet in height.
[3] For three or more carriers, up to 150 feet in height.
[4] For three of more carriers on parcels in the MZ Zone District only which are owned by the Township of Marlboro or other public entity with 100 or more contiguous acres within a single block and which parcel abuts a freeway or principal arterial roadway, up to 200 feet in height.
(3) Factors considered in granting conditional use permits.
(a) In addition to the above standards, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
[1] Proximity of the tower to residential structures and residential district boundaries.
[2] Nature of uses on adjacent and nearby properties.
[3] Surrounding topography.
[4] Surrounding tree coverage and foliage.
[5] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs which are encouraged.
[6] Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.
[7] Availability of proposed tower to other potential carriers.
(b) This list is considered to be illustrative in nature and may not include all factors to be considered.
F. Site design standards. The following site design standards shall apply to wireless telecommunications facilities:
(1) New towers.
(a) Telecommunications towers may not be located closer than 500 feet to any residential zone. Antennas located on preexisting buildings or structures are exempt from this requirement.
(b) Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.
(c) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anti-climbing measures.
(d) Landscaping. The following requirements shall govern the landscaping surrounding towers:
[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
[2] In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
[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 a sufficient buffer.
(e) Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.
(f) 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, 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.
(g) Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:
[1] The building enclosing electronic equipment may have one light at the entrance to the building, provided that the 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.
[2] No lighting is permitted on a tower 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.
(h) Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.
(2) Antennas mounted on existing structures or rooftops.
(a) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure in the MZ, C-3, C-4 or IOR Zone Districts, provided that:
[1] Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
[2] The antenna complies with all applicable FCC and FAA regulations.
[3] The antenna complies with all applicable building codes.
[4] The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure. 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. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.
(b) Aesthetics. 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.
(3) Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone 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 such collocation is accomplished in a manner consistent with the following:
(a) 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 reconstruction as a monopole is proposed.
(b) An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
(c) On-site location.
[1] A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.
[2] After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.
G. Collocation.
(1) The Township of Marlboro requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
(a) A survey of all existing structures that may be feasible sites for collocating personal wireless service facilities.
(b) Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county.
(c) Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.
(d) A copy of a proposed lease or affidavit of compliance with this section.
(2) In the event that collocation is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The Township may deny approval to an applicant that has not demonstrated a good faith effort to provide for collocation.
(3) If the applicant does intend to collocate or to permit collocation, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.
H. Location priorities. Wireless telecommunications facilities shall be located and approved in accordance with the following prioritized locations:
(1) The first priority shall be an existing tower or an existing or proposed water tower or standpipe owned by either a public or private utility within or near the Township of Marlboro.
(2) The second priority shall be new towers on lands owned by the Township of Marlboro within the MZ Zone District or other lands owned by the Township of Marlboro or Marlboro Township Municipal Utilities Authority or other public entity.
(3) The third priority shall be an existing building in the MZ, C-3, C-4 or IOR Zone Districts.
(4) The fourth priority shall be new towers on lands not owned by the Township of Marlboro or Marlboro Township Municipal Utilities Authority or other public entity located within the C-3, C-4 and IOR Zone Districts.
I. Site plan submission requirements. In addition to the site plan submission requirements of § 220-137 and other applicable sections of Chapter 220, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
(1) Comprehensive service plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Township of Marlboro at the time full service is provided by the applicant throughout the Township, the applicant shall submit a comprehensive service plan. Said Comprehensive Service Plan shall indicate how the applicant proposes to provide full service throughout the Township and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Township of Marlboro. The comprehensive service plan shall indicate the following:
(a) Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Township of Marlboro.
(b) How the proposed location of the antennas relates to the location of any existing towers within and/or near the Township of Marlboro.
(c) How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Township of Marlboro by both the applicant and by other providers of telecommunications services within the Township of Marlboro.
(d) How the proposed location of the antennas relates to the objective of collocating the antennas of different service carriers on the same tower.
(e) How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Township of Marlboro while, at the same, limiting the number of towers to the fewest possible.
(2) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
(3) Legal description of the entire tract and leased parcel (if applicable).
(4) The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
(5) The separation distance from other towers and antennas.
(6) A landscape plan showing specific landscape materials, including but not limited to species type, size, spacing and existing vegetation to be removed or retained.
(7) Method of fencing and finished color and, if applicable, the method of camouflage.
(8) A description of compliance with all applicable federal, state or local laws.
(9) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(10) Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Township.
(11) A letter of commitment to lease excess 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(s), property owner(s) and their successors in interest.
(12) A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the Planning Board Planning Consultant to ensure that various potential views are represented.
(13) An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
(a) Take into consideration all collocated radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
(b) Be performed by an RF engineer, health physicist or similar knowledgeable individual.
(c) Follow current methods recommended by the FCC for performing such analyses.
J. Monitoring and maintenance.
(1) After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this bylaw.
(2) The applicant and coapplicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include but shall not be limited to painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.
K. Abandonment or discontinuation of use.
(1) At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Township Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.
(2) Upon abandonment or discontinuation of use, at the option of the Township, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. Physically remove shall include, but not limited to:
(a) Removal of antennas, mount, equipment shelters and security barriers for the subject property.
(b) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
(c) Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
(3) If a carrier fails to remove a personal wireless service facility in accordance with this section, the Township shall have the authority to enter the subject property and physically remove the facility. The Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event that the Township must remove the facility.
L. The fee for antennas/telecommunication towers shall be $100 per review. [Added 2-25-2016 by Ord. No. 2016-4]
