The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications equipment in order to protect the community from the visual and other adverse impacts and to preserve the character of the Township that the Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:

A. Protect residential areas and land uses from the potential adverse impacts of wireless telecommunications towers and antennas;

B. Encourage the location of wireless telecommunications towers in non-residential areas and along major transportation corridors;

C. Minimize the total number of wireless telecommunications towers throughout the community;

D. Strongly encourage the joint use of new and existing wireless telecommunications towers instead of construction of additional single-use towers;

E. Encourage the location of wireless telecommunications towers and antennas in areas where the adverse impact is minimized;

F. Encourage the location of wireless telecommunications towers and antennas in a way that minimizes their adverse visual impact through careful design, siting, landscaping, screening, and innovative camouflaging;

G. Enhance the ability of the providers of wireless telecommunications services to provide such services to the community quickly, effectively, and efficiently;

H. Consider the public health and safety impacts of wireless telecommunications towers; and,

I. Avoid potential damage to adjacent properties from the failure of wireless telecommunications towers through proper engineering and careful siting of towers

A. Notwithstanding any other provision of law to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under Article IX and consistent with the Visual Compatibility Requirements of subsection 1-3, shall be a permitted use in the I and I-P zones and on Public Utilities or municipal property and a conditional use in the B, SB, RD, OB and OR zones. When applying for a conditional use, the applicant shall meet the standards of subsection 1-4.

B. Notwithstanding any other provision of law to the contrary, wireless telecommunications towers consistent with the provisions of subsection 211-228 and subsection 211-229 shall be a permitted use on municipal property and a conditional use in the I, I-P, B, SB, RD, OB and OR zones, and on property owned by Public Utilities.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 32- 2004.

C. Notwithstanding any other provision of law to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates by clear and convincing evidence to the Planning Board that no existing tower or structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's needs. The fact that the costs of alternative technology exceeds the costs of a new wireless telecommunications tower or wireless telecommunications antenna shall not be a basis to render any alternative technology unsuitable or unavailable.

A. Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened without regard to cost so as to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment landscaping, and other means.

B. Wireless telecommunication antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that views of, and vistas from, historic districts are not degraded by the appearance of any antenna or tower. The views of architecturally significant structures, identified in the Wayne Township Master Plan shall not be impaired or diminished by the placement of wireless telecommunications equipment.

C. One wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of a wireless telecommunications tower, provided that:

1. The wireless telecommunications equipment compound is enclosed within a solid wooden fence at least 7 feet and no more than 8 feet high, which shall include a locking security gate and shall be approved by the Township Engineer, and

2. The maximum height of any structure within a wireless telecommunications compound, with the exception of the tower, shall be 12 feet; and

3. It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or

4. When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence to completely shield the compound from public view. Landscaping shall include native evergreen and deciduous trees at least 8 feet in height at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center; and

5. It otherwise complies with the requirements of this section.

A. An applicant desiring to construct a wireless telecommunications antenna in a residential zone or a tower in any zone shall demonstrate each of the following to the satisfaction of the Planning Board:

1. The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail: (a) the wireless telecommunications network layout and its coverage area requirements and (b) the need for new wireless telecommunications facilities at a specific location within the Township. The applicant shall also provide evidence of all alternate designs that would not require the applicant to construct a wireless telecommunications tower at the proposed location;

2. That the applicant has exercised its best efforts to locate its wireless telecommunications antennas on existing towers, buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence with the owners of existing towers, buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that that applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing tower, building or structure can accommodate the applicant's proposed antenna may consist of any one or more of the following:

a) There is no existing tower, building or structure within the applicant's search area.

b) Existing towers, buildings and structures are not of sufficient height and cannot be made to be of sufficient height to meet the applicant's engineering requirements, or do not have sufficient structural strength to support the applicants proposed antennas and related equipment.

c) The applicant's proposed antennas would cause interference with an antenna on the existing tower, building or structure, or an antenna on the existing tower, building or structure would cause interference with the applicant's proposed antennas.

d) The fees, costs, or contractual provisions required by the owner in order to locate on an existing tower, building or structure or to adapt an existing tower, building or structure for sharing are patently unreasonable. Actual, direct costs exceeding new tower design, development, construction, and operation are presumed to be patently unreasonable.

e) There are other limiting factors that render existing towers, buildings and structures unsuitable;

3. The locations of all existing communications towers, buildings and structures within the applicant's search area along with competent engineering testimony regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network, and the alternate network designs identified pursuant to paragraph 1-2C;

4. If a suitable location on an existing tower, building or other structure is found, but the applicant is unable to secure an agreement to locate its equipment on such tower, building or structure, the applicant shall provide written evidence of its attempt or attempts to so locate.

B. New wireless communication antennas and towers shall be located at the lowest numbered priority location available within the applicant's search area according to the Wireless Equipment Location Schedule following this section. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.

C. Wireless Equipment Location Schedule

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 32- 2004.

An applicant desiring to construct a wireless telecommunications tower which has satisfied the requirements of subsection 1-4 shall also satisfy the following bulk standards:

A. Minimum lot size - the greater of the zone requirement or 2 acres.

B. Minimum setback of wireless telecommunication tower from:

1. Any property line - the greater of the zone setback requirement or the tower height

2. Any residential zone line - 250 feet

3. Any wireless telecommunication tower - 5,280 feet (1 mile)

C. Minimum setback for wireless telecommunications compound from any property line - the greater of the zone setback requirements or the tower height

D. Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:

1. Three or more vendors: 140 feet

2. Two vendors: 120 feet

3. Single vendor: 100 feet

E. Maximum height of attached antenna - 10 feet beyond the edge of the building or structure to which attached.

A. All site plan details required by Article IX.

B. A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the New Jersey Uniform Construction Code, as it may be amended or supplemented, including a description of the number and type of antennas it is designed to accommodate.

C. A binding, irrevocable commitment by the applicant for itself and its successors and assigns in interest to lease excess space on the tower to any other potential user at reasonable rates and conditions. The applicant's counsel shall simultaneously submit a written opinion that the applicant's commitment is enforceable by the Township. The commitment shall be recorded prior to issuance of a building permit.

D. A copy of the lease or deed for the property.

E. A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within the Township, and any changes known to the applicant to be proposed within the following twelve month period, including plans for new locations and the discontinuance or relocation of existing facilities.

A. Every wireless telecommunications tower shall be designed and constructed so as to accommodate the equipment of at least three wireless telecommunications service providers (the applicant's plus two co-locators).

B. No signs shall be permitted except for a single sign not exceeding 2 square feet displaying owner contact information and warnings, equipment information, and safety instructions.

C. No lighting is permitted except as follows:

1. A wireless telecommunications equipment compound may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward, and is equipped with a timer or sensor so that the light is turned off when not needed for safety or security purposes; and

2. Tower lighting only as required by Federal or State regulations.

D. Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity.

E. Wireless telecommunications towers shall be painted in a color or colors required by Federal or State regulation or as required by the Planning Board.

F. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed for safety.

G. Every new wireless telecommunications tower shall be of "monopole" design unless the applicant can demonstrate that a different design is necessary for the co-location of additional antennas on the tower. Towers in public view shall employ camouflage technology.

H. Wireless telecommunications equipment shall be operated so as not to produce noise in excess of the limits set by Federal regulation, State regulation, or Township ordinance.

A. Every modification to a wireless communications antenna shall be subject to site plan review and approval. A modification is a change in the number, type, size or placement of wireless telecommunications antennas.

B. Operators of wireless telecommunications facilities shall notify the township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for 6 months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such 6-month period. Upon removal, the site shall be cleared, restored, and re-vegetated to blend with the existing surrounding vegetation at the time of abandonment.

Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in Chapter 134, Planning and Development Article V.

**Webmasters Note: The previous Article has been added as per Ordinance No. 59-2003.

[Amended 10-20-1993 by Ord. No 71-1993]