[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:
ANTENNA or ANTENNAS
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.
ANTENNA SUPPORT STRUCTURE
A structure, other than a telecommunications tower, which is attached to a building and on which one or more antennas are located.
BACKHAUL NETWORK
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.
COLLOCATION
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.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITY (PWTF)
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.
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEF)
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.
PLANNING BOARD
The Planning Board of the Township of North Brunswick.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
TELECOMMUNICATIONS TOWER
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.
WIRELESS COMMUNICATIONS
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:
(a) 
Preexisting telecommunications towers;
(b) 
Preexisting public utility transmissions towers which exceed 100 feet in height; and
(c) 
Preexisting water towers in excess of 100 feet.
(2) 
Any wireless communications provider wishing to install antennas and appurtenances as permitted uses shall be required to obtain site plan approval from the Planning Board of the Township of North Brunswick, pursuant to the conditions set forth in § 205-165 hereinbelow.
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.
(2) 
Any applicant desiring to place PWTFs and PWTEFs as a conditional use upon lands designated in Subsection B hereinabove must demonstrate to the Planning Board why the applicant was unable to locate the PWTFs and PWTEFs as either permitted uses or upon the preferred highest priority locations.
C. 
No construction permitted. There shall be no construction or placement of PWTFs or PWTEFs within the following zones:
(1) 
Any residential zone; and
(2) 
G-O Zone (General Office District Zone) or C-1 Zone (Neighborhood Commercial District Zone).
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.
(7) 
The additional site plan submission requirements as set forth in § 205-171 of this article hereinbelow.
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;
(3) 
An explanation of why the proposed antennas cannot be located as a permitted use pursuant to § 205-164A, or, in the alternative, an explanation as to why the proposed PWTF and PWTEF cannot be located within the preferred priority location of higher rank as set forth in § 205-164B.
(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.