[HISTORY: Adopted by the Township Council of the Township of Washington 10-6-1997 by Ord. No. 97-15 (Ch. 71 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 540.
Zoning — See Ch. 580.
A. 
Whereas, Section 704(a) of the Telecommunications Act 1996, 47 U.S.C. § 332(c)(7) ("Act"), provides that subject to state and local regulation prohibiting the provision of personal wireless services or discriminating among providers of these services, nothing in the Act shall limit or affect the authority of a state or of government or instrumentality thereof over the decisions regarding placement, construction, and modification of personal wireless service facilities.
B. 
Whereas, the Federal Communications Commission issued on order on March 18, 1996, which provides, in relevant part, as follows:
(1) 
State and local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities are preempted, unless such regulations:
(a) 
Have reasonable and clearly defined health, safety or aesthetic objectives.
(b) 
Do not operate to impose unreasonable limitations on or prevent reception of satellite-delivered signals by receive-only antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.
C. 
Whereas, the Township Council of the Township of Washington is desirous of regulating antennas consistent with the restrictions of the Federal Telecommunications Act of 1996 and the Federal Communications Commission order.
D. 
Whereas, the popularity of cellular telephones and satellite television has created an increase in the demand for antennas capable of sending and receiving signals from the same.
E. 
Whereas, there is a corresponding rise in concern over the land use and aesthetic effects that such antennas will have on the community as a whole.
F. 
Whereas, the Township Council of the Township of Washington is especially concerned about the effects of commonly referred to "commercial antennas" and the land use and aesthetic concerns which are attendant with their use and are desirous of maximizing the usefulness of the antennas while minimizing the negative impact created by the same.
G. 
The objective of this chapter is to regulate commercial antennas for land use and aesthetic reasons.
(1) 
Commercial antennas may cause a safety hazard if not positioned and secured properly.
(2) 
Commercial antennas may be aesthetically undesirable because they tend to be large in size and/or more numerous. This concern is addressed by regulating the number, location and placement of commercial antennas so as to minimize the visual disturbance associated with their use.
(3) 
The conditions set forth in this chapter are intended to address concerns of land use, structural safety, aesthetics and all other applicable considerations.
As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL ANTENNA
Any form of apparatus which is designed for the purpose of sending or receiving television, radio, microwave, satellite, cellular telephone or similar signals and is intended to be used in connection with the production of income or which is designed to be used by third parties other than those residing on the property on which the antenna is located. Expressly omitted from the definition of "commercial antenna" are those antennas intended for personal private use.
A. 
No commercial antenna shall be located in any residential district in the Township. No commercial antennas shall be located in the PRTD District. No commercial antenna shall be located in the C District. No commercial antenna shall be located in the O-R District.
B. 
The Township Council has examined the entire Township of Washington for areas that would be conducive for the placement of commercial antennas. After examining the entire Township, the Township Council has determined that the following sites are most appropriate locations within the Township for the placement of commercial antennas based on concerns of land use, structural safety, aesthetics and all other applicable considerations: municipally owned lands.
Any individual, partnership, corporation or other entity desiring to construct, erect or install a commercial antenna is hereby required to obtain site plan approval by the Planning Board of the Township of Washington and approval from such other municipal agencies as have jurisdiction in accordance with the Municipal Land Use Law[1] and all other laws, ordinances, rules and regulations. This chapter shall in no way restrict or limit the powers or discretion of the Township of Washington Planning Board or Township of Washington Zoning Board of Adjustment in reviewing site plan applications otherwise granted under law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Amended 12-5-2011 by Ord. No. 11-17]
Any antenna erected pursuant to this chapter shall be subject to the following:
A. 
The height of the antenna from ground level, inclusive of its mounting device, commonly known as a "tower," shall be no greater than 125 feet. As used herein, the term "ground level" shall mean the elevation obtained by averaging the existing ground elevation adjacent to the tower at four points around the base of the foundation of the tower 90° apart. The foundation of the tower shall not extend above the ground level by three feet at any point.
Not more than one tower shall be located on each site. A single tower may have not more than five commercial antennas carriers utilizing the same, not more than 15 antennas shall be installed on a single tower.
Any antenna erected or offered pursuant to this chapter may be adequately screened so as to prevent the same from interfering with the general character of the surrounding lands. The screening may be required so long as it does not interfere with the operation of the antenna. The tower and the antennas may be properly screened to blend into the surrounding area and skyline. Screening methods shall include but not be limited to painting, landscaping, selection of antenna materials and design. Security fencing may be required to be placed around the base of the antenna and its mounting device.
If any section, part of any section or clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the remaining provisions of this chapter. The Township Council declares that it would have passed the chapter and each section and subsection thereof irrespective of the fact that any of the subsections, clauses or phrases may be declared unconstitutional or invalid.