502 Millbrook Avenue, Randolph, NJ 07869-3799
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Ordinance No. 09-12

Introduced: April 3, 2012
Public Hearing: May 3, 2012
Status: Adopted

An ordinance amending and supplementing Chapter 39, Property Maintenance Code, of the Revised Ordinances of the Township of Randolph, and the land development ordinance of the Township of Randolph, with regard to commercial communications antenna and structures designed to support or capable of supporting commercial communications antenna


WHEREAS, pursuant to N.J.S.A. 40:48-1, a municipality may make, amend, repeal and enforce Ordinances to manage, regulate and control the repair of buildings and structures within the municipality, as well as provide for the removal or destruction of any building, wall or structure which is or may become dangerous to life or health; and

WHEREAS, the Township of Randolph (“Township”) desires to supplement its existing Property Maintenance Code to include regulations addressing the maintenance and repair of structures designed to support or capable of supporting Commercial Communications Antenna (“CCA”) and establishing certain reporting requirements with regard to the same; and

WHEREAS, the Municipal Land Use Law of the State of New Jersey, N.J.S.A. 40:55D-1, et seq., grants to municipalities the power to adopt a zoning ordinance relating to the nature and extent of the use of lands, buildings and structures thereon; and

WHEREAS, the Township desires to supplement the requirements set forth in Section 15-53.5 of the Land Development Ordinance of the Township of Randolph that must be satisfied when an application is submitted for approval of CCA installations.

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Township of Randolph, County of Morris, State of New Jersey as follows:

SECTION ONE. Section 39-3, Definitions, of Chapter 39, Property Maintenance Code, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following definitions:

Antenna means a device used to transmit and/or receive radio or electromagnetic waves between earth and/or outer space based structures.

Commercial Communications Antenna (CCA) means an antenna that is intended for commercial transmission or reception of personal wireless telephone services and data communications, and including commercial mobile services communications and common carrier wireless exchange access services.

CCA Equipment means electronic and telecommunications equipment that are essential for the transmission and reception of wireless telecommunications in conjunction with antennas.

CCA Buildings means buildings used to house and shelter CCA Equipment and not otherwise intended for human occupancy other than for maintenance.

CCA Equipment Compound means a secured and fenced area intended to enclose CCA Equipment and CCA Antennas.

CCA Monopoles and Towers means vertical structures designed principally to elevate and support wireless telecommunications antennas, which is freestanding and is not attached to a building or a structure, having an independent principal purpose or function.

CCA Installations means buildings, structures, equipment, antennas and towers used for the delivery of wireless radio telecommunications through a network.

CCA Support Structure means a structure that is designed to support or is capable of supporting, and actually supports or is proposed to support, CCAs including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole or building.

SECTION TWO. Chapter 39, Property Maintenance Code, of the Revised Ordinances of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following Section:

Sec. 39-15.—CCA support structure.

A. By February 1 of each year, the owner of a CCA support structure shall submit to the Township Engineer an annual certification setting forth the following information:

1. The name, address, telephone number and e-mail address of the owner of the CCA support structure;

2. Emergency contact information (24 hour telephone number and e-mail address) for a representative of the owner of the CCA support structure;

3. The identification of the owner of any CCAs currently located on the CCA support structure, the number of CCAs located on the CCA support structure and the heights of the centerline of the CCAs located on the CCA support structure;

4. The identification of the owner of any CCAs which has approval to install additional CCAs which are not yet installed and the number and centerline height of each approved but not yet installed CCAs;

5. The height of the CCA support structure;

6. The identification of any inactive CCAs and the length of time said CCAs have been inactive; and

7. A structural integrity certification, along with an inspection report that is no more than 5 years old, stating that the CCA support structure was inspected and found to be structurally sound and in adequate condition to safely support the CCAs that are located on the CCA support structure.

B. Any CCAs that are inactive for longer than sixty (60) days shall be removed within ninety (90) days thereafter and a report must be submitted to the Township Engineer amending the annual certification to reflect the removal of these inactive CCAs. That information should further be set forth in the next Annual Certification following the removal of the inactive CCAs.

C. CCA equipment compounds shall be properly maintained with lawns, hedges and bushes kept trimmed and from becoming overgrown and unsightly where exposed to public view and all fences shall be maintained in good repair. Proper maintenance shall include the maintenance of all landscaping, fencing and requirements included in the approvals for the site.

D. CCA support structures shall be maintained in good repair and free from conditions reflective of deterioration or inadequate maintenance.

SECTION THREE. Section 15-2.2, Definitions, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following definition:

CCA SUPPORT STRUCTURE—Any structure that is designed to support or is capable of supporting, and actually supports or is proposed to support, CCAs including a monopole, self-supporting lattice tower, guyed tower, water tower, utility pole or building.

SECTION FOUR. Section 15-53.5 of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby deleted in its entirety and replaced by the following:

Sec. 15-53.5—Additional requirements.

In addition to compliance with all applicable zoning and site plan regulations, applications for approval of CCA installations and/or CCA support structure shall include the following:

A. An access driveway to safely accommodate one vehicle, as may be necessary to provide emergency and maintenance access, should be provided in a location approved by the Planning Board.

B. The color or colors of the proposed CCA, CCA monopole or tower, CCA support structure and CCA equipment shall be provided.

C. A visual impact analysis shall be provided with particular attention given to the visibility of the proposed CCA installation from key viewpoints in the neighborhood.

D. A map of existing CCA installations within the Township of Randolph which are owned, leased or otherwise under the custody, control or use of the applicant or other CCA service providers at the time of the application, and other sites within the Township of Randolph where CCA facilities are proposed or projected to be installed.

E. A certified load analysis report prepared, signed and sealed by a professional engineer, for the CCA support structure upon which the CCA is proposed to be located, indicating its ability to support existing CCAs, approved but not yet installed CCAs and proposed CCAs. The certified load analysis shall identify the owner of any CCAs currently located on or that have approval to install CCAs on the CCA support structure and identify the number and the centerline height of all existing CCAs, approved but not yet installed CCAs and proposed CCAs.

F. The reviewing board may, where appropriate, require the applicant to conduct a simulation of the visibility of the proposed CCA installation in order to better assess the visual impact of the installation.

G. A copy of the annual Certification provided to the Township pursuant to Section 39-15 of the Revised Ordinances of the Township of Randolph.

SECTION FIVE. Section 15-85.3, Site plan submission details and requirements checklist, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following checklist items:

YesNoItem #Description
  68 Submission of the most recent Annual Certification required by Section 39-15 of the Revised Ordinances of the Township, the Property Maintenance Code (where applicable)
  69 A certified load analysis report as required by Section 15-53.5.E. (where applicable)

SECTION SIX. Section 15-85.7, Use variance submission details and checklist, of the Land Development Ordinance of the Township of Randolph, Morris County, New Jersey is hereby amended by the addition of the following checklist items:

YesNoItem #Description
  37 Submission of the most recent Annual Certification required by Section 39-15 of the Revised Ordinances of the Township, the Property Maintenance Code (where applicable)
  38 A certified load analysis report as required by Section 15-53.5.E. (where applicable)

SECTION SEVEN. All Ordinances of the Township of Randolph which are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION EIGHT. This Ordinance may be renumbered for codification purposes.

SECTION NINE. If any section, subsection, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

SECTION TEN. This Ordinance shall take effect after passage and publication as soon as practicable and in the manner provided by law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Michael Guadagno, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 09-12

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending And Supplementing Chapter 39, Property Maintenance Code, Of The Revised Ordinances Of The Township Of Randolph, And The Land Development Ordinance Of The Township of Randolph, With Regard To Commercial Communication Antenna And Structures Designed To Support Or Capable Of Supporting Commercial Communication Antenna” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on April 3, 2012 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on May 3, 2012 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of the above Ordinance is to supplement the Property Maintenance Code to include regulations addressing the maintenance and repair of structures designed to support, or capable of supporting, Commercial Communications Antenna (“CCA”) and establishing certain reporting requirements with regard to the same. In addition, the purpose of the above Ordinance is to supplement the requirements set forth in Section 15-53.5 of the Land Development Ordinance of the Township of Randolph that must be satisfied when an application is submitted for approval of CCA installations.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 9:00 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey