[Added 11-26-2002 by Ord. No. 1594]
A.
The purpose of this article is to establish general
guidelines for the siting of wireless telecommunications towers and
antennas.
B.
The goals of this article are to:
(1)
Protect residential areas and land uses from
the adverse impacts of towers and antennas.
(2)
To the extent towers are proven necessary, require
their location in nonresidential areas.
(3)
Minimize the total number of towers throughout
the community.
(4)
Require the joint use of new and existing tower
sites as a primary option rather than construction of additional single-use
towers.
(5)
Require users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(6)
Require users of towers and antennas to construct
and 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.
(7)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(8)
Seek to protect the public health and safety.
(9)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
C.
In furtherance of these goals, the Borough of Highland
Park shall give due consideration to the Borough of Highland Park's
Master Plan, Zoning Map, existing land uses and environmentally sensitive
areas in approving sites for the location of towers and antennas.
D.
This article further seeks to comply with the mandate
of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7),
which preserves local government authority to manage cellular and
other wireless telecommunications services and to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics.
E.
This article expressly recognizes that wireless telecommunications
facilities are not inherently beneficial uses and that the facility
use must be particularly suited for the proposed site.
As used in this article, the following terms
shall have the meanings set forth below:
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, wireless telecommunications signals or other communications
signals.
The Planning Board with respect to conditional use permits
and variance requests pursuant to N.J.S.A. 40:55D-70c; the Zoning
Board of Adjustment with respect to variance requests pursuant to
N.J.S.A. 40:55D-70d(1), (3) or (6); or the Zoning Officer for permitted
uses.
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.
The Federal Aviation Administration.
The Federal Communications Commission.
Any tower or antenna for which a building permit or other
permit has been properly issued prior to the effective date of this
article, including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired,
and including any tower or antenna that is on property owned, leased
or otherwise controlled by the Borough of Highland Park.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar wireless telecommunication purposes, including self-supporting
lattice 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 support thereto.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
Any personal wireless services as defined in the Telecommunications
Act of 1996, which includes FCC-licensed commercial wireless telecommunications
services, including cellular, personal communication services, specialized
mobile radio, enhanced specialized mobile radio, paging and similar
services that exist or that may be developed in the future.
A.
New towers and antennas. All new towers or antennas
in the Borough of Highland Park shall be subject to these regulations,
except as provided in paragraphs b. through d., inclusive.
B.
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.
D.
Satellite dish antennas. This article shall not govern
any parabolic satellite antennas.
A.
Principal or accessory use. Antennas and towers may
be considered either principal or accessory uses. Notwithstanding
any other Borough land development 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.
B.
Inventory of existing sites. Each applicant for an
antenna and/or tower shall provide to the approving authority an inventory
of its own and other operators' existing towers and antennas, or sites
approved for towers or antennas, that are either within the jurisdiction
of the Borough of Highland Park, any adjacent municipality, or within
two miles of the Borough of Highland Park, including specific information
about the location, height and design of each tower. The Zoning Officer
may share such information with other applicants applying for administrative
approvals or permits under this article or other organizations seeking
to locate antennas within the jurisdiction of the Borough of Highland
Park; provided, however, that the Zoning Officer is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable.
C.
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 or the Borough,
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, and shall be located
out of public view behind existing structures, buildings or terrain
features which will shield the buildings and related structures from
view.
(3)
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.
D.
Lighting. Towers shall not be artificially lighted,
unless required by the FAA. It is the intent of the Borough that towers
shall not exceed FAA height standards that would require lighting.
If lighting is required, the lighting alternatives and design chosen
must cause the least disturbance to the surrounding views.
E.
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 article shall bring such towers and antennas into compliance
with such revised standards and regulations within six months 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 within 30 days shall mean that
the Borough may avail itself of any and all legal or equitable remedies,
including the removal of the tower or antenna at the owner's expense
or revocation of the certificate of occupancy.
F.
Building codes and 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, as amended
from time to time. If, upon inspection, the Borough of Highland Park
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 towers and antennas into compliance with such codes and standards
within 30 days shall mean that the Borough may avail itself of any
and all legal or equitable remedies, including the removal of the
tower or antenna at the owner's expense or revocation of the certificate
of occupancy.
G.
Nonessential services or inherently beneficial uses.
Towers and antennas shall be regulated and permitted pursuant to this
article and shall not be regulated or permitted as inherently beneficial
uses, essential services, public utilities or private utilities.
H.
Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communications system in the Borough
of Highland Park have been obtained and shall file with its application
a copy of all required franchises with the Zoning Officer.
I.
Public notice. For purposes of this article, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 230-164D, Table I, in addition to any notice otherwise required by the Land Development Ordinance. Notice shall also be required to be posted in a visible location inside any building proposed for rooftop installation of antennas or related ancillary equipment.
J.
Signs. No signs shall be allowed on an antenna or
tower.
K.
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 230-165.
L.
Multiple antenna/tower plan. The Borough of Highland
Park mandates the users of towers and antennas to co-locate antennas
where technically, practically and economically feasible. Applications
for approval of co-location sites shall be given priority in the review
process.
A.
General. The uses listed in this section are deemed
to be permitted uses and shall not require a conditional use permit
or variance application.
B.
Permitted uses. The following uses are specifically
permitted:
(1)
Antennas or towers located on property owned,
leased or otherwise controlled by the Borough of Highland Park, provided
that:
(a)
A license or lease authorizing such antenna
or tower has been approved by the Borough of Highland Park. However,
the Borough may, as a condition of such lease, require site plan approval.
The decision to extend such leases to an applicant shall be vested
solely with the municipality and shall not be governed by this article.
The Borough, in its absolute discretion, reserves the express right
to deny all use of its property for antennas or towers. Preexisting
towers and antennas are exempt from the application of this subsection.
(b)
Said Borough-owned or -leased lands are not
formally designated for recreational purposes by the Borough Council
and are not listed on the Borough's Green Acres Inventory.
(c)
Security fencing. Towers shall be enclosed by
security fencing not less than eight feet in height and shall also
be equipped with appropriate anticlimbing measures.
(d)
Landscaping. Tower facilities shall be landscaped
with a buffer of plant materials that effectively screens the view
of the tower compound from adjacent properties. The standard buffer
shall consist of a landscaped evergreen strip at least 10 feet wide
outside the perimeter of the compound. Vegetation at time of planting
shall be at least six feet in height and at least 10 feet in height
at maturation.
[1]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
[2]
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 sufficient buffer.
(2)
Any antenna which is not attached to a tower
may be attached to any existing building owned or leased by the Borough
of Highland Park, provided that:
(a)
The antenna does not exceed eight feet above
the roof parapet of the building upon which the antenna is located.
(b)
The antenna complies with all applicable FCC
and FAA regulations.
(c)
The antenna complies with all applicable building
codes.
(d)
The antenna design shall minimize visual impacts
through use of radio transparent screening designed to match the building
facade to make the antennas the least visually intrusive to adjacent
properties.
(e)
Cable design. Rooftop installations shall be
designed to minimize tripping hazards on walking/working surfaces.
(f)
Certification by a structural engineer of the
building's ability to support the weight of the antennas and all accessory
equipment and structures.
A.
The following uses may be approved by the applicable
approving authority as conditional uses.
(1)
Antennas on existing towers consistent with
the terms below.
(a)
An antenna may be attached to an existing tower
in the LI District and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, co-location of antennas
by more than one carrier on existing towers shall take precedence
over the construction of new towers, provided that such co-location
is accomplished in a manner consistent with the following:
[1]
A tower or structure which is modified or reconstructed
to accommodate the co-location of an additional antenna shall be of
the same tower type as the existing tower or structure, unless the
approving authority allows reconstruction as a monopole.
[2]
Height. An existing tower may be modified or rebuilt to a greater height not to exceed the maximum tower height established by this article. The additional height shall not require an additional distance separation as set forth in Subsection D(1). The tower's premodification height shall be used to calculate such distance separations.
(2)
New antennas may be mounted on rooftops of existing
structures within the LI District, consistent with the following standards:
(a)
The antenna does not exceed eight feet above
the roof parapet of the building upon which the antenna is located.
(b)
The antenna complies with all applicable FCC
and FAA regulations.
(c)
The antenna complies with all applicable building
codes.
(d)
The design shall minimize visual impacts through
use of radio transparent screening panels designed to match the building
facade to make the antennas the least visually intrusive to adjacent
properties.
(e)
Design of ancillary equipment shall incorporate
noise attenuation for noise produced by emergency generators installed
to provide power to the facility in emergency situations.
(f)
Cable design. Rooftop installation shall be
designed to minimize tripping hazards on walking/working surfaces.
(3)
New towers in the LI District.
(a)
Setbacks. The following setback requirements
shall apply to all towers:
[1]
Towers must be set back a distance of 50 feet
from any adjoining lot line and all nonappurtenant buildings.
[2]
Towers must be set back a distance of 100 feet
from existing residential uses.
[3]
Accessory buildings must satisfy the minimum
zoning district yard setback requirements.
[4]
No tower shall exist within required buffer
if adjacent to residential zones.
(c)
Security fencing. Towers shall be enclosed by
security fencing not less than eight feet in height and shall also
be equipped with appropriate anticlimbing measures.
(d)
Landscaping and noise attenuation. The following
requirements shall govern the landscaping and noise attenuation surrounding
towers and tower fencing for which a conditional use permit is required.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from adjacent
properties. The standard buffer shall consist of a landscaped evergreen
strip at least 10 feet wide outside the perimeter of the compound.
Vegetation at time of planting shall be at least six feet in height
and at least 10 feet in height at maturation. Noise attenuation shall
be provided to minimize the effects of noise produced by emergency
generators installed to provide backup power service in emergency
situations.
[1]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced.
[2]
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 sufficient buffer.
B.
Submission checklist for new antennas on existing structures and new towers. In addition to any other site plan requirements required for applications for conditional use permits pursuant to Article X of this chapter, applicants for a conditional use permit or a variance for a tower shall submit the following checklist requirement information to the approving authority, upon which submission of its application may be deemed complete:
(1)
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 adjacent to other municipalities), Master Plan recommendation for the site and all properties within the applicable separation distances set forth in Subsection D(1), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, location of fiber-optic cable, parking and other information deemed by the approving authority to be necessary to assess compliance with this article.
(2)
A legal description of the entire tract and
leased parcel (if applicable).
(3)
The setback distance between the proposed tower
and the nearest residential unit and residentially zoned properties.
(4)
The separation distance from other towers/structure-mounted antennas described in the inventory of existing sites submitted pursuant to Subsection D, Table I, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s)/antennas, if known.
(5)
A landscape plan showing specific landscape
materials, including species type, size, spacing and existing vegetation,
to be removed or retained.
(6)
Method of fencing and finished color and, if
applicable, the method of camouflage.
(8)
A statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(9)
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other cellular sites owned or operated by the applicant in the municipality.
(10)
A description of the suitability or nonsuitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
(11)
A description of the feasible location(s) of
future towers or antennas for the applicant within the Borough of
Highland Park, based upon existing physical, engineering, technological
or geographical limitations, in the event that the proposed tower
is erected.
(12)
A visual study, including photographic or topographic
plans such as balloon or crane tests, depicting where, within a one-mile
radius, any portion of the proposed tower/antennas could be seen.
At its discretion, the approving authority may require the applicant
to conduct either a balloon test or a crane test at the applicant's
expense. If required, such test shall be scheduled with the approving
authority for a time which is convenient to its members and the public
and which will be sufficiently in advance so as to allow adequate
notification of the public.
(13)
A letter of commitment to lease space to other
potential users at prevailing market rates and conditions. The letter
should set forth the percent of total space available for lease. 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, property owner and successors in interest.
(14)
An agreement by the tower/structure owner that
other wireless telecommunications providers will be permitted to co-locate
on the proposed tower/structure within the limits of structural and
radio frequency engineering requirements.
(15)
Documentary evidence by a licensed professional
in the State of New Jersey regarding the need for the tower, which
information shall identify the existing wireless network layout and
existing coverage areas to demonstrate the need for the new tower
at a particular location within the Borough. The evidence shall include
an analysis of the alternative technology available and of suitable
sites thereof. The evidence shall include a radio frequency engineering
analysis of the search area for the tower.
(16)
Elevations of the tower/rooftop and accessory
structure, depicting all proposed antennas, platforms, finish materials
and all other accessory equipment.
(17)
Applications shall be referred to the Fire Chief
for approval of an emergency access plan prior to issuance of zoning
permit/certificate of occupancy.
C.
Availability of suitable existing towers, other structures
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the approving
authority that no existing tower structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the approving authority related to the availability of
suitable existing towers, stealth tower structures, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(1)
No existing towers or structures are located
within the geographic area which meet the applicant's engineering
requirements.
(2)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
(4)
The applicant's proposed antenna would cause
unacceptable electromagnetic interference with the antennas on the
existing towers or structures that cannot be remedied, or the antennas
on the existing towers or structures would cause unacceptable interference
with the applicant's proposed antenna.
(5)
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable;
costs exceeding new tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable; costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
D.
Separation distances between towers.
(1)
Separation distances between towers shall be
applicable for and measured between the proposed tower and preexisting
towers. The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances are shown in Table I.
|
Table I
| ||||
|---|---|---|---|---|
|
Separation Distances Between Towers
| ||||
|
Lattice
(linear feet)
|
Monopole 100 feet or Greater in Height
(linear feet)
|
Monopole Less Than 100 feet in Height
(linear feet)
| ||
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole less than 100 feet
|
750
|
750
|
750
| |
E.
General requirements. The following provisions shall
govern the issuance of conditional use permits or variances for towers
or antennas by the approving authority:
(1)
If the tower or antenna is not a permitted use under § 230-163, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
(2)
Applications for variances and conditional use permits under this subsection shall be subject to the procedures and requirements of Article VIII of this chapter.
(3)
In granting a conditional use permit or variance,
the approving authority may impose conditions to the extent the approving
authority concludes such conditions are necessary to minimize any
adverse effect of the proposed tower on adjoining properties.
(4)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer of the State of New
Jersey.
(5)
The tower must be designed and constructed so
as to accommodate at least two antenna arrays of separate wireless
telecommunications providers. The approving authority may require
that the tower be designed and constructed so as to accommodate up
to five antenna arrays of separate wireless telecommunications providers
where such accommodation is technically, practically and economically
feasible.
(6)
In the event that co-location is found to be
not technically feasible, a written statement of the reasons for the
infeasibility shall be submitted to the Borough Clerk and the approving
Board. The Borough may retain a technical expert in the field of RF
engineering to certify if co-location at the site is not feasible
given the design configuration most accommodating to co-location.
The cost for such a technical expert will be at the expense of the
applicant. The Borough may deny approval to an applicant that has
not demonstrated a good faith effort to provide for co-location.
A.
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(1)
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height.
(2)
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 and shall be screened from view utilizing architectural treatments
and designs.
(3)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(4)
The applicant shall provide testimony from a
professional engineer that the roof can support the weight of the
cabinet and any proposed structures.
B.
For antennas located on towers, the related unmanned
equipment structure shall not contain more than 200 square feet of
gross floor area or be more than 10 feet in height in the case of
a flat roof or 12 feet in height in the case of a gabled roof, and
shall be located in accordance with the minimum accessory structure
requirements of the zoning district in which located.
C.
Structures or cabinets shall be screened from view
of all properties which abut or are directly across the street from
the structure or cabinet by a security fence eight feet in height
and an evergreen hedge with an ultimate height of 10 feet and a planted
height of at least six feet.
D.
Where antennas, parapet walls and/or other structures
are proposed to be installed on the roof of a building, the applicant
shall provide plans sealed by a structural engineer which certify
the building's ability to support the weight of the antennas and all
accessory equipment and structures, as well as certification as to
condition of the rooftop, in particular that there is no leakage and
that improvements will not result in leakage.
A.
Any antenna or tower that is not operated for a continuous
period of six months shall be considered abandoned, and the owner
of such antenna or tower shall remove the same within 90 days of receipt
of notice from the Borough of Highland Park notifying the owner of
such abandonment. Towers that are rendered obsolete or outdated by
advances in technology shall be removed or modified. Failure to remove
an obsolete, outdated or abandoned antenna or tower within said 90
days shall be grounds for the Borough to require removal of the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. The Borough may condition the
issuance of any permit to construct a tower or antenna on the posting
of an appropriate performance bond or other suitable guarantee in
a face amount of not less than 120% of the cost to remove the tower
and restore the property, as determined by the Borough Engineer for
such construction as required under all applicable Borough ordinances.
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation distance requirement specified in § 230-164D, Table I. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 230-169.
A.
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 an RF
engineer, stating that RFR measurements are accurate and meet FCC
guidelines as specified in the radio frequency standards section of
this chapter. If the facility causes interference with residential
and business uses, the operator shall take measures to identify and
eliminate interference.
B.
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, fencing and parking areas, etc.
A.
At such time that a licensed carrier plans to abandon
or discontinue operation of a personal wireless service facility,
such carrier shall notify the Borough Clerk by certified U.S. 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.
B.
Upon abandonment or discontinuation of use, at the
option of the Borough, 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 be limited to:
(1)
Removal of antennas, mount, equipment shelters
and security barriers for the subject property.
(2)
Proper disposal of the waste materials from
the site in accordance with local, county and solid waste disposal
regulations.
(3)
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.
C.
If a carrier fails to remove a personal wireless service
facility in accordance with this section, the Borough 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
individual personal wireless service facility and site restoration
in the event the Borough must remove the facility.
