Borough of Highland Park, NJ
Middlesex County
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Table of Contents
Table of Contents
[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:
ANTENNA
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.
APPROVING AUTHORITY
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.
BACKHAUL NETWORK
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.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
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.
STEALTH TOWER STRUCTURE
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.
TOWER
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.
WIRELESS ANTENNA/TOWER HEIGHT
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.
WIRELESS TELECOMMUNICATIONS
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.
C. 
Preexisting towers or antennas. Preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of § 230-162F and G, absent any enlargement or structural modification or the addition of any structures.
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.
(g) 
Buildings or other equipment storage must comply with § 230-165.
(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.
(b) 
Height. The maximum height of new towers shall be:
[1] 
For a single user: up to 75 feet.
[2] 
For two or more users: up to 100 feet in height.
(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.
(7) 
A description of compliance with § 230-162C, D, E, F, G, I, J, K and L and all applicable federal, state or local laws.
(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.
Enforcement of §§ 230-166 through 230-169 shall be the responsibility of the Borough of Highland Park Construction Official.