As used in this article, the following terms
shall have the meanings set forth below:
ALTERNATIVE 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, and similar alternative-design
mounting or stealth structures that camouflage or conceal the presence
of antennas or towers.
ANCILLARY FACILITIES
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
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, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communication signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
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.
COLLOCATION
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GUYED TOWER
A tower that is supported or braced through the use of cables
(guy wires) that are permanently anchored.
HEIGHT
When referring to a tower or other structure the distance
measured from the lowest finished grade of the parcel to the highest
point on the tower or other structure, including the base pad and
any antenna.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
MONOPOLE
The type of tower that is self-supporting with a single shaft
of wood, steel, or concrete and a platform (or racks) for panel antennas
arrayed at the top.
MOUNT
The surface or structure upon which antennas are mounted,
including the following three types of mounts:
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or conditional
use 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 has not
expired.
RADIO FREQUENCY RADIATION (RFR)
The emissions from wireless telecommunications facilities
or any electromagnetic energy within the frequency range from 0.003
MHZ to 300,000 MHZ.
STEALTH DESIGN
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed 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 COMMUNICATIONS
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services, including cellular, personal
communications 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 operator or is exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
[Amended 11-10-2008 by Ord. No. 3166-08]
Towers and antennas shall not be permitted,
except by conditional use permit.
Any antenna or tower that is not operated for a continuous period of 12 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 Rutherford notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove 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 demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in the face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough Ordinances, including but not limited to Chapter
78, Property Maintenance.
Rebuilding damaged or destroyed nonconforming
towers or antennas. Nonconforming towers or antennas that are damaged
or destroyed may not be rebuilt without having to first obtain administrative
approval or a conditional use permit and without having to meet the
separation requirements specified herein. 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.
The Planning Board or Zoning Board may, as it
deems appropriate, retain technical consultants as it deems necessary
to provide assistance in the review of the site location alternatives
analysis. The service provider shall bear the reasonable cost associated
with such consultation, which cost shall be deposited in accordance
with the borough's escrow policies.
Site plan approval by the Planning Board is
required for the installation of any wireless communications tower
and/or antenna within the municipal boundaries in all zoned districts.
Each application shall include a site plan showing the specific design,
location, size and construction of the proposed structure which shall
comply in all respects with the standards enumerated herein.
This ordinance and all of its terms and conditions,
including annual reporting and continued maintenance, shall be binding
upon the applicant, coapplicant, any legal successor in interest,
and the real party in interest.