Village of Ridgefield Park, NJ Article VIII

§ 96-8 Regulations Governing Certain Conditional Uses.

§ 96-8.1 Churches and other houses of worship.

A. Churches and other houses of worship shall be conditional uses in the following zones:

(1) The R-1 Zone.

(2) The R-2 Zone.

(3) The R-3 Zone.

(4) The R-4 Zone.

(5) The C-1(H) Zone.

(6) The C-2 Zone.

(7) The C-3 Zone.

B. The following conditional use standards shall be applicable to churches and other houses of worship as noted in Schedule 1 herein.[1]

[1] Editor's Note: Schedule 1 is included at the end of this chapter.

§ 96-8.2 Essential services: public utilities.

All public services shall be connected to approved public utilities systems where they exist. The distribution supply lines and service connections shall be installed underground, except that lots which abut streets with existing overhead electric or telephone lines may be supplied from those overhead lines, but the service connections shall be installed underground. Should a road widening or extension of service occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

§ 96-8.3 Public utilities: enclosed or permanent structures.

A. Public utility services. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area and water pumping stations in R Districts, and shall be subject to the following regulations:

(1) Such facilities shall not be located on a residential street, unless no other site is available, and shall be so located to draw a minimum of vehicular traffic to and through such streets.

(2) The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.

(3) Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with § 96-6.11.[1]

[1] Editor's Note: So in original.

§ 96-8.4 Essential services: open utilities, public utilities.

A. Such uses shall be limited to the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead electrical, gas, television, cable systems, water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by such public utility or municipal or other governmental agencies or for the public health and safety or general welfare, but not including buildings. Open essential services shall not include any human or animal fecal matter or material.

B. Landscaping requirements and performance standards established in §§ 96-6.11[1] and 96-8 shall be adhered to.

[1] Editor's Note: So in original.

§ 96-8.5 Floodplain regulations.

A. The purposes of this section are to implement the land use regulations of the New Jersey Department of Environmental Protection for floodways and flood-fringe areas; to discourage construction and regrading in flood hazard areas; to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass and to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in flood hazard areas.

B. The flood hazard design elevation shall be shown on the plat based upon stream encroachment line data from the Division of Water Resources or the flood elevation based on a one-hundred-year storm frequency. At the expense of the landowner, the precise location of the floodway and flood-fringe area may be determined by field survey and shall be marked on the ground and on the plat. Where state or federal agencies delineate by contours the flood hazard design elevation, said report shall be the delineated flood hazard area as if published in this chapter.

C. No improvement in a floodway shall be permitted unless it is a permitted use, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources.

D. No improvement in a flood-fringe portion of the flood hazard area shall be permitted unless it is a permitted use and plat approval has been granted.

E. Permitted uses in a flood-fringe area shall be as follows, provided that they are permitted uses in the district in which they are located:

(1) Industrial/commercial lawns; loading areas and parking areas.

(2) Golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping facilities, and open space uses such as hiking trails.

(3) Residential lawns, gardens, parking areas and play areas.

(4) Public lawns, parking areas, play and recreation areas.

F. The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low-flood-damage potential, does not obstruct flood flows or increase flood heights and/or velocities, has no floor level less than one foot above the flood hazard design elevation, does not adversely affect the water-carrying capacity of any floodway and/or channel, does not increase local runoff and erosion, does not require channel modification or relocation, does not require fill or the erection of structures, and does not include the storage of equipment and materials.

§ 96-8.6 Service stations.

A. No gas station shall have an entrance or exit for vehicles within 200 feet along the same side of a street of any school, park, playground, church or other house of worship, library or other public building or institution.

B. There shall be a minimum of 1,500 feet between a gas station along the same side of any street or highway. The distance shall be measured along the shortest street or highway between the nearest portions of the property lines of the two lots in question.

C. No gas station shall be permitted where any oil draining pit or visible appliance for any purpose, other than gas pumps and air pumps, is located within 30 feet of any front lot line or within 75 feet of any residential district. All such appliances or pits, other than gas and air pumps, shall be within a building. Gasoline and air pumps shall be permitted within the required front yard space for gas stations, both shall be no closer than 20 feet to the front lot line.

D. No junkyards or premises used for storage of junked motor vehicles or vehicles incapable of normal operation shall be permitted at gas station or repair garages within the Village of Ridgefield Park. It shall be deemed prima facie evidence of violation of this chapter if more than three motor vehicles incapable of operation are located at any one time upon any premises not within a closed and roofed building and if any scrap metal or other junk is stored upon any premises. Nothing within a closed and roofed building, excepting, however, that a number not exceeding six motor vehicles may be located upon any gas station or repair garage premises outside of a closed or roofed building for a period of time to exceed 48 hours and provided said vehicles are awaiting repair by the owners thereof.

§ 96-8.7 Motor vehicle body repair shops.

All motor vehicle body shops shall comply with the following requirements:

A. Only one such principal use shall be permitted on a lot, which lot shall have a minimum lot area of at least 200% greater than the minimum required lot area of the zone district in which it is located.

B. All property boundaries shall have a densely landscaped buffer at least 10 feet wide. Buffers adjacent to any residential district shall have a minimum width of 25 feet and shall be suitably fenced.

C. All garage door or interior bay access shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

D. Motor vehicles under repair shall be kept either within the principal building or outside within a fenced and screened compound. No vehicle shall remain on site for more than 30 days.

E. Improved lot coverage, including paved areas, used parts and scrap storage shall not exceed 50% of the total lot area.

F. Building coverage shall not occupy more than 20% of the total lot area.

G. Additional parking spaces shall be provided on site as follows: one space for each employee and two spaces for customer estimates and 10 spaces for vehicles that are being repaired.

§ 96-8.8 Wireless telecommunications.

[Added 11-25-2003 by Ord. No. 03-7]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting 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, and interconnect in the cabling runs and their support structures.

ANTENNA

Any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communications 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.

BUFFER AREA

The area surrounding telecommunications towers and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.

CARRIER

A company that provides wireless services.

CO-LOCATION

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.

FALL ZONE

The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

FCC

The Federal Communications Commission.

FUNCTIONALLY EQUIVALENT SERVICES

Cellular radio, personal communications service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.

GUYED TOWER

A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.

HEIGHT

When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an 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 structure or surface upon which antennas are mounted, including the following three types of mounts:

(1) Building-mounted. Mounted on the roof or the side of the building.

(2) Ground-mounted. Antenna support (tower) mounted on the ground.

(3) Structure-mounted. Mounted on or in a structure other than a building.

PERSONAL WIRELESS SERVICE FACILITY

A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna which has been lawfully erected prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

RADIO FREQUENCY (RF) ENGINEER

An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

RADIO FREQUENCY RADIATION (RFR)

The emissions from personal wireless service 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").

TELECOMMUNICATIONS FACILITY

A facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.

TELECOMMUNICATIONS OR TRANSMISSION TOWER

The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.

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 (ESMR), paging, and similar amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

B. Purpose and intent.

(1) The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to:

(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(b) Encourage the location of towers on municipally owned property where appropriate or in other nonresidential areas;

(c) Minimize the total number of towers throughout the community;

(d) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

(e) Encourage the use of existing buildings, telecommunications towers, light or utility poles and/or towers, or water towers as opposed to construction of new telecommunications towers;

(f) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

(g) Ensure that all telecommunications facilities, including towers, antennas and ancillary facilities, are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to 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;

(h) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

(i) Consider the public health and safety of telecommunications towers; and

(j) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

(2) In furtherance of these purposes, the Village of Ridgefield Park shall give due consideration to the Village Master Plan, Zoning Map,[1] existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

[1] Editor's Note: The Zoning Map is included at the end of this chapter.

C. Applicability.

(1) New towers and antennas. All new telecommunications towers or antennas in the Village of Ridgefield Park shall be subject to these regulations.

(2) Preexisting towers or antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections J and K, absent any enlargement or structural modification or the addition of any antennas.

(3) District height limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed and antennas that are installed at a height in excess of the height limitations specified for each zoning district.

(4) Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructed towers and/or antennas shall be treated as engaging in a conditional use under this section.

(5) 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.

(6) Satellite dish antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.

D. General requirements.

(1) Principal or accessory use. Notwithstanding any other land use 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; otherwise the use shall be considered accessory.

(2) Leased area. For purposes of determining whether the installation of a tower or antenna complies with zone regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located on lease parcels within such lot.

(3) 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 section shall bring such towers and antennas into compliance with such revised standards and regulations within 90 days 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 shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(4) Building codes; 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 and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Village of Ridgefield 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 such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(5) Nonessential services. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or provided utilities.

(6) Inventory of existing structures. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of all existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Village of Ridgefield Park or within three miles of the border thereof, including specific information about the ownership, location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Village of Ridgefield 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.

(7) Co-location required. The Village of Ridgefield Park mandates that carriers co-locate antennas on towers and other structures whenever possible. See Subsection G for co-location requirements.

(8) Conditional use. All telecommunications facilities in the Village of Ridgefield Park shall be conditional uses in accordance with N.J.S.A. 40:55D-67.

(9) Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Village of Ridgefield Park, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.

(10) County planning board approval. All site plans for new telecommunications towers or antennas located along county roads shall be submitted to the Bergen County Planning Board for review.

E. Use regulations.

(1) Conditional use. Wireless telecommunications facilities are permitted as conditional uses:

(a) On lands owned by the Village of Ridgefield Park in the I-2 Zone west of Industrial Avenue.

(b) In the I-2 Zone west of Industrial Avenue.

(2) Conditional use standards. Wireless telecommunications facilities may be permitted on the above-referenced lands, provided that:

(a) The minimum lot size on which the telecommunications facility is to be located is at least one acre in area.

(b) Lattice towers and any type of guyed tower are prohibited.

(c) Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:

[1] For a single carrier, up to 90 feet in height; and

[2] For up to four carriers, up to 130 feet in height.

(3) Factors considered in granting conditional use permits.

(a) In addition to the above standards, the approving board shall consider the following factors in determining whether to issue a conditional use permit:

[1] Proximity of the tower to residential structures and residential district boundaries;

[2] Nature of uses on adjacent and nearby properties;

[3] Surrounding topography;

[4] Surrounding tree coverage and foliage;

[5] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs, which are encouraged;

[6] Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures; and

[7] Availability of proposed tower to other potential carriers.

(b) This list is considered to be illustrative in nature and may not include all factors to be considered.

F. Site design standards. The following site design standards shall apply to wireless telecommunications facilities.

(1) New towers.

(a) Telecommunications towers may not be located closer than 200 feet to any residential zone or within 500 feet of any public or private school. Towers or antennas presently located on preexisting buildings or structures are exempt from this requirement.

(b) Fall zone. A fall zone shall be established such that the tower is set back 75% of the height of the tower from any adjoining lot line or nonappurtenant building.

(c) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height. Towers shall also be equipped with appropriate anticlimbing measures.

(d) Landscaping. The following requirements shall govern the landscaping of surrounding towers:

[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.

[2] In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced, at the sole discretion of the approving authority.

[3] 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 a sufficient buffer.

(e) Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.

(f) 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, 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.

(g) Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the approving board as part of the site plan application:

[1] The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building; and

[2] No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(h) Signs. No signs are permitted on any tower or antenna within the Village of Ridgefield Park except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA), or by law, such as warning and equipment information signs.

(2) Antennas mounted on existing structures or rooftops.

(a) Antennas on existing structures. Any antenna which is not attached to a tower may be attached to an existing business, industrial, office, utility or institutional structure in the 1-2 Zone west of Industrial Avenue.

[1] Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure, nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may be located on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.

[2] The antenna complies with all applicable FCC and FAA regulations.

[3] The antenna complies with all applicable building codes.

[4] The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned 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. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.

(b) Aesthetics. 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.

(c) Antennas on existing towers. An antenna may be attached to a preexisting tower in a nonresidential zone 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 such co-location is accomplished in a manner consistent with the following:

[1] A tower 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, unless reconstruction as a monopole is proposed.

[2] An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

[3] On-site location.

[a] A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location.

[b] After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.

(d) Antennas on existing structures or towers. No antennas shall be located on any existing structures or towers if they are within 500 feet of a public school or a private school.

G. Co-location requirements.

(1) The Village of Ridgefield Park requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good-faith effort to co-locate with other carriers. Such good-faith effort includes:

(a) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;

(b) Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county; and

(c) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location.

(2) In the event that co-location is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Village. The Village may retain a technical expert in the field of RF engineering to verify if co-location at the site is not feasible or is 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 Village may deny approval to an applicant that has not demonstrated a good-faith effort to provide for co-location.

(3) If the applicant does not intend to co-locate or to permit co-location, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out, shall be submitted and must also include RF design data.

H. Location priorities. Wireless telecommunications facilities shall be located and approved in accordance with the following prioritized locations:

(1) The first priority shall be for new towers or antennas on land or buildings owned by the Village of Ridgefield Park west of Industrial Avenue.

(2) The second priority shall be for antennas on existing buildings in the I-2 Zone west of Industrial Avenue not owned by the Village of Ridgefield Park.

(3) The third priority shall be for new towers and shall be on lands not owned by the Village of Ridgefield Park located within the I-2 Zone west of Industrial Avenue.

I. Site plan submission requirements. In addition to the site plan submission requirements of the development regulations, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:

(1) Comprehensive service plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosed related electronic equipment) has been planned to result in the fewest number of towers within the Village of Ridgefield Park, at the time full service is provided by the applicant throughout the Village the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Village, and to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Village of Ridgefield Park. The comprehensive service plan shall indicate the following:

(a) Whether the applicant's subscribers can receive adequate service from antennas located outside the borders of the Village of Ridgefield Park.

(b) How the proposed location of the antennas relates to the location of any existing towers within and/or near the Village of Ridgefield Park.

(c) How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Village of Ridgefield Park by both the applicant and by other providers of telecommunications services within the Village of Ridgefield Park.

(d) How the proposed location of the antennas relates to the objectives of co-locating the antennas of different service carriers on the same tower.

(e) How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Village of Ridgefield Park while, at the same, limiting the number of towers to the fewest possible.

(2) 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 when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.

(3) Legal description of the entire tract and leased parcel (if applicable).

(4) The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties and public and private schools.

(5) The separation distance from other towers and antennas.

(6) A landscape plan showing specific landscape materials, including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.

(7) Method of fencing and finished color and, if applicable, the method of camouflage.

(8) A description of compliance with all applicable federal, state or local laws.

(9) A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

(10) Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Village.

(11) A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in a form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.

(12) A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier, with review and approval by the approving board or designee, to ensure that various potential views are represented.

(13) An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:

(a) Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.

(b) Be performed by an RF engineer, health physicist or similarly knowledgeable individual.

(c) Follow current methods recommended by the FCC for performing such analyses.

J. Monitoring and maintenance.

(1) Measurements.

(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 communications facility. Such measurements shall be signed and certified by an RF engineer, stating the RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this section.

(b) A copy of the annual measurements referred to in Subsection J(1)(a) shall be provided to the Building Department of the Village of Ridgefield Park within 10 days after its completion by the applicant on a yearly basis.

(2) 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 banner, and maintenance of the buffer areas and landscaping.

K. Abandonment or discontinuation of use.

(1) At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Village 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.

(2) 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:

(a) Removal of monopoles, antennas, mount, equipment shelters and security barriers from the subject property.

(b) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.

(c) 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.

(3) If a carrier fails to remove a personal wireless service facility in accordance with this section, the Village shall have the authority to enter the subject property and physically remove the facility. The approving board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the Village must remove the facility.

(4) The Village Engineer shall be provided with a copy of the application by the applicant at the time of the filing of the application with the Zoning Officer to estimate the cost of the removal of the facility in the event it is abandoned, which estimate shall be promptly furnished by the Village Engineer to the Building Department to determine the amount of the bond referred to in Subsection K(3) above and to the board considering the application.

L. Violations and penalties.

(1) Any person or entity who violates any provision of this section shall be punished by a fine not exceeding $1,000 or by imprisonment in a place provided by the municipality for the detention of prisoners not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this section within one year of the date of a previous conviction of the same section, and who was fined for a previous violation or was sentenced to a term in jail or to community service, shall be fined by the court to an additional fine or jail sentence or community service as a repeat defender. The additional penalty shall not be less than $100 and shall not exceed the sum of $1,000 or imprisonment for a term not to exceed 90 days, or the person may be required to perform community service for a term not to exceed 90 days.

(2) In the event a person cannot pay the fine, the court may provide, in default of the payment of the fine, imprisonment in the county jail for a term not to exceed 90 days. The person may be required to perform 90 days of community service. All penalties for a violation of this section shall be in accordance with N.J.S.A. 40:49-5 and the Code of the Village of Ridgefield Park. In addition to the foregoing penalties, the municipality may enforce this Act for any violation of this section in accordance with N.J.S.A. 40:55D-18, which action shall be in the Superior Court of the State of New Jersey. Each day a provision of this section is violated shall constitute a separate and distinct violation.