Borough of Atlantic Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
The purpose of these provisions is to provide direction regarding the administration and application of development requirements and restrictions within the Borough's zone districts. Deviation from the standards of this article will only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70.
Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the Borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this chapter.
Except as otherwise provided in this chapter, the lawful use of the land or a building existing at the date of the adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
A. 
Reduction of use. No nonconforming lot shall be further reduced in size.
B. 
Enlargement of use. No nonconforming building or structure shall be enlarged, extended or increased unless such enlargement, extension, or increase is conforming.
C. 
Expansion of use. No nonconforming use may be expanded.
D. 
Abandonment of use.
(1) 
A nonconforming use shall be deemed to be abandoned where there is: 1) an intention to abandon, as well as 2) an external act (or omission to act) by which such intention is carried into effect.
(2) 
It shall be prima facie evidence that a nonconforming use has been abandoned when there occurs a cessation of such use on the part of a tenant or owner for a continuous period of at least one year. When a nonconforming use has been abandoned, such use shall not thereafter be reinstated and any structure shall not thereafter be reoccupied, except in conformance with this chapter.
E. 
Restoration of a structure.
(1) 
If any nonconforming structure shall be more than partially destroyed, then the structure may not be rebuilt, restored or repaired, except in conformity with this chapter.
(2) 
Destruction to the extent that rebuilding, repair or restoration requires removal or demolition of any remaining portions of the damaged part of the structure such that the only major components of the original structure utilized in such building, repair or restoration are the foundation or exterior walls shall be prima facie evidence that the structure has been more than partially destroyed.
(3) 
Nothing in this chapter shall prevent the strengthening or restoring of any portion of a structure which has been declared unsafe by the Construction Official.
F. 
Certification of preexisting nonconforming uses, buildings and structures. Upon application, the Administrative Officer (Borough Administrator) or the Planning Board may issue a certificate in accordance with Article III, § 150-10D(3), certifying the legality of a preexisting nonconforming use, building, or structure.
G. 
Alterations and additions. A nonconforming building may not be altered so as to increase in any manner the degree of nonconformance.
H. 
Reversion. No nonconforming use shall, once changed into a conforming use, be changed back to a nonconforming use.
I. 
Lots and structures.
(1) 
A nonconforming lot may not be used for any purpose unless:
(a) 
The proposed use and all existing uses is/are permitted principal or accessory use(s).
(b) 
The lot conforms to the minimum lot area requirements of this chapter.
(c) 
Other than minimum lot area, the lot conformed to the zoning standards in effect immediately prior to the adoption of this chapter.
(2) 
A nonconforming building or structure may not be enlarged, extended, increased in height, width or depth; moved or relocated; or modified in such a way so as to increase habitable or usable space, number of dwelling units or number of bedrooms; unless it is changed to conform to the requirements of this chapter except that an existing use (principal or accessory) may be enlarged, extended or added to provided:
(a) 
The proposed use and all existing use(s) is/are permitted principal or accessory use(s).
(b) 
The enlargement, extension or addition conforms to all requirements of this chapter and will not result in the creation of any nonconformity related to the lot and the aggregate of all structures or building.
(3) 
Principal or accessory buildings or structures may not be constructed on nonconforming lots and/or on lots which contain a nonconforming principal building or structure unless:
(a) 
Existing and proposed buildings or structures will be used for a permitted principal or accessory use.
(b) 
The lot conforms to the minimum lot area requirements of this chapter.
(c) 
Other than lot area, the lot conforms to the zoning standards in effect immediately prior to the adoption of this chapter.
(d) 
The new structure or building conforms to all requirements of this chapter and will not result in the creation of any nonconformity related to the lot and the aggregate of all buildings or structures.
J. 
Prior approved construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of this chapter.
K. 
District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.
A. 
On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required.
B. 
Lot lines of corner lots, that are coexistent with sidelines of abutting lots, shall be considered sidelines.
C. 
Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.
D. 
Lot lines of corner lots, that are coexistent with lot lines of adjoining corner lots, shall be considered sidelines.
E. 
Sections B, C, and D notwithstanding, each corner lot must maintain a rear yard setback for at least one yard area other than a front yard.
F. 
Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the Schedule of Zoning District Requirements, Exhibit 5-2.[1]
[1]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located 25 feet from the intersection of the street lines.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipal requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.
A. 
No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
B. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located except:
(1) 
Lots with frontage on more than one street, which are not corner lots, may have a front and rear yard designated by the owner subject to:
(a) 
If the lot contains a principal structure, the front will be considered the direction the principal structure faces.
(b) 
If the lot does not contain a principal structure and only one street frontage conforms to lot frontage requirements, the yard abutting the conforming street frontage will be considered the front yard.
(2) 
The designated rear yard of a lot with frontage on more than one street shall be considered a rear yard for the purposes of this chapter, except for the area within the depth of the required minimum front yard determined as follows:
(a) 
Not less than the lesser of the setback of existing principal structures on any adjacent lots (but not less than 50% of the minimum front yard required by the zone district).
(b) 
Not more than the minimum front yard required by the zone district.
C. 
Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code[1] including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter.
[1]
Editor's Note: See N.J.A.C. 5:23 and Ch. 136, Construction Codes, Uniform.
D. 
Setback requirements. The provisions of the Schedule of Zoning District Requirements, Exhibit 5-2,[2] notwithstanding, the following overall setbacks shall be in effect:
(1) 
No structure shall be located within 30 feet of the right-of-way of State Highway No. 36.
(2) 
No structure shall be located within 50 feet of the mean high tide line of Sandy Hook Bay or of any area fronting thereon which is reserved for public beach purposes, except as specifically provided in the regulations.
(3) 
No structure shall be located within 50 feet of any natural waterway unless protective measures are taken, which, in the opinion of the Borough Engineer, will not increase the likelihood of silting or flood damage at any point along said waterway.
[2]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
Unless otherwise specified in this chapter on the zone district schedule, accessory buildings and structures shall conform to the following regulations as to their locations on the lot:
A. 
Location of accessory buildings.
(1) 
An accessory building attached to a principal building shall comply in all respects with the zoning requirements for the principal building.
(2) 
Detached accessory buildings shall not be located in a front yard.
(3) 
Detached accessory buildings shall comply with the Schedule of Zoning District Requirements, Exhibit 5-2.[1]
[1]
Editor's Note: Exhibit 5-2 is included at the end of this chapter.
B. 
Distance from principal building. No detached accessory building, in any residential zone, shall be less than five feet from a principal building.
C. 
Sequence of construction. No accessory building shall be constructed before the principal building.
D. 
Same lot. Accessory buildings must be located on the same lot as the principal use to which they are accessory.
E. 
Sheds. For sheds the following regulations shall apply: No more than one shed per lot, and not to exceed 150 square feet, and not to exceed 12 feet in height.
F. 
Driveway/walkway. Within a residential zone district, an entry driveway or a walkway may cross any yard area except that no driveway shall be within five feet of a side lot line or a rear lot line. Within a nonresidential zone district, entry driveways and walkways may cross any yard area; however, other than crossing yards, driveways shall adhere to the yard requirements for accessory structures. Walkways in a nonresidential zone may be located in a yard area but they shall not encroach into any required buffer.
G. 
Pools. The following regulations shall apply to installation of pools:
(1) 
No pool may be installed or altered until a permit has been issued.
(2) 
Pool walls must be kept 10 feet from side and rear yard lines.
(3) 
The pool must be equipped to be completely emptied. The method of disposal of wastewater (dry well, tapped to sewer line, etc.) must be approved prior to issuance of any permit.
(4) 
All electrical installations must be inspected and approved pursuant to the National Electrical Code.
(5) 
An application must be accompanied by a clear copy of a property survey showing the exact location of the pool, distances from all property lines and structures, and location of the filter.
(6) 
A properly installed four-foot fence, with self-locking gates, must be installed around all pools unless, for aboveground pools, a deck with an approved swing-up and self-locking stair is provided.
(7) 
No pool can be filled until a certificate of use has been issued.
H. 
Porch, deck, patio. A porch, deck, patio, or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building; except, where the structure has no roof and is constructed not more than six inches above grade, it shall adhere to the yard requirements for an accessory structure.
I. 
Rooftop decks. The following regulations shall apply to the construction and commercial use of rooftop decks located on any building or structure other than detached single-family and two-family residential dwelling units:
[Added 10-10-2018 by Ord. No. 12-2018]
(1) 
The rooftop deck shall receive site plan approval prior to its construction.
(2) 
The rooftop deck shall be surrounded by a safety railing or parapet with a minimum height of four feet from the deck surface, which shall be designed and constructed in accordance with all applicable building, fire, health and safety codes and regulations. The design must also be such that the use of the rooftop deck area is screened from view of adjacent properties.
(3) 
The number of persons permitted upon the rooftop deck at any given time shall not exceed that which is permitted by applicable building, fire, health and safety codes and regulations, which number shall be prominently posted at each point of access and as may be otherwise required by the applicable code or regulation.
(4) 
The maximum rooftop deck coverage shall not exceed 50% of the total square footage of the roof area, and such coverage shall be reduced below 50% if required in order to comply with applicable building, fire, health and safety codes or regulations.
(5) 
The dimensional area occupied by any furnishings, equipment or structures for rooftop deck use (excluding mechanical, heating, air-conditioning, HVAC, electrical and other mechanical equipment required by building, fire, health and safety codes and regulations) shall not exceed 50% of the total square footage of the roof area.
(6) 
All rooftop deck furnishings, equipment and structures (excluding mechanical, heating, air-conditioning, HVAC, electrical and other mechanical equipment required by building, fire, health and safety codes and regulations) shall be set back a minimum of 15 feet from the roof edge of the side of a building or structure contiguous to a public street or right-of-way and five feet from the roof edge of all other sides of a building or structure.
(7) 
Any proposed rooftop deck lighting shall be properly shielded so that the light intensity is 0 footcandles at the property line of the property on which the rooftop deck is located.
(8) 
Rooftop decks may provide for shade or protection from inclement weather. Such protective devices shall not result in the enclosure of more than 50% of the sides of the rooftop deck area.
(9) 
Use of rooftop decks shall be limited to the hours of 10:00 a.m. to midnight.
The provisions of this chapter shall not apply to customary underground essential services as herein defined, except that all facilities such as pumping stations, repeater stations and electric substations, which require a building aboveground, or any other aboveground appurtenance of any type more than 40 feet high, shall require approval as a conditional use subject to the provisions of this chapter.
Where two or more lots, created by the filing of a map pursuant to the Map Filing Law[1] prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
A. 
No structure shall extend higher than the limit provided in each zone for building height.
B. 
The height limitations created hereunder shall not apply to spires, belfries, cupolas, parapets, walls or cornices not used for human occupancy and extending not more than five feet above the building height limit.
C. 
The height limitations of this chapter shall apply to water tanks, chimneys, ventilators, skylights, HVAC equipment, stair towers, elevator towers, antennae attached to a building and similar appurtenances usually carried above roof level, except:
(1) 
Such features may, subject to the limitations of this section, exceed the height limitations of this chapter if they do not exceed, in aggregate coverage, 10% of the roof area.
(2) 
In the CBD, HBD, HB, WB Zone Districts, elevator towers attached to buildings may exceed height limitations by 15 feet; stair towers, antennae, chimneys, water tanks, ventilators, skylights, HVAC equipment and other appurtenances may exceed height limitations to a maximum of 10 feet. These elements and/or other appurtenances are required to appear on all plans presented to and approved by the Planning Board.
[Amended 11-10-2004 by Ord. No. 16-2004]
(3) 
In the R1, R2, O-R, RTH, MF1, MF2, MR, and SC Zone Districts, roof appurtenances may exceed height limitations by five feet.
D. 
Freestanding, noncommercial radio and television antennae and flagpoles may exceed the height limits created hereunder by not more than 10 feet.
[Amended 11-10-2004 by Ord. No. 16-2004]
E. 
Foundation height. The exposed portion of the foundation of buildings or structures shall not exceed two feet above the highest preexisting grade or, in the case of property that has received approval of the Planning Board pursuant to an application for development, the finished grade shown on the approved plans. If the structure is in the floodplain, this subsection shall not apply.
[Added 3-24-2010 by Ord. No. 05-2010]
Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned MC (Marine Conservation) or MR (Marine Recreation) as indicated on the Zone Map.[1] Any part of a grant not filled, graded or stabilized pursuant to a valid construction permit shall not be applicable to meeting the minimum lot area for the governing zone nor shall it be used as the basis for calculating the permitted usable floor area ratio.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
A. 
Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers.
B. 
Such receptacles shall not be stored or placed within any front yard area prior to the time at which materials are permitted to be placed at the curblines for collection. Such receptacles maybe stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.
No nonresidential use shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.
A. 
Construction materials and equipment may be stored temporarily at the construction site where their use is necessary, provided that:
(1) 
No such material or equipment shall be stored prior to issuance of the pertinent construction permit.
(2) 
All equipment and materials shall be removed from the site within 30 days after the issuance of a conditional certificate of occupancy. Such conditional certificate of occupancy shall become invalid after 30 days unless this provision has been complied with. No permanent certificate of occupancy shall be issued until this provision has been complied with.
A. 
Except during garage, estate or auction sales conducted pursuant to a permit issued by the Borough, no goods shall be displayed for sale in any residential zone district.
B. 
Business uses shall not permanently display goods for sale outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the Planning Board.
C. 
Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year, nor shall any one sale exceed one week in duration.
D. 
Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods out-of-doors shall not be permitted in any zoning district within the Borough, except temporary sales operated by nonprofit or charitable groups may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than two such sales per year, nor shall any one sale exceed four days in duration.
E. 
Goods for sale, displayed or stored outdoors, in accordance with an approved site plan, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.
F. 
Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites occupied by nonprofit or charitable groups. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property line than 10 feet, and not exceeding eight feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31.
A. 
Within any residential district, no building with a home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.
B. 
The types of construction not considered to be residential in character include, but are not limited to, storefront type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinder block wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.
C. 
Within the O-R (Office Residential) District, nonresidential building design shall be compatible with the residential character of the area. Nonresidential reconstructions, expansions, alterations or new construction shall be compatible with residential architecture in the district and adjoining areas in terms of roof form; building height, width and proportion; window and door treatment; and roof and exterior finish materials.
A. 
Boats or parts, section, pieces or appurtenances of boats shall not be placed or stored on any lot situated in the R1 or R2 Zone, except:
(1) 
Not more than one boat, not longer than 26 feet, may be placed or stored on any lot, except not more than two boats, not longer than 26 feet, may be placed or stored on residential lots of at least 25,000 square feet in area, with direct access to navigable water.
(2) 
No boat may be placed or stored in a front yard.
(3) 
Any boat placed or stored on a lot must be the property of the resident owner or resident tenant of the lot.
(4) 
Small boats under 18 feet in length such as rowboats, canoes, kayaks, or dinghies, the propelling force of which is limited to oars, sails or paddles (not motor driven), may be parked or stored in the open upon any lot in a residential zone, provided that they do not exceed in number the number of persons who are members of the family and who reside in the premises subject, however, to the above restrictions as to the portions of the lot upon which boats may be parked or stored.
B. 
Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in the LI, WB, HB, O-R, CBD, SC, HBD, RTH, MF1 or MF2 Zone Districts except in accordance with a site plan approved by the Planning Board or, for lots, occupied by only single-family residential uses, in accordance with the provisions of Subsection A above. Temporary storage of boats in conjunction with the operation of a marina between October 1 and June 15 is permitted in the WB and MR Districts in conjunction with a site plan approved by the Planning Board.
C. 
Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles shall not be parked overnight, stored or placed on any lot situated in a residential zone, except:
(1) 
Not more than one recreational vehicle may be parked overnight, stored or placed on any lot in a residential zone.
(2) 
In the R-1, R-2 and R-3 Residential Zones, a recreational vehicle may be parked overnight, stored or placed only in a rear yard no closer than 10 feet to any property line.
[Amended 2-26-2003 by Ord. No. 4-2003]
D. 
Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the O-R, HBD, CBD, LI, MR, RTH, SC, MF1, MF2, WB, or HB Zone Districts except in accordance with a site plan approved by the Planning Board or, for lots occupied by only single-family residential uses, in accordance with Subsection C.
A. 
No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 8,000 pounds or having more than two axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
B. 
Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 8,000 pounds or less, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
No building, structure or use shall be permitted within areas defined as wetlands or wetlands transition areas by the New Jersey Wetlands Act of 1970 or the New Jersey Freshwater Wetlands Protection Act of 1987,[1] except in accordance with a permit issued under the Act.
[1]
Editor's Note: See N.J.S.A. 13:19A-1 et seq.
A. 
Regulations: nonresidential zones.
(1) 
In nonresidential zones, antenna shall be permitted as an accessory structure to a permitted principal use on the same lot.
(2) 
Any antenna mounted on the ground or on a structure not attached to a building shall adhere to the following design standards:
(a) 
Maximum height shall not exceed seven feet above the highest point of the principal building on the site.
(b) 
The antenna shall be designed in such a manner that it not present any overturning movement to dislodge said antenna from its mounting.
(c) 
The antenna mounting and structure configuration shall be designed and certified for safety purposes by a New Jersey licensed professional engineer.
(d) 
The antenna shall be located within the rear yard area and shall adhere to the setback or buffer requirements applicable to accessory structures.
(3) 
Antenna mounted on or attached to a building shall be required to meet the following design standards:
(a) 
Maximum height shall not exceed seven feet above the highest point of the building.
(b) 
The antenna shall be designed in such a manner that it not present any overturning movement to dislodge the antenna from its mounting.
(c) 
The antenna mounting and structural configuration shall be designed and certified for safety by a New Jersey licensed professional engineer.
B. 
Regulations: Residential Zone District.
(1) 
Permitted districts: antennas shall be permitted in a residential district as an accessory structure to a principal residential building on the same lot, subject to the provisions of this subsection.
(2) 
Application. Any person desiring to construct and operate an antenna shall, prior to such construction and operation, apply for a development permit which application shall include the following:
(a) 
The proposed antenna, proposed plantings and fencing or other barriers to provide protection and screening.
(b) 
The height of the proposed antenna to its highest point including support structure.
(c) 
One set of construction drawings sealed and approved by a New Jersey licensed professional engineer.
(d) 
The name and address of the applicant and owner of the property on which the earth terminal is to be located.
(e) 
The tax lot and block numbers and the property lines of the property as disclosed on the Borough Tax Map.
(f) 
All existing buildings and structures and all accessory buildings and structures on the property.
(g) 
The tax lot and block numbers and the property lines of all properties as disclosed on the Borough Tax Map within 200 feet from the property.
(3) 
Design standards. All antennas shall fully comply with the following standards:
(a) 
An antenna shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.
(b) 
The antenna shall adhere to the setback requirements applicable to accessory structures within the particular district as set forth in this chapter.
(c) 
The antenna shall be mounted to a supporting structure in a manner to prevent its movement or dislocation due to wind, ice or other environmental event.
(d) 
The height of the antenna to its highest point and supporting structure shall not be more than seven feet above the principal building on the site.
(e) 
All wiring or connecting cables between the antenna and the principal building shall be buried underground with grounding and bonding.
(f) 
An antenna shall be located as to be effectively screened or obscured from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition, in order to minimize visibility from any adjacent property or public street.
(g) 
Only one antenna structure shall be permitted on the applicant's property.
(h) 
An antenna shall only be used by the principal building on the applicant's property. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.
A. 
Compliance a condition of approval. As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.
(1) 
As evidence of compliance, the Planning Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.
(2) 
The Planning Board may require that specific types of equipment, machinery, or devices be installed, or that specific operating procedures or methods be followed, if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.
(3) 
Permits and certificates required by other government agencies shall be submitted to the Planning Board as proof of compliance with applicable codes.
(4) 
If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Planning Board or Administrative Officer (Zoning Officer) may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant, or specific use in question.
(5) 
Conditional permit.
(a) 
In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Planning Board may issue or may recommend issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(b) 
Within 30 days after a conditional permit is granted, a certificate of occupancy shall be applied for and satisfactory evidence shall be submitted that all standards established by this section have been met.
B. 
Applicability and enforcement.
(1) 
Applicability.
(a) 
Prior to construction and operation. Any application for development or building permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments, certifications as required by this section, and a sworn statement filed by the owner of the subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.
(b) 
For existing structures. Any existing structure or use which is after the effective date of these regulations, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.
(2) 
Continued compliance. Continued compliance with performance standards is required and shall be enforced by the Construction Official or Administrative Officer (Zoning Officer).
(3) 
Termination of violation. All violation shall be terminated within 30 days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.
(4) 
Violation inspection. Whenever, in the opinion of the Construction Official or Administrative Officer (Zoning Officer), there is a reasonable probability that any use or occupancy violates the regulations of this article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigations, measurements, and analyses.
C. 
Noise.
(1) 
Noise regulations.
(a) 
The definitions contained in the Noise Control Regulations of the New Jersey Department of Environmental Protection. (N.J.A.C. 7:29-1.1 et seq.) are hereby incorporated by reference without being set forth in full with regard to this section.
(b) 
No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:
[1] 
Continuous airborne sound which has a sound level in excess of 50 dBA; or
[2] 
Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands; or
Octave Band Center Frequency
(Hz) 31.5
Octave Band Sound Pressure Level
(dB)
63
86
125
71
250
61
500
53
1,000
48
2,000
45
4,000
42
8,000
40
[3] 
Impulsive sound in air which has an impulsive sound level in excess of 80 decibels.
[4] 
The provisions of this section shall not apply to:
[a] 
Agriculture.
[b] 
Bells, chimes or carillons while being used in conjunction with religious services.
[c] 
Commercial motor vehicle operations.
[d] 
Emergency energy release devices.
[e] 
Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.
[f] 
National Warning System (NAWAS) signals or devices used to warn the community of attack or imminent public danger, such as flooding or explosion. These systems are controlled by the New Jersey Civil Defense and Disaster Control Agency.
[g] 
Noise of aircraft flight operations.
[h] 
Public celebrations.
[i] 
Public roadways.
[j] 
Stationary emergency signaling devices.
[k] 
The unamplified human voice.
[l] 
Use of explosive devices. These are regulated by the New Jersey Department of Labor and Industry under the 1960 Explosives Act (N.J.S.A. 21:1A-128 et seq.).[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Air pollution. No substance shall be emitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.
(1) 
Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or the building of a new fire, the shade or appearance of which is no darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 30 consecutive minutes.
(2) 
Solid particles.
(a) 
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
(b) 
In any other zone, except industrial zones, the allowable discharge shall be 75% of the allowable emission permitted by the New Jersey Air Pollution Control Code.
(c) 
In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.
(d) 
No open burning shall be permitted in any zone.
(e) 
All incinerators shall be approved by the State Department of Environmental Protection.
(f) 
Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.
(3) 
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table 1 (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of Research on Chemical Odors, copyrighted October, 1968, by the Manufacturing Chemists Association, Inc., Washington, D.C., shall be used as a guide in determining quantities of offensive odors.
E. 
Liquid waste. No liquid waste shall be discharged into any watercourse, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.
F. 
Industrial waste. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate officials of the sewer utility shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the utility, including the pretreating of such wastes, control of pH and other methods of improving such waste prior to discharge, as a condition to acceptance by the utility.
G. 
Solid waste. All uses in the municipality shall:
(1) 
Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.
(2) 
Comply with all applicable provisions of the Air Pollution Control Code.
(3) 
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Environmental Protection.
(4) 
Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.
(5) 
Not engage in any sanitary landfill operation on the property, except as may be permitted by other municipal codes and ordinances.
H. 
Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the U.S. Atomic Energy Act of 1965, as amended, and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26.2D et seq., as amended, whichever is more stringent.
I. 
Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the building code of the municipality,[2] and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.
[2]
Editor's Note: See Ch. 136, Construction Codes, Uniform.
J. 
Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inch per second for impact vibrations. Particle velocity is to be determined by the formula PV = 6.28 FxD, where PV is the particle velocity, inches-per-second; F is the vibration frequency, cycles-per-second; D is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.
K. 
Electromagnetic interference. There shall be no electromagnetic interference that:
(1) 
Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference; or that
(2) 
Is not in conformance with the regulations of the Federal Communications Commission.
L. 
Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.
M. 
Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.[3]
[3]
Editor's Note: See N.J.A.C. 5:23 and Ch. 136, Construction Codes, Uniform.
N. 
Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.
O. 
Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
(1) 
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
(2) 
Spotlights or other types of artificial lighting, that provides a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.
(3) 
Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.
[Amended 9-13-2006 by Ord. No. 15-2006]
It is the intent of this section to assure that the public health, safety, and welfare is not impaired by the neglected maintenance of the buildings and property. It is further intended to assure that site improvements required by a Planning Board are properly maintained and operable. It shall be the Code Enforcement Officer's responsibility to enforce this section where property conditions pose a hazard to the public or where a property owner fails to maintain a required site improvement. It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition all buildings and land in the municipality which they own, use, occupy or have maintenance responsibility for in accordance with the following regulations.
A. 
Maintenance of all land uses within the municipality shall include, but is not limited to, the following:
(1) 
Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of 30 days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
(2) 
Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
(3) 
Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians.
(4) 
Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
(5) 
All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
(6) 
All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this article, they shall be replaced only). All lawn or other nonpaved areas shall be kept trimmed and free from weeds and other noxious growth.
(7) 
Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
(8) 
All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to interfere with vehicular or pedestrian circulation.
(9) 
Appropriate areas shall be provided for the storage of recyclable materials. These areas shall be expanded or modified as necessary to meet the requirements of any change in occupancy. Such areas shall be within the structure or in side or rear yards and shall be properly screened. Provisions shall be made to store paper, cardboard and similar items out of the weather. Such areas shall be maintained in a clean, orderly and neat condition.
(10) 
All outdoor lighting shall be maintained in a working condition.
B. 
All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of these regulations or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:
(1) 
All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first 30 days of the next planting season.
(2) 
Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such areas. Refuse containers located elsewhere on the site shall not be permitted.
C. 
Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter and subject to the penalties prescribed in this chapter.
All signs shall conform to the provisions of this section and to the applicable requirements of the New Jersey Uniform Construction Code.[1]
A. 
Permit required. It shall be unlawful for any person to erect, alter or relocate within the Borough of Atlantic Highlands any nonexempt sign as set forth and defined in this article, without first making application to the Construction Official, paying the appropriate fee, and obtaining a permit from the Code Enforcement Officer and the Construction Official.
B. 
Exemptions. The following types of signs and advertising shall be exempt:
(1) 
Theater bills and changeable copy signs. The changing of bills of acts and features of theaters on established frames at theaters, and changing the copy of any authorized changeable copy sign, which bill or copy does not conflict with these regulations.
(2) 
Signs within a building. A sign located within a building, not attached directly to or painted on a window.
(3) 
Signs on windows. No permit shall be required for signs upon the interior of a show window or upon the interior of any window within the commercial zones, which signs advertise only the name of the occupant of the building, office or store, as the case may be, the business conducted or products sold therein, and does not cover more than 30% of the area of such window.
(4) 
Show cards. Show cards not to exceed 28 inches by 22 inches advertising a public activity may be placed or displayed in show windows of occupied business establishments for a period of 30 days before, and seven days after, such public activity.
(5) 
Real estate signs. One real estate sign per lot not exceeding nine square feet in area.
(6) 
Vacated property. One sign not exceeding six square feet in area, giving the name, business and new address of the former occupant, may be displayed for not more than 60 days.
(7) 
Church bulletins not exceeding 20 square feet in area.
(8) 
Banners, streamers and flags advertising openings and sale days, provided that such devices shall not be displayed on any one property for more than 30 days in any calendar year.
(9) 
Political signs. Signs concerning a matter of public interest, provided the total area of signs on any one lot does not exceed 32 square feet in area. Political signs regarding an election shall be removed within seven days after the election. This section shall be interpreted in accordance with State v. Miller, 162 N.J. Superior 333, affirmed 83 N.J. 402.
(10) 
All lettering or graphics on any canopy or awning which does not exceed six inches in height shall be exempt. The area of such lettering or graphics must be 10% or less of the total square footage of the awning or canopy.
C. 
Application fee and required information. Application for permits shall be on a prescribed form of the Borough and shall be accompanied by a fee as provided in Chapter 168, Article II. The applicant will prepay the fees of the Municipal Engineer if the Zoning Officer determines that engineering review of the proposed sign is required.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Inspection of premises; issuance of permit; nullification.
(1) 
The Construction Official, upon receipt of an application and required fees, shall contact the Zoning Officer who will examine the premises upon which it is proposed to erect the sign and determine if the proposed sign is in compliance with all the requirements of this article and all other ordinances of the Borough of Atlantic Highlands.
(2) 
Upon review by the Zoning Officer and the payment of any applicable additional fees, a permit or denial shall be issued by the Zoning Officer and Construction Official within 10 business days. If the work authorized under the permit has not been completed within four months after the date of the issuance, the permit shall become null and void.
E. 
Construction and design of signs.
(1) 
All signs shall be designed, built, and installed according to the current New Jersey Building Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
No signs, illustrations or symbols shall be placed so as to interfere with the opening of an exit door of any building or to obstruct any window opening of a room in a dwelling or to interfere with the use of any fire escape or to create a hazard to pedestrians.
(3) 
No more than four colors shall be used for any signs, (Black and white are "colors" for purposes of this article.) If more colors are needed, then a color rendering of the sign must be submitted and approved by the Borough Zoning Officer and/or a Borough appeal board (e.g., Planning Board).
F. 
Lighting.
(1) 
No illustrated sign shall be of such a color or located in such a fashion as to diminish or detract in any way from the effectiveness of any traffic signal or similar official safety or warning device.
(2) 
No illuminated signs shall flash or rotate.
(3) 
Exposed sources of illumination shall be prohibited.
G. 
Roof signs. Roof signs are prohibited, except such directional devices as may be required by federal authorities.
H. 
Sign regulations for noncommercial zones. It shall be unlawful to erect or alter any sign in any noncommercial zone except as follows:
(1) 
One sign on the property to be sold or rented, which shall be of the ground type as defined in these regulations, not to exceed nine square feet in area.
(2) 
One sign advertising a permitted use or indicating the home or office of a professional is permitted, provided that such sign shall not exceed four square feet on any one face.
(3) 
Nameplate signs identifying the occupant and street number of the building but not designating a profession, trade or business of any kind or character, provided that such sign not exceed two square feet.
(4) 
One ground nonflashing sign advertising a permitted use or indicating the home or office of a recognized profession, provided such sign shall not exceed six square feet.
(5) 
One freestanding nonflashing directional sign may be erected indicating direction at each driveway which provides a means of entrance or exit for the off-street parking facilities on the premises.
(6) 
For each school, hotel, medical facility, philanthropic institution, nonprofit organization or church, the total area of such freestanding sign or signs shall not exceed 20 square feet. A sign not exceeding 20 square feet in area may be placed on the public parking area or entrance driveway. Such signs may be supported on posts or on columns where permits have been secured for such posts or columns but shall not be so placed as to extend over any walkway or roadway. Such signs shall be in addition to the total sign area permitted above.
(7) 
For apartment houses, signs shall be limited to the name and house number of the building. Such signs shall only be permitted when facing the street or streets upon which entrances to the building are located and shall not exceed 12 square feet for each such building up to 40 feet frontage on the street, increasing one square foot for each full five feet of building frontage in excess of forty-foot-width of frontage on the street, but not to exceed 20 square feet for each such building frontage and set back 10 feet from the property line.
I. 
Sign regulations for commercial zones. It shall be unlawful to erect or alter any sign in any commercial zone except as follows:
[Amended 9-7-1994 by Ord. No. 54-94]
(1) 
One wall nonflashing sign per established business expressly related to the business conducted on the premises for each street frontage not exceeding a total of 10% of the building face, including the window area, but not to exceed five feet in height, advertising only the business carried on and/or the services and products made or sold on the premises. In determining the size of the sign, the area between the letters shall be included.
(2) 
No wall sign shall project higher than the highest point of the parapet of the facade of the building to which it is affixed and shall not project over 12 inches from the face of the building nor beyond the property line bounding the property upon which it is erected.
(3) 
One ground nonflashing sign per established business, expressly related to the business conducted on the premises for each street frontage not exceeding a total of 18 square feet and not more than 10 feet in height and set back 10 feet from the property line.
(4) 
Side or rear wall sign. There can be no more than one sign per side or rear wall on a single building. The sign shall be no more than 12 square feet in area, including borders.
(5) 
Any existing billboard and poster panel may be maintained in its existing location, but any billboard or poster panel which is hereinafter razed, demolished or obliterated shall not be replaced in any form.
(6) 
One freestanding nonflashing directional sign may be erected indicating direction at each driveway which provides a means of entrance or exit for the off-street parking facilities on the premises.
(7) 
Projecting signs of no more than 12 square feet including borders, except signs containing self-contained light boxes can be no more than six square feet. They may not project farther than six feet from the face of the building. No part of the sign should be lower than 10 feet or higher than 18 feet above the sidewalk.
(8) 
One fence sign per business and shall be no more than eight square feet in area.
(9) 
Directional signs, not to exceed five feet in height and two square feet in area. All directional signs shall in no way interfere with the safety of pedestrian or other traffic.
(10) 
Signs advertising matters of public or charitable character, for a period not to exceed 30 days.
J. 
Removal of signs after cessation of business. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down within 30 days after the cessation of such business.
K. 
Nonconforming signs. Any signs now existing which would be in violation under the provisions of this article may be continued on such building, structure, lot or land so occupied, but may not be enlarged. The failure to keep a nonconforming sign painted or in good repair for a period of one year shall constitute abandonment and such sign may not be revised and must be removed.
L. 
Electrically operated signs. A sign shall not be illuminated by other than electrical means, devices, and wiring in accordance with the requirements of the National Fire Protection Association.
M. 
Inspection and maintenance. It shall be the duty of the Zoning Officer to inspect each sign for which a permit is required upon the completion of its installation and to make inspections of all signs from time to time as may be required by this article.
(1) 
It shall be the duty of the owner or lessee to maintain the sign in good repair, and painted. Failure to do so, following 30 calendar days' notification by the Zoning Officer, shall constitute abandonment and shall be removed.
(2) 
In the event that any sign is found to be in a dangerous structural condition on account of loose fittings or similar defects, the Zoning Officer shall notify the owner thereof in writing and advise in what manner the owner shall make the same safe and secure. In case the owner does not comply with the requirements of the Zoning Officer within seven calendar days from receipt of said notice, the same may be removed by the Borough, in which case the owner of the sign and the owner of the building shall be jointly and separately liable to the Borough for the cost of removal and the owner shall be liable for a penalty as hereinafter provided in this article.
(3) 
In the event any sign is found to be in nonconformance with this article, the Zoning Officer shall notify the owner of said sign and the owner of the property on which it is erected of such violation and the owner shall, within 30 calendar days, correct such nonconformance. In case the owner thereof does not comply with the order of the Zoning Officer within 30 calendar days, such signs shall be removed by the Borough, in which case the owner of the sign and the owner of the building on which it is erected shall be jointly and separately liable to the Borough for the cost of the removal and the owners shall be liable to a penalty as hereinafter provided.
N. 
Certain signs prohibited. The following types of signs are specifically prohibited:
(1) 
Pylon signs supported by pyramidal towers supports.
(2) 
Roof signs except as permitted in Subsection G hereof.
[Amended 9-7-1994 by Ord. No. 54-94]
(3) 
Marquee signs except as specified in Subsection B(1) hereof.
[Amended 9-7-1994 by Ord. No. 54-94]
(4) 
Banners, streamers, advertising flags and twirlers except as specified in Subsection B(8).
[Amended 9-7-1994 by Ord. No. 54-94]
(5) 
Signs or posters on poles, posts, trees, sidewalks or curbs in any fashion.
(6) 
Signs producing glare to the extent that they unnecessarily or unreasonably interfere with pedestrian or vehicular traffic or which are detrimental to the welfare of persons in their places of abode.
(7) 
Signs standing, painted or installed on sidewalks.
(8) 
Exterior moving signs of every nature.
(9) 
Outdoor neon signs in which the neon tube is directly exposed to view.
(10) 
Vinyl, cloth or similar signs.
O. 
Liability insurance. Every person responsible for a sign placed over public property shall obtain and maintain liability insurance coverage which shall protect and hold the Borough harmless from any and all claims or demands for damages resulting from the collapse, failure, or combustion of the sign or parts thereof.
[1]
Editor's Note: See N.J.A.C. 5:23 and Ch. 136, Construction Codes, Uniform.
A. 
Fences and walls hereafter erected, altered or reconstructed in any zone shall not exceed six feet in height, except as follows:
[Amended 10-13-1999 by Ord. No. 6-99][1]
(1) 
Walls and fences which are not open fences as defined in these regulations, located in a front yard or within 50 feet of any natural body of water, shall not exceed 48 inches in height.
(2) 
In any business zone, fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line in accordance with a site plan approved by the Planning Board.
(3) 
On park, recreation or school properties, open-wire fences not exceeding eight feet in height may be erected in the rear or side yard areas and behind the building setback line.
(4) 
Fences specifically required or approved by the Planning Board or required by other provisions of these regulations or other municipal and state regulations.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.
C. 
Barbed wire, razor wire, canvas or cloth fence and fencing construction are prohibited in all zones.
D. 
All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
E. 
Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section, provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.
F. 
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
G. 
No hedges or screen plantings over three feet in height shall be permitted within 50 feet of any waterway; however, this section shall not be construed to prohibit the planting of shade or ornamental trees either individually or in small groupings.
A. 
Concrete sidewalks and curb ramps shall be four inches thick, except across the width of proposed driveways where the concrete sidewalk shall be constructed six inches thick, with No. 6 wire mesh welded six by six. Sidewalk repair and upkeep is the responsibility of the owner.
B. 
Concrete shall have a strength of 4,500 psi at 28 days air entrained conforming to ASTM A-497.
C. 
Joint sealer shall be installed every 16 feet with dummy joints every four feet.
D. 
All sidewalks in the Borough of Atlantic Highlands shall be relaid, repaved and kept in repair at the cost and expense of the owner or owners of lands in front of which the same shall be located.
[Amended 9-7-1994 by Ord. No. 54-94]
A. 
On any lot in any R-1, R-2 or R-3 Zone and on any residential lot in the O-R Zone, private garage space may be provided for one motor vehicle for each 5,000 square feet of lot area, except that not more than four motor vehicles may be garaged. The width of each space shall not exceed 12 feet and 22 feet in length, and height not to exceed 16 feet.
[Amended 9-7-1994 by Ord. No. 54-94; 2-26-2003 by Ord. No. 4-2003]
B. 
No part of any detached garage structure shall be used for residential purposes.
[Amended 11-25-1998 by Ord. No. 17-98]
C. 
An attached garage may be converted for use for residential purposes if the same number of off-street parking spaces 12 feet by 22 feet are available and delineated on the property for each garage space so converted.
[Amended 11-25-1998 by Ord. No. 17-98]
D. 
For any permitted nonresidential principal use, a private accessory garage shall only be permitted as provided for by a site plan approved by the Planning Board.
E. 
Except as provided by § 150-64, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone; provided, however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.
No fill in excess of 10 cubic yards shall be placed on any property within the Borough of Atlantic Highlands, nor shall any soil be removed from any property within the Borough of Atlantic Highlands, without the prior approval of the Borough. Approval of a site plan or subdivision showing such filling or removal or approval of grading plan by the Construction Official and/or the Planning Board or Borough Engineer shall constitute such prior approval of the Borough.
No lighting of tennis courts or paddle tennis courts shall be permitted in any residential zone district.
Prior to the moving and relocation of any building from the existing foundation to a site within the Borough of Atlantic Highlands, the foundation at the proposed site shall have been completed. Work to secure the relocated building on the new foundation shall be pursued immediately and the building shall not be placed in any temporary location except during the twenty-four-hour period when the work of moving is done.
Outdoor repair activities involving boats, vehicles, trailers and other mechanical equipment may not be undertaken in a nonresidential district on any property district used only for residential purposes or on any property in a residential district, except under the following restrictions: observance of the restrictions of § 150-31B(18); no more than one item may be under repair at any time and repairs may not be performed on an aggregate total of more than 30 days in any year. Such outdoor repair activities may not be undertaken on any property in a nonresidential district not used only for residential purposes except in accordance with specific site plan approval by the Planning Board.
No lot shall have erected upon it more than one principal residential building, except in the case of multifamily dwelling projects as permitted by this chapter.
A. 
Areas covered. The areas of Atlantic Highlands covered by this section (referred to hereafter as "slope area") are Blocks 1 through 6, inclusive, Lots 1, 2, 3, 4, 5 in Block 7, Blocks 8 through 28, inclusive, Blocks 53, 54, 55, 56, 57, 58, 59, 60, 70, 71, 72, 73, 74, 75, 76, and 77, as described on the Tax Assessment Map of Atlantic Highlands, dated 1968 and amended 1988. Said blocks and lots contain or adjoin slopes of 15% or greater as identified in the Atlantic Highlands Master Plan, and/or are identified as containing or adjoining slump block areas in the United States Geological Survey Professional Paper 898, dated 1974.
B. 
Permit requirement exceptions. A slope area permit is required for any work or disturbance affecting a slope area, except when the area of the proposed work or disturbance:
(1) 
Contains no slopes greater than 10%, nor any slope greater than 15% within 100 feet, and the work or disturbance is:
(a) 
Soil disturbance of five cubic yards or less;
(b) 
Change in impervious ground cover of 200 square feet or less;
(c) 
Removal of five trees or less, having a circumference of up to 20 inches each, measured at four feet above the ground;
(d) 
Removal or disturbance of vegetation covering 200 square feet or less.
(2) 
Contains no slopes greater than 15%, nor any slope greater than 20% within 100 feet; and the work or disturbance is:
(a) 
Soil disturbance of three cubic yards or less;
(b) 
Change in impervious ground cover of 100 square feet or less;
(c) 
Removal of three trees or less, having a circumference of up to 20 inches each, measured at four feet above the ground;
(d) 
Removal or disturbance of vegetation covering 100 square feet or less.
(3) 
Contains slopes greater than 15% and the work or disturbance is:
(a) 
Soil disturbance of one cubic yard or less;
(b) 
Change in impervious ground cover of 25 square feet or less;
(c) 
Removal of one tree, having a circumference of up to 20 inches measured at four feet above the ground;
(d) 
Removal or disturbance of vegetation covering 25 square feet or less.
(e) 
All items described in Subsection B(1), (2) and (3) above represent a cumulative total per lot, per calendar year.
(4) 
Inspection for tree trimming.
(a) 
In slope areas of greater than 15%, no normal tree toping to provide a view, protecting adjacent structures or the removal of dead or unhealthy trees shall take place prior to an inspection and a determination as to how much of the tree may be trimmed or what trees may be removed. Such determination shall be the responsibility of the person the Mayor and Council shall designate. The fee for such inspection shall be as provided in Chapter 168, Article II.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(b) 
Where site plan or subdivision approval is also required, the slope area permit review will be performed along with that approval process, and the applicant will submit copies of all required information to the Planning or Zoning Board as applicable. Although neither Board can grant or deny a slope area permit (except for an appeal under Subsection J) each Board shall consider all plans submitted under this section in any application for site plan or subdivision approval affecting a slope area.
(5) 
Additions to a single-family residence shall be exempt from the lot coverage, impervious coverage and lot disturbance provisions of this section if the following conditions exist:
[Added 9-25-1996 by Ord. No. 14-96]
(a) 
That the size of any one-story addition, deck, patio or excavation is less than 200 square feet. Soil logs and testing for future subsurface disposal systems shall not be exempted.
(b) 
That no slope greater than 10% exists within 20 feet of the area to be disturbed.
(c) 
The applicant provides plans or a written statement describing soil erosion and stabilization measures which will be used as part of construction.
(d) 
A final inspection fee of the equivalent of one hour of the Borough Engineer's time is posted prior to the issuance of the permit.
C. 
Application for permit. An application for a slope area permit shall be made to the Atlantic Highlands Construction Official. The application shall include at least:
(1) 
Property description by Tax Map block and lot, and by street address if available.
(2) 
Sketch of location of proposed work or disturbance. An informal sketch may be acceptable.
(3) 
Statement of proposed work or disturbance.
(4) 
Any other additional information as is reasonably necessary to make an informed decision, including, but not limited to, the items listed below and in Subsection F:
(5) 
Where site plan or subdivision approval is required, the following exhibits shall also be submitted:
(a) 
Topographic map showing existing contours at two-foot intervals.
(b) 
Areas clearly identified showing the following, as measured between ten-foot contour lines: Area 1, 30% or greater; Area 2, 20% but less than 30%; Area 3, 15% but less than 20%; Area 4, less than 15%.
(c) 
Calculation, in square footage and acres, of amount of area in the various slope categories listed above.
(d) 
Extent and erosion potential of exposed soils.
(e) 
Length, steepness and surface roughness of exposed slopes.
(f) 
Resistance of soil to compaction and stability of soil aggregates.
(g) 
High water table, water infiltration capacity and capacity of soil profile.
(h) 
Chemical, physical and biological nature of subsurface soils.
(i) 
Type and location of construction activity, including the amount of site grading, and depth of such grading.
(j) 
The time period of exposure of erodible soils during construction.
(k) 
The area and density of woodlands and forest, within the construction site and on contiguous lands for a distance of 200 feet, or such other distance as deemed appropriate by the Municipal Engineer. All significant tree specimens four inches or greater in diameter, measured at four feet above the ground; all dogwood, American holly, and mountain laurel; and all other vegetation on slopes 15% or greater shall be indicated on the application plans as well as physically marked on the construction site.
(l) 
The extent of impervious surface to be constructed.
(m) 
Location of construction access roads.
(n) 
Calculation of amount of site grading, to include a cut-and-fill balance sheet, including cross sections, and indicating, where applicable, the volume of and source of off-site fill.
(o) 
Extent of on-site erosion sediment control measures, during and after construction and until any affected area is stabilized.
(p) 
Any other information as is reasonably necessary to make an informed decision.
D. 
Application review and standards of approval.
(1) 
The Municipal Engineer shall review every slope area application to determine whether the proposed work or disturbance may have a detrimental impact upon any slope area. Such review shall include at least an on-site inspection. The Engineer's inspection shall be made as soon as possible considering the extent of the work necessary to evaluate the application.
(2) 
The Municipal Engineer shall thereafter approve only those applications where the proposed work or disturbance will:
(a) 
Have no detrimental impacts.
(b) 
Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before, and are within tolerances deemed safe by the Municipal Engineer, and the project or site plan complies with all other provisions of the Borough Code and Chapter 183, Flood Damage Prevention.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(c) 
Minimize stream turbidity and changes in flow.
(d) 
Protect environmentally vulnerable areas.
(e) 
Stabilize exposed soils both during and after construction and development.
(f) 
Prevent soil slippage.
(g) 
Minimize number and extent of cuts to prevent groundwater discharge areas to underlying soils.
(h) 
Preserve the maximum number of trees and other vegetation on the site and avoid disturbance of the critical hillside, slope and forest areas.
(3) 
The Municipal Engineer may impose such conditions upon any approval as said Engineer deems necessary to achieve the purposes of this section. All permanent improvements necessary to achieve the purposes of this section shall be bonded in the same manner as set forth Article IV, Procedure, of this chapter, except that a maintenance bond shall continue for two years after complete stabilization.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Any approval may be subject to the condition that, for safety reasons, the applicant provides and adheres to a detailed construction and inspection schedule, copies of which shall be supplied to the Borough Construction Official for the purpose of monitoring the progress of the work and compliance with the construction schedule. Said approval may be further conditioned upon submission of periodic certifications by the applicant as to compliance with the construction schedule, and, in the event of noncompliance, written assurance as to the nature and time when steps will be taken to achieve compliance with the construction schedule.
(5) 
If the applicant does not comply with the construction schedule or any other requirements or conditions attached to the approval of the application, and the Municipal Engineer or the Borough Construction Official certifies such lack of compliance, the Borough Construction Official shall thereupon revoke approval of the application, after notice to the applicant, and no further work may be performed on such site, with the exception for temporary measures necessary to stabilize the soil and to protect the site from stormwater damage or other hazards created by construction activity on the site.
E. 
Lot size, development density, lot coverage and disturbance. To meet the purposes, goals and standards set forth in this section, in areas of slopes greater than 15%, the applicable provisions of this chapter relating to minimum lot sizes and density of development, and maximum percentage of lot coverage, shall be modified, and limitations of maximum impervious surfaces and maximum lot disturbance shall be added.
(1) 
Minimum lot size; density.
(a) 
The minimum lot size shall be determined by multiplying the total land area in various slope categories by the following factors and totaling the results. This modified minimum lot size shall be used as the lot size in density calculations. Slope calculations shall be based on elevation intervals of 10 feet.
Slopes
Factor
30% or greater
0.1
20% but less than 30%
0.2
15% but less than 20%
0.5
Less than 15%
1.0
(b) 
As the result of the computation of the total density allowed, any fractional amount shall be rounded down or truncated to the nearest whole integer. If the total density allowed is less than one, and prior to this section the lot dimensions met or exceeded the minimum lot size for its zone, than the total density allowed shall be one.
(2) 
Determination of maximum lot coverage.
(a) 
The maximum lot coverage area shall be determined by multiplying the total land area in various slope categories by the following factors, totaling the results and multiplying the result by the maximum lot coverage percentage allowed for the appropriate zone. Slope calculations shall be based on elevation intervals of 10 feet.
Slopes
Factor
30% or greater
0.25
20% but less than 30%
0.50
15% but less than 20%
0.75
Less than 15%
1.00
(b) 
Where the modified maximum lot coverage area is less than the minimum gross floor area required for the proposed building, the minimum gross floor area required shall be the modified maximum lot coverage area.
(3) 
The maximum impervious surface area permitted in slope areas shall be determined by multiplying the total land area in various slope categories by the following percentages and totaling the results:
Slopes
Percentage
30% or greater
10%
20% but less than 30%
15%
15% but less than 20%
25%
Less than 15%
35%
(4) 
The maximum lot disturbance shall be no greater than 130% of the maximum impervious surface permitted for the lot.
(5) 
Setbacks of all structures necessary for slope area stabilization shall be sufficient to allow for any future maintenance that may be necessary.
(6) 
All land required to be maintained as permanent open space shall be indicated as such on any approved plans.
F. 
Environmental appraisal and applicability.
(1) 
When site plan or subdivision is required, an environmental impact report or request for waiver shall be prepared. The Municipal Engineer shall review and approve the report in accordance with specifications and procedures required by this section.
(2) 
No application for slope area permit shall be approved unless it has been affirmatively determined, after an environmental appraisal, that the proposed project:
(a) 
Will not result in a detrimental impact on the environment; and
(b) 
Has been conceived and designed in such a manner that it will not significantly impair natural processes.
G. 
Review and inspections fees. The initial application filing fee shall be as provided in Chapter 168, Article II. The applicant shall deposit with the Chief Financial Officer $250. If additional escrow fees are required, the applicant shall deposit with the Chief Financial Officer an amount equal to the estimated review fee, as determined by the Municipal Engineer. Inspections shall be required before, during stabilization and upon completion of the work or disturbance, during and for two years after complete stabilization, or for any other reasonable time, as determined by the Municipal Engineer, to insure the purposes of this section are met. No permit will be issued until a deposit is placed with the Chief Financial Officer, equal to the estimated inspection fee, as determined by the Municipal Engineer. If additional inspection fees are required, the applicant shall deposit with the Chief Financial Officer an amount equal to the new estimated inspection fee before any work can continue. The inspection fee deposit account shall remain for two years after complete stabilization. Any deposit accounts shall be maintained at levels sufficient at all times to cover all estimated fees or work may be halted. The Chief Financial Officer will keep the Municipal Engineer aware of account balances as necessary.
[Amended 5-9-2007 by Ord. No. 07-2007; 2-23-2011 by Ord. No. 03-2011]
H. 
Municipal liability. The granting of any permit or approval in any slope area shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against, such public body, official or employee for any damage that may result pursuant thereto.
I. 
Penalties. In addition to penalties already provided in § 150- 15, the Court may order any person convicted of violating this section to pay the Borough all costs for and associated with necessary stabilization or corrective measures, as determined by the Municipal Engineer.
J. 
Appeal. The Planning Board shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection G) or refusal made by the Borough Engineer based on or made in the enforcement of this section. All such appeals under this section from the decisions of the Borough Engineer shall be taken within 20 days by filing a notice of appeal with the Borough Engineer specifying the grounds of such appeal. The Borough Engineer shall immediately transmit to the Planning Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Planning Board upon notice given by the applicant as required by § 150- 9D. The Planning Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of this sectionhave been met.
[Amended 4-12-2000 by Ord. No. 2-00]
[Added 1-13-1999 by Ord. No. 18-98]
This section is intended to provide the community with fair and equitable grading practices and shall not supersede the requirements of any other ordinance or code.
A. 
Protection of utilities. Public entities or services shall be protected from damage due to grading or excavation operations by the property owner having such operation done. Persons excavating must comply with the Underground Facility Protection Act, N.J.S.A. 48:2-73, as amended, and provide proof of compliance upon request.
B. 
Protection of adjacent property. Adjacent properties shall be protected from damage due to grading or excavation operations by the property owner having such operations done. No person shall have property graded or excavated so as to allow or result in increased drainage runoff on adjacent properties. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public streets, sidewalk, alley or other public or private property, without supporting and protecting such property from any damage that may result.
[1]
Editor's Note: Former § 150-80, Affordable housing obligation, added 11-30-2005 by Ord. No. 30-2005, was repealed 6-12-2013 by Ord. No. 10-2013.
[Added 10-26-2005 by Ord. No. 17-2005]
A. 
Purpose. The purpose of this section is to establish siting and development regulations for wireless telecommunication towers and antennas for the siting of wireless telecommunications towers and antennas to:
(1) 
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(2) 
Encourage the location of towers in appropriate locations;
(3) 
Minimize the total number of towers throughout the Borough;
(4) 
Strongly encourage the joint use of approved tower facilities as a primary option rather than construction of new or additional single-use towers;
(5) 
Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6) 
Encourage 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;
(7) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) 
Consider the public health and safety of communication towers; and
(9) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, Atlantic Highlands Borough shall give due consideration to the Borough 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 on file in the Borough offices.
B. 
Nonapplicability to amateur radio stations and to receive-only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a "receive-only antenna" in accordance with Federal Communications Commission (FCC) regulations. (See § 150-66, Noncommercial radio and television antennae.)
C. 
Antennas and towers permitted on Borough property. Wireless communications towers and antennas which are located on property owned, leased, or otherwise controlled by the Borough of Atlantic Highlands and which are approved by the governing body shall be deemed to be permitted as a telecommunications facility.
D. 
General requirements.
(1) 
Use. Wireless telecommunications towers and antennas other than those on municipal facilities are conditional uses and shall meet the conditional use requirements under Article VI of this chapter.
(2) 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirement, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough as part of the application an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Atlantic Highlands Borough or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Borough may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of Atlantic Highlands Borough; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(4) 
Uniform Construction Code;[2] 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 and municipal codes, including the New Jersey Uniform Construction Code 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 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 the 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.
[2]
Editor's Note: See N.J.A.C. 5:23 and Ch. 136, Construction Codes, Uniform.
(5) 
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 communication system in Atlantic Highlands Borough have been obtained and shall file a copy of all required franchises with the Borough.
(6) 
Public notice. For purposes of this section, any variance request, conditional use application or request for site plan approval shall require public notice to all abutting property owners and any property owners of properties that are located within the corresponding separation distance in addition to any notice otherwise required by under this chapter.
(7) 
Signs. No advertising signs shall be allowed on an antenna or tower.
(8) 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of this chapter.
(9) 
Multiple antenna/tower plan. Atlantic Highlands Borough encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(10) 
Maximum height.
(a) 
The tower shall meet the following maximum height and usage criteria:
[1] 
For a single user, up to 90 feet in height;
[2] 
For two users, up to 120 feet in height; and
[3] 
For three or more users, up to 150 feet in height.
(b) 
Proof shall be required of the applicant seeking to erect a tower for multi-use {Subsection D(10)(a)[2] and [3] above}, confirming that multi-users are under contract for the facilities and that a taller tower will not be built merely upon the speculation that another user will be found.
(c) 
A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
(11) 
Overall comprehensive plan. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit an overall comprehensive plan that includes the following information:
(a) 
A location plan drawn to scale and 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), Master Plan classification of the site and all properties within the applicable separation distances pursuant to this chapter, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawing of the proposed tower and any other structures, topography and parking.
(b) 
Legal description of the parent tract and leased parcel (if applicable).
(c) 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and platted residentially developed properties.
(d) 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to this chapter 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), if known.
(e) 
A landscape plan showing specific landscape materials.
(f) 
Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.
(g) 
A description of compliance with this section and pursuant to this chapter, and all applicable federal, state or local laws.
(h) 
A statement by the applicant as to how the location of the tower and antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure. Towers shall be available for co-location of compatible service providers.
(i) 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned and operated by the applicant in the municipality.
(j) 
A statement by the applicant describing how the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Borough of Atlantic Highlands while at the same time limiting the number of towers to the fewest possible, including the use of existing towers, other structures or alternate technology not requiring the use of towers or structures to provide the wireless services to be provided through the use of the proposed tower.
(k) 
A description of the feasible locations(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. The grant of an approval will not constitute a determination that the other referenced locations are suitable or approvable for such structures/uses.
(l) 
A mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one mile of the subject site, both within and outside of the Borough of Atlantic Highlands.
(m) 
A mapped location and written description of all existing or approved water towers or water standpipes and existing high-tension power line stanchions with one mile of the subject site, both within and outside of the Borough of Atlantic Highlands.
(n) 
A statement by the applicant describing how the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Atlantic Highlands and by other providers of wireless communication services within the Borough.
E. 
Factors considered in granting approval for towers. In addition to any standards for consideration of site plan pursuant to this chapter and requirements set forth in this chapter, the municipal agency shall consider at least the following factors in determining whether to issue an approval:
(1) 
Height of the proposed tower;
(2) 
Proximity of the tower to residential structures and residential district boundaries;
(3) 
Nature of uses on adjacent and nearby properties;
(4) 
Surrounding topography;
(5) 
Surrounding tree coverage and foliage;
(6) 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
(7) 
Proposed ingress and egress; and
(8) 
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers, or structures, as discussed in this section, pursuant to this chapter.
F. 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the municipal agency may waive such requirements, as it deems appropriate.
G. 
Landscaping.
(1) 
The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
(a) 
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.
(b) 
In locations where the visual impact of the tower would be minimal, landscaping requirement may be reduced.
(c) 
Existing mature tree growth and natural landforms 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) 
In approving the tower, the municipal agency may impose conditions, including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(3) 
During the public hearing process, the applicant shall schedule the time for a crane test with the Secretary of the Planning Board in order to provide the members of the Planning Board and the general public the opportunity to view a crane at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Planning Board, including photographic reproductions of the crane test, graphically simulating the appearance of the proposed tower, with at least three antenna arrays attached thereto and from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible.
(4) 
All towers and antennas shall also fully comply with the requirements of this chapter.
H. 
Removal of abandoned antennas and/or towers. The applicant shall provide a performance bond and/or other assurances satisfactory to the Planning Board, in a form approved by the Planning Board Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, and building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas and/or towers are no longer operative. 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 a written notice from the Borough of Atlantic Highlands notifying the owner of such abandonment. Failure to remove an abandoned antenna and/or tower within said 90 days shall be grounds for removal of the tower or antenna by the Borough and the removal paid for by the owner. 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. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties by the owner.
I. 
Preexisting towers. Preexisting towers, which are operating at the time of the adoption of this section, shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in this section, and pursuant to this chapter, shall apply.
[Added 7-24-2019 by Ord. No. 10-2019]
A. 
Definitions. For the purpose of this section, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
AFFILIATE
A person that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with another person.
BOROUGH
The Borough of Atlantic Highlands.
BOROUGH PROPERTY
Includes all real property owned by the Borough, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the Borough, which are not subject to the right-of-way licensing as provided in this chapter.
EXCESS CAPACITY
The volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.
OTHER WAYS
The highways, streets, alleys, utility easements or other rights-of-way within the Borough but under the jurisdiction and control of a governmental entity other than the Borough.
OVERHEAD FACILITIES
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
PERSON
Includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited-liability companies and individuals and includes their lessors, trustees and receivers.
PUBLIC STREET
Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the Borough which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.
PUBLIC WAY
Includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the Borough, but only to the extent of the Borough's right, title, interest or authority to grant a license to occupy and use such streets and easements for telecommunications facilities.
SMALL WIRELESS FACILITIES
Consistent with 47 C.F.R. § 1.6002(1), small wireless facilities are facilities that meet the following conditions:
(1) 
The facilities:
(a) 
Are mounted on structures 50 feet or less in height, including their antennas; or
(b) 
Are mounted on structures no more than 10% taller than other adjacent structures; or
(c) 
Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;
(2) 
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
(3) 
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) 
The facilities do not require antenna structure registration under 47 C.F.R. Part 17; and
(5) 
The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
STATE
The State of New Jersey.
SURPLUS SPACE
That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Board of Public Utilities, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER
Includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, or property within the Borough, used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES
The plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antenna, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS PROVIDER
Includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE
The providing or offering for rent, sale or lease, or an exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
TREE
Any perennial plant having a diameter of four inches or greater measured at a point four feet above the ground.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundation or supports for overhead facilities.
USABLE SPACE
The total distance between the top of the utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Board of Public Utilities (BPU).
UTILITY EASEMENT
Any easement owned by the Borough and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIES
The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the Borough and used or to be used for the purpose of providing utility or telecommunications services.
B. 
Telecommunications license required. Except as otherwise provided therein, any telecommunications carriers who desires to construct, install, operate, maintain, or otherwise locate small wireless facilities in, under, over or across any public way of the Borough for the sole purpose of providing telecommunications service to persons in areas outside the Borough shall first obtain a license granting the use of such public ways from the Borough pursuant to this section. Any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities other than small wireless facilities in, under, over or across any public way of the Borough must also obtain a license granting the use of such public ways from the Borough; such applicants must submit the application information set forth in Subsection D, and consideration and approval of such applications shall be at the sole discretion of the Borough Council.
C. 
Violations and penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this section shall be punishable as provided in Chapter 1, § 1-15, Violations and penalties. A separate and distinctive offense shall be deemed committed each day on which a violation occurs or continues.
D. 
Other remedies. Nothing in this section shall be construed as limiting any judicial remedies that the Borough may have, at law or in equity, for enforcement of this section.
E. 
Agreement. No license granted hereunder shall be effective until the applicant and the Borough have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the Borough will be granted.
F. 
Small wireless facilities license application information. Any person that desires a telecommunications license for a small wireless facility pursuant to this section shall file an application with the Borough which shall include the following information:
(1) 
The identity of the license applicant, including all affiliates of the applicant.
(2) 
A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.
(3) 
A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.
(4) 
Preliminary engineering plans, specifications and a network map of the facilities to be located within the Borough, all in sufficient detail to identify:
(a) 
The location requested for applicant's proposed small wireless facility.
(b) 
A description of the type and height of the structure on which the small wireless facility is being mounted, and a description of the proximity of the equipment to any other equipment on the same structure.
(c) 
The size and weight of the proposed equipment.
(d) 
A description of any proposed lighting, and if any, proposed focusing/shielding to avoid projection towards adjacent/nearby properties.
(e) 
A description of the noise output of the proposed small wireless facility in decibels.
(f) 
A description of any proposed excavation.
(g) 
Radiofrequency radiation levels of the proposed equipment. This must include a certification of a professional engineer licensed in New Jersey that said levels do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. § 1.1307(b).
(h) 
The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way at the proposed site.
(i) 
The location(s), if any, for interconnection with the telecommunications facilities of other communications carriers.
(j) 
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.
(5) 
If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
(a) 
The excess capacity currently available in such ducts or conduits before installation of applicant's telecommunications facilities.
(b) 
The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
(6) 
If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
(a) 
The location proposed for the new ducts or conduits.
(b) 
The excess capacity that will exist in such ducts or conduits after installation of applicant's telecommunications facilities.
(7) 
If applicant is proposing construction of facilities aboveground, but below a height of 15 feet, applicant shall submit a survey with a minimum fifty-foot radius that is adequate to demonstrate no negative impacts to sight distance or sight triangle. Such survey shall be submitted in NAVD88 datum.
(8) 
The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.
(9) 
A preliminary construction schedule and completion date.
(10) 
A preliminary traffic control plan in accordance with the New Jersey Department of Transportation regulations.
(11) 
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
(12) 
Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
(13) 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
(14) 
All fees, deposits or charges required pursuant to this section.
G. 
Small wireless facilities fees.
(1) 
Applicants seeking to install up to five small wireless facilities shall pay an initial application fee of $500. An additional $100 shall be required for each small wireless facility beyond five.
(2) 
An annual fee of $275 per small wireless facility per year for access to and inspection of such facilities shall be required.
H. 
Review of small wireless facilities applications. Applicants seeking to install small wireless facilities within the Borough, including within the public right-of-way, shall submit an application to the Borough. Small wireless facilities applications shall be reviewed by the Borough Council pursuant to the following:
(1) 
The Borough Council shall review applications to collocate small wireless facilities on existing structures within 60 days of receipt of the application, and applications for new construction of small wireless facilities within 90 days. "Batch" applications seeking both to collocate and to construct new small wireless facilities shall be reviewed within 90 days.
(2) 
The time period for review shall be tolled during any period in which the applicant is notified that it has not submitted a complete application.
(3) 
Complete applications that comply with the standards set forth in Subsection 5 shall be granted within the applicable time period.
I. 
Nonexclusive grant. No license granted under this section shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Borough for delivery of telecommunications services or any other purposes.
J. 
Rights granted. No license granted under this section shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
K. 
Term of grant. Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five years.
L. 
License route. A small wireless facilities license granted under this section shall be limited to a grant of specific public ways and defined portions thereof.
M. 
Construction permits. All licensees are required to obtain construction permits for small wireless facilities; provided, however, that nothing in this section shall prohibit the Borough and a licensee from agreeing to alternative plan review, permit and construction procedures, provided such alternative procedures provided substantially equivalent safeguards for reasonable construction practices and are not in derogation of any applicable provisions of the Uniform Construction Code.
N. 
Amendment of grant.
(1) 
A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its small wireless facilities in public ways of the Borough which are not included in a license previously granted under this chapter.
(2) 
If ordered by the Borough to locate or relocate its small wireless facilities in public ways not included in a previously granted license, the Borough shall grant a license amendment without further application.
O. 
Renewal applications. A licensee that desires to renew its license under this chapter shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the Borough for renewal of its license which shall include the following information:
(1) 
The information required pursuant to Subsection 5 of this section.
(2) 
Any information required pursuant to the license agreement between the Borough and the grantee.
(3) 
Such additional reasonable and relevant information as may be determined by the Borough Council as essential for acting upon the renewal application.
P. 
Renewal determinations. Within 90 days after receiving a complete application under Subsection 5 hereof, the Borough shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.
(1) 
The financial and technical ability of the applicant.
(2) 
The legal ability of the applicant.
(3) 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
(4) 
The applicant's compliance with the requirements of this chapter and the license agreement.
(5) 
Applicable federal, state and local telecommunications laws, rules and policies.
(6) 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
Q. 
Obligation to cure as a condition of renewal. No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this section, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Borough.
R. 
Regulatory fees and compensation not a tax. The regulatory fees and costs provided for in this section are separate from, and additional to, any and all federal, state, local and Borough taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.
S. 
Small wireless facilities standards. Small wireless facilities shall be collocated on existing structures when possible. Collocation of small wireless facilities is preferred to construction of new structures intended to solely support a small wireless facility, unless the new structure is designed to conceal the small wireless facility.
(1) 
Absent a showing of necessity, the following shall apply:
(a) 
There shall be no more than one small wireless facility located on any single structure.
(b) 
Small wireless facilities shall not be located within 200 feet of any existing small wireless facilities.
(2) 
No new small wireless facilities shall be located within five feet of a private driveway or in a manner that would otherwise obstruct visibility from a private driveway to the public right of way.
(3) 
Any required accessory equipment, not including the antenna, shall be located underground to the extent possible. Accessory equipment that cannot be located underground must be located on the structure. No accessory equipment may be located on the ground adjacent to the structure. Antennas and associated equipment for small wireless facilities located in a flood zone shall be mounted on the supporting structure at or above the FEMA base flood elevation plus any federal, state or local freeboard requirement or shall be located in a floodproof underground cabinet.
(4) 
Any disturbance to the public right of way as a result of the construction of the small wireless facilities shall be restored to its original condition post construction to the satisfaction of the Borough Engineer.
T. 
Compliance with other regulations. All license or franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of the BPU and of the applicable state, federal and local regulations.
U. 
Interference with public ways prohibited. No licensee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the Borough, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the licensee, temporarily or permanently, as determined by the Borough Engineer.
V. 
Damage to property. No licensee nor any person acting on a licensee's behalf shall take any action or permit any action to be done which may impair or damage any Borough property, public ways of the Borough, other ways or other property located in, on or adjacent thereto.
W. 
Notice of works. Unless otherwise provided in a license agreement, no licensee nor any person acting on the licensee's behalf shall commence any nonemergency work in or about the public ways of the Borough or other ways within 10 working days advanced notice to the Borough.
X. 
Repair and emergency work. In the event of an unexpected repair or emergency, a licensee may commence such repair and emergency response work as required under the circumstances, provided that the licensee shall notify the Borough as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advanced notice is not practicable.
Y. 
Maintenance of facilities. Each licensee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
Z. 
Relocation or removal of facilities. Within 30 days following written notice from the Borough, a licensee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways whenever the Borough shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
(1) 
The construction, repair, maintenance or installation of any Borough or other public improvement in or upon the public ways.
(2) 
The operations of the Borough or other governmental entity in or upon the public ways.
AA. 
Removal of unauthorized facilities. Within 30 days following written notice from the Borough, any licensee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the Borough shall, at its own expense, remove such facilities or appurtenances from the public ways of the Borough. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:
(1) 
Upon expiration or termination of the licensee's telecommunications license.
(2) 
Upon abandonment of a facility within the public ways of the Borough.
(3) 
If the system or facility was constructed or installed without the prior grant of a telecommunications license.
(4) 
If the system or facility was constructed or installed without the prior issuance of a required construction permit.
(5) 
If the system or facility was constructed or installed at a location not permitted by the licensee's telecommunications license.
BB. 
Emergency removal or relocation of facilities. The Borough retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the Borough, as the Borough may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
CC. 
Damage to licensee's facilities. Unless directly and proximately caused by the willful, intentional or malicious acts by the Borough, the Borough shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the Borough as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the Borough.
DD. 
Restoration of public ways, other ways and Borough property.
(1) 
When a licensee or any person acting on its behalf does any work in or affecting any public ways, other ways or Borough property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the Borough.
(2) 
If weather or other conditions do not permit the complete restoration required by this section, the licensee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the licensee's sole expense and the licensee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(3) 
A licensee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle property by reason of such work in or affecting such ways or property.
EE. 
Facilities maps. Each licensee shall provide the Borough with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. In addition, the licensee shall provide a computer aided design and drafting (CADD) file containing the facilities' mapping in the .dwg format. Each licensee shall provide updated maps annually.
FF. 
Duty to provide information. Within 10 days of a written request from the Borough Council or Borough Administrator, each licensee shall furnish the Borough with information sufficient to demonstrate:
(1) 
That licensee has complied with all requirements of this section.
(2) 
All books, records, maps and other documents, maintained by the licensee with respect to its facilities within the public ways shall be made available for inspection by the Borough at reasonable times and intervals.
GG. 
Licensee insurance.
(1) 
Unless otherwise provided in a license agreement, each licensee shall, as a condition of the license, secure and maintain the following liability insurance policies insuring both the licensee and the Borough, and its elected and appointed officers, officials, agents and employees as co-insureds.
(a) 
Comprehensive general liability insurance with limits not less than:
[1] 
For bodily injury or death to each person: $5,000,000.
[2] 
For property damage resulting from any one accident: $5,000,000.
[3] 
For all other types of liability: $5,000,000.
(2) 
Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.
(3) 
Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
(4) 
Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.
(5) 
The liability insurance policies required by this section shall be maintained by the licensee throughout the term of the telecommunications license, and such other period of time during which the licensee is operating without a license hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the Borough, by registered or certified mail, of a written notice, addressed to the Borough Clerk, of such intent to cancel or not to renew."
(6) 
Within 60 days after receipt by the Borough of said notice, and in no event later than 30 days prior to said cancellation, the licensee shall obtain and furnish to the Borough replacement insurance policies meeting the requirements of this section.
HH. 
General indemnification. Each license agreement shall include, to the extent permitted by law, the licensee's express undertaking to defend, indemnify and hold the Borough and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the licensee or its affiliates, officers, employees, agents, contractors or subcontracts in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this section or by a grant agreement made or entered into pursuant to this section.
II. 
Construction and completion bond. Unless otherwise provided in a license agreement, a performance bond written by a corporate surety acceptable to the Borough equal to at least 100% of the estimated cost of constructing licensee's telecommunications facilities within the public ways of the Borough shall be deposited before construction is commenced.
(1) 
The construction bond shall remain in force until released by the Borough. The licensee may apply, in writing, for such release upon the lapse of at least 60 days after substantial completion of the work, as determined by the Borough Engineer, including restoration of public ways and other property affected by the construction. The Borough Engineer shall, within 45 days of receipt of the licensee's written request for release, file a written recommendation with the governing body concerning the release. The Borough Council shall take formal action on the request for release within 45 days of the filing of the Borough Engineer's recommendation.
(2) 
The construction bond shall guarantee, to the satisfaction of the Borough:
(a) 
Timely completion of construction;
(b) 
Construction in compliance with applicable plans, permits, technical codes and standards;
(c) 
Proper location of the facilities as specified by the Borough;
(d) 
Restoration of the public ways and other property affected by the construction;
(e) 
The submission of as-built drawings, as well as a computer aided design and drafting (CADD) files containing the drawings in the .dwg format, after completion of the work as required by this section; and
(f) 
Timely payment and satisfaction of all payments then due to the Borough, all claims, demands or liens for labor, material or services provided in connection with the work.
JJ. 
Coordination of construction activities. All licensees are required to cooperate with the Borough and with each other.
(1) 
By February 1 of each year, licensees shall provide the Borough with a schedule of their proposed construction activities in, around or that may affect the public ways.
(2) 
Each licensee shall meet with the Borough, other licensees and users of the public ways annually or as determined by the Borough to schedule and coordinate construction in the public ways.
(3) 
All construction locations, activities and schedules shall be coordinated, as ordered by the Borough Engineer, to minimize public inconvenience, disruption or damages.
KK. 
Assignments or transfers of license. Ownership or control of a telecommunications system or license may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the licensee, by operation of law or otherwise, without the prior consent of the Borough, which consent shall not be unreasonably withheld or delayed, as expressed by formal act and then only on such reasonable conditions as may be prescribed therein.
(1) 
No license shall be assigned or transferred in any manner within 12 months after the initial grant of the license, unless otherwise provided in a license agreement.
(2) 
Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
(3) 
Licensee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the Borough not less than 150 days prior to the proposed date of transfer:
(a) 
Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment;
(b) 
All information required of a telecommunications license applicant pursuant to this chapter with respect to the proposed transferee or assignee;
(c) 
Any other information reasonably required by the Borough.
(4) 
No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this chapter.
(5) 
Unless otherwise provided in a license agreement, the grantee shall reimburse the Borough for all direct and indirect fees, costs, and expenses reasonably incurred by the Borough in considering a request to transfer or assign a telecommunications license.
(6) 
Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the Borough under this section or pursuant to a license agreement shall be void and is cause for revocation of the license.
LL. 
Transactions affecting control of grant. Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee, of the ownership or working control of a telecommunications license or the ownership or working control of affiliated entities having ownership or working control of the licensee or of a telecommunications system, or of control of the capacity or bandwidth of licensee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Borough approval pursuant to Subsection KK hereof. Transactions between affiliated entities are not exempt from Borough approval.
MM. 
Revocation or termination of license. A license granted by the Borough to use or occupy public ways of the Borough may be revoked for the following reasons:
(1) 
Construction or operation in the Borough or in the public ways of the Borough contrary to a license grant.
(2) 
Construction or operation at an unauthorized location.
(3) 
Unauthorized substantial transfer of control of the licensee.
(4) 
Unauthorized assignment of a license.
(5) 
Unauthorized sale, assignment or transfer of licensee's assets, or a substantial interest therein.
(6) 
Misrepresentation or lack of candor by or on behalf of a licensee in any application to the Borough.
(7) 
Abandonment of telecommunications facilities in the public ways.
(8) 
Failure to relocate or remove facilities as required in this section.
(9) 
Failure to pay fees and costs when and as due the Borough.
(10) 
Insolvency or bankruptcy of the licensee.
(11) 
Violation of material provisions of this section.
(12) 
Violation of the material terms of a license agreement.
NN. 
Notice and duty to cure. In the event that the Borough Council believes that grounds exist for revocation of a license, it shall give the licensee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the licensee a reasonable period of time not exceeding 30 days to furnish evidence:
(1) 
That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.
(2) 
That rebuts the alleged violation or noncompliance.
(3) 
That it would be in the public interest to impose some penalty or sanction less than revocation.
OO. 
Hearing. In the event that a licensee fails to provide evidence reasonably satisfactory to the Borough Council as provided in Subsection NN. hereof, the Council shall provide the licensee with notice and a reasonable opportunity to be heard concerning the matter.
PP. 
Standards for revocation or lesser sanctions. If persuaded that the licensee has violated or failed to comply with material provisions of this section, or of a license agreement, the Council shall determine whether to revoke the license or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
(1) 
Whether the misconduct was egregious.
(2) 
Whether substantial harm resulted.
(3) 
Whether the violation was intentional.
(4) 
Whether there is a history of prior violations of the same or other requirements.
(5) 
Whether there is a history of overall compliance.
(6) 
Whether the violation was voluntarily disclosed, admitted or cured.
QQ. 
General. No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the Borough except as provided in this section.
RR. 
Construction codes. Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state, and local codes, rules and regulations, including the Electrical Code currently in effect.
SS. 
Construction permits. No person shall construct or install any telecommunications facilities within the Borough without first obtaining a license therefor; provided, however, that no license shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a license pursuant to this section.
TT. 
Engineer's certification. All license applications shall be accompanied by the certification of a professional engineer licensed in New Jersey that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.
UU. 
Traffic control plan. All license applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with the New Jersey Department of Transportation regulations, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic. The plan will be submitted to the Atlantic Highlands Borough Chief of Police for review and approval. The Borough may require the applicant to hire traffic directors (off-duty police officers) on an as-needed basis.
VV. 
Construction schedule. The licensee shall submit a written construction schedule to the Borough Engineer 10 working days before commencing any work in or about the public ways. The licensee shall further notify the Borough Engineer not less than two working days in advance of any excavation or work in the public ways.
WW. 
Display of license. The licensee shall maintain a copy of the license and approved plans at the construction site, which shall be displayed and made available for inspection by the Borough Engineer or his representatives at all times when construction work is occurring.
XX. 
Survey of underground facilities. If the license specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the licensee shall cause the location of such facilities to be verified by a licensed New Jersey land surveyor. The licensee shall relocate any facilities which are not located in compliance with license requirements.
YY. 
Noncomplying work. Upon order of the Borough Engineer, all work which does not comply with the license, the approved plans and specifications for the work, or the requirements of this section, shall be removed.
ZZ. 
Completion of construction. The licensee shall promptly complete all construction activities so as to minimize disruption of the Borough ways and other public and private property. All construction work authorized by a license within Borough ways, including restoration, must be completed within 120 days of the date of issuance.
AAA. 
As-built drawings. Within 60 days after completion of construction, the licensee shall furnish the Borough with two complete sets of plans, drawn to scale and certified to the Borough as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit. This information shall be provided through computer aided design and drafting (CADD) files in a .dwg file format.
BBB. 
Restoration of improvements. Upon completion of any construction work, the licensee shall promptly repair any and all public and provide property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction.
CCC. 
Landscape restoration.
(1) 
All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities replaced or restored as nearly as may be practicable, to the condition existing prior to performance of work.
(2) 
All restoration work within the public ways shall be done in accordance with landscape plans approved by the Borough Engineer.
DDD. 
Exceptions. Unless otherwise provided in a license agreement, all telecommunications carriers are subject to the requirements of this chapter.
EEE. 
Responsibility of owner. The owner of the facilities to be constructed and, if different, the licensee, are responsible for performance of and compliance with all provisions of this chapter.