Borough of Ho-Ho-Kus, NJ Special Regulations

Quantity. Provision shall be made for at least three off-street parking spaces for each dwelling unit hereinafter erected. Nonresidential uses permitted in residential zones shall provide the number of parking spaces required by the specific use prescribed in the parking schedule in Subsection B. Carports shall be prohibited.

Townhouses. At least two off-street parking spaces shall be provided per dwelling unit, plus 1/4 parking space per unit to provide for visitors. At least one parking space shall be enclosed within the townhouse structure or in an accessory garage.

[Added 12-11-1985 by Ord. No. 589]

Nonresidential off-street parking.

For all new buildings or uses in the nonresidential zones, there shall also be provided the number of off-street parking spaces required by the specific use in accordance with the following schedule:

	Off-Street Parking Schedule
	Uses	Required Parking Area/Spaces
	All commercial establishments and office buildings, except restaurants and service stations	3 square feet of parking area for every 4 square feet of gross floor area of the structure, including basement space
	Restaurants, except quick-service restaurants	1 square foot of parking area for every 1 square foot of gross floor area of the structure
	Industrial	1 space for each 1 1/2 intended to be employed in such structure, together with necessary visitor parking space, receiving, loading and driveway space as may be required by the Planning Board
	Churches, community buildings and other places for public assembly	1 space for each 4 persons designed to occupy such structure
	Service stations	3 spaces for each bay
	Health clubs [Added 6-27-2000 by Ord. No. 829]	2 square feet of parking area for every 4 square feet of gross floor area of the structure

In using the above table for calculating required parking spaces, if the number derived comes out to be a fraction of a parking space, the required number shall be rounded off to the next higher whole number.

Any building containing more than one use shall meet the combined parking space requirements for all uses in buildings.

In the event that any structure does not fall within any of the above categories, then off-street parking areas shall be provided in size equivalent to one square foot of usable parking area for one square foot of usable net floor area of the structure.

General requirements for nonresidential off-street parking. Unless otherwise provided in this chapter, all nonresidential off-street parking and loading areas shall meet the requirements of Chapter 32B, Land Subdivision and Site Plan Review.

Common parking. Any owner or group of owners of a business building or buildings in a commercial district may jointly sponsor off-street parking facilities, provided that the area of the parking facility equals the total area required for each owner participating therein, that such jointly sponsored facilities comply with all other requirements of this chapter, and further provided that any participating use is no further from the parking area than 300 feet.

Off-street loading space (industrial park districts only).

Number of loading spaces: one off-street loading space for each establishment or one space for each 25,000 square feet of gross floor area.

Location. Off-street loading spaces shall be located in the side or rear yard only, but in no case in a side yard adjoining a street.

Loading space as required under this section shall be provided in an area in addition to off-street parking spaces and shall not be considered as supplying off-street parking space.

§ 85-37 Signs.

[Amended 3-28-1989 by Ord. No. 638; 9-25-1990 by Ord. No. 665; 10-25-1994 by Ord. No. 739; 11-24-1998 by Ord. No. 810; 12-16-2003 by Ord. No. 882; 9-27-2011 by Ord. No. 997; 3-20-2012 by Ord. No. 1006; 5-26-2015 by Ord. No. 1036; 4-26-2016 by Ord. No. 2016-04; 3-24-2020 by Ord. No. 2020-32; 12-21-2021 by Ord. No. 2021-63]

Compliance required.

Unless otherwise exempted within this section, no person shall erect, alter, relocate, maintain, reconstruct, or cause to be erected, altered, relocated, or reconstructed any sign of any type or description unless he/she shall have submitted a sign application to the Planning Board, have the sign reviewed and approved by the Planning Board or it's designee, applied for a sign permit and secured a sign permit from the Zoning Officer/Construction Code Officer.

All signs hereafter erected or maintained, except official traffic and street signs, shall conform to the provisions of this chapter. Any signs not specifically permitted are hereby prohibited.

Purpose: to regulate signs in the Borough to promote the public health, safety, morals, and general welfare. The regulations contained herein are based upon these principals and those enumerated in the Borough Master Plan and periodic reexamination reports, including the following:

To promote a desirable visual environment.

To improve traffic safety and aesthetics by limiting sign clutter and impediments.

To protect property and economic values of the community by creating a favorable physical image.

To maintain adequate light, air and open space.

Permit procedures.

No sign shall be constructed, erected, displayed, altered, relocated or reconstructed unless a building permit shall have first been obtained from the Construction Code Official.

A permit shall be required for the erection, alteration or reconstruction of any sign, except as noted in Subsection F below. The advertiser shall be responsible for securing the permit and payment of applicable fees shall be deposited. [See Article III.][1]

Editor's Note: Fees can be found in Chapter 32A, Land Use Procedures, Article III, and Chapter 77, Uniform Construction Code Department, Article III, of the Borough Code.

Any wall sign attached to a building or freestanding sign on a property, except for a temporary sign or public banner sign as noted herein, shall be required to obtain the approval of the Borough Planning Board or its designee.

No person shall make a sign permit application for the issuance of a sign permit without first obtaining the written consent of the owner of the subject premises using the Borough applicable forms. Said consent shall be submitted to the reviewing authority at the same time as the filing of the sign application.

Each application shall include sign plans showing the specific design, location, and indicating the size, construction, color or colors and material, including an illustration or photo-simulation to be used in relation to the existing building facade where it is to be installed. Such sign plan shall include details on the following:

Letter style.

Lighting source.

Colors.

Construction and materials.

Height of sign.

Height above grade or below roofline.

Dimensions.

Text of sign.

Prohibited sign and sign features.

No sign causing radio, microwave or television interference shall be permitted.

Only those signs identifying the name, business, occupant, service, address or product offered or sold on the premises shall be permitted to be erected.

Signs attached to a principal structure shall not be erected on, attached to or extend above the roofline or parapet or project above the highest elevation of the wall to which they are attached.

There shall be no digital, flashing, moving, rotating or apparent motion signs or lights, as well as streamers, pennants and similar displays.

No sign shall be painted on or affixed to water towers, storage tanks, smokestacks or similar structures.

No private sign shall be erected within the right-of-way of any street, nor shall any sign be located so as to constitute a traffic hazard.

No sign shall be placed so as to interfere with or be mistaken for a traffic light or similar safety device or interfere with traffic visibility.

Off-premises billboard or billboard signs shall be prohibited in all districts.

No sign shall be placed, located or displayed upon any sidewalk.

Projecting signs are prohibited.

No signs are permitted on trees or utility poles in any district.

(12)

Advertising searchlights will not be permitted at any time outside a building.

(13)

Signs shall be constructed of wood or carved wood material, not of metal, except as specifically permitted herein. Freestanding sign support posts may be constructed of metal or masonry composite designed and detailed to be complementary to the theme of the sign design and building style.

[Amended 6-28-2022 by Ord. No. 2022-69]

General sign regulations.

If the Property Maintenance Official finds that any sign has been erected in such a manner or has deteriorated to such a degree as to be unsightly or to constitute a hazard to the general public, it shall be removed or repaired to the satisfaction of the Property Maintenance Official within 48 hours after written notice of such condition has been served upon the owner, owner's agent, lessee or occupant. Failure to comply therewith shall be a violation of this chapter and subject to its penalties. The Property Maintenance Official may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice.

Directional signs shall give vehicular and pedestrian movement instructions on site. No off-site directional or advertising signs shall be permitted. Direction signs (entrance-exit, one-way, etc.) shall not exceed two square feet in area and are exempt from total sign area limits. Such signs must be at least two feet off of front property lines and at least five feet off of side property lines. No business logos are permitted on directional signs.

Any sign supported by one or more uprights or braces upon the ground and not attached to any building shall be considered a ground sign. The area surrounding ground signs shall be kept neat, clean and landscaped. The owner, lessee or occupant of the property upon which the sign is located shall be responsible for maintaining the condition of the area.

Any sign placed against the exterior wall of any building or other structure so that the display surface is parallel to the face of the wall and signs painted on the exterior of a wall or on a window shall be deemed to be wall signs. They shall advertise only the permitted use or approved use, products or services on the premises on which they are displayed.

All signs painted or pasted permanently or temporarily on windows, walls or facades shall comply fully with sign area requirements as permitted herein.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold on said premises shall be taken down and removed by the lessee, owner, agent or person having the beneficial use of the building or structure upon which such sign may be found within 10 days after written notification from the Zoning Official, and, upon failure to comply with such notice within the time specified in such order, the owner of the premises shall be considered to be in violation of this chapter and subject to its penalties.

When the owner or lessee of a sign vacates the premises upon which the sign is located, said sign(s) must be removed unless the new owner or lessee intends on using the existing sign(s) without alteration.

A coordinated graphics sign design theme throughout a building or property is encouraged. The design theme should include a consistent style and size of lettering, construction materials, colors, location, type of pole or standard, size and lighting as permitted herein. The color of letters and backgrounds should be coordinated in relation to the color of the material or buildings or where the signs are proposed to be located.

[Added 6-28-2022 by Ord. No. 2022-69]

Computation of sign area and height.

Computation of area of individual signs. The area of a sign face shall be computed as the total square foot content of the background or panel upon which the lettering, illustration or display is presented, excluding any base support or frame, unless the support or frame is an integral part of the sign. If there is no background or panel, the sign area shall be the rectangle which is the product of the largest horizontal and vertical dimensions of the lettering, illustration or display.

Computation of area of multifaceted signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any one point at the same time, and when such faces are part of the same sign structure and are not more than 42 inches apart at any point, the sign area shall be computed by the measurement of one of the faces.

Computation of sign height. The height of a sign shall be computed as the distance from the base of the sign at street grade to the top of the highest attached component of the sign. The sign height of a freestanding sign shall include the height of its base.

The following diagrams identify how to calculate the area of individual signs, as well as the sign height, for both wall and freestanding signs:

Illumination.

All illuminated signs shall be directly lighted by the fixture. No sign shall be lighted by means of flashing or intermittent illumination. No sign shall be back lighted or constructed of any material which permits the passage of light or allows light to be seen through the material so as to illuminate the exterior surface or any portion of the exterior portion of the surface of the sign. The direct source of all lights used for the illumination of any use or building or the area surrounding them or for the illumination or display of merchandise or products of business establishments shall be completely shielded in such a manner that they are not visible from the street or adjoining property. Floodlights used for the illumination of said premises or of any sign thereon, whether or not such floodlights are attached to or separate from the building, shall not project light above the height of the highest elevation of the illuminated wall of the building.

All exterior illuminated signs shall be extinguished by 10:00 p.m. or at the close of business, whichever is later.

No internally illuminated or neon signs or similar signs using an inert gaseous element to emit illumination shall be permitted.

Illuminated signs within the interior of a structure designed to be seen from the exterior shall meet all the requirements of exterior signs, including, but not limited to, maximum size area.

If using LED lamps, the color of the illumination shall be within the 3,000 Kelvin to 4,000 Kelvin range of color.

Exemptions. Exemptions. The provisions of this chapter shall not apply to the following signs; provided, however, that said signs shall remain subject to other provisions of this chapter:

A memorial sign or tablet or sign indicating the name of a building or the date of its erection, when cut into any masonry surface or when constructed of bronze or other noncombustible material, not exceeding three square feet.

Signs for public convenience and welfare erected by or on behalf of the United States of America, the State of New Jersey, the County of Bergen and the Borough of Ho-Ho-Kus, traffic controls in private ways and parking lots, legal notices, railroad crossing signs or other signs as required by law. Signs such as "public rest room(s)" or words or directions of similar import shall not exceed 72 square inches in total area, and only one sign of each type shall be displayed.

Public interest signs: signs, markers or plaques of a noncommercial nature in all zone districts which are in the public interest and convey a message that does not propose a commercial transaction or advance an economic interest and are restricted to signs for historical, charitable, and cultural interests of a noncommercial nature only. Such signs shall be erected only upon resolution of the Mayor and Council of the Borough of Ho-Ho-Kus, after referral to the Planning Board for review and recommendation. Historic public interest signs shall be subject to the following regulations:

No historic marker, sign or plaque (hereinafter "historic sign") shall be erected in any zone unless it complies with the regulations of this chapter.

The applicant shall be responsible for signage, support posts, mounting brackets and installation on approved footings.

Outdoor historic signs shall be permanent and contain historical facts about Ho-Ho-Kus, including names, dates, and titles.

Historic signs shall tell a story or explain facts about a particular area or site. No other message shall be permitted.

Historic signs may be constructed of cast aluminum or brass and may be imprinted on one or both sides.

Overall dimensions of the historic sign shall not exceed two feet in height and two feet in width. A bump-out which does not exceed two inches in width at the top of the historic sign shall not be subject to these dimension requirements.

The base of the historic sign shall be secured to a platform footing. Footings shall be at least one foot by one foot and three feet deep.

Footings shall be five feet from the curbline and in the Borough right-of way.

Multiple historic signs are not permitted.

(j)

Lighting of outdoor historic signs is not permitted.

(k)

Historic signs, whether indoor or outdoor, shall be black in color with raised satin-finished letters.

(l)

After proper approved installation, the historic sign shall become the property of the Borough of Ho-Ho-Kus.

Nonconforming signs.

Where a nonconforming sign exists on property, no permit shall be issued to erect an additional sign on property containing a nonconforming sign until such time as the nonconforming sign has been removed.

A sign existing on the effective date of the adoption of this section which does not conform to any provision thereof shall be deemed a nonconforming use and may be continued, maintained and repaired upon its present premises, provided that such sign was lawful under any prior ordinance. Nothing herein shall be construed to prohibit the normal maintenance of a legal nonconforming sign, such as bulb replacement, painting or replacement of existing lettering.

[Amended 6-28-2022 by Ord. No. 2022-69]

Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and there is issued by the Construction Code Official a sign permit. Any new sign hereafter erected, either for a new building or a change in tenancy of an existing building, shall comply with all the provisions of this chapter.

Any sign which has been damaged to the extent that reconstruction of the original sign structure would exceed 50% of the sign shall be deemed as destroyed, and the owner thereof shall not be permitted to erect or restore said sign except in accordance with this chapter.

Temporary signs.

Temporary window display signs. The following regulations shall apply to all temporary window display signs:

Window display signs are permitted as integral components of the window display of merchandise and advertising sales. No signs, however, shall be attached in any manner to the outside of display windows.

Window display signs, when attached to the inside of display windows, shall cover an aggregate maximum of 20% of such area.

Window display signs erected for the purpose of advertising sales within the premises shall not remain for more than 14 consecutive days.

Announcement signs for future events. One sign per lot is permitted to announce any educational, charitable, civic, religious or like campaign or event, and such sign may be displayed for a consecutive period not to exceed 30 days in any one calendar year and such event sign shall be removed within seven days after the completion of the event. No such sign shall exceed nine square feet in total area. Said sign may relate to the use of a premises other than that upon which the sign is located. All such signs shall not be placed in the public right-of-way.

Signs permitted for residential uses.

Nameplate and identification signs for single-family dwellings in all districts. A sign indicating the name or address of the occupant may be permitted, provided that the sign shall be no larger than one square foot. Only one sign per dwelling unit is permitted in addition to a mailbox identification sign.

Signs permitted for schools and churches.

Nameplate and identification signs for schools and churches in residential districts:

One exterior freestanding sign not more than 16 square feet in area may be displayed on the same premises, setting forth the name of a school or place of worship and may include a facility activity bulletin sign. No such sign shall be higher than six feet as measured from the average grade at the base of the sign.

Not more than one such sign shall be placed on a property unless such property fronts upon more than one street in which event two such signs may be erected, one on each of the two frontages. If such signs are illuminated, the direct source of light shall be shielded in such a manner as not to be visible from the street or any adjoining residential property. No such signs shall be erected within 15 feet of any street right-of-way line and higher than six feet.

No other signs of any description, other than an address sign not more than one square foot in area, may be placed anywhere in the front yard and except as listed under Subsection H, Exemptions.

Signs permitted for public or semipublic buildings.

[Amended 10-25-2022 by Ord. No. 2022-74]

No signs or public informational banners are permitted on public or semipublic buildings, other than the Borough of Ho-Ho-Kus may elect to erect or permit to be erected upon application a government speech sign expressing official sentiments, which are not intended to serve as a forum for free expression by the public. Signs permitted under this chapter may be erected and maintained, provided that:

The size of any freestanding sign shall not exceed 16 square feet and not more than one such sign is placed on a property unless such property fronts upon more than one street, in which instance a sign may be erected on each frontage. No freestanding sign shall be higher than six feet as measured from the average grade at the bottom of the sign.

Signs affixed to the facade of the structure shall be permitted, provided that the sign shall not exceed 5% of the building facade. No such sign shall be higher than 20 feet as measured from the average facade elevation.

An approved municipal public informational banner shall be permitted at a Borough-approved public property location. The size of such freestanding public informational banner sign shall be 48 inches high by 96 inches wide. Application for such banners shall be made at the Borough Zoning Department.

Signs permitted for business-related uses (single business tenanted buildings).

Wall and freestanding signs shall be permitted as identified in this section.

The total area of all signs inside or outside each main building on any one property shall not exceed two square feet per foot of building frontage or 60 square feet, whichever is the smaller, and the lesser dimension of any sign shall not exceed two feet, except as provided in Subsection N(1)(f) below:

Signs shall not be erected higher than the following limits at their highest points:

Wall signs: 20 feet.

Freestanding signs: six feet.

Only wall signs shall be permitted.

No sign shall project over a property line or over the public sidewalk.

All signs shall be attached to the main building.

Signs painted or otherwise affixed to the windows of a building shall be subject to the same limitations in size as outside signs, except the lesser dimension of any window sign shall not exceed four feet.

Frontage, as mentioned above, shall be the actual length of the street side of the main building.

In the case of a building located so as to expose one side for sign purposes, a sign no larger than 10 square feet in area may be mounted on the exposed side, but the area permitted for the principal sign shall be decreased by the amount of this single secondary sign.

In the case of buildings located at the intersection of two streets, the total sign area permitted may be divided into two signs.

(j)

In the cases with frontage on two streets, the frontage shall be considered to be 1/3 the sum of the frontages on each street in determining size limitations.

Awning signs. The following criteria pertain to awning permitted signs on an awning:

Lettering constituting the name of the business conducted on the premises and/or a logo symbol shall be permitted, and such name and/or logo symbol shall be deemed to be a sign. Address number(s) shall be required.

No lettering, logo or symbol identifying the business shall exceed eight inches in height. The address numbers shall not exceed six inches in height and shall be located within the bottom 1/3 of the front of the awning, on the awning valance, canopy or marquee on both sides.

Signs permitted for business-related uses (multitenanted buildings or industrial parks).

[Amended 6-28-2022 by Ord. No. 2022-69]

Each such tenant or user shall submit a tenant signing plan to the Planning Board for approval.

The signing plan shall be based on an integrated design theme to include all of the elements in Subsection C(5). All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of the principal structures and the landscaping plan. The reviewing board, in its sole discretion, shall determine if a proposed signing plan meets the goals and objectives of this subsection.

No such tenant sign mounted to the building shall be higher than 20 feet as measured from the average facade elevation. If such tenant sign is freestanding, it shall be no higher than six feet.

A building-wall-mounted and/or a freestanding tenant directory ground sign is permitted for a multitenanted or multiuse building as permitted herein. A freestanding tenant directory sign is permitted only where a principal building is set back a minimum of 40 feet from a street ROW providing access to said property; otherwise, a directory sign shall only be attached to the principal building. Such tenant directory sign background shall be constructed of wood, except the individual tenant plaques may be composed of a nonwood, plastic or metal material. A tenant directory sign in the IP Industrial Park zones may be constructed of metal, wood or wood-simulated composite material. The tenant sign shall be permitted to identify the name of the building in addition to the businesses on the premises. The directory sign shall have a maximum sign area of 25 square feet and a maximum height of six feet from grade at the base of the sign and a width of no greater than eight feet. Freestanding tenant directory signs shall have a minimum setback of five feet from a street line or right-of-way line and five feet from a property line.

Signs permitted for service station uses.

One stationary freestanding identification sign not to exceed 20 feet in height and not to have an excess of comprised of a maximum of 36 square feet for gas station identification purposes (including the company or brand name, insignia or emblem), and a maximum of 24 square feet for price display and related purposes, provided that it does not extend over or beyond the property line or over the public sidewalk.

No sign shall be permitted on a canopy over the gas pumps.

Signs attached to fuel pumps indicating the unit price per gallon of fuel are permitted. Such signs shall not exceed one square foot in area per sign per individual pump.

No signage may be illuminated after business hours.

Lettering or other insignia which are a structural part of the gasoline pumps, as manufactured, shall be permitted.

Credit card signs may be placed on or near the gasoline pump islands, not to exceed a maximum one square foot per sign per island.

§ 85-37.1 Satellite antennas.

[Added 8-27-1985 by Ord. No. 586]

All satellite antennas shall be in compliance with the following regulations:

The service area of a satellite antenna reflective dish shall not exceed 10 feet in diameter.

A satellite antenna reflective dish shall be constructed in conformance with manufacturer's specifications and shall be anchored in a solid concrete foundation so that the front face of the dish shall withstand a static wind load of not less than 75 miles per hour.

The overall height from the mean ground level to the highest point of the satellite antenna and any attachments thereto when extended to their full height shall not exceed 13 feet.

The satellite antenna shall be located in the rear yard and shall comply with the yard and setback requirements for the principal structure on the lot.

The satellite antenna shall be located and screened to minimize motor noise and visibility from the street and adjacent properties. The ability of the applicant to install the satellite antenna in an unobtrusive location and to minimize the noise impact on adjacent properties shall be a major factor in determining whether or not a site plan shall be approved.

A satellite antenna shall only be permitted on a lot that contains a residence and it shall be designed for use solely by such residents.

No lot shall contain more than one satellite antenna as heretofore regulated.

Site plan approval by the Planning Board will be required for the installation of a satellite antenna in all zone districts. Each application shall include an antenna plan showing the specific design, location, size and construction of the proposed antenna which shall comply in all respects with the standards enumerated herein.

The procedure for application to the Planning Board on site plan approval shall be identical to the procedure established for approval of a major site plan in accordance with Chapter 32A of this Code and the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.).

§ 85-37.2 Awnings, canopies and marquees.

[Added 7-25-1995 by Ord. No. 749]

Site plan application.

Awnings, canopies and marquees are deemed to be structural components of any building, and no site plan approval shall be granted until the applicant has set forth the information required by Subsection D, Permit procedure, and presented to the Planning Board plans setting forth how the same shall be located upon the building or structure to which it is to be attached so that the Board may determine and ensure compliance with the requirements of this chapter.

No modification, repair (other than normal maintenance), reconstruction, relocation or alteration of a structure or structural component of an existing awning, canopy or marquee shall be permitted unless a site plan or an amended site plan application has been filed and presented to the Planning Board for approval, setting forth the information required by Subsection D, Permit procedure, and how the same shall be located upon the building or structure to which it is to be attached so that the Board may determine and ensure compliance with the requirements of this chapter.

Prohibitions.

No structural support may extend from the building above the top surface of the awning, canopy or marquee.

No awning, canopy or marquee shall be of more than three colors, inclusive of any color used for the permitted lettering or logo. White and black shall be deemed to be colors.

No lettering, signs, symbols or logos are permitted on any part of the awning, canopy or marquee, except as permitted in § 85-37N(3) and as applicable

[Amended 12-21-2021 by Ord. No. 2021-63]

No portion of any awning shall extend more than four feet beyond the building and shall not be less than six feet eight inches in the clear above any surface. All awnings shall be permitted to extend the length of the building within the GB General Business District. All other districts shall be limited to the window and/or doorway area of the building.

[Amended 3-26-2019 by Ord. No. 2019-21; 12-21-2021 by Ord. No. 2021-63]

No awning, canopy or marquee shall be permitted which will be in such a form or presented in such a manner as may confuse or dangerously distract motorists within view thereof.

No awning, canopy or marquee shall be constructed in such a manner so as to permit the framework or structure to be viewed from either end, and, where necessary, the ends shall be enclosed with the same material used to construct the canopy or awning.

No awning, canopy or marquee shall be backlighted or be constructed of any material which permits the passage of light or allows light to be seen through the material so as to illuminate the exterior of the awning, canopy or marquee.

No awning, canopy or marquee shall be permitted to extend above the height of the first floor in a two- or more story building, or 15 feet in a one-story building, except that individual awnings, canopies or marquees may be erected over windows located on floors above the first floor.

No awning, canopy or marquee shall be supported from the ground where such support rests upon or interferes with public property or a public right-of-way.

No awning, canopy or marquee shall be affixed to any commercial building or structure in any zone district so as to have a minimum height of less than seven feet from the ground at any point; nor shall any awning extend more than five feet from the building or structure to which it is attached or four feet in the case of a canopy or marquee.

Maintenance.

All awnings, canopies or marquees shall be maintained in a clean and neat-appearing condition, and such maintenance, where applicable, shall include regular cleaning and removal and repainting of any chipped or blistered paint or replacement of fabric or material which is cracked, torn, ripped or otherwise disintegrating.

Any awning, canopy or marquee which no longer identifies a bona fide business shall be taken down and removed or modified by the owner of the premises within 30 days after such business has ceased, and any permits or approvals therefor shall be deemed to have expired at such time.

If the Construction Code Official finds that any awning, canopy or marquee has been erected in such a manner or has deteriorated to such a degree as to be unsightly or to constitute a hazard to the general public the hazard shall be eliminated within 24 hours, and the awning, canopy or marquee shall be removed or repaired to the satisfaction of the Construction Code Official within seven days after written notice of such condition has been served upon the owner, owner's agent, lessee or occupant. Failure to comply therewith shall be a violation of this chapter and subject the offender to its penalties.

Permit procedure.

No awning, canopy or marquee (unless otherwise specifically provided herein) shall be erected without first having obtained an approval as required herein by the Planning Board. Applications for said permit shall be made in writing and shall set forth the following information:

The name, address and telephone number of both the applicant and the owner of the premises.

The location of the building upon which the awning, canopy or marquee is to be erected.

The proposed location and position of the awning, canopy or marquee, including its relationship to adjoining buildings or structures, height from grade and distance from property line located on a survey.

A sketch or drawing showing all dimensions, coloration and lettering.

Materials and details of construction.

Application for a permit for the erection of an awning, canopy or marquee shall be to the Planning Board.

The normal maintenance, cleaning and repair of an awning, canopy or marquee shall not require a permit.

Any approvals granted by the Planning Board under the provisions of this section may, at the option of said Board, be specifically conditioned upon the approval of the Construction Code Official.

Every application, except that made by a municipal, county or state authority or agency, shall be accompanied by a fee as prescribed by Chapter 77, Uniform Construction Code Department.

§ 85-37.3 Fences.

[Added 12-17-2002 by Ord. No. 864; amended 12-16-2003 by Ord. No. 881]

Intent. The intent of this section is to establish requirements governing the construction, erection or installation of any fence located on or adjacent to the boundary lines of any lot or parcel of land within the limits of the Borough of Ho-Ho-Kus. The requirements set forth herein are designed to prevent the construction of such fences in such a manner as to restrict visibility through or across such lands at locations where such visibility is necessary for the safe operation of vehicles passing, entering or leaving any lot or parcel of land located on a public thoroughfare. Such requirements are also intended to provide for reasonable screening and separation between properties to ensure the sense of privacy or improve the visual environment between uses.

Permit requirements. Before any fence may be erected, altered or reconstructed, an application must be made to the Zoning Official for a permit. The application shall include a plot plan showing the location of the fence, a description of the type of fence including any decorative features to be erected and the height of the fence, the adjacent street or streets and include a general indication of the topographic conditions where the fence is to be constructed. The application must be accompanied by a fee of $50. The Zoning Official shall determine whether the application meets the provisions of this section. Prior to issuing a permit for a front yard fence, said fence location shall be properly marked, staked and approved by the Zoning Official, Police Chief and Superintendent of Public Works and Water.

Prohibited types of fencing. The following fences and fencing materials are specifically prohibited in any location: barbed-wire fences, razor-wire fences, sharp-pointed fences or fences topped with sharp edges, canvass cloth, electrified-charged fences, wire mesh, expandable fences and collapsible fences, or other fences that may cause a danger or hazard to the public.

Exceptions. All temporary environmental and construction fences, including but not limited to snow fences and soil and sediment control fences, are permitted and shall be removed upon determination of the Zoning Official. Small garden fences and child play fences internal to residential properties are not intended to be regulated by this chapter.

Maintenance of fences. All fences shall be painted, stained, galvanized or of a natural resistant wood or otherwise treated to prevent rust, rot, excessive weathering or other rapid deterioration and should otherwise be properly maintained.

General requirements.

No fence shall be located on any property in any way which violates the provisions of the Borough ordinance which provides for site triangles at street corners, at intersections of driveways and parking area access with streets. No fence shall be located in the Borough right-of-way.

All fences must comply with current Uniform Construction Code requirements. Fences that require footings or foundations shall be considered to be structures and shall be subject to the ordinance bulk requirements in the appropriate zone.

In determining the height of fences, the following shall apply:

For fences that are not uniform in height along the top of the fence, the height shall be measured to the highest point of the fence, including decorative features.

For fences located on sloping ground, the height shall be measured from the grade directly below the bottom of the proposed fence.

Fence height shall be measured from the normal ground level as defined in § 85-7B.

Fences shall be constructed in such a manner that the dressed side of the fence shall face the adjacent property or the public right-of-way, excluding railroad property. All supports for the fence shall be on the interior of the fence, with the exception of decorative posts, which shall also face their dressed sides to adjacent properties or public rights-of-way.

All fences shall be entirely on the property of the party installing the fence and must be maintainable from that property.

Split-rail or post-and-beam fences may be constructed in any yard, may not exceed four feet in height from the normal ground level with posts not closer than eight feet on centers.

Fences in residential zones. In residential zones, the requirements for fences shall be as follows:

Fences in residential zones, shall not exceed the following heights:

Front yard: four feet.

Side and rear yards: six feet.

[Amended 2-26-2008 by Ord. No. 932]

Portion of side and rear yards bordering on State Highway No. 17 or on business or industrial zones or railroad property: six feet.

No fence or any portion thereof located in a front yard shall have more than 50% of its composition of solid material. Front yard fences shall be no closer to the street than the front property line or five feet from the curbline, whichever is greater.

On a corner lot, fences may not be erected over 30 inches in height within 15 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility for traffic at the intersection.

Fences which enclose swimming pools and hot tubs shall be subject to the regulations contained in Chapter 67, Swimming Pools, of the Code of the Borough of Ho-Ho-Kus and the Uniform Construction Code of the State of New Jersey. Chapter 67, Swimming Pools, and the Uniform Construction Code of the State of New Jersey shall supersede this section.

Fences in business zones. In the business zones, the requirements for fences shall be as follows:

There shall be no solid fences erected in the front yard, unless required by the Planning Board or Board of Adjustment at the time of site plan approval. Nonsolid fences up to a height of four feet may be erected in the front yard, except that on a corner lot no obstruction including fences may be erected over 30 inches in height within 15 feet of the point of intersection of the front and corner side lot lines in order to maintain clear visibility at the intersection.

A solid or other type fence not to exceed six feet in height may be erected to enclose the rear yard of a property, including the area at the sides of the building up to the front yard, except that, on a corner lot or a lot running through from one street to another, any yard abutting a street shall be subject to the same regulations as a front yard.

Fences in industrial zones. In the industrial zones, the requirements for fences shall be as follows:

§ 85-37.4 Electronic pet containment systems.

[Added 12-20-2005 by Ord. No. 902]

Intent. The intent of this section is to establish requirements for an electronic pet containment system located on, or adjacent to boundary lines of, any residential lots or parcels of land within the limits of the Borough of Ho-Ho-Kus. The requirements set forth herein are designed to prevent improper or poor installation of such systems which might cause harm to the pet, domestic animal, owner, and members of the public. Such requirements are also intended to provide for reasonable notification to the public that the electronic pet containment system is in service.

Permit requirements. Before any electronic pet containment system may be installed, altered, or reconfigured, an application for a permit must be made to the Borough's Animal Control Officer. The application shall include a simple plot plan showing the location of the electronic pet containment system, a description of the adjacent street or streets, and a general indication of the topographic conditions where the electronic pet containment system is to be installed. The application must be accompanied by a fee of $75. The Animal Control Officer shall determine whether the application meets the provisions of this section.

[Amended 8-24-2021 by Ord. No. 2021-58]

General requirements.

Electronic pet containment systems are permitted in residential zones only.

No electronic pet containment system shall extend across property lines or be installed on common ground.

The antenna wire in connection with the system must be installed below ground with underground-rated wire and connectors. A signal with a minimum range of six feet must be emitted by the antenna wire.

An antenna wire must be installed no less than 14 feet from the nearest antenna wire.

The electronic pet containment system must be UL-listed and approved on all components.

The electronic pet containment system must be installed, operated, and maintained in accordance with the manufacturer's recommendations.

The collar/receiver batteries must be replaced in accordance with the manufacturer's specifications, or sooner if the receiver battery is dead.

The electronic pet containment system must be protected from lightning or power surges. A voltage surge arrester is required.

Installation of the electronic pet containment system is prohibited for aggressive or dangerous animals as determined by the Animal Control Officer, pursuant to N.J.S.A. 4:19-26.

A regiment training program consisting of at least two hours' instruction time using a leash, in accordance with the recommendations of the manufacturer of the electronic pet containment system, must be incorporated with the installation of the system, including a series of training flags. Such flags may be in place for a period not to exceed 60 days from the issuance of the permit. The Animal Control Officer shall have the discretion to grant an extension for the time of the placement of such flags upon a request in writing submitted prior to the expiration of such sixty-day period.

All animals which are introduced to an existing electronic pet containment system are required to be controlled by a leash and receive a regimented training program. The Animal Control Officer must be notified in writing of any such animal.

Antenna wire. The antenna wire in connection with an electronic pet containment system shall not be less than the following distances:

R-1 Zone:

Front yard: 10 feet from the sidewalk. If there is no sidewalk in existence, 10 feet from the curbline.

Side yard: 10 feet from the side lot line.

Rear yard: 10 feet from the rear lot line.

Corner lot: 10 feet from the sidewalk. If there is no sidewalk in existence, 10 feet from the curblines for the front and side yards that abut the side street.

R-2 Zone:

Front yard: 10 feet from the curbline or seven feet from the sidewalk, whichever is greater.

Side yard: Seven feet from the side lot line.

Rear yard: Seven feet from the rear lot line.

Corner lot: 10 feet from the curbline or seven feet from the sidewalk, whichever is greater for the front and side yards that abut the side street.

R-3 Zone:

Front yard: 10 feet from the curbline or seven feet from sidewalk, whichever is greater.

Side yard: Seven feet from the side lot line.

Rear yard: Seven feet from the rear lot line.

Corner lot: 10 feet from the curbline or seven feet from the sidewalk, whichever is greater for the front and side yards that abut the side street.

R-4 Zone:

Front yard: 10 feet from the curbline or seven feet from sidewalk, whichever is greater.

Side yard: Seven feet from the side lot line.

Rear yard: Seven feet from the rear lot line.

Corner lot: 10 feet from the curbline or seven feet from the sidewalk, whichever is greater for the front and side yards that abut the side street.

R-5 Zone:

Front yard: 10 feet from the sidewalk. If there is no sidewalk in existence, 10 feet from the curbline.

Side yard: 10 feet from the side lot line.

Rear yard: 10 feet from the rear lot line.

Corner lot: 10 feet from the curbline or 10 feet from the sidewalk, whichever is greater for the front and side yards that abut the side street.

Signs. A permanent-type sign shall be installed to notify the public that an electronic pet containment system is in service. The sign shall be prominently displayed in the front yard in full view. The requirements for such signs shall be as follows:

Corner lots shall have two signs, one for each street. The Animal Control Officer, in his or her discretion, may require additional signs under which he or she considers unusual circumstances.

Each sign shall be square, rectangular, or hexagonal in shape, the area of which shall not exceed 95 square inches and shall not be less than 92 square inches. Signs may be obtained from the Borough's Animal Control Office. The cost of the first sign obtained from the Animal Control Office shall be included in the application fee. Each additional sign may be obtained from that office at a cost of $20. A resident may install a sign not obtained from the Animal Control Office, provided that it is approved by the Animal Control Officer prior to installation.

The Borough shall furnish notice of requirements with regard to such signs in an annual mailing or newsletter to residents issued in or about the month of January.

Any electronic pet containment system which lawfully existed at the time of adoption of this section may be continued, provided that it meets with all requirements of this subsection with regard to the installation of signs.

Animal control enforcement procedures. Whenever the Animal Control Officer determines that there is or has been a violation of any provision of this section, he or she shall give notice of such violation to the person or persons or entities responsible thereof under this section. Such notice shall be in writing and shall include a concise statement of the reasons for its issuance. Such notice shall be deemed to be properly and sufficiently served if a copy thereof is sent, by registered or certified mail, to the last known address of the person or entity upon which the same is served, as shown by the most recent tax lists of the municipality; or a copy thereof handed to said person or persons; or a copy thereof left at the usual place of abode or office of said person or persons or entities. Notice shall be given as aforesaid within or without the municipality. The notice shall also state that unless the violation is abated, removed, cured, prevented, or desisted from within 10 days of the date of service of such notice, exclusive of the date of service, a summons shall be issued for such violation. The Animal Control Officer may, at the time he or she issued the notice, extend the period for compliance, with the violation stated in the notice, for a period in excess of the aforesaid 10 days, if in his or her judgment the abatement, removal, prevention, cessation, or cure of the condition violated cannot reasonably be effected within the ten-day period; and in such case the Animal Control Officer shall state such reasonably required extended period in the notice, which shall then be applicable instead of the aforesaid 10 days. In the event the violation is not abated, removed, cured, prevented, or desisted from or otherwise fully remedied within said ten-day period or within such extended period as set forth in the notice, pursuant to the foregoing, a summons shall then be issued against the person, persons, entity, or entities so notified.

Violations and penalties. Any person or entity who shall violate any of the provisions of this section or any order promulgated hereunder shall, after a summons is issued under the terms hereof, upon conviction, be punished as follows:

For a first offense, by a fine not to exceed $50.

For a second offense, by a fine not to exceed $250.

For a third or any subsequent offense, by a fine not to exceed $500.

§ 85-38 Private horse stables.

Private horse stables shall be permitted only in R-1 Residential Districts. Every person who owns, keeps, harbors or maintains a horse shall keep and maintain the property on which said animals are kept and all buildings and facilities thereon in accordance with the following regulations:

Maximum number of horses. The number of horses shall be limited to one per acre. In the event that a lot contains more than one acre, additional horses shall be permitted, limited to one per additional acre or major fraction thereof. In no case, however, shall the total number of horses exceed four.

Corrals and shelters. All horses shall be provided a stable or building for shelter that is separate from the principal building on the property. Said property shall also include a fully enclosed corral for the containment of the horse(s). All corral areas shall be completely fenced by a suitable fence not less than six feet in height. Horses shall be kept within such areas except when being ridden.

Minimum setback distances. All fenced corral areas shall not be less than 25 feet from any property line. No stable or horse shelter shall be located closer than 50 feet to any property line.

§ 85-39 Transition requirements.

Lots in two districts. Where a district boundary line divides a lot in existence at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 20 feet into the more restricted portion, provided that the lot has frontage on an approved street in the less restricted district.

Business entrances on residential streets. Where a residence district is bounded by a portion of a business district, then any side street extending through such residence district shall not be used for any business purpose, except as herein set forth. The business structure erected in said business district shall face and open upon the street set aside for business purposes, except that show windows in such business structure within the area set aside as a part of such business district and entrance may be made at the corner of such business and residential streets, and all other entrances thereto must face on the business street.

Side yard and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district, the user of the business or industrial property shall provide along such abutting lines a yard equal in width or depth to that required in the residential district and within which an effective screen will be formed by a fence, wall or evergreen hedge six feet in height which also shall be provided and maintained by the user of the business or industrial property.

Front yard transition. Where the frontage on one side of a street between two streets is zoned partly as residence and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district for a distance of 50 feet.

§ 85-39.1 Wireless communications towers and antennas.

[Added 2-26-2002 by Ord. No. 845]

Purpose.

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to:

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

Require the location of towers in nonresidential zones;

Minimize the total number of towers throughout the community;

Require the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;

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

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;

Enable the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

Consider the public health and safety of communication towers, as appropriate; and

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

In furtherance of these goals, the Borough of Ho-Ho-Kus shall give due consideration to the Borough of Ho-Ho-Kus Master Plan, Zoning Map,[1] existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.

ALTERNATIVE TOWER STRUCTURE

Editor's Note: The Zoning Map is on file in the Borough offices.

Definitions. As used in this section, the following terms shall have the meanings set forth below:

Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

When referring to a tower or other structure, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, television, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The terms include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

Applicability.

New towers and antennas. All new towers or antennas in the Borough of Ho-Ho-Kus shall be subject to these regulations, except as provided in Subsection C(2) through (4), inclusive.

Amateur radio station operators/receive only antennas. This section shall not govern any tower or the installation of any antenna that is under 50 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. Application for towers under this section shall be received and approved by the Planning Board.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7), absent any enlargement, structural modification, addition of any structures, addition of any users or addition of any type of uses.

AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array, subject to the review of the Planning Board to ensure that the additional units do not violate any provisions in this chapter of the Borough of Ho-Ho-Kus Code.

General requirements.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lot. The minimum lot size for new towers and antennas is 7,500 square feet.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough Engineer an inventory of its existing towers, antennas or sites approved for the towers or antennas, as well as all sites where an application is pending, that are either within the jurisdiction of the Borough of Ho-Ho-Kus or within five miles of the border thereof, including specific information about the location, height and design of each tower. The Borough Engineer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Ho-Ho-Kus; provided, however, that the Borough Engineer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Aesthetics. Towers and antennas shall meet the following requirements:

Towers shall maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness. Monopoles may include a design commonly referred to as a "monopole tree" to provide camouflaging.

At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings.

If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least amount of disturbances to the surrounding views.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within 120 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state, local and appropriate industry building codes. If, upon inspection, the Borough of Ho-Ho-Kus concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Ho-Ho-Kus irrespective of municipal and county jurisdictional boundaries.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities, unless mandated by federal or state law.

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 the Borough of Ho-Ho-Kus have been obtained and shall file a copy of all required franchises with the Borough Engineer.

Public notice and hearing. For purposes of this section, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection F(2)(e)[2], Table 2, in addition to any notice otherwise required by this chapter. A public hearing must be held before the Ho-Ho-Kus Planning Board for all conditional use requests under this section.

(12)

Signs. No signs or advertisements shall be allowed on an antenna or tower.

(13)

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.

(14)

Multiple antenna/tower plan. The Borough of Ho-Ho-Kus 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.

(15)

Height. The maximum height of new towers shall be 130 feet in height.

Conditional and prohibited uses.

Conditional uses. The following are specifically permitted as conditional uses: tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna in the Industrial Park (IP) District I, II and III. A tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in the general business (GB) District are also permitted as conditional uses.

Prohibited uses. Towers and antennas are prohibited in any residential district. No towers or antennas shall be permitted on any recreational facilities, parks, passive parks or areas set aside as green acre areas by the Borough of Ho-Ho-Kus. No towers or antennas shall be permitted on any property in which a public or private school is located or on which a church is located.

Conditional use standards.

General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board.

If the tower or antenna is not a permitted use under Subsection E of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.

Applications for conditional use permits under this section shall be subject to the procedures and requirements of § 85-40 of the Borough Code, except as modified in this section.

In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.

An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by the Borough Code for conditional use applications.

Towers.

Information required. In addition to any information required for applications for conditional use permits pursuant to § 85-40 of the Borough Code, applicants for a conditional use permit for a tower shall submit the following information:

A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Borough Engineer to be necessary to assess compliance with this section.

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

The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

[4]

The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) 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.

[5]

A landscape plan showing specific landscape materials.

[6]

Method of fencing and finished color and, if applicable, the method of camouflage and illumination.

[7]

A description of compliance with Subsections D(3), (4), (5), (6), (7), (10), (12) and (13) and F(2)(d) and (e) and all applicable federal, state or local laws.

[8]

A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[9]

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

[10]

A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[11]

A description of the feasible location(s) of future towers or antennas within a two-mile radius surrounding the Borough of Ho-Ho-Kus based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

[12]

A visual study depicting where, within a three-mile radius, any portion of the proposed tower could be seen.

[13]

A statement of intent on whether excess space will be leased.

Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to the Borough Code, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit:

Height of the proposed tower;

Proximity of the tower to residential structures and residential district boundaries;

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;

[8]

Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection F(2)(c) of this section; and

[9]

Availability of proposed tower to other potential users.

Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of the following:

No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

[4]

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

[5]

The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[6]

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

[7]

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:

Towers must be set back a distance equal to at least 50% of the height of the tower from any adjoining lot line.

All accessory buildings must satisfy the minimum zoning district setback requirements.

No tower shall exist within required buffer areas if adjacent to residential zones and as prescribed under local ordinance.

Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

Separation from off-site uses/designated areas.

[a]

Tower separation shall be measured from the array line to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

[b]

Separation requirements for towers shall comply with the minimum standards established in Table 1.

	Table 1
	Off-Site Use/Designated Area	Separation Distance
	Residential, public parks, schools or house of worship	200 feet or 300% height of tower, whichever is greater from lot line
	Vacant residentially zoned land	200 feet or 300% height of tower, whichever is greater from lot line
	Nonresidentially zoned lands or nonresidential uses	None, only setbacks in this chapter apply

Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan of the proposed/tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

Table 2
Existing Towers – Types
	Lattice (linear feet)	Guyed (linear feet)	Monopole 75 Feet in Height (linear feet)	Monopole Less Than 75 Feet in Height (linear feet)
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 feet in height	1,500	1,500	1,500	750
Monopole less than 75 feet	750	750	750	750

Security fencing. Towers shall be enclosed by security fencing not less than six feet nor more than eight feet in height and shall also be equipped with an appropriate anti-climbing device.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.

Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a double-staggered row of evergreens consisting of no less than seven-nor more than ten-foot wide buffer to screen views of the facility.

In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.

Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

Access and parking. There must be a suitable ingress/egress to/from the tower facility and a minimum of two parking spaces.

Real estate values. The tower will not have a material adverse impact on real estate values of surrounding properties.

Buildings or other equipment storage.

Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.

If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

Equipment storage buildings or cabinets shall comply with all applicable building codes.

Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

In front or side yards, provided the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 to 48 inches and a planted height of at least 36 inches.

In a rear yard, provided the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.

In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 72 inches.

Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Ho-Ho-Kus notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Planning Board Engineer) of such removal, grading and restoration to a state required under all applicable Borough ordinances.

Existing towers.

Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in Subsections F(2)(d) and (e). The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.

§ 85-39.2 Solar panels.

[Added 6-27-2006 by Ord. No. 914]

Intent. The intent of this section is to establish requirements for the installation of solar panels within the Borough of Ho-Ho-Kus.

Permit requirements. Before any solar panel may be installed, plans for such installation shall be submitted to the Construction Official and the Electrical and Plumbing Subcode Officials. No solar panel shall be installed without a permit issued by the Borough.

Requirements in residential zones. The requirements for the solar panels in the R-1, R-2, R-3, R-4 and R-5 Zone Districts are as follows:

Solar panels are not permitted in any front yard or on any face of a building or structure facing a street. This requirement shall also apply to the side street of a corner lot.

Ground-mounted solar panels shall be located in a side or rear yard only. Such solar panel shall not exceed eight feet in height above the ground, and shall be fully screened from adjacent properties by fencing or a combination of evergreens and deciduous plantings.

The location of such devices shall comply with the regulations for accessory structures.

Roof-mounted solar panels shall include integrated solar panels as the surface layer of the roof structure with no additional apparent change in relief or projection.

Separate flush-mounted solar panels installed on a building or structure with a sloped roof surface shall not project vertically above the peak of the roof to which it is attached. No solar collection equipment shall be visible from the street or project vertically more than five feet above a flat roof installation. In the case of corner lots, the panels shall be located on a rear-facing roof only, and not on a street-facing roof.

The removal of potential obstructions such as interceding vegetation shall not be sufficient cause for permitting a front-facing roof installation.

Requirements in commercial zones. The requirements for solar panels in the GB, IP-1, IP-2, and IP-3 Zone Districts are as follows:

Installation of solar panels shall be permitted only on the top of commercial and nonresidential buildings.

Installation of solar panels shall not interfere with the architectural, historic, or other aesthetic features of the building, neighborhood, or area.

COMMUNICATIONS SERVICE PROVIDER

Appropriate and adequate screening and shielding shall be required.

§ 85-39.3 Communication facilities right-of-way permits.

[Added 11-26-2019 by Ord. No. 2019-28]

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

ADMINISTRATIVE REVIEW

Ministerial review of an application by the Borough Council and Borough Engineer to determine whether the issuance of a permit is in conformity with the applicable provisions of this section.

ANTENNA

Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

APPLICABLE CODES

Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the Authority, including any amendments adopted by the Authority, or otherwise are applicable in the jurisdiction.

APPLICANT

Any person who submits an application under this section.

APPLICATION

A written request, on a form provided by the Borough of Ho-Ho-Kus.

AUTHORITY

The Borough Council of the Borough of Ho-Ho-Kus.

COLLOCATE

To install or mount a small wireless facility in the public ROW on an existing support structure, an existing tower, or on an existing pole to which a small wireless facility is attached at the time of the application. "Collocation" has a corresponding meaning.

COMMUNICATIONS FACILITY

Collectively, the equipment at a fixed location or locations within the public ROW that enables communications services, including radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and all other equipment associated with any of the foregoing. A communications facility does not include the pole, tower or support structure to which the equipment is attached.

COMMUNICATIONS SERVICE

Cable service, as defined in 47 U.S.C. § 522(6); information service, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53).

A provider of communications services and includes a cable operator, as defined in 47 U.S.C. § 522(5).

DECORATIVE POLE

A pole that is specially designed and placed for aesthetic purposes.

ELIGIBLE FACILITIES REQUEST

An eligible facilities request as set forth in 47 CFR § 1.40001(b)(3), as that section may be amended from time to time.

FCC

The Federal Communications Commission of the United States.

LAWS

Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

ORDINARY MAINTENANCE AND REPAIR

Inspections, testing and/or repair that maintain functional capacity, aesthetic and structural integrity of a communications facility and/or the associated support structure, pole or tower, that does not require blocking, damaging or disturbing any portion of the public ROW.

PERMIT

A written authorization to install, at a specified location(s) in the public ROW, a communications facility, tower or a pole to support a communications facility.

PERMITTEE

An applicant that has received a permit under this section.

PERSON

An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.

POLE

A legally constructed pole, such as a utility, lighting, or similar pole made of wood, concrete, metal or other material, located or to be located within the public right-of-way. A pole does not include a tower or support structure and does not include a pole or structure that supports electric transmission lines.

PROVIDER

A communications service provider or a wireless services provider, and includes any person that owns and/or operates within the public ROW any communications facilities, wireless facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers.

PUBLIC RIGHT-OF-WAY or PUBLIC ROW

The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, or similar purpose. The term does not include a federal interstate highway, state highway, county right-of-way or other areas that are not within the legal jurisdiction, ownership or control of the Authority.

REPLACE or REPLACEMENT

In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this section and any other applicable regulations in order to address limitations of the existing structure to structurally support collocation of a communications facility.

SMALL WIRELESS FACILITY

A wireless facility that meets both of the following qualifications: each antenna could fit within an enclosure of no more than three cubic feet in volume; and all other wireless equipment associated with the antenna, including the preexisting equipment, is cumulatively no more than 28 cubic feet in volume.

STATE

The State of New Jersey.

SUPPORT STRUCTURE

A structure in the public ROW other than a pole or a tower to which a wireless facility is attached at the time of the application.

TOWER

Any structure in the public ROW built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.

WIRELESS FACILITY

The equipment at a fixed location or locations in the public ROW that enables wireless services. The term does not include the support structure, tower or pole on, under, or within which the equipment is located or collocated; or coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one type of a wireless facility.

WIRELESS SERVICES

Any wireless services using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided to the public.

WIRELESS SERVICES PROVIDER

A person who provides wireless services.

Access to public right-of-way. Prior to installing in the public ROW any communications facility, or any pole built for the sole or primary purpose of supporting a communications facility, or any tower, a person shall enter into a right-of-way use agreement with the Borough of Ho-Ho-Kus expressly authorizing use of the public right-of-way for the communications facility, pole or tower proposed to be installed.

The term of the ROW use agreement shall not exceed 15 years.

The ROW use agreement authorizes the provider's nonexclusive use of the public ROW for the sole purpose of installing, maintaining and operating communications facilities, including any pole built for the sole or primary purpose of supporting the communications facilities and to provide the services expressly authorized in the agreement subject to applicable laws, this section and the terms and conditions of the agreement. The agreement authorizes use only of the public ROW in which the Borough has an actual interest. It is not a warranty of title or interest in any public ROW and it does not confer on the provider any interest in any particular location within the public ROW. No other right or authority is granted except as expressly set forth in the agreement. Nothing herein shall authorize the use of the Borough's poles, towers, support structures, or other structures in the public ROW. All use of the Borough's poles, towers, support structures, and other structures in the public ROW shall require a separate agreement, and the payment of separate fees for such use.

The provider shall, at its sole cost and expense, keep and maintain its communications facilities, poles, support structures and towers in the public ROW in a safe condition, and in good order and repair.

The provider shall provide insurance and indemnification of the Borough as described in the ROW use agreement. The coverage must be at least as broad as:

Worker's compensation and employer's liability insurance. The provider shall provide proof of worker's compensation insurance and be in compliance with the Worker's Compensation Law of the State of New Jersey. Employer's liability: Limit of liability shall be a minimum of $500,000, in accordance with New Jersey Statute.

Comprehensive general liability. Comprehensive general liability ("CGL") insurance with limits no less than $2,000,000 per occurrence.

Automobile liability. Automobile liability insurance covering claims for bodily injury and property damage arising from all owned, hired and nonowned vehicles with limits of not less than $1,000,000 combined single limit.

ROW permit.

No person may construct, maintain or perform any other work in the public ROW related to communications facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers without first receiving a permit to the extent required under this section, and any other permit or authorization required by applicable laws.

The Authority shall not issue a permit unless the applicant, or a provider on whose behalf the applicant is constructing communications facilities, poles or towers, has applied for and received the ROW use agreement required by this section, or otherwise has a current and valid franchise with the Borough expressly authorizing use of the public ROW for the communications facilities, poles or towers proposed in the application, and all applicable fees have been paid.

The provider shall not locate or maintain its communications facilities, poles and towers so as to unreasonably interfere with the use of the public ROW by the Borough, by the general public or by other persons authorized to use or be present in or upon the public ROW.

Location and siting.

Height. No pole shall be taller than 35 feet in height including the antennas or 110% of the height of poles in the surrounding streetscape, within 500 feet of the pole, whichever is less.

Distance from curbline. No pole shall be farther than eight feet from the curbline. However, if there is a situation involving a greater right-of-way area and it is appropriate to set the pole back further, the reviewing authority may grant an exception within its reasonable discretion.

Location, safety and aesthetics. No pole shall be erected in the right-of-way unless it:

Is replacing an existing pole; or

Is approved by the Borough Council; or

Is located within the municipal right-of-way; and

Is at least 200 linear feet from any other existing pole or proposed pole along the same side of the street containing a communications facility; and

Is not located in an area with underground utilities; and

Does not inhibit any existing sight triangles; and

Allows adequate room for the public to pass and repass across the right-of-way; and

Is finished and/or painted so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.

The Authority may require new poles to be decorative poles, if appropriate.

Pole-mounted antennas are permitted on new and existing poles, provided that each pole-mounted antenna:

Does not exceed three cubic feet in volume; and

Is finished and/or painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties; and

Does not inhibit sight triangles; and

Allows adequate room for the public to pass and repass across the municipal right-of-way.

Pole-mounted cabinets are permitted on new and existing poles, provided that each pole-mounted cabinet:

Does not exceed 16 cubic feet and is no wider or project more than two feet. There must be a minimum clearance of eight feet under a pole-mounted cabinet. Any pole-mounted cabinet not in conformance with the foregoing must be ground-mounted and appropriately screened with landscaping along the rear of the cabinet facing residential properties; and

Does not inhibit sight triangles; and

Allows adequate room for the public to pass and repass across the municipal right-of-way.

The Authority may also require that an applicant provide a certification from an engineer licensed in the State of New Jersey attesting to the structural integrity of any pole-mounted antenna or pole-mounted cabinet.

Ground-mounted equipment may be used only to house equipment and other supplies in support of the wireless facility.

Underground utilities. Unless otherwise agreed to in writing by the Authority or otherwise required by applicable laws, whenever any existing electric utilities or communications facilities are located underground within a public ROW, the provider with permission to occupy the same portion of the public ROW shall locate its communications facilities underground at its own expense. The Authority may, in its sole discretion, approve aboveground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as wireless facilities that cannot, by their nature, operate unless located aboveground, the provider and Authority shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW.

All wireless equipment associated with the pole or tower, including the wireless equipment associated with the antenna and any preexisting associated equipment shall not be more than 28 cubic feet in volume.

The provider shall upon completion of construction provide the Borough with as-built drawings and a map showing the location of the facility and equipment.

Restoration requirements.

The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, poles, towers or work in or adjacent to the public ROW. The area damaged or disturbed shall be properly landscaped to stabilize the soil and shall include screen scrub planting where deemed appropriate by the approving authority.

If the provider fails to timely restore, repair or replace the public ROW as required in this subsection, the Authority or its contractor may do so and the provider shall pay the Authority's costs and expenses in completing the restoration, repair or replacement.

Removal, relocation and abandonment.

Within 30 days following written notice from the Authority, the provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its communications facilities, poles, support structures or towers within the public ROW, including relocation of aboveground communications facilities underground (consistent with the provisions of this section), whenever the Borough has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Borough improvement, the operations of the Borough in, under or upon the public ROW, or otherwise is in the public interest. The provider shall be responsible to the Borough for any damages or penalties it may incur as a result of the provider's failure to remove or relocate communications facilities, poles, support structures or towers as required in this subsection.

The Borough retains the right and privilege to cut or move any communications facility, pole, support structure or tower located within the public ROW of the Borough, as the Borough may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Borough shall notify the provider and give the provider an opportunity to move its own facilities prior to cutting or removing the communications facility, pole, support structure or tower. In all cases the Borough shall notify the provider after cutting or removing the communications facility, pole, support structure or tower as promptly as reasonably possible.

A provider shall notify the Borough of abandonment of any communications facility, pole, support structure or tower at the time the decision to abandon is made, however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the provider shall remove its communications facility, pole, support structure or tower at the provider's own expense, unless the Borough determines, in its sole discretion, that the communications facility, pole, support structure or tower may be abandoned in place. The provider shall remain solely responsible and liable for all of its communications facilities, poles, support structures and towers until they are removed from the public ROW unless the Borough agrees in writing to take ownership of the abandoned communications facilities, poles, support structures or towers.

If the provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its communications facilities, poles, support structures or towers or remove any of its abandoned communications facilities, poles, support structures or towers as required in this subsection, the Borough or its contractor may do so and the provider shall pay all costs and expenses related to such work, including any delay damages or other damages the Borough incurs arising from the delay.

Fees and charges.

Agreement/license application fee. Every person requesting a right-of-way agreement, franchise agreement or license agreement from the Borough shall pay an application fee of $250, which shall be paid upon submission of the right-of-way agreement, franchise agreement or license agreement application.

Permit application fee.

The applicant shall pay a permit application fee of $500 for an application for up to five small wireless facilities submitted simultaneously by a provider. The fee of $100 is established for each additional small wireless facility.

The applicant shall pay a nonrecurring fee for a new pole (not a collocation) intended to support one or more small wireless facilities of $1,000.

A $270 per small wireless facility fee per year shall be paid to the Borough.

Deposit towards anticipated municipal expenses. To be determined by the reviewing authority.

Other fees. The applicant or provider shall be subject to any other generally applicable fees of the Borough or other government body, such as those required for electrical permits, building permits, or street opening permits, which the applicant or provider shall pay as required in the applicable laws, as well as attachment fees for the use of Borough owned poles, towers, support structures, ducts, conduits or other structures in the public ROW, as set forth in attachment agreements authorizing such use.

No refund. Except as otherwise provided in a right-of-way agreement; franchise agreement; license, the provider may remove its communications facilities, poles or towers from the public ROW at any time, upon not less than 30 days' prior written notice to the Borough, and may cease paying to the Borough any applicable recurring fees for such use, as of the date of actual removal of the facilities and complete restoration of the public ROW. In no event shall a provider be entitled to a refund of fees paid prior to removal of its communications facilities, poles or towers.

Permit applications.

Permit required. Unless expressly authorized in this section or in writing by the Borough Council, no person may construct, install or maintain in the public ROW any communications facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers, including the installation or collocation of communications facilities on existing poles, towers, support structures or other structures within the public ROW, without first receiving a permit. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may work in the public ROW prior to obtaining a permit, provided that the provider shall attempt to contact the Borough prior to commencing the work and shall apply for a permit as soon as reasonably possible, but not later than 24 hours, after commencing the emergency work. For purposes of this subsection, an "emergency" means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.

Permit application requirements. The application shall be made by the provider or its duly authorized representative and shall contain the following:

The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant.

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

A description of the proposed work and the purposes and intent of the proposed facility sufficient to demonstrate compliance with the provisions of this section.

If applicable, a copy of the authorization for use of the property from the pole, tower or support structure owner on or in which the communications facility will be placed or attached.

Detailed construction drawings regarding the proposed facility.

To the extent the proposed facility involves collocation on a pole, tower or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower or support structure will structurally support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.

For any new aboveground facilities, accurate visual depictions or representations, if not included in the construction drawings.

Proprietary or confidential information in application. Applications are public records that may be made publicly available pursuant to the New Jersey Open Public Records Act.[1] Notwithstanding the foregoing, applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the Borough shall treat the information as proprietary and confidential, subject to the New Jersey Open Public Records Act and the Borough's determination that the applicant's request for confidential or proprietary treatment of application materials is reasonable. The Borough shall not be required to incur any costs to protect the application materials from disclosure, other than the Borough's routine procedures for complying with the New Jersey Open Public Records Act.

Editor's Note: See N.J.S.A. 47:1A-1 et seq.

Ordinary maintenance and repair. A permit shall not be required for ordinary maintenance and repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Borough in writing at least 48 hours before performing the ordinary maintenance and repair.

Material changes. Unless otherwise agreed to in writing by the Authority, any material changes to an application, as determined by the Authority in its sole discretion, shall be considered a new application for purposes of the time limits set forth in § 85-39.3I, Application review, unless otherwise provided by applicable laws.

Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this section shall be accompanied by the fees required under § 85-39.3G, Fees and charges.

Effect of permit. A permit from the Borough Council authorizes an applicant to undertake only the activities in the public ROW specified in the application and permit, and in accordance with this section and any general conditions included in the permit. A permit does not authorize attachment to or use of existing poles, towers, support structures or other structures in the public ROW; a permittee or provider must obtain all necessary approvals from the owner of any pole, tower, support structure or other structure prior to any attachment or use. A permit does not create a property right or grant authority to the applicant to interfere with other existing uses of the public ROW.

Duration. Any permit for construction issued under this section shall be valid for a period of 180 days after issuance, provided that the period may be extended for up to an additional 90 days upon written request of the applicant (made prior to the end of the initial 180-day period) if the failure to complete construction is as a result of circumstances beyond the reasonable control of the applicant.

Batch permit. An applicant may simultaneously submit not more than five applications for communications facilities, or may file a single, consolidated application covering such communications facilities, provided that the proposed communications facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Borough. If the applicant files a consolidated application, the applicant shall pay the application fee calculated as though each communication facility were a separate application.

Application review.

Preapplication meeting. Prior to making a formal application with the Borough for use of the municipal right-of-way, all applicants are advised to meet voluntarily with the Borough Engineer to review the scope of the applicant's proposal.

All applications made under this section shall be expedited so as to comply with the shot clocks set forth in the Federal Communications Commission order titled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by the Removal of Barriers to Infrastructure Investment." WT Docket No. 17-79; WC Docket No. 170-84.

The Borough Engineer shall review all applications for the placement of new poles and ground level cabinets within the municipal ROW and the placement of pole-mounted antennas and pole-mounted cabinets within the municipal ROW and advise the Borough Council whether the application is complete and whether it meets the requirements of this section.

Except as otherwise provided by applicable laws, the Authority shall, within 30 days of receiving an application, notify the applicant if the application is incomplete, and identify the missing information. The applicant may resubmit the completed application within 10 days without additional charge, in which case the Authority shall have 30 days from receipt of the resubmitted application to verify the application is complete, notify the applicant that the application remains incomplete or, in the Borough's sole discretion, deny the application.

The Authority shall review the application and, if the application conforms with applicable provisions of this section, the Borough Council shall issue the permit, subject to the standard permit requirements published by the Borough.

The Authority shall make its final decision to approve or deny the application within 60 days for a collocation of a small wireless facility to an existing structure, and 90 days to deploy a small wireless facility on a new structure, after the application is complete (or deemed complete in the event the Borough does not notify the applicant that the application or resubmitted application is incomplete). Review of an application to deploy a facility other than a small wireless facility using a new structure shall be decided within 150 days.

Waiver. The Authority may waive any siting standard set forth in this section where the applicant demonstrates that strict enforcement of said standard:

Will prohibit or have the effect of prohibiting any interstate or intrastate telecommunications service pursuant to 47 U.S.C.253(a); or

Will prohibit or have the effect of prohibiting personal wireless service pursuant to 47 U.S.C. 332(c)(7)(B)(i)(ll); or

Will violate any requirement set forth by the Federal Communications Commission order entitled "Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment." WT Docket No. 17-79; WC Docket 17-84.