As used in this article, the following terms shall have the
meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Shall include but not be limited to man-made trees, clock
towers, bell steeples 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.
CO-LOCATION
When two or more receiving and/or transmitting facilities
are placed together on the same tower or monopole.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GOVERNING AUTHORITY
The Mayor and Council of the Borough of Edgewater and/or
its designated agents, employees and representatives.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including any rooftop appurtenance
on an existing structure, and including the base pad and any antenna,
even if said highest point is an antenna.
PLANNING BOARD
The Edgewater Planning Board, whose statutory authority is
defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including but
not limited to self-supporting lattice towers, guy towers or monopole
towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like. The term includes the structure
and any supports thereto.
A letter of intent shall be provided by all applicants seeking
approval to construct a wireless communication tower, committing the
tower owner and its successors to allow the shared use of the tower
if additional users agree in writing to meet reasonable terms and
conditions for shared use, and that the tower owner acknowledges and
agrees that its successors and/or individual users shall be bound
and will conform to the requirements of this article, as applicable.
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned, and the owner of such
antenna or tower shall remove same within 90 days of receipt of notice
from the Edgewater Building Department notifying the owner of such
abandonment. If such antenna or tower is not removed within said ninety-day
period, the Mayor and Council may order the removal of such antenna
or tower at the owner's expense, and lien the property for the costs
associated therewith, inclusive of professional fees. 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 applicant's use of the premises is contingent upon its obtaining
all certificates, permits, zoning and other approvals that may be
required by any federal, state or local authority. The applicant shall
erect, maintain and operate its antenna facilities in accordance with
site standards, statutes, ordinances, rules and regulations now in
effect or that may be issued hereafter by the Federal Communications
Commission or any other governing bodies. Should any conflict arise
between local zoning ordinances and rules or regulations promulgated
by the FCC, the FCC rules and regulations shall govern.
The applicant shall, at its expense, comply with all present
and future federal, state and local laws, ordinances, rules and regulations
(including laws and ordinances relating to health, radio-frequency
emissions, other radiation and safety) in connection with the use,
operation, maintenance, construction and/or installation of the antenna
facilities and/or the premises. The municipality agrees to reasonably
cooperate with the applicant in obtaining, at the applicant's expense
(including the municipality's reasonable attorney and administrative
fees), any federal licenses and permits required for or substantially
required by the applicant's use of the premises.