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.