Upon proper application and hearing, as herein
provided, mobile cellular communications antennas shall be permitted
as a conditional use in all zones of the municipality, provided that
the Planning Board finds and determines that the following conditions
have been met:
A.
Any mobile cellular communications antenna shall be
located a minimum distance of 500 feet from any residential structure
not located on the subject property and from any of the following
structures or uses: public buildings, public and private schools,
libraries and senior citizen centers.
B.
Any mobile cellular communications antenna shall be
located a minimum distance of 500 feet from any historic district
or historic site, as designated on the National and/or State Register
of Historic Places.
C.
Any applicant for a permit to erect a mobile cellular
communications antenna shall establish by competent evidence that
there exists a need for such facility within the Borough and at the
proposed location for which approval is sought. Such evidence shall
include but need be limited to the following:
(1)
An identification of the cellular network layout and
coverage areas to be serviced by the proposed cellular antennas and
an explanation as to why existing facilities are inadequate to provide
service.
(2)
Why the proposed site is suitable for such use. Evidence
to be presented on this issue shall include a radio frequency engineering
analysis of the potential suitability or nonsuitability of existing
buildings or structures for such commercial antenna, which engineering
analysis shall be subject to review by the Borough Engineer or other
consultant called upon by the Planning Board.
D.
Provided that the above stated conditions have been
met, a mobile cellular communication antenna may be erected upon or
affixed to an existing building or structure as long as it meets the
following requirements:
(1)
Any such mobile cellular communications antenna shall
not extend above or beyond the height of any such building or structure
by more than 10 feet.
(2)
Any such mobile cellular communications antenna shall
be securely affixed to the building or structure for which it is proposed.
(3)
Any such mobile cellular communications antenna shall
be suitably finished or painted in a manner so as to minimize any
obtrusive characteristics and their visual impact. When practicable,
the color of paint or finishing materials shall be consistent and
not contrasting with the color of materials of the building upon which
it is erected or affixed.
A.
Where permitted as conditional use. Upon proper application
and hearing, as herein provided, a mobile cellular communications
tower shall be permitted as a conditional use only on the Borough-owned
property known as Lot 1 in Block 1303 as shown on the current Tax
Map of the Borough.
[Amended 5-22-2000 by Ord. No. 720-00]
B.
Conditions. Upon proper application and hearing, as
herein provided, a mobile cellular communications tower shall be permitted
as a conditional use, provided that the Planning Board finds and determines
that the following conditions have been met:
(1)
That the applicant has made a diligent effort to situate
the antenna on existing buildings or structures, but that despite
said diligent efforts, the applicant has been unable to secure permission
to do so from the owners of the property on which such buildings or
structures are situated or that the locations of such antenna on existing
buildings or structures would not be effective.
(2)
That the applicant has investigated and made a diligent
effort to situate the antenna on an existing mobile cellular communications
tower, but either said existing tower is not a suitable location in
light of the design of the existing mobile cellular communications
network, or that, despite diligent efforts, the applicant has been
unable to secure permission to situate its antenna from the owners
of the property on which the tower is situated or the operator of
the tower.
(3)
No more than one mobile cellular communications tower
may be erected or constructed on any one lot, site or tract of land.
C.
Requirements. Provided that all of the above stated
conditions have been met, a mobile cellular communications tower may
be erected or constructed on property within the Borough as long as
it meets the following requirements:
(1)
Minimum setback of tower and equipment compound from
any property line: 50 feet. Said setback areas shall not include wetlands,
wetland buffers or watershed lands.
(2)
Maximum height of tower (measured from ground level
to the highest vertical point of any part of the structure, except
that the height of a lightning rod shall not be considered in measuring
the height of the tower, provided that the lightning rod is not more
than eight feet in height): 150 feet.
[Amended 4-24-2000 by Ord. No. 715-00]
(3)
The site on which the tower and any accessory buildings
or structures are situated shall be completely enclosed with a fence
at least four feet high, of composition meeting the approval of the
Planning Board, which shall include a locking security gate.
A.
No building permit shall be issued for the construction,
erection or installation of a mobile cellular communications antenna
unless a conditional use approval therefor has been granted by the
Planning Board.
B.
No building permit shall be issued for the construction,
erection or installation of a mobile cellular communications tower
unless a separate conditional use approval therefor has been granted
by the Planning Board.
G.
The Planning Board shall render its decisions not
later than 95 days from the filing of a completed application.
A.
On or before the first of January next following the
issuance of a conditional use permit for a mobile cellular communications
tower, and on or before each and every January 1 next ensuing, the
owner or operator of such tower shall file in the office of the Construction
Code Official, with a copy to be filed with the Borough Engineer,
a written report from a licensed professional engineer certifying
to the structural integrity of the tower and that all antennas mounted
thereon are secure and that they meet applicable minimum safety requirements.
B.
The written report required in Subsection A hereinabove shall also be filed within 20 days of the date that there is any modification or repair of an existing tower or that there is any modification of the placement of antennas on the tower.
C.
If such owner or operator shall fail to file when
due the written report required hereunder, the conditional use permit
issued for the tower shall automatically be revoked and the Construction
Code Office shall notify the owner or operator, in writing, of such
revocation. Any continued use of the tower following notice of revocation
shall constitute a violation of this article. For each day that the
tower remains in use or operation following the owner or operator's
receipt of said revocation notice, same shall constitute a separate
violation.
D.
Any mobile cellular communications tower which has
not been used for mobile communications purposes for a period of six
months shall be considered abandoned, upon which the Construction
Code Official shall, in writing, notify the owner or operator of such
abandonment. Upon receipt of such notice of abandonment, the owner
shall, within 30 days of such notification, at its sole cost and expense,
remove the tower and any other structures on the site and restore
the site to the condition it was in before the conditional use permit
was issued. If the owner or operator shall fail to remove the tower
and restore the site as herein required, such failure shall constitute
a violation of this article. For each day beyond the thirty-day removal
and restoration period that said owner or operator has failed to remove
the tower and restore the site, same shall constitute a separate violation.
[Added 12-5-2016 by Ord.
No. 1105-16]
A.
Communications antennas relating to a DAS system shall be permitted
in areas in which all utilities are located aboveground regardless
of the underlying zoning district, so long as such antennas are located
on existing poles in the public right-of-way. Antennas shall not be
located on any sign listed in the Manual on Uniform Traffic Control
Devices (MUTCD) nor on any traffic signal pole, mast arm device or
associated equipment.
B.
Communications antennas and support equipment shall be co-located
on existing poles, such as existing utility poles or streetlight poles.
New poles for communications antennas intended to solely support a
DAS system are expressly prohibited unless otherwise approved by the
governing body upon a showing that such installation is absolutely
necessary and can be accomplished in a manner that is consistent with
the following standards:
(1)
Any new DAS pole and its accessory equipment shall be located
so as to not cause any physical or visual obstruction to pedestrian
or vehicular traffic, or to otherwise create safety hazards to pedestrian
or vehicular traffic, or to otherwise inconvenience public use of
the right-of-way as determined by the Borough.
(2)
New DAS poles cannot be located within 1,000 feet of another
pole either on the same side or across the street from an existing
pole used for a DAS system.
(3)
In no case shall a new DAS pole be located within 36 inches
of the exposed back of the curb or from the edge of pavement or within
an easement extending onto privately owned land.
(4)
No new DAS pole shall be located within five feet of a private
driveway or in a manner that would otherwise obstruct visibility from
a private driveway to the public right-of-way.
(5)
Any required accessory equipment intended to support the DAS
pole shall not be located on the ground but shall be placed within
an underground vault or, alternatively, be pole-mounted. If pole-mounted,
screening requirements and height and extension from pole limitations
cited herein for co-location shall govern.
(6)
Construction of a new pole shall comply with all applicable
building and electrical code requirements and shall require a construction
permit. Prior to the issuance of a construction permit, the Borough
Engineer shall, at the applicant's cost, review and approve the construction
drawings in conjunction with the Borough Construction Official.
(7)
Any disturbance to the public right-of-way as a result of the
construction of a new pole shall be restored to its original condition
post-construction to the satisfaction of the Borough Engineer.
(8)
A DAS pole shall be maintained in good condition and repair
by qualified maintenance and construction personnel at the cost of
the responsible party that operates the pole so that the pole shall
not endanger the life of any person or any property in the Town.
(9)
Insurance by each owner or operator of a DAS pole shall provide
to the Borough a certificate of insurance, in a form acceptable to
the Borough Attorney, evidencing general liability coverage in the
minimum amount of $1,000,000 per occurrence and property damage coverage
in the minimum amount of $1,000,000 per occurrence covering the new
pole.
(10)
Each owner or operator of a DAS pole shall, at its sole cost
and expense, indemnify, defend and hold harmless the Borough, its
elected and appointed officials, employees and agents, at all times,
against any and all claims for personal injury, including death, and
property damage arising in whole or in part from, caused by or connected
with any act or omission of the person, its officers, agents, employees
or contractors arising out of, but not limited to, the construction,
installation, operation, maintenance or removal of the DAS pole. Each
person that owns or operates a DAS pole shall defend any actions or
proceedings against the Borough in which it is claimed that personal
injury, including death, or property damage was caused by the construction,
installation, operation, maintenance or removal of a DAS pole. Such
indemnification shall be provided to the Borough prior to the issuance
of a construction permit in a form acceptable to the Borough Attorney.
(11)
The removal and replacement of a DAS pole and/or its related
equipment for the purposes of upgrading or repairing the pole is permitted,
so long as such repair or upgrade does not increase the overall size,
height or design of the originally approved pole. Any modification
shall require a new permit and authorization by the Borough.
(12)
Should it be the intent of the owner or operator of a DAS pole
to abandon the pole and discontinue its use, the owner or operator
shall provide written notice to the Borough of its intent to discontinue
use and the date when the use shall be discontinued. Unused or abandoned
DAS poles shall be removed as follows:
(a)
All unused or abandoned DAS poles and accessory facilities shall
be removed within six months of the cessation of operations at the
site unless otherwise extended by the Borough.
(b)
If the DAS pole and all related facilities are not removed within
six months of the cessation of operations at the site, or within any
longer period approved by the Borough, the DAS pole and all its related
facilities may be removed by the Borough and the cost of removal assessed
against the owner of the DAS pole.
(13)
The Borough may assess appropriate and reasonable permit fees
directly related to the Borough's actual costs in reviewing, processing
the application for approval as well as related inspection, monitoring
and related costs.
(14)
Prior to the approval of the construction permit for the new
DAS pole, the owner or operator of the pole shall provide the Borough
financial security sufficient to guarantee the removal of such pole
in a form acceptable to the Borough Attorney. Said financial security
shall remain in place until the DAS pole is removed.
(15)
In accordance with applicable law, the Borough reserves the
right to deny an application for a new DAS pole for numerous factors,
including, but not limited to, visual impact, design, and safety standards.
C.
Antennas and all support installations shall be designed so as to
minimize visual impacts as follows:
(1)
Antennas and all support equipment shall be treated to match
the supporting structure. Antennas and accompanying equipment shall
be painted or otherwise coated to be visually compatible with the
support structure upon which they are mounted.
(2)
All equipment shall be compatible in scale and proportion to
the structure upon which it is mounted. All equipment used shall utilize
the smallest and least intrusive technology available.
(3)
There shall be no more than one such antenna per pole. One additional
antenna may be permitted, provided that such antenna can be designed
and accommodated on a pole in a manner that complies with the requirements
of this section.
(4)
No antennas shall exceed a height of four feet above the structure
upon which they are mounted.
(5)
Antennas shall not project more than four inches from the pole
upon which they are attached.
D.
Within 60 days following written notice from the Borough, or such
longer period as the Borough determines is reasonably necessary or
such shorter period in the case of an emergency, an owner of an antenna
in the public right-of-way shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any
antenna when the Borough, consistent with its authority under the
police power and state law, shall have determined that such removal,
relocation, change or alteration is reasonably necessary under the
following circumstances:
(1)
The construction, repair, maintenance or installation of any
Borough or other public improvement in the right-of-way;
(2)
The operations of the Borough or other governmental entity in
the right-of-way;
(3)
Vacation of a street or road or the release of a utility easement;
or
(4)
An emergency as determined by the Borough.
E.
The Borough shall determine the time, place and manner of construction,
maintenance, repair and/or removal of all communication antenna(s)
in the right-of-way based upon public safety, traffic management,
physical burden on the right-of-way, and related considerations. The
applicant/owner/operator of the antenna or DAS system shall be responsible
for the repair of any damage to paving, existing utility lines, or
any surface or subsurface installations arising from its construction,
installation or maintenance.
