[9-22-2020 by Ord. No.
2020-16]
The purposes for the regulations of wireless communications
facilities are as follows.
A. Protect residential areas and land uses from potential adverse impacts
of wireless communications facilities and encourage applicants to
locate wireless communications facilities, to the extent practicable
and possible, in areas where the adverse impact to the community is
minimal.
B. Encourage and ensure the appropriate location of wireless communications
facilities to avoid potential damage to adjacent properties and ensure
the public health, welfare, and safety through proper engineering
and careful siting of wireless communications facilities in accordance
with federal and state law.
C. Encourage the co-location and joint use of existing and approved
wireless communications facilities, towers, and utility poles as a
primary option rather than construction of new tower-based wireless
communications facilities and new small wireless facility poles.
D. Encourage applicants to configure wireless communications facilities
in a way that minimizes their adverse visual impact through careful
design, siting, landscape screening, and innovative camouflaging and
stealth technology to preserve the aesthetic character in accordance
with applicable zoning, planning, and design standards.
E. Promote and ensure the positive impact of wireless communications
facilities and enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently and to ensure that the residents, visitors, public
safety operations, and businesses have reliable access to wireless
telecommunications networks and state-of-the-art communications services.
F. Comply with applicable federal and state law on the siting and regulation
of wireless communications facilities while protecting the public
health, welfare, and safety.
G. Interpretation.
1. This chapter is not intended to, nor shall it be interpreted or applied
to: a) prohibit or effectively prohibit any personal wireless service
provider's ability to provide personal wireless, data, and communications
services; b) prohibit or effectively prohibit any entity's ability
to provide any interstate or intrastate telecommunications service,
subject to any competitively neutral and nondiscriminatory rules or
regulations for ROW management; c) unreasonably discriminate among
providers of functionally equivalent services; d) deny any request
for authorization to place, construct, or modify personal wireless
service facilities on the basis of environmental effects of radio
frequency emissions so long as such wireless communications facilities
comply with the FCC's regulations concerning such emissions; e) prohibit
any co-location or modification that the Borough may not deny under
federal or state law; or f) otherwise authorize the Borough to preempt
any applicable federal or state law.
2. In furtherance of the foregoing goals, due consideration shall be
given to the Master Plan, Zoning Map, existing land uses, and environmentally
sensitive areas in the approving of sites for the location of wireless
communications facilities and the regulation of such facilities.
[9-22-2020 by Ord. No.
2020-16]
A. All wireless communications facilities are subject to these regulations,
except as otherwise provided herein.
B. Amateur radios; receive-only antennas. This chapter shall not govern
any tower or the installation of any antenna that is under 70 feet
in height which is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas.
C. Preexisting towers or antennas. Prexisting towers or antennas shall
not be required to meet the requirements of this chapter, other than
the requirements regarding building codes and safety standards. This
exception shall not apply to any expansion or intensification of a
preexisting tower or antenna.
D. Public entities. Wireless support structures, tower-based wireless
communications facilities, and wireless communications facilities
operated, leased, or used by the Borough shall be exempt from the
requirements of this chapter. The Borough shall be a permitted use
in all zone districts, provided that any lease authorizing such facilities
has been approved by the Borough, and, as a condition of any such
lease, the Borough may require site plan approval or may exempt the
applicant from approval.
E. Satellite dish antenna. This chapter shall not govern any parabolic
satellite antennas.
[9-22-2020 by Ord. No.
2020-16]
A. Wireless communications facilities are a permitted use in the General
Commercial, Special Commercial, and Marine Commercial Zones. Only
collocation of small wireless facilities on utility poles in the ROW
and the construction of small wireless facility poles for the purpose
of siting small wireless facilities in the ROW shall be permitted
in residential zones. No other wireless communications facilities
of any type shall be permitted in any residential zones or within
100 feet of a lot in residential use or a residential district boundary.
[Amended 10-26-2021 by Ord. No. 2021-17]
1. Every small wireless facility pole shall be required to be designed
and installed in a manner in order that it can accommodate two additional
small wireless facilities for installation by additional carriers.
2. If structurally and technologically feasible, every utility pole
and replacement utility pole used for the siting and collocation of
small wireless facilities shall be required to be designed and installed
in a manner in order that it can accommodate two additional small
wireless facilities for installation by additional carriers.
B. No wireless communications facilities are permitted inside or on
any buildings or accessory buildings. Except for the co-location of
small wireless facilities on utility poles and siting of small wireless
facilities on small wireless facility poles in the ROW as required
by federal and state law, and, as otherwise provided by the Borough
Code, no non-tower-based wireless communications facilities shall
be permitted.
C. No lattice towers or guyed-lattice towers shall be permitted.
D. Except as otherwise provided by law for public utilities and the
approval and construction of new small wireless facility poles for
the purpose of siting small wireless facilities as permitted by the
Borough Code, no new wireless communications support structures, such
as towers or monopoles, shall be permitted in the ROW. Only co-location
of small wireless facilities, nonsubstantial changes to existing wireless
communications support structures, utility poles, and small wireless
facility poles shall be permitted in the ROW.
E. No advertising or non-safety-related signs of any type shall be permitted
on any wireless communications facilities, wireless communications
support structures, wireless communications equipment, cabinets, or
base stations.
F. All wireless communications facilities shall comply with all applicable
federal, state, county, and Borough laws and regulations.
[9-22-2020 by Ord. No.
2020-16]
A. It is the Borough's policy that the first priority locations for
wireless communications facilities shall be the Borough-owned towers,
and then non-Borough-owned existing towers and wireless communications
support structures, and all applicants for new wireless communications
facilities shall make all reasonable and good-faith efforts to co-locate
the proposed wireless communications facilities and/or secure the
location of such facilities on the Borough-owned wireless communications
support structures first, the non-Borough-owned existing towers and
wireless communications support structures second, the co-location
of small wireless facilities on existing utility poles third, and
the construction of small wireless facility poles fourth.
B. The Borough's priority policy for small wireless facilities is as
follows.
1. Existing utility poles shall be the priority locations for such facilities,
followed by replacement of utility poles, and followed by the construction
of new small wireless facility poles.
2. First priority for co-location on existing utility poles and construction
of new small wireless facility poles shall be first in nonresidential
zones, second on Long Beach Boulevard in all zones, and third on local
residential streets.
C. An applicant proposing any wireless communications facility at a
new location shall demonstrate and document that it made its best
efforts to find a co-location site and that none was available, practicable,
economically feasible, or viable.
[9-22-2020 by Ord. No.
2020-16]
A. The Borough may assess appropriate and reasonable application fees
directly related to the actual costs in reviewing and processing the
application for approval of wireless communication facilities, as
well as actual inspection, monitoring, and related costs, as set by
resolution. The Borough may also impose and require escrow fees for
the payment of actual fees and costs, as the Borough deems appropriate
by way of resolution.
B. Retention of experts and costs. The Borough and the Land Use Board
may use and/or hire any consultants, engineers, attorneys, and/or
experts to assist with the review and application for approval of
wireless communications facilities, and, following approval, assist
with the review and evaluation of any potential violations. The applicant
and/or owner of the wireless communication facility shall reimburse
the Borough and the Land Use Board for all costs of the foregoing
activities.
[9-22-2020 by Ord. No.
2020-16]
A. All applications shall be accompanied by a fee directly related to
a reasonable approximation of the Borough's costs reasonably incurred
as a direct result of the application and which the fee shall be set
at $500 for an application including one to five location sites and
$100 for each additional location site.
B. In addition to other fees provided herein, every wireless communications
facility in the ROW is subject to the Borough's right to fix annually
a fair and reasonable compensation to be paid for use and occupancy
of the ROW. Such compensation for ROW use shall be directly related
to the Borough's actual ROW management costs, if any, including, but
not limited to, the costs of the administration and performance of
all review, inspection, supervision, and other ROW management activities
by the Borough. The owner of each wireless communications facility
shall pay an annual fee to compensate the Borough for the Borough's
costs incurred, if any. The annual ROW management fee for wireless
communications facilities shall be determined by Borough and authorized
by resolution. Unless otherwise permitted by law, the annual fee shall
be set at $270 for each site in the ROW.
[9-22-2020 by Ord. No.
2020-16]
A. Except as otherwise provided, no wireless communications facilities
shall be constructed, erected, or substantially changed unless site
plan approval and any and all applicable variances are obtained from
the Land Use Board.
B. This section shall not apply to existing utility poles, the replacement
of utility poles, and new utility poles in the ROW and the construction
of small wireless facility poles in the ROW. The foregoing does not
constitute towers or tower-based wireless communications facilities.
C. The following provisions shall apply to applications for such approval.
1. Applications for site plans, along with any required variances, shall
be subject to the procedures and requirements of the Municipal Land
Use Law and the Borough Code, except as modified herein.
2. In granting site plan approval or a variance, the Land Use Board
may impose additional conditions consistent with federal and state
law to the extent the Land Use Board concludes such are necessary
to minimize any adverse effect of the proposed wireless communications
facility on adjoining properties.
3. Any information of an engineering nature that the applicant submits,
whether civil, mechanical, or electrical, shall be certified by a
licensed professional engineer of the state.
4. An applicant for site plan approval or a variance shall submit the
information required, a nonrefundable application fee, and an escrow
deposit.
5. Any tower shall be designed and constructed so as to accommodate
at least four antenna arrays of separate wireless communications providers,
where such accommodation is technically feasible.
D. In addition to any and all information required for applications
for site plan approval or a variance pursuant the Borough Code, applicants
for approval for the construction or installation of wireless communication
facilities shall submit all of the items identified on the application
checklist, along with the following information, before the application
is certified as complete.
1. A completed prescribed application and application checklist for
proposed wireless communications facilities.
2. The identity of the owner of the property, structure, and/or building
and a copy of the lease (with confidential or proprietary information
redacted), proof of ownership and authority, and deed for the property.
3. A scaled site plan clearly indicating the location, type, and height
of the proposed wireless communications facility, on-site land uses
and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed wireless
communications facility and any other structures, topography, parking,
and other information as required by the Borough Code, or as required
by the Borough or Board Engineer, to enable comprehensive review of
the application.
4. A survey of the property, including a letter of interpretation from
the State Department of Environmental Protection, signed and sealed
by a land surveyor licensed in the state, dated no earlier than 12
months prior to the date of the application.
5. The separation distance between the proposed wireless communications
facility and the nearest residential unit and/or residentially zoned
property and boundary line.
6. The separation distance from other wireless communications facilities
described in the inventory of existing sites shall be shown on an
updated site plan or map certified by a licensed engineer or licensed
land surveyor. The applicant shall also identify the type of construction
of the existing tower(s) and the owner/operator of the existing tower(s).
7. A landscape plan showing specific landscape materials and precise
locations of proposed landscaping improvements, including, but not
limited to, species type, size, spacing, other landscape features,
and existing vegetation to be retained, removed, or replaced, which
shall be certified by a licensed engineer or certified landscape architect.
8. An environmental impact study.
9. A plan evidencing compliance with the applicable requirements, including,
but not limited to, the architecture, stealth technology requirements,
aesthetics, color, camouflage, landscaping, and fencing.
10.
A written report of the suitability or nonsuitability of the
use of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility.
11.
A written report of the feasible location(s) of future wireless
communications facilities that may be erected by the applicant within
the Borough based upon existing physical engineering, technological,
or geographical limitations in the event the proposed wireless communications
facility is erected.
12.
A visual study, including photographic or topographic plans,
identifying a line-of-sight analysis detailing the view of the proposed
wireless communications facility from various directions and angles
from adjacent areas within a 750-foot radius of the proposed wireless
communications facility. The analysis shall be utilized to determine
buffer requirements.
13.
Documentation of the results of the crane test, including a
line-of-sight survey and photographic result of the crane test with
regard to the potential visual and aesthetic impacts of the proposed
tower. Such documentation must establish the zone of visibility of
the proposed tower.
14.
Photo simulations of any proposed tower, which shall include
at least one photo simulation from at least four angles of view of
the tower (from the north, east, south and west), taken from ground
level at the property line of the proposed site of any tower. Photo
simulations presented to the approving authority shall be in color
and a minimum of eight inches by 11 inches in size.
15.
Documentary and expert evidence regarding the need for the wireless
communications facility, which information shall identify the existing
wireless network layout and existing coverage areas to demonstrate
the need for the facility at a particular location within the Borough.
The evidence shall include a report of the radio frequency engineering
analysis of the search area for the wireless communications facility.
16.
A report from a qualified expert certifying that the wireless
communications facility complies with the latest structural and wind
loading requirements as set forth in the requirements as set forth
in the International Building Code, New Jersey State edition, as amended,
or the applicable New Jersey structural and wind requirements, including
a description of the number and type of antennas it is designed to
accommodate.
17.
A statement by the applicant demonstrating whether construction
of the wireless communications facility will accommodate co-location
of additional antennas for future users. If so, a letter of commitment
by the applicant to lease the excess space on the wireless communications
facility to other potential users at prevailing market rates and conditions.
The letter of commitment shall be recorded prior to the issuance of
a building permit. The letter shall commit the tower owner and all
successors in interest.
18.
Elevations of all existing and proposed structures generally
depicting all existing and proposed antennas, towers, platforms, and
finish materials, as well as all other accessory equipment.
19.
An inventory of the applicant's existing wireless communications
facilities or sites approved for towers or antennas within the jurisdiction
of the Borough and within three miles of the proposed site, including
specific information about the location, height, and design of each
wireless communications facility. The Borough and the Land Use Board
may share such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate wireless communications facilities within the jurisdiction
of the Borough; provided, however, that the Borough and Land Use Board
are not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
20.
Identification of the entities providing the backhaul network
for the wireless communications facility described in the application
and other wireless communications facilities owned or operated by
the applicant in the Borough.
21.
Detailed and certified engineering plans of the wireless communications
facility proposed and any and all related equipment.
22.
Fully executed indemnification and hold harmless agreements
prepared by the Borough, which are provided with the application package.
23.
Documentation that the existing vegetation, trees, and shrubs
located within proximity to the wireless communications facility structure
shall be preserved to the maximum extent possible.
24.
A soil report to the Borough complying with the standards of
Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended,
to document and verify the design specifications of the foundation
of the wireless communications support structure and anchors, if used.
25.
Documentation of compliance with all of the applicable requirements set forth in §
16.53.100.
[9-22-2020 by Ord. No.
2020-16]
A. Time frame for review. The Land Use Board shall render a decision
on an application within 150 days of receipt of a complete application.
B. Incomplete applications. The Land Use Board may toll the 150-day
time frame set by notifying the applicant, within 30 days of receipt
of submission of an application, that the application is incomplete.
Such notification shall set forth all outstanding information, as
well as the applicable Borough Code provision, ordinance, application
instruction, or publicly stated procedure requiring the information
to be submitted. The 150-day time frame shall begin again upon receipt
of the supplemental submission.
C. Subsequent incomplete applications. The Land Use Board may thereafter
toll the 150-day time frame by notifying the applicant, within 10
days of receipt of the supplemental submission, that the applicant
did not provide the information identified in the original notice
delineating missing information. Second or subsequent notices of incompleteness
may not specify missing documents or information not previously delineated
in the original notice of incompleteness.
D. Failure to act. If the Land Use Board does not approve or deny an
application within 150 days of receipt of the application or any applicable
tolling periods thereafter, the applicant may notify the Land Use
Board in writing that the review period has expired. Upon the Land
Use Board's receipt of this notice from the applicant, the application
shall be deemed granted.
[9-22-2020 by Ord. No.
2020-16]
A. An application for development to construct and/or install new wireless
communications facilities that constitute new construction and/or
installation of all wireless communications facilities that include
new small wireless facility poles for the siting of small wireless
facilities in the ROW, the co-location of non-small wireless facilities,
substantial changes to small wireless facilities, and nonsubstantial
changes to non-small wireless facilities shall not be subject to site
plan review, provided the application meets the following requirements.
1. If co-location to or nonsubstantial change to an existing wireless
communications support structure, the existing structure shall have
been previously granted all necessary approvals by the appropriate
approving authority.
2. If construction and/or installation of a new small wireless facility
pole in the ROW for the purpose of siting small wireless facilities
in the ROW, the new structure shall obtain all necessary approvals
by the appropriate approving authority.
3. The proposed application satisfies the federal and state requirements
to meet the standards for co-location.
4. The proposed co-location and/or change complies with the final approval
of the wireless communications support structure and all conditions
attached thereto and does not create a condition for which variance
relief would be required pursuant to N.J.S.A. 40:55D-1 et seq., or
any other applicable law, rule, or regulation.
5. Complies with all applicable requirements of the Borough Code.
B. Each application shall be limited to a request to construct and/or
install a total of one wireless communications facility that constitutes
new construction and/or installation of all wireless communications
facilities that include new small wireless facility poles for the
siting of small wireless facilities in the ROW, the co-location of
non-small wireless facilities, substantial changes to small wireless
facilities, and nonsubstantial changes to non-small wireless facilities.
C. All applications shall be submitted to the Municipal Clerk on the
prescribed application and checklist form(s) and shall include the
following information.
1. A completed application and application checklist.
2. A statement and supporting proofs that the application qualifies
as new construction and/or installation of all wireless communications
facilities that include new small wireless facility poles for the
siting of small wireless facilities in the ROW, the co-location of
non-small wireless facilities, substantial changes to small wireless
facilities, and nonsubstantial changes to non-small wireless facilities.
3. The identity of the owner of the property, structure, and/or building
and proof of approval to use the site and compliance with N.J.S.A.
48:3-18.
4. Proof of all consents required by federal, state, and local law and
regulations, including N.J.S.A. 48:17-8.
5. Certification that the applicant possesses the legal authority to
construct, co-locate, and/or change the wireless communications support
structure, which may include approvals from the jurisdiction authorizing
the initial placement of the wireless communications support structure
and transmission equipment.
6. Fully executed indemnification and hold harmless agreements.
7. A scaled location plan clearly indicating the location, type, and
height of the proposed wireless communications facility, on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed wireless
communications facility and any other structures, topography, parking,
and other information as required by the Borough Code, or as required
by the Borough to enable comprehensive review of the application.
8. The separation distance from other wireless communications facilities
shall be shown on a location plan or map certified by a licensed engineer
or licensed land surveyor. The applicant shall also identify the type
of construction of the existing wireless communications support structure(s)
and the owner/operator of wireless communications support structures
within one mile.
9. A description of the type and quantity of equipment to be installed
and the number and size of any equipment cabinets to be installed.
10.
A description of any excavation required.
11.
A description of any change in wireless communications support
structure height and/or width as a result of the proposed co-location,
removal, or replacement.
12.
A plan evidencing the development's compliance with the applicable
requirements, including, but not limited to, the architecture, aesthetics,
color, and use of stealth technology.
13.
A written report of the nonsuitability or nonsuitability of
the use of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility, including certification from a structural
engineer that the existing or new utility pole is structurally suitable
and safe for new construction and/or installation of all wireless
communications facilities that include new utility poles for the siting
of small wireless facilities in the ROW, the co-location of non-small
wireless facilities, substantial changes to small wireless facilities,
and nonsubstantial changes to non-small wireless facilities.
14.
A report from a qualified expert certifying that the wireless
communications facility complies with the latest structural and wind
loading requirements as set forth in the International Building Code,
New Jersey State edition, as amended, or the applicable New Jersey
structural and wind requirements, including a description of the number
and type of antennas it is designed to accommodate.
15.
A statement by the applicant demonstrating whether construction
of the wireless communications facility will accommodate co-location
of additional antennas for future users. The statement shall commit
the wireless communications support structure owner and successors
in interest.
a. Small wireless facilities on new small wireless facility poles shall
include a statement and evidence that new small wireless facility
poles shall be designed and installed to accommodate two additional
small wireless facilities for installation by additional carriers.
If it is the applicant’s position that no additional small wireless
facilities can be co-located on the existing or replacement utility
pole on the bases of technological or structural reasons, the applicant
shall submit proof that supports its position.
[Added 10-26-2021 by Ord. No. 2021-17]
16.
Elevations of all proposed wireless communications facilities
generally depicting all existing and proposed antennas, wireless communications
support structures, platforms, and finish materials, as well as all
other accessory equipment.
17.
An inventory of its existing wireless communications facilities
or sites approved for wireless communications support structures or
antennas within the jurisdiction of the Borough.
18.
Documentation of compliance with all of the applicable requirements
of the Borough Code.
[9-22-2020 by Ord. No.
2020-16]
A. Initial review. The Mayor and Council shall review the application
and advise the applicant within 30 days as to whether Borough deems
that the application is subject to these or other regulations. If
compliance with other subsections is deemed to be required, the applicant
shall proceed in accordance with the applicable regulations.
B. Time frame for review. The Mayor and Council shall review and approve
or deny the application within 90 days of receipt. This ninety-day
period may be extended by mutual agreement of the Borough and the
applicant.
C. Incomplete applications. The Mayor and Council may toll the ninety-day
time frame by notifying the applicant, within 30 days of receipt of
submission of an application, that the application is incomplete.
Such notification shall set forth all outstanding information, as
well as the applicable Code provision, ordinance, application instruction,
or publicly stated procedure requiring the information to be submitted.
The ninety-day time frame shall begin again upon receipt of the supplemental
submission.
D. Subsequent incomplete applications. The Mayor and Council may thereafter
toll the ninety-day time frame by notifying the applicant, within
10 days of receipt of the supplemental submission, that the applicant
did not provide the information identified in the original notice
delineating missing information. Second or subsequent notices of incompleteness
may not specify missing documents or information not previously delineated
in the original notice of incompleteness.
E. Complete applications. The Mayor and Council shall, within the ninety-day
time frame, approve all complete applications for the construction
and/or installation of all wireless communications facilities that
constitute new construction and/or installation of all wireless communications
facilities that include new utility poles for the siting of small
wireless facilities in the ROW, the co-location of non-small wireless
facilities, substantial changes to small wireless facilities, and
nonsubstantial changes to non-small wireless facilities and that do
not otherwise violate applicable health, safety, and other requirements
set forth in this section. If the Mayor and Council determines that
an application fails to comply with this section, it shall notify
the applicant of same in writing. If applicable, the Mayor and Council
shall advise the applicant to initiate the applicable process.
F. Applications on improper towers. Notwithstanding the foregoing, the
Mayor and Council is not obligated to approve an application for new
construction and/or installation of all wireless communications facilities
that include new utility poles for the siting of small wireless facilities
in the ROW, the co-location of non-small wireless facilities, and
nonsubstantial changes to non-small wireless facilities on a wireless
communications support structure or base station that was constructed
or deployed without proper review, was not required to undergo siting
review, or does not support transmission equipment that received another
form of affirmative state or local regulatory approval.
G. Failure to act. If the Mayor and Council does not approve or deny
an application for the construction and/or installation of all wireless
communications facilities that constitute new construction and/or
installation of all wireless communications facilities that include
new utility poles for the siting of small wireless facilities in the
ROW, the co-location of non-small wireless facilities, substantial
changes to small wireless facilities, and nonsubstantial changes to
non-small wireless facilities within 90 days of receipt of the application
or any applicable tolling periods thereafter, the applicant may notify
the Mayor and Council in writing that the review period has expired.
Upon the Mayor and Council's receipt of this notice from the applicant,
the application shall be deemed granted.
H. Notwithstanding any other regulation to the contrary, the Mayor and
Council may relax any requirement, at its sole and absolute discretion,
for any or no reason.
[9-22-2020 by Ord. No.
2020-16]
A. An application for co-location and nonsubstantial changes to small wireless facilities shall not be subject to site plan review and shall not require compliance with §
16.53.090, provided the application meets the following requirements.
1. If co-location to or nonsubstantial change to an existing wireless
communications support structure, the existing structure shall have
been previously granted all necessary approvals by the appropriate
approving authority.
2. The proposed application satisfies the federal and state requirements
to meet the standards for co-location.
3. The proposed co-location and/or change complies with the final approval
of the wireless communications support structure and all conditions
attached thereto and does not create a condition for which variance
relief would be required pursuant to N.J.S.A. 40:55D-1 et seq., or
any other applicable law, rule, or regulation.
B. Each application shall be limited to a request to construct and/or
install a total of 10 wireless communications facilities that constitute
co-location and nonsubstantial changes to small wireless facilities.
C. All applications shall be submitted to the Municipal Clerk on the
prescribed application and checklist form(s) and shall include the
following information.
1. A completed application and application checklist.
2. A statement and supporting proofs that the application qualifies
under this section.
3. The identity of the owner of the property, structure, and/or building
and a copy of the agreement relating to N.J.S.A. 48:3-18.
4. Certification that the applicant possesses the legal authority to
co-locate and/or change the wireless communications support structure,
which may include approvals from the jurisdiction authorizing the
initial placement of the wireless communications support structure
and transmission equipment.
5. Fully executed indemnification and hold harmless agreements prepared
by the Borough, which are provided with the application package.
6. A scaled location plan clearly indicating the location, type, and
height of the proposed wireless communications facility, on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed wireless
communications facility and any other structures, topography, parking,
and other information as required by the Borough Code, or as required
by the Borough or Board Engineer, to enable comprehensive review of
the application.
7. The separation distance from other wireless communications facilities
described in the inventory of existing sites shall be shown on an
updated location plan or map certified by a licensed engineer or licensed
land surveyor. The applicant shall also identify the type of construction
of the existing wireless communications support structure(s) and the
owner/operator of wireless communications support structure(s).
8. A description of the type and quantity of equipment to be installed
and the number and size of any equipment cabinets to be installed.
9. A description of any excavation required.
10.
A description of any change in wireless communications support
structure height and/or width as a result of the proposed co-location,
removal, or replacement.
11.
A plan evidencing the development's compliance with the applicable
requirements, including, but not limited to, the architecture, aesthetics,
color, and use of stealth technology.
12.
A written report of the suitability or nonsuitability of the
use of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility, including certification from a structural
engineer that the existing utility pole is structurally suitable and
safe for small wireless facilities, co-location and/or nonsubstantial
change.
13.
A report from a qualified expert certifying that the wireless
communications facility complies with the latest structural and wind
loading requirements as set forth in the requirements as set forth
in the International Building Code, New Jersey State edition, as amended,
or the applicable New Jersey structural and wind requirements, including
a description of the number and type of antennas it is designed to
accommodate.
14.
A statement by the applicant demonstrating whether construction
of the wireless communications facility will accommodate co-location
of additional antennas for future users. The statement shall commit
the wireless communications support structure owner and successors
in interest.
a. The co-location of small wireless facilities shall include a statement
and evidence that the co-location shall be designed and installed
to accommodate two additional small wireless facilities for installation
by additional carriers. If it is the applicant’s position that
no additional small wireless facilities can be co-located on the existing
or replacement utility pole on the bases of technological or structural
reasons, the applicant shall submit proof that supports its position.
[Added 10-26-2021 by Ord. No. 2021-17]
15.
Elevations of all proposed wireless communications facilities
generally depicting all existing and proposed antennas, wireless communications
support structures, platforms, and finish materials, as well as all
other accessory equipment.
16.
An inventory of its existing wireless communications facilities
or sites approved for wireless communications support structures of
antennas within the jurisdiction of the Borough.
17.
Documentation of compliance with all of the applicable requirements
of the Borough Code.
[9-22-2020 by Ord. No.
2020-16]
A. Initial review. The Mayor and Council shall review the application with consultation with the Borough Engineer, the Borough Attorney, and any other consultants and/or experts deemed necessary to determine whether the application qualifies as a request for co-location, and whether the change proposed is nonsubstantial. The Mayor and Council shall review the application and advise the applicant within 30 days as to whether the Borough deems that site plan approval by the Land Use Board or compliance with §
16.53.090 are required. If site plan approval or compliance with §
16.53.090 are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.
B. Time frame for review. The Mayor and Council shall review and approve
or deny the application within 60 days of receipt. This sixty-day
period may be extended by mutual agreement of the Borough and the
applicant.
C. Incomplete applications. The Mayor and Council may toll the sixty-day
time frame by notifying the applicant, within 30 days of receipt of
submission of an application, that the application is incomplete.
Such notification shall set forth all outstanding information, as
well as the applicable Code provision, ordinance, application instruction,
or publicly stated procedure requiring the information to be submitted.
The sixty-day time frame shall begin again upon receipt of the supplemental
submission.
D. Subsequent incomplete applications. The Mayor and Council may thereafter
toll the sixty-day time frame by notifying the applicant, within 10
days of receipt of the supplemental submission, that the applicant
did not provide the information identified in the original notice
delineating missing information. Second or subsequent notices of incompleteness
may not specify missing documents or information not previously delineated
in the original notice of incompleteness.
E. Complete applications. The Mayor and Council shall, within the sixty-day
time frame, approve all complete applications for the co-location
and nonsubstantial changes to small wireless facilities and that do
not otherwise violate applicable health, safety, and other requirements
set forth in this section. If the Mayor and Council determines that
an application fails to comply with this section, it shall notify
the applicant of same in writing. If applicable, the Mayor and Council
shall advise the applicant to initiate the applicable process.
F. Applications on improper towers. Notwithstanding the foregoing, the
Mayor and Council is not obligated to approve an application for small
wireless facilities, co-location, removal, or replacement of equipment
on a wireless communications support structure or base station that
was constructed or deployed without proper review, was not required
to undergo siting review, or does not support transmission equipment
that received another form of affirmative state or local regulatory
approval.
G. Failure to act. If the Mayor and Council does not approve or deny
an application for co-location and nonsubstantial changes to small
wireless facilities within 60 days of receipt of the application or
any applicable tolling periods thereafter, the applicant may notify
the Mayor and Council in writing that the review period has expired.
Upon the Mayor and Council's receipt of this notice from the applicant,
the application shall be deemed granted.
H. Notwithstanding any other regulation to the contrary, the Mayor and
Council may relax any requirement, at its sole and absolute discretion,
for any or no reason.
[9-22-2020 by Ord. No.
2020-16]
A. Uniform Construction Code; safety standards; standard of care. Wireless
communications facilities shall be designed, constructed, operated,
maintained, repaired, modified, and removed in strict compliance with
all current applicable technical, foundation, safety, and safety-related
codes, including, but not limited to, the most recent editions of
the American National Standards Institute ("ANSI") Code, National
Electrical Safety Code, National Electrical Code, the New Jersey Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, the Borough Code,
as well as the accepted and responsible workmanlike industry practices
of the National Association of Tower Erectors. Any tower-based wireless
communications facility shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life
of any person or any property in Borough.
B. Co-location. An application shall not be approved unless the Land
Use Board finds that the wireless communications equipment cannot
be accommodated on an existing or approved structure or building.
Any application shall include a comprehensive inventory of all existing
towers and other suitable structures within a three-mile radius from
the point of the proposed tower, unless the applicant can show to
the satisfaction of the Borough that a different distance is more
reasonable, and shall demonstrate conclusively why an existing tower
or other suitable structure cannot be utilized.
C. Wind. Wireless communications support structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association.
D. Height. Wireless communications facilities shall be designed at the
minimum functional height and shall not exceed a maximum total height
of 100 feet, which height shall include all subsequent additions or
alterations. All applicants must submit documentation to the Land
Use Board justifying the total height of the structure.
E. Public safety communications. No wireless communications facilities
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
F. Maintenance. The following maintenance requirements shall apply:
1. Wireless communications facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair;
2. Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of the Borough's residents;
3. All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents; and
4. Except in the case of documented emergencies, five-day written notice
of any and all maintenance activities shall be provided to the Chief
of Police and the Department of Public Works. Written notice of emergencies
and documented proof of same shall be provided to the Chief of Police
and the Department of Public Works as soon as practicable, but in
no case more than 48 hours from the date of emergency.
G. Radio frequency emissions. No wireless communications facility shall,
by itself or in conjunction with other wireless communications facilities,
generate radio frequency emissions in excess of the standards and
regulations of the FCC, including, but not limited to, the FCC Office
of Engineering Technology Bulletin 65, entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
H. Identification. All wireless communications facilities shall post
a notice in a readily visible location identifying the name and phone
number of a party to contact in the event of an emergency, subject
to approval of the Land Use Board.
I. Lighting. Wireless communications facilities shall not be artificially
lighted, except as required by law and as may be approved by the Land
Use Board. If lighting is required, the applicant shall provide a
detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
J. Appearance and visual compatibility requirements.
1. All wireless communications support structures and facilities shall
be located, designed, and screened to blend with the existing natural
or building surroundings so as to minimize visual impacts through
the use of the latest stealth technology, including color and camouflaging,
architectural treatment, landscaping, and other available means, considering
the need to be compatible with neighboring residences and the character
of the community. The wireless communications facility shall employ
the most current stealth technology available in an effort to appropriately
blend into the surrounding environment and minimize aesthetic impact.
2. Any height increases to an existing tower-based wireless communications
facility shall require prior approval of the Land Use Board. The Land
Use Board shall have the discretion to deny such requests based upon
aesthetic and land use impact, or any other lawful considerations
related to the character of the Borough.
3. Wireless communications facilities shall be designed structurally,
electrically, and in all respects to accommodate both the wireless
communications facility applicant's antennas and comparable antennas
for future users.
4. Towers shall either maintain a galvanized steel finish or be painted
a neutral color, and employ stealth technology so as to reduce visual
obtrusiveness.
5. At the wireless communications equipment building, the design of
the buildings and related structures shall, to the extent possible,
use materials, colors, tenures, screening, and landscaping that will
blend the tower facilities to the natural setting and surrounding
buildings.
6. All wireless communications support structures shall be designed
to preserve scenic vistas and views of the Atlantic Ocean, Barnegat
Bay, Little Egg Harbor, all inlets, cultural and historical landmarks,
and unique geographic and topographic features. Natural features such
as trees, views, natural terrain, open waters, and natural drainage
ridge lines shall be preserved whenever possible in locating and designing
a tower. Towers shall further be designed and located to minimize
impact on open space and Green Acres properties.
7. Any and all buildings or structures relating to the wireless communications
support structures shall be located, designed, and screened to blend
with the existing natural or building surroundings so as to minimize
visual impacts through the use of stealth technology.
8. Any and all buildings or structures relating to the wireless communications
support structures shall not contain more than 1,600 square feet of
gross floor area or be more than 15 feet in height above design flood
elevation.
9. Equipment storage buildings or cabinets shall comply with all applicable
zoning and building codes.
10.
The wireless communications equipment building shall not exceed
10 feet for flat roofs or 15 feet for pitched roofs above base flood
elevation, which shall have a minimum vertical rise of six inches
for every 12 inches of horizontal run, and the building must blend
architecturally with any existing building on the property. Pitched
roofs shall be permitted only where the applicant is proposing a structure
designed to blend with the local architectural context.
11.
When a location out of the view from off-tract properties is
not possible, appropriate foundation planting shall be provided outside
the wireless telecommunications equipment building.
12.
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required.
a.
Wireless communications facilities shall be landscaped with
a buffer of plant materials that effectively screens the view of the
tower compound from property used for residences.
b.
Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
13.
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived by the approving
authority if the goals of this section would be better served thereby.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible.
14.
An individual wireless carrier shall not occupy more than 400
square feet of the equipment building.
K. Noise. Wireless communications facilities shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Borough Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
L. Aviation safety. Wireless communications facilities shall comply
with all federal and state laws and regulations concerning aviation
safety.
M. Nonconforming uses. Nonconforming wireless communication facilities
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of the Borough Code.
N. Removal. In the event that use of a wireless communication facility
is planned to be discontinued, the owner 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 based wireless
communication facilities or portions of based wireless communication
facilities shall be removed as follows:
1. All unused or abandoned wireless communication facilities and accessory
facilities shall be removed within six months of the cessation of
operations at the site unless a time extension is approved by the
Borough.
2. If the wireless communication facility and/or accessory facility
is not removed within six months of the cessation of operations at
a site, or within any longer period approved by the Borough, the wireless
communication facility and accessory facilities and equipment may
be removed by the Borough and the cost of removal assessed against
the owner.
3. Any unused portions of the wireless communication facilities, including
antennas, shall be removed within six months of the time of cessation
of operations. The Borough must approve all replacements of portions
of a tower-based wireless communication facility previously removed.
O. Additional antennas. As a condition of approval for all wireless
communications facilities, the applicant shall provide the Borough
with a written commitment that it will allow other service providers
to co-locate antennas on the wireless communications facilities where
technically and economically feasible. The owner of a tower-based
wireless communications facility shall not install any additional
antennas without obtaining the prior written approval as required
in this section.
P. Environmental. Wireless communication facilities shall comply with
all applicable environmental regulations.
Q. Visual or land use impact. The Land Use Board shall have the discretion
to deny an application for the construction or placement of any wireless
communications facility based upon visual and/or land use impact.
R. Inspection. The Borough shall possess the right to inspect any wireless
communications facility to ensure compliance with the provisions of
the Borough Code or state or federal law. The Borough and/or its agents
shall have the authority to enter the property upon which a wireless
communications facility is located at any time, upon reasonable notice
to the operator, to ensure such compliance. If, upon inspection, the
Borough concludes that a tower fails to comply with such codes and
standards and constitutes a danger to persons or property, then upon
notice being provided to the owner of the tower, the owner shall have
30 days to bring 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.
S. Setbacks. The following setback requirements shall apply to all towers:
1. Towers must be set back a distance equal to at least 100% of the
height of the tower from any adjoining lot line and all nonappurtenant
buildings and structures to ensure public safety in the event of a
collapse or fall of the tower, provided that distance is no closer
than the building setback applicable to the zoning district.
2. Accessory buildings must satisfy the minimum zoning district setback
requirements.
3. No tower shall exist within required buffer or conservation easement
areas.
T. Separation distance from tower to tower. No tower shall be within
1,500 feet of another tower. Tower separation shall be measured from
the base of the tower to the base of the other tower.
U. Insurance requirements. All applicants shall be required to provide
proof of and maintain comprehensive general liability insurance covering
the tower-based wireless communications facility in the minimum coverage
amount of $5,000,000 for any one claim and $10,000,000 for any aggregate
claim. The insurance policy shall name the Borough as an additional
insured. The existence of any available and/or applicable insurance
shall not waive or release the applicant from the obligations set
forth in the required indemnification agreement included in the application.
V. Fence/screen.
1. A security fence having a maximum height of eight feet shall completely
surround any tower-based wireless communications facility, guy wires,
or any building housing wireless communications facility equipment.
2. An evergreen screen that consists of a hedge, or a row of evergreen
trees, shall be located along the perimeter of the security fence.
3. The wireless communications facility applicant shall submit a landscape
plan for review and approval by the Borough Planning Commission for
all proposed screening.
W. Accessory equipment.
1. Ground-mounted equipment associated to, or connected with, a tower-based
wireless communications facility shall be underground. In the event
that an applicant can demonstrate that the equipment cannot be located
underground to the satisfaction of the Borough Engineer, then the
ground-mounted equipment shall be screened from public view using
stealth technologies, as described above.
2. All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
X. Access road. An access road, turnaround space and parking shall be
provided to ensure adequate emergency and service access to a tower-based
wireless communications facility. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the wireless communications facility owner shall present documentation
to the Borough that the property owner has granted an easement for
the proposed facility.
Y. Bond. Prior to the issuance of a permit, the owner of a tower-based
wireless communications facility outside the ROW shall, at its own
cost and expense, obtain from a surety licensed to do business in
the state and maintain a bond or other form of security acceptable
to the Borough Attorney, in an amount of $500,000, to assure the faithful
performance of the terms and conditions of the Borough Code and as
a guarantee that no such installation or equipment exceeds or will
exceed the allowable FCC limits for radio frequency emissions and
radiation exposure to the general public. The bond shall provide that
the Borough may recover from the principal and surety any and all
compensatory damages incurred by the Borough for violations of this
chapter, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Borough, and the bond shall
be held and maintained during the entire period of the owner's operation
of each wireless communications facility.
Z. Indemnification. All applicants shall be required to execute an indemnification
agreement in the form required and pursuant to which the owner shall
agree to defend, hold harmless, and indemnify the Borough, its officers,
employees, agents, attorneys, volunteers, and independent contractors
to the fullest extent under the law.
[9-22-2020 by Ord. No.
2020-16; amended 10-26-2021 by Ord. No. 2021-17]
A. Time, place and manner. The Borough shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all wireless communications facilities based on public safety, traffic
management, physical burden on the ROW, public health, welfare, and
safety, and related considerations.
B. Small wireless facilities, co-location, and nonsubstantial changes
to wireless communications facilities shall be limited to the placement
of wireless communications on utility poles and small wireless facility
poles inside the ROW.
C. No small wireless facility poles shall include any visible exterior
lighting of any kind.
D. All ROW regulations shall apply to all entities and applicants, regardless
of whether the ROW is owned and/or controlled by the county or the
state.
E. The co-location of small wireless facilities on utility poles in
the ROW, the replacement of utility poles to site small wireless facilities
in the ROW, and the construction of new small wireless facility poles
in the ROW for the purpose of siting small wireless facilities in
the ROW shall not constitute towers or tower-based wireless communications
facilities and shall comply with the applicable regulations and the
following.
1. No utility poles or small wireless facility poles, inclusive of any
and all antennas and equipment, shall exceed 40 feet in height.
2. No new small wireless facility poles constructed for the purpose
of siting small wireless facilities in the ROW shall be placed within
300 feet of any other existing utility pole that supports a small
wireless facility or any other small wireless facility pole. The Mayor
and Council may relax this requirement, at its sole and absolute discretion,
for any or no reason, to 200 feet.
3. The siting of new small wireless facility poles shall not be greater
than five feet from the point where the shared property line between
two properties and the ROW intersect. Small wireless facilities in
the ROW may be sited by way of replacement utility poles within 10
feet in nonresidential zones and five feet in residential zones from
the point of the preexisting utility pole that shall be replaced.
All small wireless facilities, including the foregoing, shall be only
permitted in the ROW by collocation on existing utility poles or replacement
of existing utility poles in all zones if within 15 feet from the
point where the shared property line between two properties and the
ROW intersect. In addition, the following regulations shall further
apply.
a.
No replacement utility pole shall be located closer to any type
of residential dwelling than the existing utility pole being replaced.
b.
No small wireless facilities of any kind in the ROW, including
those installed by new small wireless facility poles, replacement
utility poles, and collocation shall be permitted within 25 feet of
any type of residential dwelling.
4. Where the applicant has demonstrated that an existing utility pole
can be used, the antennas shall be mounted to the existing pole in
a manner that preserves the structural integrity and aesthetics of
the pole.
5. The replacement of existing utility poles and siting of small wireless
facility poles shall comply with all applicable federal, state, and
local laws and regulations, including N.J.S.A. 48:17-8.
6. Replacement utility poles shall be fabricated using the same materials
as the pole to be replaced, shall be the same diameter, and shall
be placed in the same location.
7. Unless otherwise permitted by the Mayor and Council, at its discretion,
new small wireless facility poles shall be fabricated using the same
materials as the existing neighboring utility poles.
8. Panel antennas are not permitted unless the applicant provides evidence
that establishes a cylindrical antenna or antennas are not technically
feasible.
9. Only one omnidirectional (rod or cannister) antenna and four directional
antenna panels shall be permitted per utility pole and small wireless
facility pole. No omnidirectional antenna shall be permitted to exceed
eight feet in height and the width of the pole by more than a total
of six inches. No directional antenna panel shall be permitted to
exceed two feet in width, eight feet in height, and nine inches deep.
No parabolic (disc) antennas shall be permitted on any utility pole
or small wireless facility pole.
a.
One remote radio head (RRH) or remote radio unit (RRU) shall
be permitted on each utility pole or small wireless facility pole.
An RRH or RRU is not considered an antenna.
10.
The diameter of small wireless facility poles shall be limited
to 4.5 feet.
11.
Small wireless facility poles shall be set back from curbs,
offset from driveways, offset from trees, and shall not be located
within 10 feet of any energized line.
F. Except as otherwise provided in Subsection E2 for small wireless
facilities, no wireless communications facilities, including small
wireless facilities, shall be located within 300 feet of any other
wireless communications facilities.
G. All ground-level cabinets for wireless communications facilities
shall comply with the following:
1. No ground-level cabinets shall be permitted in any residential zone.
2. Permitted ground-level cabinets shall:
a.
Be less than 28 cubic feet in volume;
b.
Not be sited in any sight triangle and shall not inhibit sight
at any intersection;
c.
Be located greater than 18 inches from the face of a curb; and
d.
Allow sufficient room for the public to pass and repass across
the ROW and sidewalks.
H. Pole-mounted antennas and cabinets shall comply with the following:
1. Pole-mounted antennas are permitted on utility poles and small wireless
facility poles in all zones, provided that each:
a.
Does not exceed three cubic feet in volume;
b.
Not be sited in any sight triangle and shall not inhibit pedestrian
and vehicular sight lines at any intersection; and
c.
Allows sufficient room for the public to pass and repass across
the ROW and sidewalks.
2. Pole-mounted cabinets are permitted on small wireless facility poles
and utility poles, provided that each:
a.
Does not exceed 16 cubic feet;
b.
Not be sited in any sight triangle and shall not inhibit sight
at any intersection;
c.
Allows sufficient room for the public to pass and repass across
the ROW and sidewalks, does not diminish the usability of the sidewalks,
and otherwise does not obstruct, impede, or hinder the usual travel
or public safety on the ROW;
d.
Is installed at least eight feet above the ground, and, if any
wireless facilities or equipment are projecting toward the street
or sidewalk, the base of the attachment shall be installed no less
than 17 feet above the street or sidewalk;
e.
Has no protrusion from the outer circumference of the pole of
more than 18 inches;
f.
Is limited to a total volume of all installed equipment external
to the pole (including, but not limited to, cabinets, vaults, boxes,
and antennas) that does not exceed 28 cubic feet, which maximum applies
to all equipment installed at the time of the original application
and includes any equipment to be installed at a future date.
I. Uniform Construction Code; safety standards; standard of care. Any
wireless communications facility shall be designed, constructed, operated,
maintained, repaired, modified, and removed in strict compliance with
all current applicable technical, safety, and safety-related codes,
including, but not limited to, the most recent editions of ANSI, National
Electrical Safety Code, National Electrical Code, the State Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, the Borough Code,
as well as the accepted and responsible workmanlike industry practices
of the National Association of Tower Erectors. Any wireless communications
facility shall at all times be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in the Borough.
J. Wind. Wireless communications facilities shall be designed to withstand
the effects of wind according to the standard designed by the American
National Standards Institute as prepared by the engineering departments
of the Electronics Industry Association and Telecommunications Industry
Association.
K. Public safety communications. Wireless communications facilities
shall not interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
L. Aviation safety. Wireless communications facilities shall comply
with all federal and state laws and regulations concerning aviation
safety.
M. Radio frequency emissions or radiation. Wireless communications facilities
shall not, by themselves or in conjunction with other wireless communications
facilities, generate radio frequency emissions or radiation in excess
of the standards and regulations of the FCC, including, but not limited
to, the FCC Office of Engineering Technology Bulletin 65, entitled
"Evaluating Compliance with FCC Guidelines for Human Exposure to Radio
Frequency Electromagnetic Fields," as amended.
N. Design and new technology. All wireless communications facilities shall comply with the requirements of Chapter
12.32.
O. Separation; separation distance from wireless communications facilities
and antennas. Except as otherwise provided in Subsection E2 for small
wireless facilities, no wireless communication facility or antenna
shall be within 300 feet of another. The separation shall be measured
from the base of the utility pole and/or small wireless facility pole
to the base of the other utility pole and/or small wireless facility
pole.
P. Noise. Wireless communications facilities shall be operated and maintained
so as not to produce noise in excess of applicable noise standards
under state law and the Borough Code, except in emergency situations
requiring the use of a backup generator, where such noise standards
may be exceeded on a temporary basis only.
Q. Historic buildings or districts. No wireless communications facility
may be located within 150 feet of any building or structure that is
listed on either the National or State Register of Historic Places
or the official historic structures and/or historic districts list
maintained by Borough, or has been designated by the Borough as being
of historic significance.
R. Visual impact and safety. The Borough reserves the right to deny
an application for the construction or placement of any wireless communications
facilities based upon visual and/or land use impact and require design
modification as a pre-condition to approval. No wireless communications
facility shall be permitted in any sight triangle or otherwise interfere
with sight lines and/or the public health, welfare, and safety.
S. Removal. In the event use of the wireless communications facility
is discontinued, the owner 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 wireless communications facilities
or portions of wireless communications facilities shall be removed
as follows:
1. All abandoned or unused co-location of and changes to wireless communications
facilities and accessory equipment shall be removed within three months
of the cessation of operations at the site unless a time extension
is approved by the Borough;
2. If the wireless communications facilities and accessory equipment
are not removed within three months of the cessation of operations
at a site, or within any longer period approved by Borough, the wireless
communications facilities and/or associated equipment may be removed
by the Borough and the cost of removal assessed against the owner.
T. Maintenance. The following maintenance requirements shall apply:
1. Wireless communications facilities shall be fully automated and unattended
on a daily basis and shall be visited only for maintenance or emergency
repair;
2. Such maintenance shall be performed to ensure the upkeep of the facility
in order to promote the safety and security of Borough's residents;
3. All maintenance activities shall utilize nothing less than the best
available technology for preventing failures and accidents; and
4. Except in the case of documented emergencies five-day written notice
of any and all maintenance activities shall be provided to the Chief
of Police and the Department of Public Works. Written notice of emergencies
and documented proof of same shall be provided to the Chief of Police
and the Department of Public Works as soon as practicable, but in
no case more than 48 hours from the date of emergency.
U. Bond. Upon approval of the application and prior to the issuance
of a permit, the owner of each wireless communications facility shall,
at its own cost and expense, obtain from a surety licensed to do business
in the state and maintain a bond, or other form of security acceptable
to the Borough Attorney, in an amount of $10,000 for each such wireless
communications facility to assure the faithful performance of the
terms and conditions of the Borough Code and as a guarantee that no
such installation or equipment exceeds or will exceed the allowable
FCC limits for radio frequency emissions and radiation exposure to
the general public. The bond shall provide that the Borough may recover
from the principal and surety any and all compensatory damages incurred
by the Borough for violations, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Borough,
and the bond shall be held and maintained during the entire period
of the owner's operation of each wireless communications facility.
V. Inspection. The Borough shall possess the right to inspect any wireless
communications facility to ensure compliance. The Borough and/or its
agents shall have the authority to enter the property upon which a
wireless communications facility is located at any time, upon reasonable
notice to the operator, to ensure such compliance. If, upon inspection,
the Borough concludes that a tower fails to comply with such codes
and standards and constitutes a danger to persons or property, then
upon notice being provided to the owner of the tower, the owner shall
have 30 days to bring 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.
W. Insurance requirements. All applicants shall be required to provide
proof of and maintain comprehensive general liability insurance covering
the wireless communications facility in the minimum coverage amount
of $2,000,000 for any one claim and $3,000,000 for any aggregate claim
for each wireless communications facility location. The insurance
policy shall name the Borough as an additional insured. The existence
of any available and/or applicable insurance shall not waive or release
the applicant from the obligations set forth in the required indemnification
agreement included in the application.
X. Indemnification. All applicants shall be required to execute an indemnification
agreement in the form required and pursuant to which the owner shall
agree to defend, hold harmless, and indemnify the Borough, its officers,
employees, agents, attorneys, volunteers, and independent contractors
to the fullest extent under the law.
[9-22-2020 by Ord. No.
2020-16]
Within 60 days following written notice from 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 utility-pole-based
wireless communications facility in the ROW shall, at its own expense,
temporarily or permanently remove, relocate, change, or alter the
position of any wireless communications facility when the Borough,
consistent with its police powers and applicable regulations, shall
determine that such removal, relocation, change, or alteration is
reasonably necessary under the following circumstances:
A. The construction, repair, maintenance, or installation of any Borough
or other public improvement in the ROW;
B. The operations of the Borough or other governmental entity in the
ROW;
C. Vacation of a street or road or the release of a utility easement;
and/or
D. An emergency, as determined by Borough.
[9-22-2020 by Ord. No.
2020-16]
Nonconforming wireless communications facilities, antennas,
and/or wireless communications support structures that are damaged
or destroyed may not be rebuilt without first obtaining the appropriate
approval from the appropriate approving authority and without having
to meet the requirements of the Borough Code.
[9-22-2020 by Ord. No.
2020-16]
All wireless communications facilities shall comply with the
following annual recertification requirements.
A. Each year on July 1, the owner shall submit an affidavit which shall
list all active wireless communications facilities it owns within
the Borough by location and certifying that a) the required insurance
is maintained and provide a copy of the certificate of insurance per
installation and b) each wireless communications facility has been
inspected for safety and found to be in sound working condition and
in compliance with all federal safety regulations concerning radio
frequency exposure limits.
B. The Borough shall have the right to employ a qualified radio frequency
engineer to conduct an annual random test of wireless communications
facilities to ensure their compliance with all FCC radio frequency
emission limits as they pertain to exposure to the general public.
The cost of such tests shall be paid by the owner of the wireless
communications facilities.
1. In the event that such independent tests reveal that a wireless communications
facility is emitting radio frequency emissions or radiation in excess
of FCC exposure guidelines as they pertain to the general public,
the Borough shall notify the owner and all residents living within
1,500 feet of the wireless communication facility of the violation,
and the owner shall have 48 hours to bring the wireless communications
facility into compliance. Failure to bring the wireless communications
facility into compliance shall result in the forfeiture of the bond,
and the Town shall have the right to 1) terminate the approval and/or
2) require the removal of such wireless communications facilities
in the sole discretion of the Borough.
C. The owner shall pay an annual fee set forth in §
16.53.060B per active wireless communications facility.
D. Any wireless communications facility that is no longer in use shall
be removed by the owner within 60 days of submission of the annual
recertification affidavit, at the owner's expense.
1. Any wireless communications facility that is not removed within 60
days after being listed as no longer in use in the annual recertification
affidavit shall be subject to a fine of $100 per day until such installation
is removed.
E. Where such annual recertification has not been timely submitted,
or equipment no longer in use has not been removed within the required
sixty-day period, no further applications for wireless communications
facilities shall be accepted until such time as the annual recertification
has been submitted and all fees and fines paid.
[9-22-2020 by Ord. No.
2020-16]
Any wireless communications facilities constructed, erected,
modified, or enhanced prior to the issuance of the required approval
set forth in this chapter shall be removed prior to the submission
of an application. No consideration of any application for a wireless
communications facility shall be made, and no so-called "shot clock"
for approval shall commence while such unauthorized installations
remain.
[9-22-2020 by Ord. No.
2020-16]
A. A separate and distinct violation shall be deemed to be committed
each day on which a violation occurs or continues to occur. In addition
to an action to enforce any penalty imposed by this section and any
other remedy at law or in equity, the Borough may apply to a Federal
District Court for an injunction or other appropriate relief at law
or in equity to enforce compliance with or restrain violation of any
provision of this chapter.
B. A violation of this chapter shall be punishable as provided in Title 1, General Provisions, Ch.
1.08, General Penalty.
[9-22-2020 by Ord. No.
2020-16]
A. Police powers. The Borough, by granting any permit or taking any
other action pursuant to this section, does not waive, reduce, lessen,
or impair the lawful police powers vested in the Borough under applicable
federal, state, and local laws and regulations.