The purposes of this chapter for the siting, installation, alteration
and maintenance of wireless telecommunications facilities are to:
A. Protect residential areas and land uses from potential adverse impacts
of wireless telecommunications facilities;
B. Encourage the location of cellular facilities in appropriate locations;
C. Minimize the total number of cellular facilities throughout the Borough;
D. Strongly encourage the co-location on approved wireless telecommunications
facilities as a primary option rather than construction of new or
additional single-use towers;
E. Encourage users of monopoles and antennas to locate them, to the
extent possible, in areas where the adverse impact on the residential
community is minimal, particularly to avoid adverse visual impacts
upon residential dwellings;
F. Encourage users of monopoles and antennas to locate and configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques;
G. Enhance the ability of the providers of telecommunications services
and emergency services to provide such services to the community quickly,
effectively and efficiently;
H. Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures;
I. Ensure compliance with Federal Communications Commission regulations
concerning eligible facilities requests to modify eligible support
structures; and
J. Ensure compliance with applicable environmental laws and regulations.
For the purposes of this chapter, the following terms shall
have the meanings indicated below:
BASE STATION, EXISTING
Any lawfully existing structure other than a tower that,
at the time of review or consideration, already supports or houses
lawfully existing FCC-licensed or FCC-authorized wireless transmission
equipment, even if such structure was not initially built for the
sole or primary purpose of supporting or housing wireless transmission
equipment.
BASE STATION, PROPOSED
Any proposed or lawfully existing structure other than a
tower that is being proposed to be used to support or house FCC-licensed
or FCC-authorized wireless transmission equipment and which does not,
at the time of such proposal, already support or house wireless transmission
equipment.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of a wireless
telecommunications tower, or surrounding, adjacent to, within or upon
a wireless telecommunications base station, in which wireless transmission
equipment is located.
WIRELESS TELECOMMUNICATIONS FACILITY
The tower or base station and all wireless transmission equipment
used in connection with any FCC-licensed or FCC-authorized wireless
transmission.
WIRELESS TRANSMISSION EQUIPMENT
Any antennas, including panel or multimodal antennas, "small
cell" systems (such as exterior or interior "DAS" distributed antenna
systems), or "dish" microwave antennas, that are used in connection
with any FCC-licensed or FCC-authorized wireless transmission, and
all other equipment associated with and necessary to their operation,
including wires, cables, cabinets, and backup power equipment.
All new wireless telecommunications facilities, including towers,
antennas, distributed antenna systems (DAS) (also referred to as a
"microcell," "booster" or "repeater antenna system") on private property
and publicly owned lands, but not in the Borough right-of-way, shall
be subject to the regulations of this chapter, except as otherwise
provided herein. The provisions of this chapter shall not govern any
antenna that is owned and operated by a federally licensed amateur
radio station operator or is used exclusively as a receive-only antenna
in accordance with Federal Communications Commission regulations.
An eligible facilities request that does not substantially change
the dimensions of an existing wireless telecommunications facility
shall comply with the following:
A. Reviewing authority. The Borough Zoning Officer is the reviewing
authority for eligible facilities requests involving no substantial
change.
B. Fee. The application fee for an eligible facilities request involving no substantial change is specified in §
492-17 herein. The fee must be paid to the Zoning Officer prior to the issuance of the applicable zoning permit.
C. Application. An application for an eligible facilities request involving
no substantial change must include a completed zoning permit application,
a plan drawn by an engineer or architect depicting the existing tower
or base station and all proposed facilities and modifications, and
other documentation as necessary to demonstrate that the request qualifies
as an eligible facilities request and involves no substantial change
as defined in this chapter.
D. Filing. Applications for eligible facilities requests involving no
substantial change must be filed with the Zoning Officer in paper
format via mail, overnight delivery, or hand delivery, and also in
electronic (.pdf or .doc) format via email, and copied simultaneously
to the Planning Board in both formats.
E. Prior Borough approvals. Applications for eligible facilities requests
involving no substantial change must confirm, to the Zoning Officer's
satisfaction, that the existing tower or base station, and all existing
wireless telecommunications facilities located thereon, are lawfully
in existence, and have been previously granted all necessary municipal
land use and development approvals.
F. Owners' consent. Applications for eligible facilities requests
involving no substantial change must confirm, to the Zoning Officer's
satisfaction, that the owner of the subject property, whether or not
within a public right-of-way, and the owner of the subject tower or
base station have given prior written consent to the proposed facilities
and modifications.
G. Request for additional information. If the Zoning Officer concludes
that additional information is needed to determine whether the application
can be approved, the Zoning Officer may request such additional information
from the applicant, but the applicant is not required to provide it.
H. Interim denial pending further review. If the Zoning Officer is unable to reach a decision, per Subsection
I below, within 10 business days following the date the application was initially received by the Zoning Officer, the Zoning Officer must, within the ten-business-day period, issue a written notice of denial specifying that "the application is denied for purposes of N.J.S.A. 40:55D-18 pending further review and final decision pursuant to the applicable section of this chapter."
I. Decision.
(1) If, based on his or her review of the application, the Zoning Officer
concludes that the application proposes an eligible facilities request,
the Zoning Officer must approve the application.
(2) If, based on his or her review of the application, the Zoning Officer
concludes that the application does not propose an eligible facilities
request, and involves a substantial change to the existing eligible
support structure or wireless telecommunications facility, then the
Zoning Officer must deny the application and refer the applicant to
the applicable provisions of this chapter pertaining to modifications
to existing eligible support structures that are not an eligible facilities
request and which involve a substantial change to the existing facility.
J. Deadline for final decision. The Zoning Officer must issue a written
final decision on the application no less than 60 days following the
date the application was initially received by the Zoning Officer.
The decision may be issued via mail, email, overnight delivery, or
hand delivery. The deadline for decision may be tolled or waived only
upon the applicant's written consent; and, once given, such consent
may be withdrawn by the applicant at any time upon written notice
to the Zoning Officer, provided that any such withdrawal, if given
less than 10 days' prior to the deadline expiration date, must
allow the Zoning Officer at least 10 days' to decide the application
following the Zoning Officer's receipt of the consent withdrawal.
K. Deemed approved. Failure to decide an application within the sixty-day
decision deadline or any extension thereof will constitute an automatic
approval of the application as filed.
L. Form of final decision. The Zoning Officer must memorialize his or
her final decision by written approval or denial of the zoning permit
application. The approval or denial must include a list of the plans
and documents that comprised the application, with references to the
dates, titles, and other descriptive features of those plans and documents.
A request to modify a wireless telecommunications facility that
substantially alters the existing dimensions shall comply with the
following:
A. Reviewing authority. The Borough Planning Board is the reviewing
authority for modifications to eligible support structures that involve
substantial change.
B. Fees and review escrow deposits. Applicants for modifications to
eligible support structures that involve substantial change must pay
fees and review escrow deposits applicable for site plan review or
waiver and all requested variances (and subdivision, if applicable),
as well as the application fee and initial review escrow deposit specified
for "eligible support structure modification with substantial change."
All fees and review escrow deposits must be paid to the Planning Board
Secretary when the application is filed.
C. Application. An application for a modification to an eligible support
structure involving substantial change must include all completed
application forms for site plan review or waiver and all requested
variances and may also include any other documentation reasonably
necessary for the Planning Board to render a decision.
D. Filing. Applications for modification to an eligible support structure
involving substantial change must be filed with the Planning Board
according to the Planning Board's requirements for all development
applications involving site plan review or waiver and variances.
E. Completeness review and deadline. Completeness review of applications
under this subsection will be conducted by the Planning Board Attorney
in consultation with the Planning Board Engineer, the Planning Board
Secretary and the Telecommunications Consultant, as required. The
deadline for completeness review, which is based on federal laws and
regulations as opposed to the New Jersey Municipal Land Use Law, is 30 days. If the Planning Board Attorney notifies the
applicant of completeness deficiencies, in writing, within the thirty-day
period, the deadline is tolled, but not reset. Subsequent incompleteness
determinations must be issued, in writing, within 10 days following
any subsequent submission. Unless certified complete or incomplete
by the Planning Board Attorney within the thirty-day period from filing
(or within the ten-day period from a subsequent submission), the application
will be deemed complete upon expiration of the thirty-day period from
filing (or upon expiration of the ten-day period from subsequent submission).
The completeness deadline may be tolled or waived only upon the applicant's
written consent; and, once given, such consent may be withdrawn at
any time by the applicant upon written notice to the Planning Board
Attorney.
F. Scheduling of hearing. Immediately following a certification or deeming
of completeness of a request to modify an eligible support structure
involving substantial change, the Planning Board Attorney must confer
with the applicant's attorney or other authorized representative
and the Planning Board Secretary to schedule the application hearing
for a mutually acceptable hearing date, provided that the hearing
date must be no later than 90 days following the application's
initial filing date. Notice of the hearing must be mailed and published
by the applicant as required by the New Jersey Municipal Land Use
Law.
G. Deadline for decision. The Planning Board must render its decision
on a request to modify an eligible support structure involving substantial
change no later than 90 days following the application's initial
filing date. If the Planning Board believes that the applicant has
provided insufficient information for approval of the application,
and if the applicant will not provide the additional information and/or
extend the ninety-day decision deadline as necessary for the Planning
Board to continue its review, the Planning Board must deny the application
within the ninety-day decision deadline. The deadline for decision
may be tolled or waived only upon the applicant's written consent;
and, once given, such consent may be withdrawn by the applicant at
any time upon written notice to the Planning Board Attorney, provided
that any such withdrawal, if given less than 35 days' prior to
the decision deadline, must grant an extension of the decision deadline
as necessary to allow the Planning Board to schedule the hearing for
the next regular Planning Board meeting, with adequate time for the
applicant to mail and publish notice as required by the New Jersey
Municipal Land Use Law.
H. Deemed approved. Failure to decide the application within the decision
deadline or any extension thereof will constitute an automatic approval
of the application as filed.
I. Form of decision. The Planning Board must memorialize the decision
by written resolution as required by, and within the time period specified
by, N.J.S.A. 40:55D-10g.
New telecommunications facilities and towers shall comply with
the following:
A. Reviewing authority. The Borough Planning Board is the reviewing
authority for all applications for the construction or installation
of wireless telecommunications facilities, as defined herein, that
are not eligible facilities requests, and which do not involve an
eligible support structure, including any request for modification
of an unlawfully existing wireless telecommunications tower or unlawfully
existing base station or the wireless telecommunications facilities
located thereon, or any request for installation of a wireless telecommunications
facility at a proposed base station, as defined herein, or the installation
of a new wireless telecommunications facility at a previously unutilized
location. For purposes of this section, such applications will be
referred to generally as "wireless telecommunications facility siting
applications."
B. Fees and review escrow deposits. Applicants for wireless telecommunications
facility siting applications must pay fees and review escrow deposits
applicable for site plan review or waiver and all requested variances
(and subdivision, if applicable), as well as the fee and initial review
escrow deposit specified for a wireless telecommunications facility
siting application. All fees and review escrow deposits must be paid
to the Planning Board Secretary when the application is filed.
C. Application. A wireless telecommunications facility siting application
must include all completed application forms for site plan review
or waiver and all requested variances (and subdivision, if applicable).
D. Filing. Wireless telecommunications facility siting applications
must be filed with the Planning Board according to the Planning Board's
requirements for all development applications involving site plan
review or waiver and variances (and subdivision, if applicable).
E. Siting and development standards. When reviewing a wireless telecommunications facility siting application, the Planning Board shall consider whether said application is in compliance with §§
492-9,
492-10 and
492-11 herein, and shall make reasonable compliance with same a condition of approval when compliance is not otherwise substantiated via the submitted application documents.
F. Completeness review and deadline. Completeness review of applications
for wireless telecommunications facilities siting will be conducted
by the Planning Board Attorney in consultation with the Planning Board
Engineer, the Planning Board Planner, and the Planning Board Secretary.
The deadline for completeness review, which is based on federal laws
and regulations rather than the New Jersey Municipal Land Use Law, is 30 days. If the Planning Board Attorney notifies the
applicant of completeness deficiencies, in writing, within the thirty-day
period, the deadline is tolled, but not reset. Subsequent incompleteness
determinations must be issued, in writing, within 10 days following
any subsequent submission. Unless certified complete or incomplete
by the Planning Board Attorney within the thirty-day period from filing
(or within the ten-day period from a subsequent submission), the application
will be deemed complete upon expiration of the thirty-day period from
filing (or upon expiration of the ten-day period from subsequent submission).
The completeness deadline may be tolled or waived only upon the applicant's
written consent; and, once given, such consent may be withdrawn at
any time by the applicant upon written notice to the Planning Board
Attorney.
G. Scheduling of hearing. Immediately following a certification or deeming
of completeness of a wireless telecommunications facility siting application,
the Planning Board Attorney must confer with the applicant's
attorney or other authorized representative and the Planning Board
Secretary to schedule the application hearing for a mutually acceptable
hearing date, provided that the hearing date must be no later than
150 days following the application's initial filing date, or
no later than 120 days following a certification or deeming of completeness
pursuant to N.J.S.A. 40:55D-10.3, whichever is earlier. Notice of
the hearing must be mailed and published by the applicant as required
by the New Jersey Municipal Land Use Law.
H. Deadline for decision. The Planning Board must render its decision
on a wireless telecommunications facility siting application no later
than 150 days following the application's initial filing date,
or no later than 120 days following a certification or deeming of
completeness pursuant to N.J.S.A. 40:55D-10.3, whichever is earlier.
If the Planning Board believes that the applicant has provided insufficient
information for approval of the application, and if the applicant
will not provide the additional information and/or extend the 150-
or 120-day decision deadline as necessary for the Planning Board to
continue its review, the Planning Board must deny the application
within the 150- or 120-day decision deadline. The deadline for decision
may be tolled or waived only upon the applicant's written consent;
and, once given, such consent may be withdrawn by the applicant at
any time upon written notice to the Planning Board Attorney, provided
that any such withdrawal, if given less than 35 days' prior to
the decision deadline, must grant an extension of the decision deadline
as necessary to allow the Planning Board to schedule the hearing for
the next regular Planning Board meeting, with adequate time for the
applicant to mail and publish notice as required by the New Jersey
Municipal Land Use Law. Failure to decide the application within the
decision deadline or any extension thereof will constitute an automatic
approval of the application as filed.
I. Form of decision. The Planning Board must memorialize the decision
by written resolution as required by, and within the time period specified
by, N.J.S.A. 40:55D-10g.
The term "eligible facilities request" shall have the following
definition:
A. A request for a modification, as set forth in this §
492-8, of a lawfully existing wireless telecommunications tower or lawfully existing base station that does not substantially change the physical dimensions of such tower or base station as set forth in Subsection
D herein, if approved by the Borough Zoning Officer pursuant to the procedures set forth in §
492-7 herein.
B. Any eligible facilities request for modification of an unlawfully existing wireless telecommunications tower or an unlawfully existing base station, or for modification of a lawfully existing wireless telecommunications tower or lawfully existing base station that does substantially change the physical dimensions of such tower or base station as set forth in this §
492-8 herein, is prohibited. See §§
492-5 and
492-6 herein for procedures applicable to variance applications for wireless telecommunications facilities.
C. An "eligible facilities request" is any request that does not involve
a substantial change to an eligible support structure and involves
the following:
(1) Co-location of new wireless transmission equipment;
(2) Removal of wireless transmission equipment; or
(3) Replacement of wireless transmission equipment.
D. A "substantial change" to the physical dimensions of an existing
tower or base station is any change meeting the following criteria
as measured against the dimensions of the tower or base station as
of the date of its initial construction or as of February 21, 2012,
whichever is later:
(1) Increase in height. An increase in the height of an existing tower
or an existing base station constitutes a substantial change for towers
and base stations if the increase in height is more than 10% or by
the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet, whichever is greater,
with the twenty-foot separation between the proposed antenna array
and nearest existing antenna to mean the distance from the top of
the highest existing antenna on the tower to the bottom of the proposed
new antenna to be deployed above it; and
(2) Increase in width. An increase in the width of an existing tower
or an existing base station constitutes a substantial change if the
increase would extend or protrude from the edge of the tower more
than 20 feet, or more than the width of the tower as measured at the
level of the increase, whichever is greater; and
(3) Increase in equipment cabinets. The addition of equipment cabinets
constitutes a substantial change if it involves one or more of the
following:
(a)
Installation of ground cabinets that are more than 10% larger
than existing cabinets at the facility.
(b)
Installation of more than the standard number of new equipment
cabinets for the technology involved, or more than four cabinets,
whichever is less.
(c)
Each separate application request constitutes a separate determination
of the number of cabinets and the expansion of size beyond the existing
facility, and is not factored as part of a cumulative total which
applies to all applications for development.
(4) Excavation or deployment outside of current site. Excavation or deployment
of equipment outside the current site of an existing tower or existing
base station constitutes a substantial change when required for a
proposed co-location if such excavation or deployment of equipment
increases the square footage of the equipment compound to an area
greater than 2,500 square feet, with "site" referring to, for towers,
the leased or owned property surrounding the tower and any access
or utility easements which serve the site, and to other supporting
structures as the area in proximity to the structure and to equipment
already deployed on the ground, except that modification of an existing
site that entails ground excavation or deployment of transmission
equipment up to 30 feet in any direction outside a tower's site
constitutes an eligible facilities request that is not a substantial
change. With "site" referring to the current boundaries of a facility
that existed as of the date of the original support structure or a
modification to that structure that was last reviewed and approved
by the Borough, if the approval or modification occurred prior to
the Spectrum Act or outside of the Section 6409(a) process.
(5) Defeat of existing concealment elements. If the existing concealment
elements of an existing tower or existing base station would be defeated
by a proposed co-location, as determined by a reasonable person viewing
the structure, and its intended concealment design as no longer effective
after the co-location, the proposed co-location constitutes a substantial
change.
(6) Failure to comply with prior conditions. A substantial change occurs
if the proposed co-location fails to comply with conditions associated
with the prior approval of the existing tower or existing base station,
unless such noncompliance is due to an increase in height, an increase
in width, an addition of cabinets, or a new excavation or deployment
of equipment that does not exceed the corresponding "substantial change"
thresholds set forth above.
If required for the provision of wireless communications service
within the Borough, new wireless telecommunications facilities shall
be permitted as a conditional use requiring site plan approval at
the following prioritized locations:
A. The first priority location shall be lands or structures owned by
the Borough;
B. The second priority location shall be on lands or structures owned
by the Borough School District;
C. The third priority location shall be co-location on existing wireless
telecommunications facility towers (or existing water tanks), provided
that the new installation does not increase the height by more than
10%; and
D. The fourth priority location shall be such locations as the applicant
proves are essential to provide required service to Borough residents.
E. Commercial, business and industrial districts shall be prioritized
over residential and open space and historical or environmentally
sensitive districts.
F. No district shall outright prohibit wireless telecommunications facilities,
and in no district are same a permitted use requiring only ministerial
construction permits.
G. In the event of a conflict between district zoning regulations and
the regulations of this chapter, the regulations of this chapter shall
control.
To the extent possible while remaining compliant with federal
laws and regulations, applications to install wireless telecommunications
facilities or modify same shall comply with the following development
standards:
A. Height standards. Where permitted, wireless telecommunications facilities
may exceed the maximum building height limitations, provided the height
has the least visual impact and is not greater than required to achieve
service area requirements and potential co-location, when visually
appropriate. Wireless telecommunications facilities equipment compounds,
shelters and platforms are limited to 12 feet in height.
B. Setback standards. All wireless telecommunications facilities shall
be subject to the minimum yard requirements of the zoning district
in which they are located, provided the minimum setback may be increased
where necessary to address safety concerns. If wireless telecommunications
facilities are located on the roof of a building, the area of the
equipment cabinets, shelters and other equipment and structures shall
not occupy more than 25% of the roof area. The location on the roof
for same shall be determined on a case-by-case basis.
C. Visual impact. All wireless telecommunications facilities shall be
located to minimize visual impacts on the surrounding area. When considering
visual impact of roughly equal degree in comparative locations, locations
in a higher priority category shall be deemed more acceptable than
lower priority sites.
D. Applicants must demonstrate that the proposed wireless telecommunications
facility location provides the least visual impact on residential
areas and the public way. All potential visual impacts must be analyzed
to illustrate the selected site provides the best opportunity to minimize
the visual impact of the proposed facility.
E. Wireless telecommunications facilities should be located to avoid
being visually solitary or prominent when viewed from residential
areas and the public way. The facility should be obscured by vegetation,
tree cover, topographic features and/or other structures to the maximum
extent feasible.
F. Wireless telecommunications facilities shall be placed to ensure
that historically significant viewscapes, streetscapes and landscapes
are protected. The views of and vistas from architecturally and/or
significant structures should not be impaired or diminished by the
placement of telecommunications facilities.
The following design standards shall apply to wireless telecommunications
facilities installed, altered or modified pursuant to the terms of
this chapter, with provisions clearly intended to apply only to towers
and ground level facilities, as opposed to rooftops or other types
of installations, governing only those facilities:
A. Fencing and other safety devices. Wireless telecommunications facilities
shall be surrounded by a security feature such as a fence. All towers
shall be designed with anticlimbing devices in order to prevent unauthorized
access. Additional safety devices shall be permitted or required,
as needed, and as approved by the Borough.
B. Landscaping. Landscaping shall be provided along the perimeter of
the security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All facilities shall be screened
by an evergreen hedge eight feet to 10 feet in height at planting
time and/or a solid fence eight feet in height.
C. Signs. Signs shall not be permitted except for signs displaying owner
contact information, warnings, equipment information and safety instructions.
Such signs shall not exceed two square feet in area. No commercial
advertising shall be permitted on any wireless telecommunications
facility.
D. Color. The color of a facility shall be of a color appropriate to
the tower's locational context and to make it as unobtrusive
as possible, unless otherwise required by the Federal Aviation Administration
(FAA).
E. Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for on-site
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the Borough.
F. Dish antennas. Dish antennas shall be colored, camouflaged or screened
to make them as unobtrusive as possible, and in no case shall the
diameter of a dish antenna exceed six feet.
G. Lighting. No lighting is permitted except as follows:
(1) Wireless telecommunications facilities compounds and shelters enclosing
electronic equipment may have security and safety lighting at the
entrance, provided that the light is attached to the facility, is
focused downward and is on timing devices and/or sensors so that the
light is turned off when not needed for safety or security purposes;
and
(2) No lighting is permitted on a tower or other supporting structure
except lighting that specifically is required by the Federal Aviation
Administration (FAA), and any such required lighting shall be focused
and shielded to the greatest extent possible so as not to project
towards adjacent and nearby properties.
H. Monopole. Any proposed new telecommunications tower shall be a monopole
unless the applicant can demonstrate that a different type of pole
is necessary for the co-location of additional antennas on the tower.
Such towers may employ camouflage technology.
I. Noise. No equipment shall be operated so as to produce noise in excess
of the limits set by the local ordinances pertaining to noise levels,
nuisances and property maintenance, except for in emergency situations
requiring the use of a backup generator.
J. Radio frequency emissions. The TCA gives the FCC sole jurisdiction
of the field of regulation of radio frequency (RF) emission, and wireless
telecommunications facilities which meet the FCC standards shall not
be conditioned or denied on the basis of RF impacts. Applicants shall
provide current FCC information concerning wireless communications
facilities and radio frequency emission standards. Applicants shall
be required to provide information on the projected power density
of the proposed facility and demonstrate how this meets the FCC standards.
K. Structural integrity. Wireless telecommunications facilities must
be constructed to the Electronic Industries Association/Telecommunications
Industries Association (EIA/TIA) 222 Revision H Standard, entitled
"Structural Standards for Steel Antenna Towers and Antenna Supporting
Structures" (or equivalent), as it may be updated or amended.
Facilities shall be maintained to assure their continued structural
integrity and to ensure they do not create a visual nuisance. This
may include, but is not limited to, trimming required hedges and other
vegetation surrounding a facility, as well as a routine visual inspection
to ensure the tower or supporting structure has not fallen into any
state of disrepair so as to create an unsightly or hazardous condition.
This maintenance provision applies especially after a natural disaster,
flood, nor'easter, hurricane or other weather event which may
negatively impact the facility.
This chapter is intended to govern the installation, placement, maintenance, modification, upgrade and repair of wireless telecommunications facilities that are within the Borough but not located in the Borough right-of-way. The placement of telecommunications equipment within the public right-of-way shall be governed by Chapter
393, Small Cell Wireless Facilities, as well as by other applicable codes and ordinances of the Borough.
Any wireless telecommunications facility that is not operated
for a continuous period of 12 months shall be considered abandoned.
If there are two or more users of a single facility, then the abandonment
shall not become effective until all users cease using the facility
for a continuous period of 12 months. The owner of such facility shall
remove same within 90 days of notice from the Zoning Officer that
the facility is abandoned. If such facility is not removed within
said 90 days, the municipality may remove such facility at the property
owner's expense. If the facility is to be retained, the owner
shall establish that the facility will be reused within one year of
such discontinuance. If a facility is not reused within one year,
a demolition permit shall be obtained and the facility removed. At
the discretion of the Zoning Officer, upon good cause shown, the one-year
reuse period may be extended for a period not to exceed one additional
year.
The Mayor and Council, or its designee, may waive any provision
or standard set forth in this chapter where it is demonstrated that
the strict enforcement of said standard:
A. Will prohibit or have the effect of prohibiting any telecommunications
service pursuant to 47 U.S.C. § 253(a); or
B. Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
C. Will violate the provisions of Section 6409(a) of the 2012 Middle
Class Tax Relief and Job Creation Act, also known as the Spectrum
Act; or
D. Will violate any requirement set forth in the FCC Order entitled
"Acceleration of Broadband Deployment by Improving Wireless Facilities
Siting Policies," WT Docket No. 13-238 (October 17, 2014); or
E. Will violate any requirement set forth in the FCC Order entitled
"IMO Implementation of State and Local Governments' Obligations
to Approve Certain Wireless Facility Modification Requests Under Section
6409(a) of the Spectrum Act of 2012," WT Docket No. 19-250 (June 10,
2020); or
F. Will violate any requirement set forth in the FCC Order entitled
"IMO Implementation of State and Local Governments' Obligations
to Approve Certain Wireless Facility Modification Requests Under Section
6409(a) of the Spectrum Act of 2012," WT Docket No. 19-250 (November
3, 2020); or
G. Will violate the provisions of the New Jersey State Collocation Act,
set forth in N.J.S.A. 40:55D-46.2; or
H. Will prohibit, or have the effect of prohibiting, the ability of
an entity to provide wireless service to any prospective customer
within the Borough.
The application fees shall be as follows:
A. Eligible facilities request with no substantial change: $30.
B. Modification to an eligible support structure that involves a substantial change: shall be in accordance with the fee and escrow schedules required in Chapter
300 for minor site plan review and conditional use approval before the Zoning Board. Any such development review by the Planning Board or Zoning Board shall also be accompanied by a compliance review by a Borough consultant. In addition to the escrow required for professionals by such fee and escrow schedules, the applicant shall deposit in escrow with the Borough an amount for a Borough consultant required by the Borough based on an estimate provided by said consultant which shall be based on the amount of time necessary to review an application commensurate with its complexity and unique characteristics.
C. New wireless telecommunications facilities: shall be in accordance with the fee and escrow schedules required in Chapter
300 for major site plan review. In addition to the escrow required for professionals by such fee and escrow schedules, the applicant shall deposit in escrow with the Borough an amount for a Borough consultant required by the Board based on an estimate provided by said consultant which shall be based on the amount of time necessary to review an application commensurate with its complexity and unique characteristics.
D. The telecommunications consultant shall review the application to
ensure compliance with the following:
(1) The provisions of this chapter;
(2) The provisions of a determination to the Zoning Officer of whether
an application constitutes an eligible facilities request;
(3) Applicable land use regulations of the Borough; and
(4) Applicable state and federal laws and regulations.
Violation of any of the provisions of this chapter shall be
a simple citation punishable with a civil penalty of $500 for each
violation which continues more than 10 days after written notice of
such violation is provided to the applicant. Each day after such notice
that a violation occurs or is permitted to exist by the applicant
constitutes a separate offense.