The purpose of this chapter for the siting of wireless communications
facilities is 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
in consideration of the public health, welfare, and safety.
c.
Consistent
with federal and state law, minimize the total number of wireless
communications facilities in the Borough.
d.
Strongly
encourage the collocation and joint use of existing and approved wireless
communications facilities as a primary option rather than construction
of new tower-based wireless communications facilities.
e.
Encourage
applicants to locate wireless communications facilities, to the extent
practicable and possible, in areas where the adverse impact to the
community is minimal.
f.
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.
g.
Enhance
the ability of the providers of telecommunications services to provide
such services to the community quickly, effectively, and efficiently.
h.
Avoid potential
damage to adjacent properties and the public health, welfare, and
safety through proper engineering and careful siting of wireless communications
facilities.
i.
Comply with
applicable federal and state law on the siting and regulation of wireless
communications facilities, while ensuring that proper zoning regulations
are implemented to ensure that the public health, welfare, and safety
is protected and to minimize the adverse visual, structural health,
and safety impacts of such facilities.
j.
In furtherance
of the foregoing goals, the Borough shall give due consideration to
the Borough 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.
a.
All wireless
communications facilities shall be subject to these regulations, the
applicable building regulations, and the Borough Code, except as otherwise
provided or grandfathered herein.
b.
Amateur
Radio; 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. Preexisting 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.
Government
Agencies. Communication towers and/or antenna owned, operated, leased,
or used by the Borough shall be exempt from the requirements of this
chapter.
e.
Satellite
Dish Antenna. This chapter shall not govern any parabolic satellite
antennas.
The following words, phrases and terms as used in this chapter
are hereby defined for the purpose thereof as follows.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc), or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below.
A structure or equipment at a fixed location that enables
FCC-licensed or authorized wireless communications between user equipment
and a communications network. The term does not encompass a tower
as defined herein or any equipment associated with a tower. Base Station
includes, without limitation, the following.
Equipment associated with wireless communications services such
as private, broadcast, and public safety services, as well as unlicensed
wireless services and fixed wireless services such as a backhaul network.
Radio transceivers, antennas, coaxial or fiber-optic cable,
regular and backup power supplies, and comparable equipment, regardless
of technological configuration (including DAS and small-cell networks).
Any structure other than a tower that, at the time the relevant application is filed under this section, supports or houses equipment described in Subsections a and b which has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
The lines that connect a wireless provider’s or facility
developer’s towers and cell sites to one or more cellular telephone
switching offices and/or long-distance providers or the public switched
telephone network.
The act of siting wireless communications facility on an
existing structure without the need to construct a new wireless communications
support structure and without a substantial increase in the size of
an existing structure. The mounting of one or more wireless communications
facilities, including antennae, on an existing tower-based wireless
communications facility and/or wireless support structure for the
purpose of transmitting and/or receiving radio and digital frequency
signals for communications purposes. To be confirmed as collocation,
an applicant must demonstrate that it qualifies as collocation in
accordance with federal and state law, including, but not limited
to, N.J.S.A. 40:55D-46.2. The siting of small wireless facilities
and DAS on existing utility poles in the ROW shall be considered collocation.
The need for additional capacity because of inadequate present
capacity or service, dead spots, and inability to place a call.
Small areas within a service area where the field of strength
is lower than the minimum level for reliable service or inadequate
capacity exists as determined by expert testimony in accordance with
industry standards.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure. DAS antenna elevations are generally at or below
the clutter level and node installations are compact.
The Federal Communications Commission.
A wireless communications facility or site which consists
of a single pole structure, designed and erected on the ground or
on top of a structure to support communications antennae and connecting
appurtenances.
All non-tower wireless communications facilities, including,
but not limited to, antennae and related equipment.
Any tower, antenna, and/or other wireless communications
support structure that has a construction permit or land use approval
prior to the effective date of this section and including, but not
limited to, any tower, antenna, and/or wireless communications support
structure on property owned, leased, or otherwise controlled by the
Borough.
Persons, corporations, or governments supplying gas, electric,
transportation, water, sewer, or landline telephone service to the
general public. The term “public utility,” however, shall
not mean, for purposes of this Chapter, wireless communications providers
and wireless facility developers.
The surface of and space above and below any real property
in the Borough in which the Borough, County of Ocean, and/or State
of New Jersey has a regulatory interest, or interest as a trustee
for the public, as such interests now or hereafter exist, including,
but not limited to, all streets, highways, avenues, roads, alleys,
sidewalks, tunnels, viaducts, bridges, skyways, or any other public
place, area, or property under the control of the Borough, County
of Ocean, and/or State of New Jersey, and any unrestricted public
or utility easements established, dedicated, platted, improved, or
devoted for utility purposes, but excluding lands relating to other
than streets that are owned by the Borough, County of Ocean, and/or
State of New Jersey. The phrase “in the right(s)-of-way”
means in, on, over, along, above, and/or under the right(s)-of-way.
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite,
or similar electronic signals.
A wireless facility mounted on structures 40 feet or less
in height and meets both of the following qualifications: (i) each
antenna associated with the deployment, excluding associated antenna
equipment, is no more than three cubic feet in volume; and (ii) all
other wireless equipment associated with the small wireless facility,
whether ground- or pole-mounted, is cumulatively no more than 28 cubic
feet in volume. Small wireless facilities include DAS.
A pole substantially similar to a utility pole and subject
to the same laws and regulations governing utility poles which provides
for the siting of small wireless facilities in the ROW.
Camouflaging methods applied to wireless communications towers,
antennae, and other related facilities which render them more visually
appealing, or blend the proposed facilities into the existing structure
or visual backdrop in such a manner as to render them minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennae, building-mounted
antennae paint to match the existing structure, and facilities constructed
to resemble trees, shrubs, flag poles, utility poles, and light poles.
A modification substantially changes the physical dimension
of a wireless communications support structure and/or base station
if it meets any of the following criteria.
INCREASE IN HEIGHT.
An increase in the height of a wireless communications support
structure constitutes a substantial change (a) for structures outside
public rights-of-way, if the proposed increase in height is more than
20 feet or 10%, whichever is greater. All wireless communications
support structures in the ROW, including small wireless facility poles
and utility poles, shall be limited to a maximum of 40 feet in height.
Any change to the increase in height for any wireless communications
support structures in the ROW that increase the height to a total
less than the maximum of 40 feet shall not constitute a substantial
change.
INCREASE IN WIDTH.
An increase in the width of a tower constitutes a substantial
change for towers outside public rights-of-way, if the increase protrudes
from the edge of the tower more than 20 feet or more than the width
of the tower structure at the level of the new appurtenance. All changes
to the width of small wireless facilities that comply with the applicable
regulations shall be deemed non-substantial.
INCREASE IN EQUIPMENT CABINETS.
The addition of equipment cabinets constitutes a substantial
change if it involves installation of more than the standard number
of new equipment cabinets for the technology involved, or more than
four cabinets, whichever is less.
EXCAVATION OR DEPLOYMENT OUTSIDE CURRENT SITE.
Excavation or deployment of equipment outside the current
site of the tower or base station constitutes a substantial change
when required for a proposed collocation.
DEFEAT OF EXISTING CONCEALMENT ELEMENTS.
If existing concealment elements of the tower or base station
would be defeated by the proposed collocation, the proposed collocation
constitutes a substantial change. For example, if the proposed collocation
would result in an extension of a camouflaged tree tower which would
result in the tower no longer looking like a tree, the proposed collocation
would constitute a substantial change of the tree tower.
FAILURE TO COMPLY WITH PRIOR CONDITIONS.
A substantial change occurs if the proposed collocation fails
to comply with conditions associated with the prior approval of the
tower or base station, unless such non-compliance is due to an increase
in height, increase in width, addition of cabinets, or new excavation
that does not exceed the corresponding "substantial change" thresholds
described above.
The collocation of small wireless facilities on existing utility
poles in the ROW and the replacement of existing, approved utility
poles pursuant to the applicable law in the ROW shall not be considered
a substantial change.
No changes that exceed the scope of the applicable regulations
shall be permitted, whether substantial or non-substantial.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio, and similar wireless telecommunication purposes, including
self-supporting lattice towers or monopole towers. The term shall
also include radio and television transmission towers, microwave towers,
common-carrier towers, cellular telephone towers, alternative tower
structures, monopoles, and the like. The term includes the structure
of the tower along with any support thereto.
Any structure that is used for the purpose of supporting
one or more antennae, including, but not limited to, self-supporting
lattice towers, guy towers, and monopoles. DAS hub facilities are
considered to be tower-based wireless communications facilities.
Any telephone pole, public utility pole, electric pole, or
any other pole providing for the maintenance of wires for the distribution
of electricity, telephone signals, telegraph signals, and/or television
signals.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
Any personal wireless services as defined in the Telecommunications
Act of 1996 (“TCA”), which includes FCC licensed commercial
wireless telecommunications services, including, but not limited to,
all FCC-licensed blackhaul network and other wireless services, broadcast,
cellular, personal communication services, specialized mobile radio,
enhanced specialized mobile radio, paging, and similar services that
exist or that may be developed in the future.
The set of equipment and network components used in the provision
of wireless communications services, including, but not limited to,
antennas, transmitters, receivers, base stations, equipment shelters,
cabinets, emergency generators, power supply cabling, and coaxial
and fiber optic cable, but excluding wireless communications support
structures.
The antennae, nodes, DAS, control boxes, towers, poles, conduits,
ducts, pedestals, electronics, base station, small wireless facility,
tower, wireless communications support structure, and other equipment
used for the purposes of transmitting, receiving, distributing, providing,
or accommodating wireless communications services.
A structure that is designed to support, or is capable of
supporting, wireless communications facilities and equipment, including,
but not limited to, a tower, water tower, or utility pole.
a.
Wireless
communications facilities are a permitted use in the General Business,
Limited Commercial and Marine Commercial Districts. 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 and
only one such wireless communications facility shall be permitted
on each utility pole and small wireless facility pole. 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.
b.
No wireless
communications facilities are permitted inside or on any buildings
or accessory buildings in the Borough. Except for the collocation
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 in this
chapter, no non-tower based wireless communications facilities shall
be permitted in the Borough.
c.
With the
exception of Borough-owned and/or constructed lattice towers or guy-lattice
towers, no lattice towers or guy-lattice towers shall be permitted
in the Borough.
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 in this chapter,
no new wireless communications support structures, such as towers
or monopoles, shall be permitted in the ROW. Only collocation of small
wireless facilities, non-substantial changes to existing wireless
support structures, utility poles, and small wireless facility poles
shall be permitted in the ROW.
e.
Wireless
communications facilities located on property owned, leased, or otherwise
controlled by the Borough shall be a permitted use in all Zoning Districts,
provided that a license or lease authorizing such facilities has been
approved by the Borough, and, as a condition of any such license or
lease, the Borough may require site plan approval or may exempt the
applicant from approval. The decision to extend such license or lease
to an applicant shall be vested solely with the Borough, and shall
not be governed by this chapter. The Borough, in its absolute and
sole discretion, reserves the express right to deny all use of its
property for wireless communications facilities. Nothing in this section
shall be construed as requiring any applicant to locate on property
owned, leased, or otherwise controlled by the Borough. Preexisting
wireless communications facilities are exempt from the application
of this subsection.
f.
No advertising
signs shall be permitted on any wireless communications facilities,
wireless communications support structures, wireless communications
equipment, or base stations.
g.
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.
a.
The Borough
Engineer shall maintain an inventory of existing wireless communications
facility locations within or near the Borough.
b.
It is the
Borough’s policy that the first priority locations for wireless
communications facilities within the Borough shall be Borough-owned
towers, and then non-Borough owned existing towers and wireless support
structures, and all applicants for new wireless communications facilities
shall make all reasonable and good faith efforts to collocate the
proposed wireless communications facilities and/or secure the location
of such facilities on Borough-owned facilities first, non-Borough
owned existing towers and wireless support structures second, the
collocation of small wireless facilities on existing utility poles
third, and the construction of small wireless facility poles fourth.
c.
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 collocation on existing utility poles and construction of new
small wireless facility poles shall be first in non-residential zones,
second on Long Beach Boulevard in all zones, and third on local residential
streets.
d.
An applicant
proposing any wireless communications facility at a new location shall
demonstrate and document that it made its best business efforts to
find a collocation site and that none was available, practicable,
economically feasible, and was not a viable option.
a.
Outside
the ROW. Application fees, costs, and escrows relating to wireless
communications facilities outside the ROW, non-collocation, and substantial
changes.
1.
Permit
and Escrow Fees. The Borough may assess appropriate and reasonable
application and permit fees directly related to the actual costs in
reviewing and processing the application for approval of wireless
communication facilities, as well as 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.
2.
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, once approved, in reviewing and evaluating any potential
violations of the terms and conditions of this chapter and the Borough
Code. The applicant and/or owner of the wireless communication facility
shall reimburse the Borough and the Land Use Board for all costs of
the consultants, engineers, attorneys, and/or experts in providing
expert evaluation and consultation in connection with these activities.
b.
Inside the
ROW. Application fees and costs relating to wireless communications
facilities inside the ROW, collocation, and non-substantial changes.
1.
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.
2.
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.
a.
Except as
otherwise provided in this section, 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 of New Jersey, if a licensing requirement for
that professional exists in New Jersey.
4.
An applicant
for site plan approval or a variance shall submit the information
required, a nonrefundable application fee, and an escrow deposit as
established by resolution. The application fee and escrows shall be
paid as required herein.
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 to this section and 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
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 this or other Borough ordinances, or as
required by the Borough or Board Engineer, to enable comprehensive
review of the application.
4.
Survey
of the property, including a Letter of Interpretation from the New
Jersey Department of Environmental Protection, signed and sealed by
a land surveyor licensed in the State of New Jersey, 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.
6.
The separation
distance from other wireless communications facilities described in
the inventory of existing sites submitted pursuant to this subsection
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 of this section,
including, but not limited to, the architecture, stealth technology
requirements, aesthetics, color, camouflage, landscaping, and fencing.
10.
A written
report of the suitability or non-suitability 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 Building Officials and Code Administrators (“BOCA”)
International Code, 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 collocation of additional
antenna for future users. If so, a letter of commitment by the applicant
to lease excess space on wireless communications facility to other
potential users at prevailing market rates and conditions. The letter
of commitment shall be recorded prior to issuance of a building permit.
The letter shall commit the tower owner and successors in interest.
18.
Elevations
of all existing and proposed structures generally depicting all existing
and proposed antennas, towers, platforms, finish materials, as well
as all other accessory equipment.
19.
Inventory
of Existing Sites. Each applicant shall provide to the Land Use Board
an inventory of its existing wireless communications facilities or
sites approved for towers or antennas that are either within the jurisdiction
of the Borough or within three miles of the proposed site, whichever
is more extensive, 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 cellular sites owned
or operated by the applicant in the municipality.
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 tower-based
wireless communications facility, and anchors, if used.
25.
Documentation
of compliance with all of the regulations set forth in with Borough
ordinances.
Tower-based applications shall be reviewed by the Land Use Board
pursuant to the following:
a.
Timeframe
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 timeframe 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
Code provision, ordinance, application instruction, or publicly stated
procedure requiring the information to be submitted. The 150-day timeframe
shall begin again upon receipt of the supplemental submission.
c.
Subsequent
Incomplete Applications. The Land Use Board may thereafter toll the
150-day timeframe 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.
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 collocation of non-small wireless facilities, substantial
changes to small wireless facilities, and non-substantial changes
to non-small wireless facilities shall not be subject to site plan
review, provided the application meets the following requirements.
1.
If collocation
to or non-substantial 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 collocation.
4.
The proposed
collocation 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 ordinances.
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 collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and
non-substantial changes to non-small wireless facilities.
c.
All applications
shall be submitted to the Municipal Clerk on the proscribed 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 collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and
non-substantial 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, collocate,
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 structure(s) 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 collocation, 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 suitability or non-suitability 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 collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and
non-substantial 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 antennae
it is designed to accommodate.
15.
A statement
by the applicant demonstrating whether construction of the wireless
communications facility will accommodate collocation of additional
antenna for future users. The statement shall commit the wireless
communications support structure owner and successors in interest.
16.
Elevations
of all proposed wireless communications facilities generally depicting
all existing and proposed antennae, wireless communications support
structures, platforms, 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 antennae within
the jurisdiction of the Borough.
18.
Documentation
of compliance with all of the applicable requirements of the Borough
Code.
a.
Initial
Review. The Board of Commissioners shall review the application and
advise the applicant within 30 days as to whether the Borough deems
that the application is subject to these or other regulations. If
compliance with other subsections are deemed to be required, the applicant
shall proceed in accordance with the applicable regulations.
b.
Timeframe
for Review. The Board of Commissioners 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 Board of Commissioners may toll the ninety-day timeframe
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
timeframe shall begin again upon receipt of the supplemental submission.
d.
Subsequent
Incomplete Applications. The Board of Commissioners may thereafter
toll the ninety-day timeframe 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 Board of Commissioners shall, within the ninety-day
timeframe, 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 collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and
non-substantial 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 Board of Commissioners determines
that an application fails to comply with this section, it shall notify
the applicant of same in writing. If applicable, the Board of Commissioners
shall advise the applicant to initiate the applicable process.
f.
Applications
on Improper Towers. Notwithstanding the foregoing, the Board of Commissioners
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 collocation of non-small wireless facilities, and non-substantial
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 Board of Commissioners 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 collocation of non-small wireless facilities, substantial
changes to small wireless facilities, and non-substantial 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 Board of Commissioners in writing that the review period
has expired. Upon the Board of Commissioners receipt of this notice
from the applicant, the application shall be deemed granted.
h.
Notwithstanding
any other regulation to the contrary, the Board of Commissioners may
relax any requirement, at its sole and absolute discretion for any
or no reason.
a.
An application for collocation and non-substantial changes to small wireless facilities shall not be subject to site plan review and shall not require compliance with § 23-9, provided the application meets the following requirements.
1.
If collocation
to or non-substantial 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 collocation.
3.
The proposed
collocation 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 collocation
and non-substantial changes to small wireless facilities.
c.
All applications
shall be submitted to the Municipal Clerk on the proscribed 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 collocate 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 collocation, 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 non-suitability 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, collocation and/or non-substantial 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 antennae it is designed to accommodate.
14.
A statement
by the applicant demonstrating whether construction of the wireless
communications facility will accommodate collocation of additional
antenna for future users. The statement shall commit the wireless
communications support structure owner and successors in interest.
15.
Elevations
of all proposed wireless communications facilities generally depicting
all existing and proposed antennae, wireless communications support
structures, platforms, 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 or antennae within
the jurisdiction of the Borough.
17.
Documentation
of compliance with all of the applicable requirements of the Borough
ordinances.
a.
Initial Review. The Board of Commissioners 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 collocation, whether the change proposed is non-substantial. The Board of Commissioners 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 § 23-9 are required. If site plan approval or compliance with § 23-9 are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.
b.
Timeframe
for Review. The Board of Commissioners 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 Board of Commissioners may toll the sixty-day timeframe
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
timeframe shall begin again upon receipt of the supplemental submission.
d.
Subsequent
Incomplete Applications. The Board of Commissioners may thereafter
toll the sixty-day timeframe 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 Board of Commissioners shall, within the sixty-day
timeframe, approve all complete applications for the collocation and
non-substantial changes to small wireless facilities and that do not
otherwise violate applicable health, safety, and other requirements
set forth in this section. If the Board of Commissioners determines
that an application fails to comply with this section, it shall notify
the applicant of same in writing. If applicable, the Board of Commissioners
shall advise the applicant to initiate the applicable process.
f.
Applications
on Improper Towers. Notwithstanding the foregoing, the Board of Commissioners
is not obligated to approve an application for small wireless facilities,
collocation, 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 Board of Commissioners does not approve or deny an
application for collocation and non-substantial changes to small wireless
facilities within 60 days of receipt of the application or any applicable
tolling periods thereafter, the applicant may notify the Board of
Commissioners in writing that the review period has expired. Upon
the Board of Commissioners receipt of this notice from the applicant,
the application shall be deemed granted.
h.
Notwithstanding
any other regulation to the contrary, the Board of Commissioners may
relax any requirement, at its sole and absolute discretion for any
or no reason.
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 the Borough.
b.
Collocation.
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 3-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 facilities 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 antennae and comparable antennae for future
users.
4.
Towers
shall either maintain a galvanized steel finish, 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 history 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.
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, 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 antennae,
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
Antennae. 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 collocate
antennae on the wireless communications facilities where technically
and economically feasible. The owner of a tower-based wireless communications
facility shall not install any additional antennae 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 non-appurtenant 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 applicant from the obligations set forth
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 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 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 contracts to the fullest
extent under the law.
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, collocation, and non-substantial 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 collocation
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 antennae
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 Board of Commissioners
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 non-residential
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.
4.
Where
the applicant has demonstrated that an existing utility pole can be
used, the antennae 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 Board of Commissioners, at its discretion,
new small wireless facility poles shall be fabricated using the same
materials as the existing, neighboring utility poles.
8.
Panel
antennae are not permitted unless the applicant provides evidence
that establishes a cylindrical antenna or antennae are not technically
feasible.
9.
Only one
omnidirectional (rod or cannister) antenna and four directional antennae
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) antennae shall be permitted on any utility pole or
small wireless facility pole.
(a)
1
remote radio head (RRH) or remote radio unit (RRU) shall be permitted
on each utility pole or small wireless facility pole. An RRH and 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 23-14e2 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.
h.
Pole-mounted
antennae and cabinets shall comply with the following:
1.
Pole-mounted
antennae are permitted on utility poles and small wireless facility
poles in all zones, provided that each:
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 site triangle and shall not inhibit site 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)
No
protrusion from the outer circumference of the pole shall be 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
antennae) 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.
Separation. Separation distance from wireless communications facilities and antennae. Except as otherwise provided in Subsection 23-14e2 for small wireless facilities, no wireless communication facility or antennae 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.
o.
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.
p.
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 Registers of Historic Places or the
official historic structures and/or historic districts list maintained
by the Borough, or has been designated by the Borough as being of
historic significance.
q.
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 site triangle or otherwise interfere with
site lines and/or the public health, welfare, and safety.
r.
Removal.
In the event that 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 collocation 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 is not
removed within three months of the cessation of operations at a site,
or within any longer period approved by the Borough, the wireless
communications facilities and/or associated equipment may be removed
by the Borough and the cost of removal assessed against the owner.
s.
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.
t.
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.
u.
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.
v.
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
applicant from the obligations set forth required indemnification
agreement included in the application.
w.
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 contracts to the fullest
extent under the law.
Nonconforming wireless communications facilities, antennas,
or wireless communications support structures that are damaged or
destroyed may not be rebuilt without having to first obtain the appropriate
approval from the appropriate approving authority and without having
to meet the requirements specified in this section.
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.
All wireless communications facilities shall comply with the
following annual re-certification 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) certify that 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 Borough 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 § 23-6 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 re-certification
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 re-certification affidavit
shall be subject to a fine of $100/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 re-certification has
been submitted and all fees and fines paid.
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.
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 Chapter 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 Chapter 3-9 of
the Borough Code.
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.
