As used in this article, the following terms
shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Includes but shall not be limited to man-made trees, clock
towers, bell steeples, light poles and similar alternative-design
mounting structures that camouflage or conceal the presence of antennas
or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiates
or captures electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
GOVERNING AUTHORITY
The Mayor and Council of the Township of Saddle Brook or
the Township of Saddle Brook.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna,
even if said highest point is an antenna.
PLANNING BOARD
The Township of Saddle Brook Planning Board, whose statutory
authority is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas, including but
not limited to self-supporting lattice towers, guy towers or monopole
towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like. The term includes the structure
and any support thereto.
Any antenna or tower that is not operated for
a continuous period of 12 months shall be considered abandoned, and
the owner of such antenna or tower shall remove same within 90 days
of receipt of notice from the Building Department notifying the owner
of such abandonment. If such antenna or tower is not removed within
said 90 days, the Township may order the removal of such antenna or
tower at the owner's expense and lien the property for the costs associated
therewith, inclusive of professional fees. If there are two or more
users of a single tower, then this provision shall not become effective
until all users cease using the tower.
The applicant shall pay any real estate taxes
or payments in lieu of taxes required or contributed to as a result
of a lease agreement between the applicant and the municipality. In
addition, the applicant shall reimburse the municipality for its reasonable
costs and expenses, including legal fees incurred by the municipality
in connection with the negotiation of any lease agreement. With respect
to antennas on municipal property, the applicant shall make lease
payments payable to the Township of Saddle Brook. The Township of
Saddle Brook may require a share of revenue from any entity subleasing
space on an antenna or tower on municipal property.
Upon formal application and prior approval by
the Planning Board, the applicant must present a site plan to the
Building Department of the municipality prepared by a certified architect/planner
as authorized by N.J.A.C. 13:414.3 at least 30 days prior to the activation
of the proposed antenna. All site plans are subject to approval of
the Building Department and Borough Engineer of the municipality.
Submitted drawings must depict the proposed antenna facilities, any
improvements to be installed on the premises and the actual location
of all equipment and improvements. Said drawings shall be accompanied
by a complete and detailed inventory of all equipment, personal property,
antenna facilities, variance requirements and a list of all property
owners residing within 200 feet of the site of the new facility.
The antenna facilities shall be installed on
the premises in a good and workmanlike manner. The municipality reserves
the right to require the applicant to paint the antenna facilities
in a manner consistent with the Property Maintenance Code of the municipality
and consistent with the color of the building or to otherwise shield
the antenna facilities from view.
A. The applicant shall, at his own expense, maintain
any equipment on or attached to the premises in a safe condition,
in good repair and in a manner suitable to the municipality so as
not to conflict with the use of or other leasing of the tower by the
municipality. The applicant shall not interfere with the use of the
tower, the owned premises, related facilities or other equipment of
other applicants.
B. The applicant shall have responsibility for the maintenance,
repair and security of his equipment, personal property, antenna facilities
and leasehold improvements and shall keep same in good repair and
condition during the lease term.
C. The applicant shall keep the premises free of debris
and anything of a dangerous, noxious or offensive nature or which
would create a hazard or undue vibration, heat, noise or interference.
D. In the event that the applicant undertakes painting,
construction or other alterations on the tower, the applicant shall
take reasonable measures, at the applicant's cost, to cover the applicant's
equipment, personal property or antenna facilities and protect such
from paint and debris fallout which may occur during the painting,
construction or alteration process.
The applicant may not assign the lease or sublet
the premises without the prior written consent of the municipality.
Any assignment or sublease shall require site plan review and will
require an application before the Planning Board.
The applicant's use and operation of its facilities
shall not interfere with the use and operation of other communication
facilities on the roof which preexisted the applicant's facilities.
If the applicant's facilities cause interference, the applicant shall
take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated in a reasonable
time, the applicant shall immediately cease operating its facility
until the interference has been eliminated. If the interference cannot
be eliminated within 30 days, the municipality may terminate the lease.
Should any interference be caused by the applicant's facilities, the
Planning Board may require the applicant to appear before the Board
for a rehearing, requiring the applicant to put on notice, once again,
all property owners within 200 feet of the subject property. The burden
shall be placed on the applicant to prove to the Board that no interference
is occurring as a result of the applicant's facilities.
Additional antennas from other providers may
be placed on the building; and if necessary, the applicant's antennas
may be relocated (at the new provider's expense) so as to accommodate
additional antennas.
The applicant's use of the premises is contingent
upon its obtaining all certificates, permits, zoning and other approvals
that may be required by any federal, state or local authority. Annual
permits shall be required at a cost of $1,000 annually. The applicant
shall erect, maintain and operate its antenna facilities in accordance
with site standards, statute, ordinances, rules and regulations now
in effect or that may be issued hereafter by the Federal Communications
Commission or any other governing bodies. Should any conflict arise
between local zoning ordinances and rules or regulations promulgated
by the FCC, the FCC rules and regulations shall govern.
The applicant shall, at its expense, comply
with all present and future federal, state and local laws, ordinances,
rules and regulations (including laws and ordinances relating to health,
radio frequency emissions, other radiation and safety) in connection
with the use, operation, maintenance, construction and/or installation
of the antenna facilities and/or premises. The municipality agrees
to reasonably cooperate with the applicant in obtaining, at the applicant's
expense (including the municipality's reasonable attorney and administrative
fees), any federal licenses and permits required for or substantially
required by the applicant's use of the premises.