Borough of Leonia, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Leonia 12-20-2004 by Ord. No. 22-04. Amendments noted where applicable.]
GENERAL REFERENCES
Land use procedures — See Ch. 37.
Building construction — See Ch. 95.
Property maintenance — See Ch. 212.
Site plan review — See Ch. 236.
Subdivision of land — See Ch. 250.
Zoning — See Ch. 290.
The purpose of this chapter is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this chapter are to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; encourage users of towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of the goals, the Planning Board/Zoning Board shall give due consideration to the Borough of Leonia's Master Plan, Zoning Map,[1] existing land uses, and environmentally sensitive areas in approving sites for location of towers and antennas.
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
As used in this chapter, the following terms have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE
Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES
The buildings, cabinets, vaults, closures, and equipment required for operation of telecommunication systems including but not limited to repeaters, equipment, housing and ventilation and other mechanical equipment, and interconnect in the cabling runs and their support structures.
ANTENNA
Exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital analogue signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication 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.
BUFFER AREA
The area surrounding telecommunications towers and ancillary facilities which lies between the tower and adjacent lot lines and/or land lines.
CARRIER
A company that provides wireless services.
COLLOCATION
When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna structure.
FAA
Federal Aviation Administration.
FALL ZONE
The area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
FCC
Federal Communications Commission.
FREESTANDING TOWER
Any tower not attached to a building but which is mounted from the ground and rises above or next to the buildings in the area.
FUNCTIONALLY EQUIVALENT SITES
Cellular, radio personal communications service (PCS), enhanced specialized mobile radio, specialized mobile radio, and paging, commercial and land mobile radio and additional emerging technologies.
GUYED TOWER
A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
HEIGHT
When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower even if said highest point is an antenna.
LATTICE TOWER
A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
MONOPOLE
The type of tower that is self-supporting with a single shaft of wood or steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOUNT
The structure or surface upon which antennas are mounted, including the following three types of mounts:
A. 
BUILDING MOUNTED—Mounted on the roof or side of the building.
B. 
GROUND MOUNTED—Antenna support (tower) mounted on the ground.
C. 
STRUCTURE MOUNTED—Mounted on or in a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY
A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
RADIO FREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering. especially the study of radio frequencies.
RADIO FREQUENCY RADITION (RFR)
For the purpose of this chapter shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003MHZ to 3,000MHZ.
STEALTH DESIGN
A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").
TELECOMMUNICATIONS FACILITY
A facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices, including transmission towers, antennas, and ancillary facilities. For purposes of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS or TRANSMISSION TOWER
The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this chapter, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers, common-carrier towers, cellular telephone towers, alternative tower structures and any support thereof.
WIRELESS COMMUNICATIONS
Any personal wireless services, as defined in the Federal Communications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services, including cellular, personal communications services (PCS), specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
A. 
Federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance within six months of the effective date of such standards and regulations unless a more stringent compliance schedule is mandated by the controlling federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. Any such removal shall be ordered by the Planning Board as all approval herein shall be unequivocally deemed conditional approvals subject to this provision.
B. 
Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that the tower is maintained in compliance with standards contained in the BOCA Building Code[1] and the applicable standards for towers that are published by Electronic Industries Associations, as amended from time to time. If, upon inspection, the governing authority concludes that a tower fails to comply with such standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 10 days to bring such tower into compliance with such standards. If the owner fails to bring such tower in compliance within said 10 days, the Mayor and Council, in conjunction with the Borough of Leonia's Construction Code Official, may order the removal of such tower at the owner's expense and lien the property for all costs incurred, including the professional fees expended.
[1]
Editor's Note: See Ch. 95, Building Construction.
Prior to the issuance of a building permit for the construction of wireless communications towers or for the installation of an antenna, the applicant for such permit shall file in the Office of the Construction Code Official, with a copy to be filed in the office of the Borough Engineer, a written report confirming that the structural integrity of the tower meets the applicable safety standards of the latest Building Official's and Code Administrator's International Incorporated (BOCA) design specifications as well as those of the Telecommunications Industry Association/Electric Industry Association (TIA/EIA).
A. 
The Planning Board has exclusive jurisdiction pursuant to the MLUL[1] and this chapter unless it is determined the Board of Adjustment has jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. (Use Variance), at which point the provisions of this chapter shall apply to the Board of Adjustment.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Each applicant for administrative approval shall apply to the Planning Board or Zoning Board of Adjustment, as indicated supra, providing the information set forth in subsections of this chapter and a nonrefundable fee is established by this chapter to reimburse the Borough of Leonia for costs of reviewing the application(s) submitted.
C. 
The Planning Board or Zoning Board of Adjustment, as indicated supra, shall review the applications for administrative approval and determine if the proposed use complies with this chapter.
D. 
The Planning Board or the Zoning Board of Adjustment, as indicated supra, shall respond to each application within the time parameter established pursuant to the MLUL after receiving an application deemed complete.
E. 
In connection with any such administrative approval, the Planning Board or the Zoning Board of Adjustment, as indicated supra, may, in order to encourage shared use, administratively waive any zoning district setback requirements or separation distances between towers by up to 50%.
F. 
In connection with administrative approval, the Planning Board or the Zoning Board of Adjustment, as indicated supra, may in order to encourage the use of monopoles, administratively allow the reconstruction of an existing tower to monopole construction.
G. 
If site plan approval is denied, the applicant may appeal said denial in accordance with the provisions of the MLUL.
The construction, erection, maintenance or outdoor storage of any antenna and structural support is prohibited except as specifically set forth herein.
All towers, antennas or other such equipment shall require site plan approval. In addition to the site plan submission requirements of the development regulations, the following information shall be submitted with site plan approval for all wireless communications facilities:
A. 
Comprehensive service plan. In order to provide evidence that any proposed location of wireless communications antenna (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of antennas and freestanding towers within the Borough of Leonia, at the time full service is provided by the applicant throughout the Borough, the applicant shall submit a comprehensive service plan. Said comprehensive service plan shall indicate how the applicant proposes to provide full service throughout the Borough, and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunication service within the Borough of Leonia. The comprehensive plan shall include the following:
(1) 
Whether the applicant's subscribers can receive adequate service from antennas located outside the borders of the Borough of Leonia. A vital gap in service must be clearly demonstrated.
(2) 
How the proposed location of antennas relates to the location of antennas or any existing towers within and/or near the Borough of Leonia.
(3) 
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within the Borough of Leonia by both the applicant and by other providers of telecommunication services within the Borough of Leonia.
(4) 
How the proposed location of the antennas relates to the objective of collocating the antennas of different service carriers on the same tower.
(5) 
How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Borough of Leonia while, at the same time, limiting the number of towers to the fewest possible.
(6) 
Demonstration of need and minimal negative impact. The applicant shall be required to demonstrate that the development is the minimal necessary to provide adequate communications as may be authorized by the Federal Communications Commission. The applicant shall also demonstrate that the development results in the minimal negative impact to the community and surrounding neighborhood. As part of this requirement, the applicant shall demonstrate at least, but not necessarily limited to, the following:
(a) 
That the area to be served by the antenna(s) does not presently have adequate cellular communications available from the provider as required by Federal Communications Commission and that the proposed antenna(s) will remedy such deficiency.
(b) 
That the applicant is a licensed provider of cellular telecommunications serviced by the Federal Communications Commission and that all requisite franchise including, but not limited to, franchises from other communications carriers, have been obtained for provision of such services.
(c) 
That collocation of the antenna on other existing or pending structures, either within or outside the Borough of Leonia, is either not practical in order to provide adequate communication or that the visual impact to the community from the proposed tower and/or antenna on the site is less than would exist at such alternative locations. The applicant shall submit an inventory of all existing antenna, towers, building-mounted antennas or sites approved or pending approval, as well as all other tall buildings, water towers, utility towers, and similar structures that could theoretically serve as an alternative location for the proposed antenna. The applicant shall also identify the various cellular telecommunications service providers within such distance and the type and location of the antennas of such providers with the aforesaid area.
(d) 
That the design and technology proposed is the least visually intrusive of various suitable designs and technologies. Evaluation of alternative technologies shall include, but not necessarily be limited to, the use of digital technologies, the use of a cable microcell network using multiple low-power transmitters and receivers attached to a wire line and the use of more numerous, but lower-in-height, antennas.
B. 
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structure, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this chapter.
C. 
Legal description of the entire tract and lease parcel (if applicable).
D. 
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties and public and private schools.
E. 
The separation distance from other towers and antennas.
F. 
A landscape plan showing specific landscape materials including, but not limited to, species, size and existing vegetation to be removed or retained.
G. 
Method of fencing and finished color and, if applicable, the method of camouflage.
H. 
A description of compliance with all applicable federal, state and local laws.
I. 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
J. 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunication sites owned and operated by the applicant in the Borough.
K. 
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the Borough Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
L. 
A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the approving board or designee to ensure that various potential views are represented.
M. 
An analysis of RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
(1) 
Take into consideration all collocated radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
(2) 
Be performed by an RF engineer, health physicist or similarly knowledgeable individual.
(3) 
Follow current methods recommended by the FCC for performing such analyses.
A. 
No building permit shall be issued for the construction, erection or installation of a wireless communications tower or antenna unless site plan approval has been granted by the Planning Board or Board of Adjustment, where applicable.
B. 
Upon filing a completed application for a wireless communications antenna or tower, the approving authority shall conduct a public hearing in accordance with MLUL.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
C. 
The applicants shall give notice of such hearing as provided by law.
D. 
A list of the property owners to whom the applicant is required to give notice shall be furnished to the applicant in accordance with local law. The approving authority's decision on such application shall be in accordance with local law.
E. 
In granting approval for such application, the approving authority may impose such conditions to the extent the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
F. 
An applicant for approval shall submit the information required by this chapter and a nonrefundable application fee and an escrow deposit as required by the Borough for such applications as herein established.
G. 
Inventory of existing sites. Each applicant for a wireless communication tower shall provide an inventory of its existing towers, or sites approved for towers, that are either within the jurisdiction of the Borough of Leonia or within three miles of the proposed site within the State of New Jersey, including specific information about the location, height, and design of each tower. Such information may be shared with other applicants applying for administrative approvals or permits under this chapter or other organizations seeking to locate towers within the jurisdiction of the Borough of Leonia, provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
[Amended 12-21-2009 by Ord. No. 21-09]
A. 
Freestanding towers. Freestanding cellular communications tower monopoles on a P Zone District abutting an OB Office Building Zone District and at the Leonia DPW facility located on Block 103, Lots 2 and 3. Any freestanding tower or antenna structure shall be set back from any residential property line a distance equal to or greater than the height of the tower and antenna. Any buildings or equipment accessory to or servicing the cellular communications tower or antenna shall conform to the setback requirements otherwise applicable in the zone district.
B. 
No freestanding tower or antenna structure shall exceed 150 feet above the normal grade at the base of such tower or structure. Any buildings or equipment necessary to or servicing the cellular communications tower or antenna shall conform to the height requirements otherwise applicable in the zone district.
(1) 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
(2) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
(3) 
Existing mature tree growth and natural land forms 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 a sufficient buffer.
C. 
Ancillary buildings. Any proposed ancillary building enclosing electronic equipment shall not be more than 15 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirement for accessory structures.
A. 
The Borough of Leonia requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless facilities that are stand-alone facilities. All applicants for site plan approval for a wireless service facility shall demonstrate a good-faith effort to collocate with other carriers. Such good-faith effort includes:
(1) 
A survey of all existing structures that may be feasible sites for collocating personal wireless facilities.
(2) 
Notification by certified mail of intent to seek site plan approval to all other license carriers for commercial mobile radio services operating in the county.
(3) 
Sharing information to determine if collocation is feasible under the design configuration most accommodating to collocation.
B. 
In the event that collocation is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Borough. The Borough may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant that has not demonstrated a good-faith effort to provide collocation.
C. 
If the applicant does not intend to collocate or to permit collocation, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted, they must also include RF design data.
D. 
Multiple antenna/tower plan. The Borough of Leonia encourages users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
A. 
Fees for antennas and wireless communication tower applications.
(1) 
The application fee for a permit to install an antenna of one meter or less in diameter shall be $500, plus, if the Construction Code Official deems it necessary to retain any experts such as the Borough Engineer, Borough Planner or other persons, the applicant shall post a cash deposit, which shall be determined by the Construction Code Official, to cover such costs. The filing fee for an antenna between one and two meters in diameter shall be a fee of $750. For any satellite antenna exceeding two meters in diameter, there shall be a filing fee of $l,000. In the event the applicant is required to present a site plan before the Planning Board or Board of Adjustment, applicable filing fees and escrow fees shall be posted with the Borough of Leonia as provided herein.
(2) 
Any application for a wireless communications tower shall require a filing fee of $2,500.
B. 
Escrow fees for site plan review. Where an application is made to the Planning Board or Board of Adjustment, the following escrow fees shall be filed consistent with the terms and conditions of this chapter:
(1) 
Preliminary site plan approval escrow for the following categories will be as designated by the Borough Administrator or Construction Code Official:
(a) 
Legal escrow.
(b) 
Engineering escrow.
(c) 
Planning escrow.
(d) 
Zoning Board escrow.
(2) 
Final site plan approval.
(a) 
Engineering and planning escrow: $500 for antenna, $1,000 for tower.
(b) 
Legal escrow: $500 for antenna, $1,000 for tower.
A. 
Monitoring and maintenance.
(1) 
After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless communication facility. Such measurements shall be signed and certified by the RF engineer, stating the RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this chapter.
(2) 
A copy of the annual report referred to in Subsection A(1) shall be provided to the Building Department of the Borough of Leonia within 10 days after it is completed by the applicant on a yearly basis.
B. 
The applicant and coapplicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include, but shall not be limited to, painting. structural integrity of the mount and security banner, and maintenance of the buffer area landscape.
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[1] of the municipality and consistent with the color of the building or otherwise shield the antenna 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 sole 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 dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or interference.
D. 
In the event the municipality or any other 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.
E. 
Periodic inspection/proof of need. The applicant shall be required to submit to the Zoning Officer annual certifications that the installed equipment has been inspected and that it continues to meet all applicable safety standards and continues to comply with all the requirements of approval. In the event that safety standards and requirements are no longer complied with, the applicant shall be required to correct such deficiencies or to remove the antennas and related structures as applicable.
F. 
Removal upon termination of use. All cellular telecommunications antennas and related structures and equipment shall be removed when same are unused or abandoned. Such removal shall take place within three months of such lack of use or abandonment. A copy of the relevant portions of a signed lease or deed restriction, as applicable, which requires removal of the antenna and related structures and equipment as required shall be provided to the Board. Failure to remove the antennas and related structures and equipment shall be deemed to be a violation of this chapter and shall be subject to the penalties and remedies set forth by this chapter.
G. 
The applicant shall be required to post a bond with the Borough of Leonia to cover the cost of removal of any cellular communications antenna and/or tower.
[1]
Editor's Note: See Ch. 212, Property Maintenance.
The Construction Code Official of the Borough of Leonia is hereby designated as the public officer charged with enforcement of the terms for this chapter. All complaints for alleged violation of any of the terms of this chapter shall be submitted in writing to said Construction Official.
A. 
Any person or entity who violates any provision of this chapter shall be punished by a fine not exceeding $1,000 or imprisonment in a place provided by the municipality for detention of prisoners not exceeding 90 days, or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous conviction of the same ordinance and who was fined for a previous violation, or was sentenced to a term in jail or to community service, shall be fined by the court to an additional fine or jail sentence as a repeat offender. The additional penalty shall not be less than $100 and shall not exceed the sum of $1,000, or imprisonment for term of 90 days, or the person may be required to perform community service for a term not to exceed 90 days.
B. 
In the event the person cannot pay the fine, the court may provide, in default of the payment of the fine, imprisonment in the county jail for a term not to exceed 90 days. The person may be required to perform 90 days community service. All penalties for a violation of this chapter shall be in accordance with N.J.S.A. 40:49-5 and the Code of the Borough of Leonia. In addition to the foregoing penalties, the Borough may enforce this chapter for any violation of this chapter in accordance with N.J.S.A. 40:55D-18, which action shall be in Superior Court of the State of New Jersey. Each day a provision of the chapter is in violation shall constitute a separate and distinct violation.
A. 
As used in this section "municipality" shall mean the Borough of Leonia, the Mayor and Council and Planning Board and Zoning Board of Adjustment of the Borough of Leonia; and "applicant" shall mean the applicant for an antenna and/or tower.
B. 
Default and remedies.
(1) 
It shall be a default if applicant defaults in the payment or provision of rent or any other sums to the landowner or municipality when due and does not cure such default within 10 days; or if the applicant defaults in the performance of any covenant or condition of the lease and does not cure such default within 30 days after written notice from the landowner or municipality specifying the default complained of; or if the applicant abandons or vacates the premises; or if the applicant is adjudicated as bankrupt or makes any assignment for the benefit of creditors; or if the applicant becomes insolvent or the municipality believes itself to be insecure.
(2) 
In the event of a default, the landowner or municipality shall have the right, at its option, in addition to and not exclusive of any other remedy the fee owner may have by operation of law without any further demand or notice, to reenter the premises and eject all persons therefrom, and either declare the lease at end, in which event the applicant shall immediately remove the antenna facilities and pay the owner a sum of money equal to the total of the amount of unpaid rent accrued through the date of termination, the amount by which the unpaid rent reserved for the balance of the term exceeds the amount of such rental loss that the applicant proves could be reasonably avoided (net of costs of such reletting), and another amount necessary to compensate the fee owner for the detriment proximately caused by the applicant's failure to perform its obligations under the lease; or with terminating the lease, relet the premises, or any part thereof, for the account of the applicant upon such terms and conditions as the fee owner may deem advisable, and any monies received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorney's fees, and real estate commission paid, and thereafter towards the payment of all sums due or to become due to the fee owner hereunder, and if a sufficient sum shall not be thus realized to pay such sums and other charges, the applicant shall pay the owner any deficiency monthly, notwithstanding that the fee owner may have received rent in excess of the rent stipulated in the lease in previous or subsequent months. and the fee owner may bring an action therefor as such monthly deficiency shall arise.
(3) 
Upon termination of the lease for any reason, the applicant shall remove its equipment, personal property, antenna facilities, and leasehold improvements from the premises on or before the date of termination and shall repair any damage to the premises caused by such equipment, normal wear and tear expected, all at the applicant's sole cost and expense. Any such property or facilities which are not removed by the end of the lease shall become property of the municipality.
C. 
Posting bond. The applicant shall post with the municipality a bond in an amount equal to 120% of the amount required for the construction of said antenna. Said amount shall be available to the fee owner for removal of the antenna structure should circumstances deem this necessary.
D. 
Insurance. During the terms of the lease, the applicant shall maintain, or cause to be maintained, in full force and effect and at its sole cost and expense, the following types and limits of insurance:
(1) 
Workers' compensation insurance meeting applicable statutory requirements and employer's liability insurance with minimum amounts of $100,000 for each accident.
(2) 
Comprehensive commercial general liability insurance with minimum amount limits of $10,000,000 as the combined single limit for each occurrence of bodily injury, personal injury, and property damage. The policy shall provide blanket contractual liability insurance for all written contracts and shall include coverage for property damage from perils of explosion, collapse or damage to underground utilities commonly known as "XCU coverage."
(3) 
Automobile liability insurance covering all owned and nonowned vehicles in use by the applicant, its employees and agents, with personal protection insurance and properly protection insurance to comply with the provisions of state law with minimum limits of $2,000,000 as the combined single limit for each occurrence for bodily injury and property damage.
(4) 
At the start of and during the period of any construction, builder's all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to the installation of the antenna facilities. Upon completion of the installation of the antenna facilities, the applicant shall substitute for the foregoing insurance policies of fire, extended coverage and vandalism and malicious mischief insurance on the antenna facilities. The amount of insurance at all times shall be representative of the insurable value installed or constructed.
(5) 
Business interruption insurance coverage in an amount sufficient to cover such loss of revenues for the period of time which it would take, under normal circumstances, to repair or replace that part(s) of the antenna facility which is damaged and caused the loss of revenue.
(6) 
All policies other than those for workers' compensation shall be written on an occurrence and not on a claims-made basis.
(7) 
The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
E. 
Named insureds. All policies, except for business interruption and workers' compensation policies, shall name the fee owner and municipality and all associated, affiliated, allied and subsidiary entities of the municipality, now existing or hereafter created, and their respective officers, boards, commissions, employees, agents and contractors, as their respective interests may appear as additional insureds (herein referred to as the "additional insureds"). Each policy which is to be endorsed to add additional insureds hereunder shall contain cross liability wording, as follows:
In the event of a claim being made hereunder by one insured for which another insured is or may be liable, then this policy shall cover such insured against whom a claim is or may be made in the manner as if separate policies had been issued to each insured hereunder.
F. 
Evidence of insurance. Certificates for each insurance policy required to be obtained by the applicant in compliance with this section, along with written evidence of payment of required premiums, shall be filed and maintained with the municipality annually during the term of the lease. The applicant shall immediately advise the municipality of any claim or litigation that may result in liability to the municipality.
G. 
Cancellation of policies of insurance. All insurance policies maintained pursuant to the lease shall contain the following endorsement:
At least 60 days' prior written notice shall be given to the municipality by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same, such notice to be given by registered mail to the parties named in the paragraph of the lease.
H. 
Insurance companies. All insurance shall be effected under valid and enforceable policies, insured by insurers licensed to do business in the State of New Jersey or surplus line carriers on the State of New Jersey Insurance Commissioner's approved list of companies qualified to do business in the State of New Jersey. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company.
I. 
Deductibles. All insurance policies may be written with deductibles not to exceed $25,000 unless approved in advance by the municipality. The applicant agrees to indemnify and save harmless the municipality, the indemnities and additional insureds from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished by the lease.
J. 
Contractors. The applicant shall require that each and every one of its contractors and their subcontractors who perform the work on the premises carry, in full force and effect, workers' compensation, comprehensive public liability and automobile liability insurance coverage of the type which the applicant is required to obtain under the terms of this section with appropriate limits of insurance.
K. 
Review of limits. Once during each calendar year during the term of the lease. the municipality may review the insurance coverages to be carried by the applicant. If the municipality determines that higher limits of coverage are necessary to protect the interests of the municipality or the additional insureds, the applicant shall be so notified to obtain the additional limits of insurance at its sole cost and expense.
The applicant may not assign the lease or sublet the premises without 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 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 municipality. In addition, the applicant shall reimburse the municipality for its reasonable cost and expenses, including legal fees incurred by the municipality in connection with the negotiation of any lease agreement.