Reduction of use. No nonconforming lot shall be further reduced in size.

Enlargement of use. No nonconforming building or structure shall be enlarged, extended or increased unless such enlargement, extension, or increase is conforming.

Expansion of use. No nonconforming use may be expanded.

Abandonment of use.

Restoration of a structure.

Certification of preexisting nonconforming uses, buildings and structures. Upon application, the Administrative Officer (Borough Administrator) or the Planning Board may issue a certificate in accordance with Article III, § 150-10D(3), certifying the legality of a preexisting nonconforming use, building, or structure.

Alterations and additions. A nonconforming building may not be altered so as to increase in any manner the degree of nonconformance.

Reversion. No nonconforming use shall, once changed into a conforming use, be changed back to a nonconforming use.

Lots and structures.

Prior approved construction. Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been hereto before issued and the construction of which shall have been diligently prosecuted within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of the adoption of this chapter.

District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this chapter shall also apply to any nonconforming uses existing therein or created thereby.

On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required.

Lot lines of corner lots, that are coexistent with sidelines of abutting lots, shall be considered sidelines.

Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.

Lot lines of corner lots, that are coexistent with lot lines of adjoining corner lots, shall be considered sidelines.

Sections B, C, and D notwithstanding, each corner lot must maintain a rear yard setback for at least one yard area other than a front yard.

Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the Schedule of Zoning District Requirements, Exhibit 5-2.[1]

No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located except:

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code[1] including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter.

Setback requirements. The provisions of the Schedule of Zoning District Requirements, Exhibit 5-2,[2] notwithstanding, the following overall setbacks shall be in effect:

Location of accessory buildings.

Distance from principal building. No detached accessory building, in any residential zone, shall be less than five feet from a principal building.

Sequence of construction. No accessory building shall be constructed before the principal building.

Same lot. Accessory buildings must be located on the same lot as the principal use to which they are accessory.

Sheds. For sheds the following regulations shall apply: No more than one shed per lot, and not to exceed 150 square feet, and not to exceed 12 feet in height.

Driveway/walkway. Within a residential zone district, an entry driveway or a walkway may cross any yard area except that no driveway shall be within five feet of a side lot line or a rear lot line. Within a nonresidential zone district, entry driveways and walkways may cross any yard area; however, other than crossing yards, driveways shall adhere to the yard requirements for accessory structures. Walkways in a nonresidential zone may be located in a yard area but they shall not encroach into any required buffer.

Pools. The following regulations shall apply to installation of pools:

Porch, deck, patio. A porch, deck, patio, or similar structure designed to adjoin or as part of the principal building shall in all cases conform to the yard requirements for the principal building; except, where the structure has no roof and is constructed not more than six inches above grade, it shall adhere to the yard requirements for an accessory structure.

Rooftop decks. The following regulations shall apply to the construction and commercial use of rooftop decks located on any building or structure other than detached single-family and two-family residential dwelling units:

Height limitations. No structure shall extend higher than the limit provided in each zone for building height. For the purposes of calculating this height limitation, the bottommost cellar of a building shall not be included as a story, provided that the building otherwise satisfies the building height requirements of this chapter.

The height limitations created hereunder shall not apply to spires, belfries, cupolas, parapets, walls or cornices not used for human occupancy and extending not more than five feet above the building height limit.

The height limitations of this chapter shall apply to water tanks, chimneys, ventilators, skylights, HVAC equipment, stair towers, elevator towers, antennae attached to a building and similar appurtenances usually carried above roof level, except:

Freestanding, noncommercial radio and television antennae and flagpoles may exceed the height limits created hereunder by not more than 10 feet.

Foundation height. The exposed portion of the foundation of buildings or structures shall not exceed two feet above the highest preexisting grade or, in the case of property that has received approval of the Planning Board pursuant to an application for development, the finished grade shown on the approved plans. If the structure is in the floodplain, this subsection shall not apply.

Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers.

Such receptacles shall not be stored or placed within any front yard area prior to the time at which materials are permitted to be placed at the curblines for collection. Such receptacles maybe stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.

Construction materials and equipment may be stored temporarily at the construction site where their use is necessary, provided that:

Except during garage, estate or auction sales conducted pursuant to a permit issued by the Borough, no goods shall be displayed for sale in any residential zone district.

Business uses shall not permanently display goods for sale outdoors except where the goods displayed are the merchandise of a business included within a structure located on the site and the display is in accordance with a site plan approved by the Planning Board.

Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year, nor shall any one sale exceed one week in duration.

Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods out-of-doors shall not be permitted in any zoning district within the Borough, except temporary sales operated by nonprofit or charitable groups may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than two such sales per year, nor shall any one sale exceed four days in duration.

Goods for sale, displayed or stored outdoors, in accordance with an approved site plan, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

Temporary sales of Christmas trees may be permitted beginning the day after Thanksgiving in November through the month of December in business zones and on developed sites occupied by nonprofit or charitable groups. Such sales shall be in accordance with a permit issued by the Zoning Officer. No permit shall be issued unless adequate off-street stopping space or maneuvering space for vehicles of customers can be provided and it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property line than 10 feet, and not exceeding eight feet in height. Such signs shall be temporary and shall be removed from the property on which the sales are being conducted no later than December 31.

Within any residential district, no building with a home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.

The types of construction not considered to be residential in character include, but are not limited to, storefront type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), unfinished concrete blocks or cinder block wall surfaces, metal panels, elimination of porches and wall surfaces without doors and/or windows.

Within the O-R (Office Residential) District, nonresidential building design shall be compatible with the residential character of the area. Nonresidential reconstructions, expansions, alterations or new construction shall be compatible with residential architecture in the district and adjoining areas in terms of roof form; building height, width and proportion; window and door treatment; and roof and exterior finish materials.

Boats or parts, section, pieces or appurtenances of boats shall not be placed or stored on any lot situated in the R1 or R2 Zone, except:

Boats or parts, sections, pieces or appurtenances of boats may not be placed or stored on any lot situated in the LI, WB, HB, O-R, CBD, SC, HBD, RTH, MF1 or MF2 Zone Districts except in accordance with a site plan approved by the Planning Board or, for lots, occupied by only single-family residential uses, in accordance with the provisions of Subsection A above. Temporary storage of boats in conjunction with the operation of a marina between October 1 and June 15 is permitted in the WB and MR Districts in conjunction with a site plan approved by the Planning Board.

Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles shall not be parked overnight, stored or placed on any lot situated in a residential zone, except:

Recreation vehicles or parts, sections, pieces or appurtenances of recreational vehicles may not be parked overnight, stored or placed on any lot in the O-R, HBD, CBD, LI, MR, RTH, SC, MF1, MF2, WB, or HB Zone Districts except in accordance with a site plan approved by the Planning Board or, for lots occupied by only single-family residential uses, in accordance with Subsection C.

No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 8,000 pounds or having more than two axles shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 8,000 pounds or less, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

Regulations: nonresidential zones.

Regulations: Residential Zone District.

Compliance a condition of approval. As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.

Applicability and enforcement.

Noise.

Air pollution. No substance shall be emitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the municipality. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented, and all the following provisions stated, whichever shall be more stringent, shall be complied with.

Liquid waste. No liquid waste shall be discharged into any watercourse, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Municipal Engineer, and where required by the New Jersey Department of Environmental Protection.

Industrial waste. No industrial waste shall be discharged into the public sewage collection and disposal system unless the appropriate officials of the sewer utility shall have first investigated the character and volume of such waste and shall have certified that it will accept the discharge of the waste material into the system. The applicant shall comply with any requirements of the utility, including the pretreating of such wastes, control of pH and other methods of improving such waste prior to discharge, as a condition to acceptance by the utility.

Solid waste. All uses in the municipality shall:

Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the U.S. Atomic Energy Act of 1965, as amended, and any codes, rules or regulations promulgated under such Act, as well as the New Jersey Radiation Protection Law, N.J.S.A. 26.2D et seq., as amended, whichever is more stringent.

Fire and explosion hazards. All activities shall be carried on only in buildings classified as fireproof by the building code of the municipality,[2] and as determined by the Fire Department. The operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must conform to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Fire Department.

Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground-transmitted steady-state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inch per second for impact vibrations. Particle velocity is to be determined by the formula PV = 6.28 FxD, where PV is the particle velocity, inches-per-second; F is the vibration frequency, cycles-per-second; D is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three-component measuring system shall be used. For the purpose of this chapter, steady-state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 100 per minute. Discrete impulses which do not exceed 100 per minute shall be considered impact vibrations.

Electromagnetic interference. There shall be no electromagnetic interference that:

Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than 2° C. at or beyond the boundary of any lot line.

Fire-resistant construction. All new construction and additions shall be fire-resistant construction in accordance with the requirements of the State Uniform Construction Code.[3]

Glare. There shall be no direct or sky-reflected glare exceeding 1 1/2 footcandles measured at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 footcandle in residential districts.

Lighting and illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

Maintenance of all land uses within the municipality shall include, but is not limited to, the following:

All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of these regulations or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified above, additional maintenance responsibilities shall include, but are not limited to, the following:

Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter and subject to the penalties prescribed in this chapter.

Permit required. It shall be unlawful for any person to erect, alter or relocate within the Borough of Atlantic Highlands any nonexempt sign as set forth and defined in this article, without first making application to the Construction Official, paying the appropriate fee, and obtaining a permit from the Code Enforcement Officer and the Construction Official.

Exemptions. The following types of signs and advertising shall be exempt:

Application fee and required information. Application for permits shall be on a prescribed form of the Borough and shall be accompanied by a fee as provided in Chapter 168, Article II. The applicant will prepay the fees of the Municipal Engineer if the Zoning Officer determines that engineering review of the proposed sign is required.[2]

Inspection of premises; issuance of permit; nullification.

Construction and design of signs.

Lighting.

Roof signs. Roof signs are prohibited, except such directional devices as may be required by federal authorities.

Sign regulations for noncommercial zones. It shall be unlawful to erect or alter any sign in any noncommercial zone except as follows:

Sign regulations for commercial zones. It shall be unlawful to erect or alter any sign in any commercial zone except as follows:

Removal of signs after cessation of business. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down within 30 days after the cessation of such business.

Nonconforming signs. Any signs now existing which would be in violation under the provisions of this article may be continued on such building, structure, lot or land so occupied, but may not be enlarged. The failure to keep a nonconforming sign painted or in good repair for a period of one year shall constitute abandonment and such sign may not be revised and must be removed.

Electrically operated signs. A sign shall not be illuminated by other than electrical means, devices, and wiring in accordance with the requirements of the National Fire Protection Association.

Inspection and maintenance. It shall be the duty of the Zoning Officer to inspect each sign for which a permit is required upon the completion of its installation and to make inspections of all signs from time to time as may be required by this article.

Certain signs prohibited. The following types of signs are specifically prohibited:

Liability insurance. Every person responsible for a sign placed over public property shall obtain and maintain liability insurance coverage which shall protect and hold the Borough harmless from any and all claims or demands for damages resulting from the collapse, failure, or combustion of the sign or parts thereof.

Fences and walls hereafter erected, altered or reconstructed in any zone shall not exceed six feet in height, except as follows:

All fences must be erected within the property lines, and no fence shall be erected so as to encroach upon a public right-of-way.

Barbed wire, razor wire, canvas or cloth fence and fencing construction are prohibited in all zones.

All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.

Tennis court fences, baseball and softball backstops and spectator protective fencing are exempt from the requirements of this section, provided they are not located within any required yard area. Located outside of any required yard area, they are subject to the height limitations of the particular zone district.

Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

No hedges or screen plantings over three feet in height shall be permitted within 50 feet of any waterway; however, this section shall not be construed to prohibit the planting of shade or ornamental trees either individually or in small groupings.

Concrete sidewalks and curb ramps shall be four inches thick, except across the width of proposed driveways where the concrete sidewalk shall be constructed six inches thick, with No. 6 wire mesh welded six by six. Sidewalk repair and upkeep is the responsibility of the owner.

Concrete shall have a strength of 4,500 psi at 28 days air entrained conforming to ASTM A-497.

Joint sealer shall be installed every 16 feet with dummy joints every four feet.

All sidewalks in the Borough of Atlantic Highlands shall be relaid, repaved and kept in repair at the cost and expense of the owner or owners of lands in front of which the same shall be located.

On any lot in any R-1, R-2 or R-3 Zone and on any residential lot in the O-R Zone, private garage space may be provided for one motor vehicle for each 5,000 square feet of lot area, except that not more than four motor vehicles may be garaged. The width of each space shall not exceed 12 feet and 22 feet in length, and height not to exceed 16 feet.

No part of any detached garage structure shall be used for residential purposes.

An attached garage may be converted for use for residential purposes if the same number of off-street parking spaces 12 feet by 22 feet are available and delineated on the property for each garage space so converted.

For any permitted nonresidential principal use, a private accessory garage shall only be permitted as provided for by a site plan approved by the Planning Board.

Except as provided by § 150-64, no trucks, tractor-trailers, tractors (for use in pulling trailers) or trailers shall be parked, stored or garaged in any residential zone; provided, however, that these provisions shall not be construed to prevent the delivery by the use of such vehicles to premises in the residential zones of merchandise, furniture or construction materials to be used in construction upon the premises.

Areas covered. The areas of Atlantic Highlands covered by this section (referred to hereafter as "slope area") are Blocks 1 through 6, inclusive, Lots 1, 2, 3, 4, 5 in Block 7, Blocks 8 through 28, inclusive, Blocks 53, 54, 55, 56, 57, 58, 59, 60, 70, 71, 72, 73, 74, 75, 76, and 77, as described on the Tax Assessment Map of Atlantic Highlands, dated 1968 and amended 1988. Said blocks and lots contain or adjoin slopes of 15% or greater as identified in the Atlantic Highlands Master Plan, and/or are identified as containing or adjoining slump block areas in the United States Geological Survey Professional Paper 898, dated 1974.

Permit requirement exceptions. A slope area permit is required for any work or disturbance affecting a slope area, except when the area of the proposed work or disturbance:

Application for permit. An application for a slope area permit shall be made to the Atlantic Highlands Construction Official. The application shall include at least:

Application review and standards of approval.

Lot size, development density, lot coverage and disturbance. To meet the purposes, goals and standards set forth in this section, in areas of slopes greater than 15%, the applicable provisions of this chapter relating to minimum lot sizes and density of development, and maximum percentage of lot coverage, shall be modified, and limitations of maximum impervious surfaces and maximum lot disturbance shall be added.

Environmental appraisal and applicability.

Review and inspections fees. The initial application filing fee shall be as provided in Chapter 168, Article II. The applicant shall deposit with the Chief Financial Officer $250. If additional escrow fees are required, the applicant shall deposit with the Chief Financial Officer an amount equal to the estimated review fee, as determined by the Municipal Engineer. Inspections shall be required before, during stabilization and upon completion of the work or disturbance, during and for two years after complete stabilization, or for any other reasonable time, as determined by the Municipal Engineer, to insure the purposes of this section are met. No permit will be issued until a deposit is placed with the Chief Financial Officer, equal to the estimated inspection fee, as determined by the Municipal Engineer. If additional inspection fees are required, the applicant shall deposit with the Chief Financial Officer an amount equal to the new estimated inspection fee before any work can continue. The inspection fee deposit account shall remain for two years after complete stabilization. Any deposit accounts shall be maintained at levels sufficient at all times to cover all estimated fees or work may be halted. The Chief Financial Officer will keep the Municipal Engineer aware of account balances as necessary.

Municipal liability. The granting of any permit or approval in any slope area shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official or employee thereof of the practicability or safety of any structure, use or other plan proposed, and shall create no liability upon, or a cause of action against, such public body, official or employee for any damage that may result pursuant thereto.

Penalties. In addition to penalties already provided in § 150- 15, the Court may order any person convicted of violating this section to pay the Borough all costs for and associated with necessary stabilization or corrective measures, as determined by the Municipal Engineer.

Appeal. The Planning Board shall have the power to hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision (including review and inspection fees under Subsection G) or refusal made by the Borough Engineer based on or made in the enforcement of this section. All such appeals under this section from the decisions of the Borough Engineer shall be taken within 20 days by filing a notice of appeal with the Borough Engineer specifying the grounds of such appeal. The Borough Engineer shall immediately transmit to the Planning Board all papers constituting the record upon which the action appealed from was taken. All such appeals shall be heard by the Planning Board upon notice given by the applicant as required by § 150- 9D. The Planning Board may permit, or require, the record on appeal to be supplemented with such documents or other evidence or information as are reasonably necessary to make an informed decision as to whether the requirements of this sectionhave been met.

Protection of utilities. Public entities or services shall be protected from damage due to grading or excavation operations by the property owner having such operation done. Persons excavating must comply with the Underground Facility Protection Act, N.J.S.A. 48:2-73, as amended, and provide proof of compliance upon request.

Protection of adjacent property. Adjacent properties shall be protected from damage due to grading or excavation operations by the property owner having such operations done. No person shall have property graded or excavated so as to allow or result in increased drainage runoff on adjacent properties. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public streets, sidewalk, alley or other public or private property, without supporting and protecting such property from any damage that may result.

Purpose. The purpose of this section is to establish siting and development regulations for wireless telecommunication towers and antennas for the siting of wireless telecommunications towers and antennas to:

Nonapplicability to amateur radio stations and to receive-only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a "receive-only antenna" in accordance with Federal Communications Commission (FCC) regulations. (See § 150-66, Noncommercial radio and television antennae.)

Antennas and towers permitted on Borough property. Wireless communications towers and antennas which are located on property owned, leased, or otherwise controlled by the Borough of Atlantic Highlands and which are approved by the governing body shall be deemed to be permitted as a telecommunications facility.

General requirements.

Factors considered in granting approval for towers. In addition to any standards for consideration of site plan pursuant to this chapter and requirements set forth in this chapter, the municipal agency shall consider at least the following factors in determining whether to issue an approval:

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the municipal agency may waive such requirements, as it deems appropriate.

Landscaping.

Removal of abandoned antennas and/or towers. The applicant shall provide a performance bond and/or other assurances satisfactory to the Planning Board, in a form approved by the Planning Board Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, and building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas and/or towers are no longer operative. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of a written notice from the Borough of Atlantic Highlands notifying the owner of such abandonment. Failure to remove an abandoned antenna and/or tower within said 90 days shall be grounds for removal of the tower or antenna by the Borough and the removal paid for by the owner. 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. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties by the owner.

Preexisting towers. Preexisting towers, which are operating at the time of the adoption of this section, shall be allowed to continue their usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in this section, and pursuant to this chapter, shall apply.

Definitions.

Small wireless facility siting permit required; consent to use rights-of-way required.

Installation of new structures; installation on existing structures.

Siting permit application process.

Procedure on permit application; no exclusive rights.

Duration. No siting permit issued under this section shall be valid for a period longer than 12 months unless construction has actually begun and continuously and diligently is pursued to completion. Upon written request from the applicant, the Mayor, upon consultation with the Construction Official, may extend the siting permit for a period of up to 12 months so long as construction has begun at the time that the applicant's request for an extension is made.

Routine maintenance and replacement. A small wireless facility siting permit shall not be required for:

Application fees.

Escrow fee for third-party professionals and consultants.

Municipal access to new structures. An applicant whose siting permit includes the installation of any new smart pole structure of any of the types that are defined in Subsection A, Definitions, to this section shall provide the municipality with access to any of the technological features that are a component the new smart pole structure such as, for example, public access Wi-Fi, 911 call service or security cameras, before the applicant offers such access to any other person or entity. Should the municipality decide to utilize any such technological features, then the municipality, on an annual basis, shall reimburse the applicant or the subsequent owner of the structure, the costs, on a dollar-for-dollar basis, of providing the municipality with such access. Such costs shall be limited to the costs of providing electricity to the components used by the municipality and the costs of any repairs required to be made to the components used by the municipality, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.