Beach Haven City Zoning Code
§ 212-28.1
Placement of wireless poles, small cell equipment and small cell facilities within the public rights-of way.
[Added 10-9-2018 by Ord. No. 2018-28C; amended 10-14-2025 by Ord. No. 2025-21C]
Purpose. The purpose and intent of this section is to:
Establish a local policy concerning small cell telecommunications facilities, equipment, and wireless poles deployment within the public rights-of-way.
Conserve the limited physical capacity of the public rights-of-way held in public trust by the Borough and the county.
Assure that any and all telecommunications carriers providing telecommunications services in the Borough through telecommunications facilities, including but not limited to small cell equipment and wireless poles, comply with the laws, rules and regulations of the Borough.
Assure that the Borough can continue to fairly and responsibly protect the public health, safety and welfare.
Enable the Borough to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.
Definitions. The following words and phrases shall, for the purpose of this section, have the meanings herein indicated:
shall mean a right-of-way agreement conforming to the requirements of § 212-28.1 et seq. of the Borough Code.
The use of a common wireless telecommunications tower or a common structure, by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunication tower on a structure owned or operated by a utility or other public entity.
The County of Ocean.
shall refer to calendar days.
The Mayor and Council of the Borough of Beach Haven.
The surface of, and the space above, any public street, road, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Borough or County as an easement or in fee simple ownership, or any other area that is determined by the Borough or County to be a right-of-way in which the Borough may allow the installation of telecommunications facilities.
Wireless facilities and transmission media, including femtocells, picocells and microcells, which may include the wireless pole.
Outside distributed antenna systems ("ODAS").
A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended, that is attached, mounted or installed on an existing pole or wireless pole in public rights-of-way and used to provide telecommunications (defined herein) services.
A wireless service facility that meets both of the following qualifications:
Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and
Primary equipment enclosures are not larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, backup power systems, grounding equipment, power transfer switch, and cutoff switch.
Substantial change shall have the meaning defined in 47 C.F.R. 1.6100(B)(7), as further amended and revised.
The transmission by wire, radio, optical, or any electromagnetic system, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
Any provider of Federal Communications Commission licensed wireless telecommunications services.
Any structure or device used for the purpose of providing, supporting, enabling, or otherwise facilitating telecommunications, including, but not limited to, small cell equipment, small cell facilities, and wireless poles, as defined herein. Also, may be referred to as wireless communications facility.
The offering of telecommunications to the public, regardless of the telecommunications facilities used.
A column or post lawfully located in the Borough or County right-of-way used solely to support small cell equipment and/or provide personal wireless services as defined by federal law.
Permitted zones and use for telecommunications facilities.
Wireless poles, small cell equipment and small cell facilities existing or to exist in the public right-of-way may be located in all districts on the Official Zoning Map of the Borough of Beach Haven, subject to the provisions of Chapter 212, generally, and § 212-28.1 specifically. Notwithstanding the foregoing, wireless poles, small cell equipment and small cell facilities shall not be permitted in the Historic District as defined at § 41-3 of the Code of the Borough of Beach Haven.
Wireless poles, small cell equipment and small cell facilities existing or to exist in the public rights-of-way shall be a conditional use, and shall be subject to all applicable local and state requirements for conditional use approval.
Right-of-way license. No wireless poles, small cell equipment, or small cell facilities shall be installed, operated, maintained or located within the public rights-of-way without the issuance of a right-of-way license. Such applications shall be subject to the following requirements:
For purposes of this section, the construction, installation, operation, maintenance or location of small cell equipment, or small cell facilities includes co-location onto any existing small cell facility where same represents a substantial change.
If, during the license term, a licensee wishes to add, supplement, or modify the wireless pole, small cell equipment, or small cell facility, applicant shall be required to obtain a new license in accordance with this section, except if the addition, supplement or modification is not a substantial change, as reasonably determined by the Construction Department Official, in consultation with the Borough Engineer, as directed by § 212-28.1E(1)(c) below. No license to construct a wireless pole, small cell equipment, or small cell facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the Governing Body that no existing personal wireless telecommunication service facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing personal wireless telecommunication service facility can accommodate the applicant's proposed facility shall consist of one or more of the following:
No existing telecommunications facilities are located within the geographic area required to meet the applicant's coverage demands.
Existing telecommunications facilities are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.
Existing telecommunications facilities do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
Existing telecommunications facilities do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.
The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna.
The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render existing facilities or structures unsuitable.
Any other technical or engineering rationale to support the applicant's position that use of an existing personal wireless telecommunications service facility can accommodate the applicant's proposed facility.
License term. The term of a license issued pursuant to this section shall be co-terminus with applicant's agreement with the Borough, not to exceed 10 years.
Application requirements for telecommunications facilities: Co-location, substantial changes, new construction, and new installation.
An application to construct and/or install a wireless pole, small cell equipment, or small cell facility in the public rights-of-way, or co-locations to a wireless pole, small cell equipment, or small cell facility in the public rights-of-way shall not be subject to site plan review, provided the application meets the following requirements:
If no substantial change to a wireless pole, small cell equipment, or small cell facility is proposed where said wireless pole, small cell equipment, or small cell facility has been previously granted all necessary approvals by the appropriate approving authority.
If construction and/or installation of a new wireless pole in the public rights-of-way for the purpose of siting small cell equipment or a small cell facility, the wireless pole shall obtain all necessary approvals by the appropriate approving authority.
If proposing a substantial change, the applicant must apply for a license pursuant to this chapter. Where no substantial change is proposed, the applicant shall obtain all necessary construction permits. The Construction Department Official, in consultation with the Borough Engineer, shall determine whether a change is substantial pursuant to the definition contained herein.
The proposed co-location and/or change complies with the final approval of the wireless pole 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.
Complies with all applicable requirements of Borough ordinances.
Each application shall be limited to a request to construct and/or install one new wireless pole, small cell equipment, or small cell facility in the public rights-of-way, or one substantial change to a wireless pole, small cell equipment, or small cell facility in the public rights-of-way.
All applications shall be submitted to the Municipal Clerk and shall include the following information:
A completed application and application checklist.
A statement and supporting proofs that the application qualifies as construction or installation of new a wireless pole, small cell equipment, or small cell facility in the public rights-of-way, or substantial changes to an existing wireless pole, small cell equipment, or small cell facility in the public rights-of-way.
If the applicant is requesting a permit to utilize an existing utility pole, the applicant must provide a fully executed pole attachment agreement or other proof of same.
A proposed agreement where this if the first application filed by the applicant in the Borough. Where this is not the first application, the proof of an executed agreement with the Borough for use of the public rights-of-way.
A scaled location plan clearly indicating the location, type, color, size, and height of the proposed wireless pole, small cell equipment, or small cell 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.
The separation distance from other existing wireless poles, small cell equipment, or small cell facilities which 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 poles, small cell equipment, or small cell facilities and the owner/operator of wireless communications support structure(s) within 500 feet of the proposed wireless pole, small cell equipment, or small cell facility.
A description of the type and quantity of equipment to be installed and the number, color and size of any equipment cabinets to be installed.
A description of any excavation required.
A description of any change in support structure height and/or width as a result of the proposed application.
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 pole, small cell equipment, or small cell facility, including certification from a structural engineer that the existing utility pole or wireless pole or new wireless pole is structurally suitable and safe for the installation of small cell equipment and/or a small cell facility and also that same 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.
A certification that applicant shall permit co-location onto new wireless poles to the extent possible based on engineering and construction standards.
Elevations of all small cell equipment and/or Small Cell Facilities generally depicting all existing and proposed antennae, support structures, platforms, finish materials, as well as all other accessory equipment.
An inventory of its existing wireless communications facilities or sites approved for wireless communications support structures or antennae within the jurisdiction of the Borough.
Documentation of compliance with all applicable requirements of the Borough Code.
Review of applications for new construction or new installation of wireless poles, small cell equipment, or small cell facilities or substantial changes thereto.
Initial review. The Borough Manager, in consultation with the Borough Engineer, shall review the application and advise the applicant within 10 days whether the application is incomplete and stating the specific basis for incompleteness in writing to the applicant. Thereafter, any resubmission shall give the Borough an additional 10 days to review for incompleteness.
Timeframe for review. Where applicant proposes a new wireless pole or replacement utility pole or other new support structure in the public rights-of-way for the placement of small cell equipment and/or Small Cell Facilities, then the Governing Body shall act on said application within 90 days. Where the applicant proposes to place small cell equipment and/or Small Cell Facilities onto an existing Utility Pole, wireless pole, or other support structure in the public rights-of-way, the Governing Body shall act on said application within 60 days. These review periods may be extended by mutual agreement of the Borough and the applicant.
Complete applications. The Governing Body shall, within the applicable timeframe, approve all complete applications that do not otherwise violate applicable health, safety, and other requirements set forth in this chapter.
Failure to act. If the Governing Body fails to act upon an application within the applicable timeframe from receipt of the application or any applicable tolling periods thereafter, the applicant may notify the governing body in writing that the review period has expired. Upon the Governing Body receipt of this notice from the applicant, the application shall be deemed granted.
Notwithstanding any other regulation to the contrary, the Governing Body may waive any requirement of this chapter to the extent same prohibits, or effectively prohibits, the provision of personal wireless service pursuant to the Telecommunications Act of 1996 and applicable Federal Communications Commission orders.
General requirements.
Time, place and manner. The Governing Body shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless poles, small cell equipment, or Small Cell Facilities based on public safety, traffic management, physical burden on the ROW, public health, welfare, and safety, and related considerations. Existing utility poles and existing wireless poles shall be the priority locations for small cell equipment and Small Cell Facilities, followed by replacement of utility poles, and lastly followed by the construction of new wireless poles.
All applications made under this chapter for wireless poles, small cell equipment, or Small Cell Facilities must be located within the public rights-of-way.
No wireless poles shall include any visible exterior lighting of any kind.
The requirements of this chapter apply to all entities and applicants, regardless of whether the public rights-of-way is owned and/or controlled by the County or Borough.
The placement of wireless poles, small cell equipment, or Small Cell Facilities in the public rights-of-way for the purpose of siting shall not constitute macro-wireless facilities that are governed by § 212-28 of the Borough Code. Such wireless poles, small cell equipment, or Small Cell Facilities shall comply with the following.
No wireless poles, inclusive of any and all antennae and equipment, shall exceed 40 feet in height. Replacement utility poles shall be the same height as the replaced pole and shall be of the same type and color of the utility pole being replaced.
No wireless pole 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 wireless pole. The Governing body may relax this requirement, at its sole and absolute discretion for any or no reason, to 200 feet.
The siting of wireless poles shall not be greater than five feet from the point where the shared property line between two properties and the public rights-of-way intersect. Wireless poles may be located on street corners at the discretion of the Borough Engineer.
Small cell equipment, or Small Cell Facilities may be placed on 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. Replacement utility poles and new utility poles, when each otherwise permitted, shall be placed as close as feasible to the shared property line between two properties and where the public right-of-way intersects, as determined by the Borough Engineer.
Where the applicant has demonstrated that an existing utility pole can be used, the small cell equipment or small cell facility shall be mounted to the existing pole in a manner that preserves the structural integrity and aesthetics of the pole.
The replacement of existing utility poles and siting of wireless poles, small cell equipment or Small Cell Facilities shall comply with all applicable federal, State, and local laws and regulations.
Replacement utility poles shall be fabricated using the same materials as the pole to be replaced and shall be the same or smaller diameter.
Unless otherwise permitted by the Governing body, at its discretion, wireless poles shall be fabricated using the same materials as the existing, neighboring utility poles.
The diameter of the wireless pole shall not exceed 20 inches.
Wireless poles shall be set back from curbs, offset from driveways, and offset from trees.
Except as otherwise provided in § 212-28.1G(5)(b), no wireless poles or small cell equipment or Small Cell Facilities shall be located within 300 feet of each other.
Ground level cabinets prohibited; pole-mounted antennae and cabinets shall comply with the following:
Pole-mounted antennae are permitted on utility poles, replacement utility poles and wireless poles in all zones (except the Historic District), provided that each:
Pole-mounted cabinets are permitted on wireless poles, utility poles and replacement utility poles, provided that each:
Does not exceed 16 cubic feet;
Not be sited in any site triangle and shall not inhibit site at any intersection;
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;
Is installed at least eight feet above the ground;
No protrusion from the outer circumference of the pole shall be more than 18 inches;
Is limited to a total volume of all installed equipment external to the pole (including, but not limited to, cabinets, vaults, and boxes) 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.
Shall be located above base-flood elevation.
Ground level cabinets shall not be permitted.
Uniform Construction Code; safety standards; standard of care. All wireless poles, small cell equipment, or Small Cell Facilities 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 pole, small cell equipment, or small cell facility located in the public rights-of-way 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.
Wind. Wireless poles, small cell equipment, and Small Cell 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.
Public safety communications. Wireless poles, small cell equipment, and Small Cell 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.
Aviation safety. Wireless poles, small cell equipment, and Small Cell Facilities shall comply with all federal and State laws and regulations concerning aviation safety.
Radio frequency emissions or radiation. Wireless poles, small cell equipment, and Small Cell 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.
Noise. Wireless poles, small cell equipment, and Small Cell 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.
Historic districts. No wireless poles, small cell equipment, or Small Cell Facilities may be located in the Borough's Historic District.
Visual impact and safety. The Borough reserves the right to deny an application for the construction or placement of any wireless poles, small cell equipment, and Small Cell Facilities based upon visual and/or land use impact and require design modification as a pre-condition to approval.
No wireless poles, small cell equipment, or Small Cell Facilities shall be permitted in any site triangle or otherwise interfere with site lines, public walkways, and/or the public health, welfare, and safety.
Color and aesthetic standards. All small cell wireless facilities, including but not limited to antennas, radios, cabling, conduit, brackets, cabinets, and any associated equipment, shall be painted or finished in a color that is compatible with, and designed to blend into, the surrounding streetscape or structure to which the equipment is attached. Where small cell equipment and/or Small Cell Facilities are mounted on existing utility poles, the equipment shall match the color of the underlying pole or structure. Where small cell equipment and/or Small Cell Facilities are installed on decorative poles or fixtures, the applicant shall ensure the color, finish, and style are consistent with the existing decorative elements. Where small cell equipment and/or Small Cell Facilities is installed in areas with a natural or landscaped backdrop, such equipment shall be painted in a muted, non-reflective color that reduces visual contrast with the background. All equipment surfaces shall be treated with matte or non-reflective finishes. Glossy or metallic finishes are prohibited. The applicant and/or facility owner shall maintain the approved color and finish for the life of the installation. Faded, chipped, or peeling paint or coatings must be restored within 30 days of notice by the Borough. The color and finish of all facilities shall be subject to review and approval by the Borough Engineer, or his/her designee.
Removal. In the event that use of the wireless pole, small cell equipment, or Small Cell Facilities 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.
All abandoned or wireless pole, small cell equipment, and Small Cell Facilities shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Borough;
If the wireless pole, small cell equipment, and Small Cell Facilities are not removed within three months of the cessation of operations at a site, or within any longer period approved by the Borough, the wireless pole, small cell equipment, and Small Cell Facilities may be removed by the Borough and the cost of removal assessed against the owner.
Maintenance. The following maintenance requirements shall apply:
Wireless pole, small cell equipment, and Small Cell Facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;
Such maintenance shall be performed to ensure the upkeep of the wireless pole, small cell equipment, and Small Cell Facilities in order to promote the safety and security of Borough's residents;
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents; and
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.
Inspection. The Borough shall possess the right to inspect any wireless pole, small cell equipment, and Small Cell Facilities to ensure compliance with this Chapter. The Borough and/or its agents shall have the authority to enter the property upon which a telecommunications facility is located at any time, upon 72 hours-notice to the owner, to ensure such compliance. If, upon inspection, the Borough concludes that a wireless pole, small cell equipment, and/or small cell facility 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 same, the owner shall have 30 days to bring such wireless pole, small cell equipment, and/or small cell facility into compliance with such standards. Failure to bring same into compliance within said 30 days shall constitute grounds for the removal of the wireless pole, small cell equipment, and/or small cell facility at the owner's expense.
Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the wireless poles, small cell equipment, and/or Small Cell Facilities 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.
Indemnification. All applicants shall be required to execute an indemnification agreement in the form required by the Borough 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.
Fees and escrows for small cell facility licenses.
An application for a license under this chapter shall be accompanied by a payment of a fee of $1,000 for new wireless poles or replacement utility poles and $500 for the co-location of small cell equipment and/or Small Cell Facilities onto existing utility poles and wireless poles.
Pursuant to N.J.S.A. 54:30A-124, the Borough shall recover reasonable professional fees for actual services incurred in the review of applications under this chapter. The applicant shall make a deposit in an escrow for professional fees in the amount of $2,500. If said escrow account contains insufficient funds to enable the Borough to perform its review, the chief financial officer shall provide the applicant with notice of insufficient balance. In order for review to continue, the applicant shall, within 15 days, post a deposit to the account in an amount to be mutually agreed upon.
An annual right-of-way occupancy rate shall be $270 per year per small cell facility and shall be paid within 30 days after construction permits are pulled permitting the construction of same and annually thereafter, with payment being due on the anniversary of the first payment date for the balance of the license term.
Other fees. The applicant shall be subject to any other generally applicable fees of the Borough, such as those required for electrical permits, building permits, or street opening permits, which the applicant shall pay as required in the applicable laws, as well as attachment fees for the use of the Borough owned infrastructure.
Assignment or transfers of small cell facility licenses. Ownership or control of a license issued pursuant to this chapter may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the Borough as expressed by resolution, which shall not be unreasonable withheld.
General indemnification of Borough in connection with small cell facility licenses. Each license grantee shall indemnify and hold the Borough and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.
Revocation or termination of small cell facility licenses.
The Borough may revoke a license granted under this chapter for the following reasons:
Construction or operation without a license.
Construction or operation at an unauthorized location.
Unauthorized substantial transfer of control of the grantee.
Unauthorized assignment of a license.
Unauthorized sale, assignment or transfer of grantee's assets, or a substantial interest therein.
Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Borough.
Abandonment of the wireless pole, small cell equipment, and/or Small Cell Facilities which shall be deemed "abandoned" if it is either disconnected from power service or unused for greater than six months. Abandoned telecommunications facilities shall be removed by the owner. Should the owner fail to remove the telecommunications facility, the Borough may do so at its option, and the costs thereof shall be a charge against the owner.
Insolvency or bankruptcy of the grantee.
Material violation of the Borough's Revised General Ordinances.
In the event that the Borough believes that grounds exist for revocation of a license, it shall give the grantee written notice of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding 30 days to furnish evidence:
The Borough shall consider the apparent violation or noncompliance in a public meeting, with respect to which the grantee shall be given notice and a reasonable opportunity to be heard concerning the matter.
Severability. If any subsection or provision of this section shall be held invalid in any court of competent jurisdiction, the same shall not affect the other subsections or provisions of this section, except so far as the subsection or provision so declared invalid shall be inseparable from the remainder or any portion thereof.