Zoneomics Logo
search icon

Hopewell City Zoning Code

§ 12-17B.2

Overall Purposes.

It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communication antennas within the Borough of Hopewell that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Hopewell Borough master plan and zoning ordinance.
It is understood by the Borough of Hopewell that the federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
However, it also is understood by the Borough of Hopewell that the Federal Telecommunications Act of 1996 ("FTA") expressly preserves the zoning authority of the borough to regulate the placement, construction and modification of personal wireless service facilities subject to the six limitations noted at Section 332(c)(7)(B) of the FTA.
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.