Protect residential areas and land uses from the potential adverse impacts of towers and antennas;

Encourage the location of towers in nonresidential areas and along major transportation corridors;

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 to configure them in a way that minimizes the adverse visual impact of the 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 communications towers; and

Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.

Notwithstanding anything in this chapter to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under the applicable sections of this chapter and consistent with the visual compatibility requirements of § 190-131 below, shall be a conditional use as set forth in the table of priorities contained herein. When proposed as a conditional use, the applicant shall meet the standards of § 190-132.

Notwithstanding anything in this chapter to the contrary, wireless telecommunications towers consistent with the provisions of § 190-131A, B and C and § 190-132 shall be a conditional use within all zone districts of the Borough.

Notwithstanding anything in this chapter to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the Joint Land Use Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.

Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.

The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.

The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Borough Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.

A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of a wireless telecommunications antenna, but only if:

The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Joint Land Use Board shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at a specific location within the Borough. The applicant shall also provide evidence to the satisfaction of the Joint Land Use Board of all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location.

That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Joint Land Use Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that that applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:

The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless telecommunications network and the alternate network designs identified pursuant to Subsection A above.

Where a suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to co-locate its equipment on such tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to co-locate.

A full and complete description of all alternative technologies not requiring the use of towers or other structures to provide the services to be provided by the applicant through the use of the proposed tower.

That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meets its burden on this issue, the applicant shall provide to the Joint Land Use Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.

Compliance with the Borough standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, Federal Aviation Administration (FAA) or any other governmental agency regulations or requirements.

Minimum lot size: as required by the zone district in which located or two acres, whichever is larger.

Minimum setback of wireless telecommunications tower from:

Minimum setback for equipment compound from any property line: the zone district setback requirements for an accessory building.

Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:

Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.

The site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures and land use designations on the site and abutting parcels.

A landscape plan drawn to scale showing proposed landscaping, including species type, size, spacing, other landscape features and existing vegetation to be retained, removed or replaced (see § 190-13).

A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc., Code or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, titled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended, or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.

A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Borough under the laws of the State of New Jersey. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit and be binding upon the tower owner and successors in interest.

Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.

A copy of the lease or deed for the property.

A plan which shall reference all existing wireless telecommunications facilities in the Borough, any such facilities in the abutting towns which provide service to areas within Milford Borough, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

A three-hundred-sixty-degree perspective of the proposed tower at the proposed location from distances of 1,000 feet, 1/2 mile, one mile and two miles, drawn to an appropriate scale.

The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunication providers (the applicant's, plus two co-locators).

Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.

Lighting.

Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.

Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the co-location of additional antennas on the tower. Such towers may employ camouflage technology.

No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.

Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (ELA/TIA) 222 Revision F Standard, titled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Milford Borough a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc., Code and the ELA/TIA standard referenced above. Such modifications shall be subject to site plan review and approval.

Operators of wireless telecommunications facilities shall notify Milford Borough when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. The removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

Purpose. The purpose of this section is to provide requirements for eligible facilities requests for modifications to an existing tower or base station that do not constitute a substantial change, as defined by 47 C.F.R. Section 1.6100, as may be amended.

Application; review; remedies.