Rockleigh City Zoning Code
ARTICLE XIII
Communication Towers 1
§ 34-44.1 Definitions.
[Ord. No. 2009-01 § 1, adopted 2/10/2009]
As used in this section, the following terms shall have the meanings indicated:
Shall include but not be limited to manmade trees, clock towers, bell steeples and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals) wireless telecommunications signals or other communication signals. Exempted therefrom are towers for the installation of any antenna that is under 30 feet in height and is owned and operated for the exclusive use of a Federally licensed amateur radio operator or is used exclusively as a receive-only antenna.
Shall mean 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.
Shall mean when two or more receiving and/or transmitting facilities are placed together on the same tower or monopole.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean the Mayor and Council of the Borough of Rockleigh, and/or its designated agents, employees and representatives.
Shall mean the Rockleigh Planning Board, whose statutory authority is defined by the Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.
Shall mean, when referring to a tower or other structure, the distance measured from the existing grade or finished grade of the parcel, whichever is more restrictive, to the highest point on the tower or other structure, including any rooftop appurtenance on an existing structure, and including the base pad and any antenna, even if said highest point is an antenna.
Shall mean the Construction Official of the Borough.
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including but not limited to self-supporting lattice towers, guy towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any supports thereto.
Shall mean Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.
§ 34-44.2 Applicability.
[Ord. No. 2009-01 § 2, adopted 2/10/2009]
a.
New Towers and Antennas. All new towers or antennas to be sited in the Borough shall be subject to these regulations.
b.
District Height Limitations. The requirements set forth in this section shall govern the heights of all towers and antennas to be constructed in each zoning district. The height limitations applicable to buildings and structures shall not apply to towers and antenna facilities.
c.
Pre-existing Towers and Antennas. Any wireless communication tower or antenna on which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of § 34-44.3e and f. This includes permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired. Any such towers or antennas shall be referred to in this section as "pre-existing antennas."
§ 34-44.3 General Guidelines and Requirements.
[Ord. No. 2009-01 § 3, adopted 2/10/2009]
a.
Purpose; Goals. The purpose of this section is to establish general guidelines for the siting of wireless communication towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) require, to the extent possible, the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) require, to the extent possible, the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) locate towers and antennas, to the extent possible, in areas where the adverse impact on the community is minimal; (6) 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; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; (8) require that such towers are properly constructed, maintained and dismantled, and that appropriate security is posed to ensure same, and the safety of Borough residents; (9) consider the public health and safety of communication towers; and (10) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Planning Board shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
Owners of existing towers must agree to share (rent) space on their towers with other antenna users seeking to erect such a facility within the Borough irrespective of whether or not they are competitors. Such users shall be subject to a co-user approval by the Planning Board. Reasonable Fair Market Lease Agreements are required. The objectives of this provision are to minimize the number of towers required within the Borough and avoid a proliferation of towers when multiple antennas on one tower are possible.
b.
Principal or Accessory Use. Antennas may be considered either principal or accessory uses, and towers shall be considered a principal use only. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna on such lot, but shall preclude the construction of a tower. For the purpose of determining whether the installation of a tower or antenna complies with zoning regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lots.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of all existing towers, antennas or sites approved for towers or antennas that are both within the jurisdiction of the governing authority and within one mile of the border thereof, including specific information about the location, height and design of each tower. The Planning Board and/or the Borough may disseminate information pursuant to the Right-to-Know Law or any other law or regulation pertaining to the dissemination of public records to any organization seeking to locate antennas within the jurisdiction of the governing authority, provided, however, that the Planning Board or the Borough is not, by disseminating such information, in any way representing or warranting that such sites are available or suitable.
d.
Aesthetics; Lighting. The guidelines set forth in this Subsection d shall govern the aesthetic appearance of all towers and the installation of all antennas governed by this section; provided, however, that the Planning Board may grant variances to these requirements if it determines that the goals of this section are better served thereby and in accordance with the Municipal Land Use Law ("MLUL").
1.
Towers shall maintain a galvanized steel finish, subject to any applicable standards of the FAA, and shall be painted a neutral color so as to reduce visual obtrusiveness. Colors, textures, screening, camouflage and landscaping shall be used to blend the tower facilities to the natural setting and surrounding environment.
2.
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be camouflaged so as to make the antenna and related equipment as visually unobtrusive as possible.
3.
Towers shall not be artificially lighted unless required by the FAA or other applicable authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views and residential areas.
e.
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, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations 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 approvals granted herein shall be unequivocally deemed conditional approvals subject to this provision, or by order of the Borough Construction Official.
f.
Building Codes; Safety Standards. To ensure the structural integrity of all wireless communication towers within the Borough, the owner of each tower shall ensure that the tower is maintained in compliance with standards contained in the State Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the governing authority concludes that a tower 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 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 into compliance within said 10 days, then the Mayor and Council, in conjunction with the Borough Construction Code Official, may order the removal of such tower at the owner's expense, and lien the property for all costs incurred, including professional fees expended.
g.
Signs. No signs or other nonessential accoutrements shall be allowed on any antenna or tower, with the exception of warning signs or other signs required by Federal, State or local law.
h.
Buildings and support equipment associated with the antennas or towers shall comply with the requirements of § 34-44.7.
i.
Access Road. All access roads leading to the tower and antennas area shall be paved with asphalt. The access road shall include an area for sufficient parking and turnaround radius for at least one vehicle.
j.
Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section, and shall not be regulated or permitted as essential services, public utilities, or private utilities.
k.
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough have been obtained, and shall file a copy of all required franchises with the Clerk of the Borough, who shall distribute copies of same to the Borough Construction Official and Building Department.
l.
Maximum Tower Height. The maximum height of any tower shall not exceed ninety (90) feet except when more than one set of commercial transmitting/receiving antennas are co-located on a tower, the total height of the tower shall not be greater than one hundred ten (110) feet. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.
m.
Minimum Front Yard Setback. Fifty feet or the height of the structure, whichever is greater.
n.
Minimum Rear Yard Setback. Fifty feet or the height of the structure, whichever is greater.
o.
Minimum Site Yard Setback. Fifty feet or the height of the structure, whichever is greater.
p.
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of municipal, County and State jurisdictional boundaries.
q.
Any generator located on the site shall be within a completely enclosed soundproof structure suitable to house such equipment. All fuels shall be contained in accordance with NJDEP requirements.
r.
Towers should be freestanding monopole structures without significant cross-braces or other visible supporting devices. Lattice structure towers shall not be permitted.
s.
Noise levels at any property line shall be not more than 50 decibels.
§ 34-44.4 Permitted Location.
[Ord. No. 2009-01 § 4, adopted 2/10/2009]
a.
General. The uses listed in this subsection are deemed to be permitted uses and shall require major site plan approval and the consent of the Governing Body of the Borough. Nevertheless, all such uses shall comply with the requirements set forth under § 34-44.3, Subsections d through o and all other applicable ordinances.
b.
Specific Permitted Uses. The following uses are specifically permitted:
1.
Locating a tower, including the placement of supporting equipment used in connection with said tower, shall be permitted on property owned, controlled or leased by the Borough, except on Green Acres funded property or conservation-designated property and provided, however, that such tower shall be set back a distance of 800 feet from a residential zone. Any other placement shall be considered a use variance anywhere else.
The Borough must consent in writing to its property being used for communication facilities. No communications tower shall be erected or operated within the Borough on its property except pursuant to an approval, lease and license issued by the Borough and entered into between the operator or the facility and the Borough.
2.
All users of Borough property shall be obligated to post a bond either in cash, certificate of deposit, or performance bond issued by a bond company licensed to do business in the State of New Jersey in an amount equal to the cost of the improvements placed upon the premises as determined by the Tax Assessor of the Borough. This bond shall remain in effect until the use of the property is terminated by the user.
3.
Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower or other freestanding structure) that is no less than 60 feet in height, as long as said antenna adds no more than 30 feet to the height of said existing structure; provided, however, that the aforesaid height restrictions shall not apply to any structures owned by the Borough; and
§ 34-44.5 Approvals.
[Ord. No. 2009-01 § 5, adopted 2/10/2009]
a.
The Planning Board has exclusive jurisdiction pursuant to the MLUL and this section.
b.
Each applicant for approval shall apply to the Planning Board providing the information required in this section, together with a nonrefundable fee as established by resolution of the Planning Board to reimburse the Borough of Rockleigh for the costs of reviewing the application.
c.
The Planning Board shall review the application and determine if the proposed use complies with the provisions of this section.
§ 34-44.6 Application Information.
[Ord. No. 2009-01 § 6, adopted 2/10/2009]
a.
Applicability. If the tower or antenna is not a permitted use under § 34-44.4, then the applicant shall be required to submit its application to the Planning Board for a use variance, pursuant to N.J.S.A. 40:55D-1 et seq., which shall have jurisdiction over the application.
1.
In granting a use variance, the Planning Board may impose conditions to the extent the Board concludes that such conditions are necessary to minimize any adverse effect of the proposed tower or antenna facility on adjoining properties.
2.
Upon filing of an application under this section all proofs of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer. Reports submitted by Radiofrequency "RF" experts shall be exempt from this requirement but, the entity submitting such an "RF" Report must hold a valid Certificate of Authorization issued by the State of New Jersey pursuant to N.J.S.A. 45:8-56 et seq.
3.
An applicant seeking a use variance shall submit the information described in this subsection, together with an amount to be deposited into escrow to reimburse the Borough for the costs of reviewing the application.
4.
Any application under this section shall require public notice to property owners and legal advertisement pursuant to the Municipal Land Use Law of the State of New Jersey.
b.
Information Required. Each applicant requesting any approval under this section shall submit the following information:
1.
A scaled site plan clearly indicating the location, type and height of the proposed tower or antennas, on-site land uses and zoning, adjacent land uses and zoning (including, when adjacent to other municipalities, Master Plan classification of the site), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower or antennas and any other structures, topography, parking and other information deemed by the Planning Board to be necessary to assess compliance with this section.
2.
Legal description of the parent tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower or antennas and the nearest residential unit, or the nearest residentially zoned land, whichever is more restrictive.
4.
The separation distance from other towers and antennas described in the inventory of existing sites submitted pursuant to § 34-44.3c shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and antennas and the owner/operator of the existing towers(s) and antennas.
5.
A landscape plan showing specific landscape materials.
6.
Method of fencing, finished color, camouflage and illumination.
8.
A notarized statement supported by appropriate engineering and supporting data demonstrating how the construction of the tower or antenna facility will accommodate collocation of additional antennas for future reference.
9.
Identification of the entities providing the backhaul network for the tower(s) or antennas described in the application and other cellular sites owned or operated by the applicant in the inventory submitted pursuant to § 34-44.3c.
10.
A description of the suitability of the use of existing towers, antenna sites or other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower or antennas.
11.
Line of sight analysis detailing the view of the proposed tower or antennas from various directions and angles from adjacent residential areas. The analysis shall be utilized to determine buffer requirements.
12.
Any other information deemed by the Planning Board to be necessary to assess compliance with the MLUL and this section.
c.
Factors Considered in Granting Use Variances. The Planning Board shall consider the following factors in determining whether to issue a use variance:
1.
Height of the proposed tower;
2.
Proximity of the tower to residential structures and residential district boundaries;
3.
Nature of uses on adjacent and nearby properties;
4.
Surrounding topography;
5.
Surrounding tree coverage and foliage;
6.
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
7.
Proposed ingress and egress; and
8.
Availability of suitable existing towers and other structures as discussed in § 34-44.6d of this section.
9.
Satisfaction of statutory and New Jersey Case Law criteria for the obtainment of a use variance;
d.
Availability of Suitable Existing Towers or Other Structures. No new tower or antennas shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, antenna site, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed tower or antennas. Evidence submitted to demonstrate that no existing tower, antenna site, or structure can accommodate the applicant's proposed tower or antenna may consist of any of the following:
1.
No existing towers, antenna sites or structures are located within the geographic area required to meet applicant's engineering requirements.
2.
Existing towers, antenna sites or structures are not of sufficient height to meet applicant's engineering requirements.
3.
Existing towers, antenna sites or structures do not have sufficient structural strength to support applicant's proposed tower or antennas and related equipment.
4.
The applicant's proposed tower or antenna would cause electromagnetic interference with the antennas on the existing towers, antenna sites or structures, or the antennas on the existing towers or structures would cause interference with the applicant's proposed tower or antenna.
5.
The applicant demonstrates that there are other significant limiting factors that render existing towers, antenna sites and structures unsuitable.
6.
The applicant shall have the affirmative obligation of proving that it has attempted to enter into a contract with the owners of the existing towers, antenna sites and structures:
(a)
This obligation shall include copies of all correspondence as to rates, cost of contributions, etc.
(b)
This obligation shall include copies of rejection of the offers propounded on the applicant by the owners of the existing structures, antenna sites and/or towers.
(c)
This obligation shall include written cost proposals indicating actual quoted figures required by the owner of the existing structures, antenna sites and/or towers.
(d)
A detailed cost analysis indicating the cost to the applicant to construct a new tower, antennas and/or structure.
7.
The applicant shall further demonstrate that an alternative technology that does not require the use of towers, antennas or structures, such as a cable micro cell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
e.
Security Fencing. Towers shall be enclosed by security fencing not less than eightfeet in height, and shall be slatted and equipped with an appropriate anti-climbing device.
f.
Landscaping. The following requirements shall govern the landscaping surrounding the towers for which any approval under this section is required.
1.
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent property. The standard buffer shall consist of a landscaped strip at least four feet wide and 15 feet high outside the perimeter of the compound.
2.
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
§ 34-44.7 Bulk Standards for Buildings and Other Equipment Storage.
[Ord. No. 2009-01 § 7, adopted 2/10/2009]
a.
Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with an antenna facility shall comply with the following:
1.
The cabinet or structure shall not contain more than 200 square feet of gross floor area, or be more than 15 feet in height. In addition, for buildings and structures which are less than 60 feet in height, the related unmanned equipment structure, if over 150 square feet of gross floor area or 12 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
2.
If the equipment structure is located on the roof of the building, then the area of the equipment structure and other equipment and structures shall not occupy more than fifteen (15%) percent of the roof area.
3.
Equipment storage buildings or cabinets shall comply with all applicable building codes.
4.
Equipment storage buildings or cabinets shall be sufficiently insulated so that any noise generated from the equipment shall not exceed 50 decibels at the property line.
b.
Antennas Located on Towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 15 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.
§ 34-44.8 Letter of Intent.
[Ord. No. 2009-01 § 8, adopted 2/10/2009]
A Letter of Intent shall be provided by all applicants seeking approval to construct a wireless communication tower, committing the tower owner and its successors to allow the shared use of the tower if additional users agree in writing to meet reasonable terms and conditions for shared use, and that the tower owner acknowledges and agrees that its successors and/or individual users shall be bound and will conform to the requirements of this section, as applicable.
§ 34-44.9 Nonoperation.
[Ord. No. 2009-01 § 9, adopted 2/10/2009]
Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned; and the owner of such antenna or tower shall remove same within 90 days of receipt of notice from the Borough Construction Department notifying the owner of such abandonment. If such antenna or tower is not removed within said ninety-day period, the Mayor and Council may order the removal of such antenna or tower at the owner's expense, and lien the property for the costs associated therewith, inclusive of professional fees. 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 the tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties.
§ 34-44.10 Nonconforming Uses.
[Ord. No. 2009-01 § 10, adopted 2/10/2009]
a.
Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist, subject however to the provisions of § 34-44.3e and f. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall be performed in compliance with the requirements of this section.
b.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain approval. The type, height and location of the tower on-site shall be of the identical type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes, and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 34-44.9.
§ 34-44.11 Approvals; Compliance with Laws.
[Ord. No. 2009-01 § 11, adopted 2/10/2009]
The applicant's use of the premises is contingent upon its obtaining all certificates, permits, zoning and other approvals that may be required by any Federal, State or local authority. The applicant shall erect, maintain and operate its antenna facilities in accordance with site standards, statutes, ordinances, rules and regulations now in effect, or that may be issued hereafter by the Federal Communications Commission or any other governing bodies. Should any conflict arise between local zoning ordinances and rules or regulations promulgated by the F.C.C., the F.C.C. rules and regulations shall govern.
§ 34-44.12 Fees.
[Ord. No. 2009-01 § 12, adopted 2/10/2009]
a.
All wireless telecommunication towers and antenna facilities within the Borough, which are used to provide any telecommunication services for a fee, are required to be registered by the owner of the tower or antenna facility with the Borough. The registration forms shall be provided by the Building Department. A fee of $400 plus $1 for each foot of tower or antenna height of the tallest antenna shall be charged for the registration.
b.
Each owner shall inform the Borough within 60 days of any changes to the information set forth in the registration form.
c.
The registration of all wireless telecommunication towers and antenna facilities must be renewed on an annual basis, and no later than January 31st of each year. The registration form must be accompanied by the fee to be accepted. The tower/antenna owner shall submit the registration form and fee to the Borough Construction Department for review and processing.
d.
A late fee of $100 shall be charged for each month that the registration and accompanying fee is not received by the Borough.
e.
An applicant who co-locates on an existing tower or antenna facility shall pay a reduced renewal registration fee of $200. The registration fee of the owner of the tower or antenna facility on which another provider co-locates shall be reduced to $200 plus $100 for each foot of tower or antenna height of the tallest antenna. Said reduction shall commend in the year following the co-location.
§ 34-44.13 Severability.
[Ord. No. 2009-01, adopted 2/10/2009]
a.
If any provision of this section or the application of said provision to any person or circumstance is declared invalid, such invalidity shall not affect the remaining section of this section;
b.
This section and the provisions herein are declared to be severable;
c.
If any provisions of this section or the application of such provision to any person or circumstance is declared unconstitutional, same shall not affect the remaining provisions of this section;
d.
All ordinances or part thereof inconsistent herewith are hereby repealed to the extent of such inconsistencies of this section and to this end the provisions of this section are declared to be severable.
§ 34-44.14 Applicable Laws.
[Ord. No. 2009-01 § 14, adopted 2/10/2009]
The applicant shall, at its expense, comply with all present and future Federal, State and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety) in connection with the use, operation, maintenance, construction and/or installation of the antenna facilities and/or the premises. The Borough agrees to reasonably cooperate with the applicant in obtaining, at applicant's expense (including the Borough's reasonable attorney and administrative fees), any Federal licenses and permits required for or substantially required by the applicant's use of the premises.
§ 34-44.15 Enforcement; Hold Harmless; Penalties.
[Ord. No. 2009-01 § 15, adopted 2/10/2009]
a.
The provisions of this section will be enforced by the Borough Construction Official.
b.
The owner of any tower or antenna facility shall indemnify and hold the Borough harmless against any and all claims, suits, cause of action or judgments arising from any injury, including death or damage caused by the construction and operation of the tower or antenna facility.
c.
Any person, firm, or corporation who violates any of the provision of this section, or any amendment or supplement thereof, shall be deemed guilty of a violation and, upon conviction thereof in a court of competent jurisdiction, shall be fined not less than $500 or imprisonment in the County Jail for a period not to exceed 90 days or both, in the discretion of the Court. Each and every day during which such violation, illegal location, erection, construction, reconstruction, enlargement, change, maintenance or use continues shall be deemed a separate offense.
d.
All facilities shall be inspected annually by the appropriate designated representative of the Borough to determine the structural integrity of the facility and whether the facility is detrimental to the health, safety and welfare of the residents of the Borough. Any facility which is determined to be detrimental to the health, safety and welfare of the residents of the Borough shall be removed immediately at the direction of the Mayor and Council.
§ 34-44.16 Repealer.
[Ord. No. 2009-01 § 16, adopted 2/10/2009]
Any ordinance or part thereof in conflict with the provisions of this section are hereby repealed to the extent of such conflict.
§ 34-44.17 Effective Date.
[Ord. No. 2009-01 § 17, adopted 2/10/2009]
This section shall take effect immediately after the first publication thereof after final passage and filing with the Bergen County Planning Board and the Borough Tax Assessor.