The Borough recognizes that the federal government, through the FTA and FCC, regulates wireless communications and issues licenses for wireless communications and that the FCC requires the license holders to provide coverage within the areas so licensed.

The FTA expressly preserves the zoning authority of the Borough to regulate the placement, construction and modification of personal wireless service facilities subject to the provisions noted at Section 332(c)(7)(B) of the Federal Telecommunications Act of 1996.[1]

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 communications services in the area.

It is in the public interest to minimize the number of wireless communications towers within the Borough and to preserve the nature and character of the local community.

It is in the public interest that, to the extent possible, any new facilities for wireless communications be placed on existing towers without the construction of new towers.

It is in the public interest that wireless communications carriers co-locate their facilities with each other.

The overall objective of this section is to allow the provision of wireless communications services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible and only in those locations which do not negatively impact the prevailing character of the Borough and the quality of life enjoyed by the residents.

To minimize the total number of wireless communications towers within the Borough;

To limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough;

To safeguard the prevailing and visual landscapes, character and development throughout the Borough, with particular emphasis on maintaining the prevailing character of the residential zoning districts and neighborhood areas;

To discourage the construction of new towers;

To encourage the location of antennas upon or within existing structures, including existing towers, buildings and tanks;

To encourage the co-location of antennas and facilities on the fewest number of existing structures within the Borough;

To encourage the communications carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, landscape screening and innovative camouflaging techniques;

To encourage the use of alternative technologies which do not require the use of towers or require towers at relatively lesser heights;

To enhance the ability of wireless communications carriers who adhere to the letter and intent of the provisions of this section to provide such services quickly, effectively and efficiently;

To comply with the mandate of the FTA, 47 U.S.C. § 332(c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics; and

To ensure that the location and positioning of towers protects the public from damage or injury and protects the public health, safety and welfare from adverse impacts related to the construction and operation of towers and other wireless communications facilities.

Priority locations. The first priority locations for wireless communications antennas shall be on the existing towers and tanks within the Borough. Antennas so located shall be permitted uses and require site plan approval. No height variance shall be required.

Nonpriority locations. All proposed wireless communications facilities not located at a priority location shall be considered as a nonpriority location. Antennas so located are not a permitted use and will require use variance approval as well as site plan approval.

Notwithstanding any provision of the Land Development Ordinance provisions of the Borough to the contrary, location and height of antenna(s) on or within any of the existing structures within the Borough and any accessory shelters enclosing the related electronic equipment shall be considered permitted uses in the subject zoning district and, therefore, shall require site plan approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law.

The location and height of the antenna(s) on or within any of the existing structures within the Borough and any accessory shelter(s) enclosing the related electronic equipment shall require site plan approval.

The height of any proposed antenna extending above any existing structure shall not exceed 10 feet, and all antennas shall be flush-mounted, panel or dish antennas totaling no more than 12 in number per carrier.

The total number of antennas per tower, inclusive of all carriers, shall not exceed 60 antennas.

Any and all facilities constructed shall maximize the use of materials, colors and textures designed to blend with the structure to which it may be affixed and to blend with, to the extent practicable, the surrounding buildings and area.

An overall comprehensive plan in accordance with Subsection I below;

An indication of conformance with the conditions set forth in Subsections J, K and L, below;

Crane or balloon test. During the public hearing process, the applicant shall schedule the time for a crane or balloon test in order to provide the members of the Planning Board or Zoning Board of Adjustment, as the case may be, and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Board, including photographic reproductions of the crane or balloon test graphically simulating the appearance of the proposed tower with at least three antenna arrays attached thereto and from at least 10 locations around and within one mile of any proposed tower where the tower will be most visible.

In order to effectuate the purposes, objectives and goals of the provisions of this section, any applicant for approval to erect a new supporting tower for wireless communications antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within the Borough at the time full service is provided by the applicant.

The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service within and around the Borough and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within and around the Borough.

The overall comprehensive plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:

The proposed tower, antennas and ancillary related electronic equipment shall be located on a land area of no less than 15,000 square feet;

The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;

The proposed tower, antennas and related equipment, any approved building housing the electronic equipment and any approved camouflaging of the tower shall be the only land uses located on the subject land area, whether said land area is a separate lot or a leased portion of a lot; and

Except for any access driveway into the property, required landscaping and any underground utility line reviewed and approved by the Planning Board or Zoning Board of Adjustment, as appropriate, no building, tower, other structure and/or disturbance of land shall be permitted within 200 feet of any street line and within 500 feet of any lot line of any adjacent property, provided that, in any case, no building, tower, other structure and/or land disturbance shall be located within 750 feet of any historic residential or school site as duly designated by the Borough, the State of New Jersey and/or by the federal government.

All towers shall be a monopole design.

All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or non-oversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Borough and the existing land uses and vegetation in the vicinity of the subject site.

The height of any proposed new tower and the antennas attached thereto shall not exceed 125 feet from the existing ground level beneath the tower.

No signage is permitted except for such information signs deemed necessary for safety purposes by the Board.

Minimal off-street parking shall be permitted as needed and as specifically approved by the Board.

No lighting is permitted on a tower, except lighting that is specifically required by the FCC and FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide the Board all applicable FCC and FAA standards regarding lighting that apply to a proposed tower, including, but not limited to, the lighting color, elevation of lighting and whether the lighting is to be continuous or strobe lighting.

Individual shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:

Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:

Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met;

Co-location. A statement by the applicant that the owner of the tower and the operator of the wireless communications facilities, and his or her successors in interest, shall negotiate on good faith for the shared use of the proposed tower by other wireless communications service providers in the future and shall reasonably respond to requests for information regarding potential co-location by other wireless communications carriers and shall permit such co-location upon reasonable terms and conditions; and

The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurance satisfactory to the Planning Board or Zoning Board of Adjustment, as the case may be, in a form approved by the Borough Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all of the other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any wireless communications facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.

To the greatest extent possible, no tower shall be located to be visible from any historic site as duly designated by the Borough, by the State of New Jersey and/or by the federal government.

To the greatest extent possible, no tower shall be located to be visible from any public street.

To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographical elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.