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Surf City City Zoning Code

§ 30-17.6

Application Requirements for Installation of All Nonco-Location and/or Substantial Changes to Wireless Communications Facilities.

a. 
Except as otherwise provided in this section, no wireless communications facilities shall be constructed, erected, or substantially changed unless site plan approval and any and all applicable variances are obtained from the Land Use Board. The following provisions shall apply to applications for such approval.
1. 
Applications for site plans along with any required variances shall be subject to the procedures and requirements of the Municipal Land Use Law and the Borough Code, except as modified herein.
2. 
In granting site plan approval or a variance, the Land Use Board may impose additional conditions consistent with federal and state law to the extent the Land Use Board concludes such are necessary to minimize any adverse effect of the proposed wireless communications facility on adjoining properties.
3. 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the State of New Jersey, if a licensing requirement for that professional exists in New Jersey.
4. 
An applicant for site plan approval or a variance shall submit the information required, a nonrefundable application fee, and an escrow deposit as established by resolution. The application fee and escrows shall be paid as required herein.
5. 
Any tower shall be designed and constructed so as to accommodate at least four antenna arrays of separate wireless communications providers, where such accommodation is technically feasible.
b. 
In addition to any and all information required for applications for site plan approval or a variance pursuant to this section and the Borough Code, applicants for approval for the construction or installation of wireless communication facilities shall submit all of the items identified on the application checklist, along with the following information before the application is certified as complete.
1. 
A completed proscribed application and application checklist for proposed wireless communications facilities.
2. 
The identity of the owner of the property, structure, and/or building and a copy of the lease (with confidential or proprietary information redacted), proof of ownership and authority, and deed for the property.
3. 
A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications 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, topography, parking, and other information as required by this or other Borough ordinances, or as required by the Borough or Board Engineer, to enable comprehensive review of the application.
4. 
Survey of the property, including a Letter of Interpretation from the New Jersey Department of Environmental Protection, signed and sealed by a land surveyor licensed in the State of New Jersey, dated no earlier than 12 months prior to the date of the application.
5. 
The separation distance between the proposed wireless communications facility and the nearest residential unit and/or residentially zoned property.
6. 
The separation distance from other wireless communications facilities described in the inventory of existing sites submitted pursuant to this subsection shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
7. 
A landscape plan showing specific landscape materials and precise locations of proposed landscaping improvements, including, but not limited to, species type, size, spacing, other landscape features, and existing vegetation to be retained, removed, or replaced, which shall be certified by a licensed engineer or certified landscape architect.
8. 
An environmental impact study.
9. 
A plan evidencing compliance with the applicable requirements of this section, including, but not limited to, the architecture, stealth technology requirements, aesthetics, color, camouflage, landscaping, and fencing.
10. 
A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility.
11. 
A written report of the feasible location(s) of future wireless communications facilities that may be erected by the applicant within the Borough based upon existing physical engineering, technological, or geographical limitations in the event the proposed wireless communications facility is erected.
12. 
A visual study, including photographic or topographic plans, identifying a line-of-sight analysis detailing the view of the proposed wireless communications facility from various directions and angles from adjacent areas within a seven-hundred-fifty-foot radius of the proposed wireless communications facility. The analysis shall be utilized to determine buffer requirements.
13. 
Documentation of the results of the crane test, including a line-of-sight survey and photographic result of the crane test with regard to the potential visual and aesthetic impacts of the proposed tower. Such documentation must establish the zone of visibility of the proposed tower.
14. 
Photo-simulations of any proposed tower, which shall include at least one photo-simulation from at least four angles of view of the tower (from the north, east, south and west), taken from ground level at the property line of the proposed site of any tower. Photo-simulations presented to the approving authority shall be in color and a minimum of eight inches by 11 inches in size.
15. 
Documentary and expert evidence regarding the need for the wireless communications facility, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Borough. The evidence shall include a report of the radio frequency engineering analysis of the search area for the wireless communications facility.
16. 
A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind loading requirements as set forth in the Building Officials and Code Administrators ("BOCA") International Code, including a description of the number and type of antennas it is designed to accommodate.
17. 
A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate co-location of additional antenna for future users. If so, a letter of commitment by the applicant to lease excess space on wireless communications facility to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall commit the tower owner and successors in interest.
18. 
Elevations of all existing and proposed structures generally depicting all existing and proposed antennas, towers, platforms, finish materials, as well as all other accessory equipment.
19. 
Inventory of Existing Sites. Each applicant shall provide to the Land Use Board an inventory of its existing wireless communications facilities or sites approved for towers or antennas that are either within the jurisdiction of the Borough or within three miles of the proposed site, whichever is more extensive, including specific information about the location, height, and design of each wireless communications facility. The Borough and the Land Use Board may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate wireless communications facilities within the jurisdiction of the Borough; provided, however, that the Borough and Land Use Board are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
20. 
Identification of the entities providing the backhaul network for the wireless communications facility described in the application and other cellular sites owned or operated by the applicant in the municipality.
21. 
Detailed and certified engineering plans of the wireless communications facility proposed and any and all related equipment.
22. 
Fully executed indemnification and hold harmless agreements prepared by the Borough, which are provided with the application package.
23. 
Documentation that the existing vegetation, trees, and shrubs located within proximity to the wireless communications facility structure shall be preserved to the maximum extent possible.
24. 
A soil report to the Borough complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the tower-based wireless communications facility, and anchors, if used.
25. 
Documentation of compliance with all of the regulations set forth in Subsection 16.53.100.[1]
[1]
Editor's Note: So in original.