Surf City City Zoning Code
§ 30-17.8
Application Requirements for Installation of All Co-Location and Nonsubstantial Change to Wireless Communications Facilities.
a.
An application for development to co-locate or nonsubstantially change wireless communications equipment on a wireless communications support structure shall be subject to review and approval from the Land Use Board. The application must meet the following requirements:
1.
The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.
2.
The proposed application satisfies the federal and state requirements to meet the standard for co-location, as defined in this section.
3.
The proposed co-location and/or change complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to N.J.S.A. 40:55D-1 et seq. or any other applicable law, rule, or regulation.
b.
All applications shall be filed with the Land Use Board which shall review the application to determine whether the application qualifies as a request for co-location, whether the change proposed is nonsubstantial, and/or whether the application requires site plan approval. The Land Use Board shall review the application and advise the applicant within 60 days as to whether the Borough deems that site plan approval is required. If site plan approval is deemed to be required, the applicant shall proceed in accordance with the regulations regarding such approval and the time period for review shall restart in accordance with such regulations upon submission of a site plan application.
c.
All applications shall be submitted to the Land Use Board on the proscribed application and checklist form(s) and shall include the following information.
1.
A completed application and application checklist for wireless communication facilities co-location and nonsubstantial change modifications.
2.
A statement and supporting proofs that the application qualifies as co-location or as a nonsubstantial change.
3.
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, deed for the property, and a copy of the agreement relating to N.J.S.A. 48:3-18.
4.
Applicant's certification that it possesses the legal authority to co-locate and/or change the support structure which may include approvals from the jurisdiction authorizing the initial placement of transmission equipment on the tower or other structure.
5.
Fully executed indemnification and hold harmless agreements prepared by the Borough, which are provided with the application package.
6.
A scaled location 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.
7.
The separation distance between the proposed wireless communications facility and the nearest residential unit and/or residentially zoned property.
8.
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 location 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).
9.
A description of the type and quantity of equipment to be installed.
10.
A description of the number and size of any equipment cabinets to be installed.
11.
A description of any excavation required.
12.
A description of any change in tower height and/or width as a result of the proposed co-location, removal, or replacement.
13.
A plan evidencing the development's compliance with the applicable requirements of this section, including, but not limited to, the architecture, aesthetics, color, and use of stealth technology.
14.
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, including certification from a structural engineer that the existing utility pole or tower is structurally suitable and safe for the co-location and/or nonsubstantial change.
15.
A written report of the feasible location(s) of future wireless communications facilities which may be erected by the applicant within the Borough based upon existing physical engineering, technological, or geographical limitations in the event that the proposed wireless communications facility is erected.
16.
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.
17.
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.
18.
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 BOCA Code, including a description of the number and type of antennas it is designed to accommodate.
19.
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.
20.
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.
21.
Inventory of Existing Sites. 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 User Board are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
22.
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.
23.
Documentation of compliance with all of the regulations set forth in Subsection M.