Uniform Construction Code; Safety Standards; Standard of Care. Any tower-based wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, foundation, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, National Electrical Safety Code, National Electrical Code, the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Borough Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Borough.

Gap in Coverage. An applicant for a tower-based wireless communications facility must demonstrate that a significant gap in wireless coverage exists with respect to all wireless operators in the applicable area and that the type of wireless communications facility being proposed is the least intrusive means by which to fill that gap in wireless coverage. The existence or nonexistence of a gap in wireless coverage shall be a factor in the Land Use Board's decision on an application for approval of tower-based wireless communications facilities.

Co-location. An application for a new tower-based wireless communications facility outside the ROW shall not be approved unless the Land Use Board finds that the wireless communications equipment planned for the proposed tower-based wireless communications facility cannot be accommodated on an existing or approved structure or building. Any application for approval of a tower-based wireless communications facility shall include a comprehensive inventory of all existing towers and other suitable structures within a two-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Borough that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.

Wind. Any tower-based wireless communications facility structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.

Height. Any tower-based wireless communications facility shall be designed at the minimum functional height and shall not exceed a maximum total height of 100 feet, which height shall include all subsequent additions or alterations. All tower-based wireless communications facility applicants must submit documentation to the Land Use Board justifying the total height of the structure.

Public Safety Communications. No tower-based wireless communications facility shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Maintenance. The following maintenance requirements shall apply:

Radio Frequency Emissions. No tower-based wireless communications facility may, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.

Identification. All tower-based wireless communications facilities shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval by the Land Use Board.

Lighting. Tower-based wireless communications facilities shall not be artificially lighted, except as required by law and as may be approved by the Land Use Board. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

Appearance and Visual Compatibility Requirements.

Noise. Tower-based wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Borough Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.

Aviation Safety. Tower-based wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.

Nonconforming Uses. Nonconforming tower-based based wireless communication facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location, but must otherwise comply with the terms and conditions of this section and this Title 16.

Removal. In the event that use of a tower-based based wireless communication facility is planned to be discontinued, the owner shall provide written notice to the Borough of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned based wireless communication facilities or portions of based wireless communication facilities shall be removed as follows:

Additional Antennae. As a condition of approval for all tower-based wireless communications facilities, the applicant shall provide the Borough with a written commitment that it will allow other service providers to co-locate antennae on tower-based wireless communications facilities where technically and economically feasible. The owner of a tower-based wireless communications facility shall not install any additional antennae without obtaining the prior written approval as required in this section.

Environmental. All tower-based wireless communication facilities shall comply with all applicable environmental regulations.

Visual or Land Use Impact. The Land Use Board reserves the right to deny an application for the construction or placement of any tower-based wireless communications facility based upon visual and/or land use impact.

Inspection. The Borough reserves the right to inspect any tower-based wireless communications facility to ensure compliance with the provisions of this section and any other provisions found within the Borough Code or state or federal law. The Borough and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Borough 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 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Setbacks. The following setback requirements shall apply to all towers:

Separation distance from tower to tower. No tower shall be within 1,500 feet of another tower. Tower separation shall be measured from the base of the tower to the base of the other tower.

Insurance Requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the tower-based wireless communications facility in the minimum coverage amount of $5,000,000 for any one claim and $10,000,000 for any aggregate claim. The insurance policy shall name the Borough as an additional insured. The existence of any available and/or applicable insurance shall not waive or release applicant from the obligations set forth required indemnification agreement included in the application.

Fence/Screen.

Accessory Equipment.

Access Road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to the tower-based wireless communications facility. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless communications facility owner shall present documentation to the Borough that the property owner has granted an easement for the proposed facility.

Bond. Prior to the issuance of a permit, the owner of a tower-based wireless communications facility outside the rights-of-way shall, at its own cost and expense, obtain from a surety licensed to do business in New Jersey and maintain a bond or other form of security acceptable to the Borough Attorney, in an amount of $100,000 to assure the faithful performance of the terms and conditions of this section and this Title 16. The bond shall provide that the Borough may recover from the principal and surety any and all compensatory damages incurred by the Borough for violations of this section, after reasonable notice and opportunity to cure. The owner shall file the bond with the Borough.