Surf City City Zoning Code
§ 30-17.11
Tower-Based Facilities Inside Rights-of-Way.
No new wireless communications support structures shall be permitted in any ROW, except that pursuant to federal law and N.J.S.A. 40:55D-46.2, existing, approved utility poles approved by the appropriate authority for public utilities and new utility poles approved by the appropriate authority for public utilities in the rights-of-way located in the Business Zone alone may be used for the co-location of wireless communications facilities, provided they are not located within 50 feet of any residential zone or residential lot line. No co-location shall be permitted in any Residential Zoning District ROW. The following regulations shall apply to such tower-based wireless communications facilities located in the ROW.
a.
Time, Place and Manner. The Borough shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all tower-based wireless communications facilities in the ROW based on public safety, traffic management, physical burden on the ROW, and related considerations.
b.
Equipment Location. Tower-based wireless communications facilities and accessory equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise create safety hazards to pedestrians and/or motorists or to otherwise inconvenience public use of the ROW as determined by the Land Use Board. In addition:
1.
In no case shall ground-mounted equipment, walls, or landscaping be located within 18 inches of the face of the curb;
2.
Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, through the use of landscaping, stealth technology, or other decorative features to the satisfaction of the Borough;
3.
Required electrical meter cabinets shall the screened to blend in with the surrounding area and employ stealth technology to the satisfaction of the Borough;
4.
Any graffiti on the tower or on any accessory equipment shall be removed at the sole expense of the owner within 10 business days of notice of the existence of the graffiti; and
5.
Any underground vaults related to tower-based wireless communications facilities shall be reviewed and approved by the Borough.
c.
Relocation or Removal of Facilities. Within 60 days following written notice from the Borough, or such longer period as the Borough determines is reasonably necessary or such shorter period in the case of an emergency, an owner of tower-based wireless communications facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless communications facility when the Borough, consistent with its police powers and applicable regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances:
1.
The construction, repair, maintenance or installation of any Borough or other public improvement in the right-of-way;
2.
The operations of the Borough or other governmental entity in the right-of-way;
3.
Vacation of a street or road or the release of a utility easement; and/or
4.
An emergency as determined by the Borough.