Uniform Construction Code; Safety Standards; Standard of Care. Any wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of the 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 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.

Wind. Any co-location of and changes to wireless communications facilities 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.

Public Safety Communications. No co-location of and changes to wireless communications facilities shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Aviation Safety. Co-location of and changes to wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.

Radio Frequency Emissions. No co-location of and changes to wireless communications facilities may, by themselves 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.

All wireless communications facilities and structures shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of the latest stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. The wireless communications facility, structure, antenna, and all related equipment shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.

Separation distance from wireless communications facilities and antenna. No wireless communication facility or antenna shall be within 500 feet of another. The separation shall be measured from the base of the utility pole to the base of the other utility pole.

Noise. 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.

Historic Buildings or Districts. No wireless communications facility may be located within 150 feet of any building or structure that is listed on either the National or New Jersey Registers of Historic Places or the official historic structures and/or historic districts list maintained by the Borough, or has been designated by the Borough as being of historic significance.

Visual Impact and Safety. The Borough reserves the right to deny an application for the construction or placement of any wireless communications facilities based upon visual and/or land use impact, and require design modification as a pre-condition to approval. No co-location or nonsubstantial changes shall be permitted in any site triangle or otherwise interfere with site lines and/or the public health, welfare, and safety.

Removal. In the event that use of the co-located or changed is 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 wireless communications facilities or portions of wireless communications facilities shall be removed as follows:

Maintenance. The following maintenance requirements shall apply:

Bond. Prior to the issuance of a permit, the owner of each individual non-tower wireless communications facility 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 $25,000 for each individual non-tower wireless communications facility, to assure the faithful performance of the terms and conditions of this section. 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 a copy of the bond with the Borough.

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.

Insurance Requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the wireless communications facility in the minimum coverage amount of $1,000,000 for any one claim and $3,000,000 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.