B.Â
The following conditional use standards shall be applicable to churches and other houses of worship as noted in Schedule 1 herein.[1]
[1]
Editor's Note: Schedule 1 is included at the end of this chapter.
All public services shall be connected to approved
public utilities systems where they exist. The distribution supply
lines and service connections shall be installed underground, except
that lots which abut streets with existing overhead electric or telephone
lines may be supplied from those overhead lines, but the service connections
shall be installed underground. Should a road widening or extension
of service occur as a result of the development, any replacement,
relocation or extension of existing overhead lines shall be underground.
A.Â
Public utility services. Such uses shall include electric
substations, transformers, switches and auxiliary apparatus serving
a distribution area and water pumping stations in R Districts, and
shall be subject to the following regulations:
(1)Â
Such facilities shall not be located on a residential
street, unless no other site is available, and shall be so located
to draw a minimum of vehicular traffic to and through such streets.
(2)Â
The location, design and operation of such facility
may not adversely affect the character of the surrounding residential
area.
A.Â
Such uses shall be limited to the erection, construction,
alteration or maintenance by public utilities or municipal or other
governmental agencies of underground or overhead electrical, gas,
television, cable systems, water transmission or distribution systems
or collection, communication, supply or disposal systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment and accessories in connection therewith reasonably
necessary for the furnishing of adequate services by such public utility
or municipal or other governmental agencies or for the public health
and safety or general welfare, but not including buildings. Open essential
services shall not include any human or animal fecal matter or material.
A.Â
The purposes of this section are to implement the
land use regulations of the New Jersey Department of Environmental
Protection for floodways and flood-fringe areas; to discourage construction
and regrading in flood hazard areas; to prevent encroachments into
flood hazard areas which would obstruct or constrict the area through
which water must pass and to prevent pollution of watercourses during
low- or high-water periods by preventing the placing or storing of
unsanitary or dangerous substances in flood hazard areas.
B.Â
The flood hazard design elevation shall be shown on
the plat based upon stream encroachment line data from the Division
of Water Resources or the flood elevation based on a one-hundred-year
storm frequency. At the expense of the landowner, the precise location
of the floodway and flood-fringe area may be determined by field survey
and shall be marked on the ground and on the plat. Where state or
federal agencies delineate by contours the flood hazard design elevation,
said report shall be the delineated flood hazard area as if published
in this chapter.
C.Â
No improvement in a floodway shall be permitted unless
it is a permitted use, plat approval has been granted and a floodway
permit has been issued by the New Jersey Department of Environmental
Protection, Division of Water Resources.
D.Â
No improvement in a flood-fringe portion of the flood
hazard area shall be permitted unless it is a permitted use and plat
approval has been granted.
E.Â
Permitted uses in a flood-fringe area shall be as
follows, provided that they are permitted uses in the district in
which they are located:
(1)Â
Industrial/commercial lawns; loading areas and parking
areas.
(2)Â
Golf courses, improved courts and playing fields,
swimming areas, boat launching ramps, picnic and camping facilities,
and open space uses such as hiking trails.
(3)Â
Residential lawns, gardens, parking areas and play
areas.
(4)Â
Public lawns, parking areas, play and recreation areas.
F.Â
The applicant shall submit maps, reports and other
appropriate documents permitting the approving authority to evaluate
whether the proposal has an inherent low-flood-damage potential, does
not obstruct flood flows or increase flood heights and/or velocities,
has no floor level less than one foot above the flood hazard design
elevation, does not adversely affect the water-carrying capacity of
any floodway and/or channel, does not increase local runoff and erosion,
does not require channel modification or relocation, does not require
fill or the erection of structures, and does not include the storage
of equipment and materials.
A.Â
No gas station shall have an entrance or exit for
vehicles within 200 feet along the same side of a street of any school,
park, playground, church or other house of worship, library or other
public building or institution.
B.Â
There shall be a minimum of 1,500 feet between a gas
station along the same side of any street or highway. The distance
shall be measured along the shortest street or highway between the
nearest portions of the property lines of the two lots in question.
C.Â
No gas station shall be permitted where any oil draining
pit or visible appliance for any purpose, other than gas pumps and
air pumps, is located within 30 feet of any front lot line or within
75 feet of any residential district. All such appliances or pits,
other than gas and air pumps, shall be within a building. Gasoline
and air pumps shall be permitted within the required front yard space
for gas stations, both shall be no closer than 20 feet to the front
lot line.
D.Â
No junkyards or premises used for storage of junked
motor vehicles or vehicles incapable of normal operation shall be
permitted at gas station or repair garages within the Village of Ridgefield
Park. It shall be deemed prima facie evidence of violation of this
chapter if more than three motor vehicles incapable of operation are
located at any one time upon any premises not within a closed and
roofed building and if any scrap metal or other junk is stored upon
any premises. Nothing within a closed and roofed building, excepting,
however, that a number not exceeding six motor vehicles may be located
upon any gas station or repair garage premises outside of a closed
or roofed building for a period of time to exceed 48 hours and provided
said vehicles are awaiting repair by the owners thereof.
All motor vehicle body shops shall comply with
the following requirements:
A.Â
Only one such principal use shall be permitted on
a lot, which lot shall have a minimum lot area of at least 200% greater
than the minimum required lot area of the zone district in which it
is located.
B.Â
All property boundaries shall have a densely landscaped
buffer at least 10 feet wide. Buffers adjacent to any residential
district shall have a minimum width of 25 feet and shall be suitably
fenced.
C.Â
All garage door or interior bay access shall face
and be oriented toward the property's side lot line, except where
such side yard faces and is adjacent to a residential use.
D.Â
Motor vehicles under repair shall be kept either within
the principal building or outside within a fenced and screened compound.
No vehicle shall remain on site for more than 30 days.
E.Â
Improved lot coverage, including paved areas, used
parts and scrap storage shall not exceed 50% of the total lot area.
F.Â
Building coverage shall not occupy more than 20% of
the total lot area.
G.Â
Additional parking spaces shall be provided on site
as follows: one space for each employee and two spaces for customer
estimates and 10 spaces for vehicles that are being repaired.
[Added 11-25-2003 by Ord. No. 03-7]
A.Â
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
CO-LOCATION
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
MOUNT
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS and PREEXISTING ANTENNAS
RADIO FREQUENCY (RF) ENGINEER
RADIO FREQUENCY RADIATION (RFR)
STEALTH DESIGN
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Man-made trees, clock towers, bell steeples, flagpoles, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing and ventilation and other mechanical
equipment, and interconnect in the cabling runs and their support
structures.
Any exterior apparatus designed for telephonic, radio or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas used for satellite
communications shall not be included within this definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
The area surrounding telecommunications towers and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communications service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross bracing of structural steel.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following three types of mounts:
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
Any tower or antenna which has been lawfully erected prior
to the effective date of this section, including permitted towers
or antennas that have been approved but have not yet been constructed
so long as such approval is current and not expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
The emissions from personal wireless service facilities or
any electromagnetic energy within the frequency range from 0.003 MHZ
to 300,000 MHZ.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not transmission towers.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996, which includes FCC-licensed commercial
wireless telecommunications services including cellular, personal
communications services (PCS), specialized mobile radio (ESMR), paging,
and similar amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
B.Â
Purpose and intent.
(1)Â
The purpose of this section is to establish guidelines
for the siting of wireless telecommunications towers and antennas
and ancillary facilities. The goals of this section are to:
(a)Â
Protect residential areas and land uses from
potential adverse impacts of towers and antennas;
(b)Â
Encourage the location of towers on municipally
owned property where appropriate or in other nonresidential areas;
(c)Â
Minimize the total number of towers throughout
the community;
(d)Â
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers;
(e)Â
Encourage the use of existing buildings, telecommunications
towers, light or utility poles and/or towers, or water towers as opposed
to construction of new telecommunications towers;
(f)Â
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(g)Â
Ensure that all telecommunications facilities,
including towers, antennas and ancillary facilities, are located and
designed to minimize the visual impact on the immediate surroundings
and throughout the community by encouraging users of towers and antennas
to configure them in a way that minimizes the adverse visual impact
of the towers and antennas through careful design, siting, landscape
screening, and innovative camouflaging techniques;
(h)Â
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently;
(i)Â
Consider the public health and safety of telecommunications
towers; and
(j)Â
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2)Â
In furtherance of these purposes, the Village of Ridgefield Park shall give due consideration to the Village Master Plan, Zoning Map,[1] existing land uses, and environmentally sensitive areas
in approving sites for the location of towers and antennas.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.Â
Applicability.
(1)Â
New towers and antennas. All new telecommunications
towers or antennas in the Village of Ridgefield Park shall be subject
to these regulations.
(3)Â
District height limitations. The requirements set
forth in this section shall govern the location of telecommunications
towers that exceed and antennas that are installed at a height in
excess of the height limitations specified for each zoning district.
(4)Â
Public property. Antennas or towers located on property
owned, leased or otherwise controlled by the governing authority shall
be encouraged, provided a license or lease authorizing such antenna
or tower has been approved by resolution by the governing authority.
Said approved publicly owned sites utilized for the purpose of constructed
towers and/or antennas shall be treated as engaging in a conditional
use under this section.
(5)Â
Amateur radio station operators/receive-only antennas.
This section shall not govern any tower or the installation of any
antenna that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(6)Â
Satellite dish antennas. This section shall not govern
any parabolic dish antennas used for transmission or reception of
radio signals associated with satellites.
D.Â
General requirements.
(1)Â
Principal or accessory use. Notwithstanding any other
land use regulation, a different existing structure on the same lot
shall not preclude the installation of an antenna or tower on such
lot. If a tower and its appurtenant structures constitute the sole
use of the lot, the tower shall be deemed to be the principal use;
otherwise the use shall be considered accessory.
(2)Â
Leased area. For purposes of determining whether the
installation of a tower or antenna complies with zone regulations,
including but not limited to setback requirements, lot-coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control even though the antennas or towers may be located on lease
parcels within such lot.
(3)Â
State or federal requirements. All towers must meet
or exceed current standards and regulations of the FAA, the FCC and
any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within 90 days of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner's expense.
(4)Â
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association and Telecommunications
Industry Association, as amended from time to time. If, upon inspection,
the Village of Ridgefield Park 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.
(5)Â
Nonessential services. Telecommunications towers and
antennas shall be regulated and permitted pursuant to this section
and shall not be regulated or permitted as essential services, public
utilities or provided utilities.
(6)Â
Inventory of existing structures. Each applicant for
an antenna and/or tower shall provide to the Zoning Officer an inventory
of all existing towers, antennas or sites approved for towers or antennas
that are either within the jurisdiction of the Village of Ridgefield
Park or within three miles of the border thereof, including specific
information about the ownership, location, height and design of each
tower. The Zoning Officer may share such information with other applicants
applying for approvals under this section or other organizations seeking
to locate antennas within the jurisdiction of the Village of Ridgefield
Park; provided, however, that the Zoning Officer is not, by sharing
such information, in any way representing or warranting that such
sites are available or suitable.
(7)Â
Co-location required. The Village of Ridgefield Park mandates that carriers co-locate antennas on towers and other structures whenever possible. See Subsection G for co-location requirements.
(8)Â
Conditional use. All telecommunications facilities
in the Village of Ridgefield Park shall be conditional uses in accordance
with N.J.S.A. 40:55D-67.
(9)Â
Site plan required. Site plan approval shall be required
for all new telecommunications facilities in the Village of Ridgefield
Park, including modifications to or addition of new telecommunications
facilities to preexisting towers, buildings or other structures.
(10)Â
County planning board approval. All site plans
for new telecommunications towers or antennas located along county
roads shall be submitted to the Bergen County Planning Board for review.
E.Â
Use regulations.
(2)Â
Conditional use standards. Wireless telecommunications
facilities may be permitted on the above-referenced lands, provided
that:
(3)Â
Factors considered in granting conditional use permits.
(a)Â
In addition to the above standards, the approving
board shall consider the following factors in determining whether
to issue a conditional use permit:
[1]Â
Proximity of the tower to residential structures
and residential district boundaries;
[2]Â
Nature of uses on adjacent and nearby properties;
[3]Â
Surrounding topography;
[4]Â
Surrounding tree coverage and foliage;
[5]Â
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness, including stealth designs, which are encouraged;
[6]Â
Availability of suitable existing towers, alternative
tower structures, other structures or alternative technologies not
requiring the use of towers or structures; and
[7]Â
Availability of proposed tower to other potential
carriers.
(b)Â
This list is considered to be illustrative in
nature and may not include all factors to be considered.
F.Â
Site design standards. The following site design standards
shall apply to wireless telecommunications facilities.
(1)Â
New towers.
(a)Â
Telecommunications towers may not be located
closer than 200 feet to any residential zone or within 500 feet of
any public or private school. Towers or antennas presently located
on preexisting buildings or structures are exempt from this requirement.
(b)Â
Fall zone. A fall zone shall be established
such that the tower is set back 75% of the height of the tower from
any adjoining lot line or nonappurtenant building.
(c)Â
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height. Towers shall also
be equipped with appropriate anticlimbing measures.
(d)Â
Landscaping. The following requirements shall
govern the landscaping of surrounding towers:
[1]Â
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences or planned residences
or any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least 10 feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
[2]Â
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced,
at the sole discretion of the approving authority.
[3]Â
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be a sufficient buffer.
(e)Â
Ancillary buildings. Any proposed building enclosing
related electronic equipment shall not be more than 10 feet in height
nor more than 200 square feet in area, and only one such building
shall be permitted on the lot for each provider of wireless telecommunications
services located on the site. Such buildings must satisfy the minimum
zoning district setback requirements for accessory structures.
(f)Â
Aesthetics. Towers and antennas shall meet the
following requirements:
[1]Â
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
[2]Â
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings.
(g)Â
Lighting. No lighting is permitted except as
follows, which shall be subject to review and approval by the approving
board as part of the site plan application:
[1]Â
The building enclosing electronic equipment
may have one light at the entrance to the building, provided that
the light is attached to the building, is focused downward and is
switched so that the light is turned on only when workers are at the
building; and
[2]Â
No lighting is permitted on a tower except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
(h)Â
Signs. No signs are permitted on any tower or
antenna within the Village of Ridgefield Park except those required
by the Federal Communications Commission, the Electronic Industries
Association (EIA) and/or the Telecommunications Industry Association
(TIA), or by law, such as warning and equipment information signs.
(2)Â
Antennas mounted on existing structures or rooftops.
(a)Â
Antennas on existing structures. Any antenna
which is not attached to a tower may be attached to an existing business,
industrial, office, utility or institutional structure in the 1-2
Zone west of Industrial Avenue.
[1]Â
Side- and roof-mounted personal wireless service
facilities shall not project more than 10 feet above the height of
an existing building or structure, nor project more than 10 feet above
the height limit of the zoning district within which the facility
is located. Personal wireless service facilities may be located on
a building or structure that is legally nonconforming with respect
to height, provided that the facilities do not project above the existing
building or structure height.
[2]Â
The antenna complies with all applicable FCC
and FAA regulations.
[3]Â
The antenna complies with all applicable building
codes.
[4]Â
The equipment structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
48 feet in height, the related unmanned equipment structure is located
on the roof of a building, the area of the equipment structure and
other equipment and structures shall not occupy more than 10% of the
roof area. Equipment storage buildings, structures or cabinets shall
comply with all applicable building codes.
(b)Â
Aesthetics. If an antenna is installed on a
structure other than a tower, the antenna and supporting electrical
and mechanical equipment must be of a neutral color that is identical
to or closely compatible with the color of the supporting structure
so as to make the antenna and related equipment as visually unobtrusive
as possible.
(c)Â
Antennas on existing towers. An antenna may
be attached to a preexisting tower in a nonresidential zone and, to
minimize adverse visual impacts associated with the proliferation
and clustering of towers, co-location of antennas by more than one
carrier on existing towers shall take precedence over the construction
of new towers, provided such co-location is accomplished in a manner
consistent with the following:
[1]Â
A tower which is modified or reconstructed to
accommodate the co-location of an additional antenna shall be of the
same tower type as the existing tower, unless reconstruction as a
monopole is proposed.
[2]Â
An existing tower may be modified or rebuilt
to a taller height, not to exceed the maximum tower height established
by this section.
(d)Â
Antennas on existing structures or towers. No
antennas shall be located on any existing structures or towers if
they are within 500 feet of a public school or a private school.
G.Â
Co-location requirements.
(1)Â
The Village of Ridgefield Park requires that licensed
carriers share personal wireless service facilities and sites where
feasible and appropriate, thereby reducing the number of personal
wireless service facilities that are stand-alone facilities. All applicants
for site plan approval for a personal wireless service facility shall
demonstrate a good-faith effort to co-locate with other carriers.
Such good-faith effort includes:
(a)Â
A survey of all existing structures that may
be feasible sites for co-locating personal wireless service facilities;
(b)Â
Notification by certified mail of intent to
seek site plan approval to all the other licensed carriers for commercial
mobile radio services operating in the county; and
(c)Â
Sharing information necessary to determine if
co-location is feasible under the design configuration most accommodating
to co-location.
(2)Â
In the event that co-location is found to be not technically
feasible, a written statement of the reasons for the unfeasibility
shall be submitted to the Village. The Village may retain a technical
expert in the field of RF engineering to verify if co-location at
the site is not feasible or is feasible given the design configuration
most accommodating to co-location. The cost for such a technical expert
will be at the expense of the applicant. The Village may deny approval
to an applicant that has not demonstrated a good-faith effort to provide
for co-location.
(3)Â
If the applicant does not intend to co-locate or to
permit co-location, plans and elevations, which show the ultimate
appearance and operation of the personal wireless service facility
at full build-out, shall be submitted and must also include RF design
data.
H.Â
Location priorities. Wireless telecommunications facilities
shall be located and approved in accordance with the following prioritized
locations:
(1)Â
The first priority shall be for new towers or antennas
on land or buildings owned by the Village of Ridgefield Park west
of Industrial Avenue.
(2)Â
The second priority shall be for antennas on existing
buildings in the I-2 Zone west of Industrial Avenue not owned by the
Village of Ridgefield Park.
(3)Â
The third priority shall be for new towers and shall
be on lands not owned by the Village of Ridgefield Park located within
the I-2 Zone west of Industrial Avenue.
I.Â
Site plan submission requirements. In addition to
the site plan submission requirements of the development regulations,
the following information shall be submitted in conjunction with site
plan approvals for all wireless telecommunications facilities:
(1)Â
Comprehensive service plan. In order to provide proper
evidence that any proposed location of wireless telecommunications
antennas (and any supporting tower and/or ancillary building enclosed
related electronic equipment) has been planned to result in the fewest
number of towers within the Village of Ridgefield Park, at the time
full service is provided by the applicant throughout the Village the
applicant shall submit a comprehensive service plan. Said comprehensive
service plan shall indicate how the applicant proposes to provide
full service throughout the Village, and to the greatest extent possible,
said service plan shall also indicate how the applicant's plan is
coordinated with the needs of all other providers of telecommunications
services within the Village of Ridgefield Park. The comprehensive
service plan shall indicate the following:
(a)Â
Whether the applicant's subscribers can receive
adequate service from antennas located outside the borders of the
Village of Ridgefield Park.
(b)Â
How the proposed location of the antennas relates
to the location of any existing towers within and/or near the Village
of Ridgefield Park.
(c)Â
How the proposed location of the antennas relates
to the anticipated need for additional antennas and supporting towers
within and/or near the Village of Ridgefield Park by both the applicant
and by other providers of telecommunications services within the Village
of Ridgefield Park.
(d)Â
How the proposed location of the antennas relates
to the objectives of co-locating the antennas of different service
carriers on the same tower.
(e)Â
How the proposed location of the antennas relates
to the overall objective of providing full telecommunications services
within the Village of Ridgefield Park while, at the same, limiting
the number of towers to the fewest possible.
(2)Â
A scaled site plan clearly indicating the location,
type and height of the proposed tower, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this section.
(3)Â
Legal description of the entire tract and leased parcel
(if applicable).
(4)Â
The setback distance between the proposed tower and
the nearest residential unit and residentially zoned properties and
public and private schools.
(5)Â
The separation distance from other towers and antennas.
(6)Â
A landscape plan showing specific landscape materials,
including, but not limited to, species type, size, spacing and existing
vegetation to be removed or retained.
(7)Â
Method of fencing and finished color and, if applicable,
the method of camouflage.
(8)Â
A description of compliance with all applicable federal,
state or local laws.
(9)Â
A notarized statement by the applicant as to whether
construction of the tower will accommodate co-location of additional
antennas for future users.
(10)Â
Identification of the entities providing the
backhaul network for the tower(s) described in the application and
other telecommunications sites owned or operated by the applicant
in the Village.
(11)Â
A letter of commitment to lease excess space
to other potential users at prevailing market rates and conditions.
The letter of commitment shall be in a form suitable for recording
with the County Clerk prior to the issuance of any permit and shall
commit the tower owner(s), property owner(s) and their successors
in interest.
(12)Â
A visual impact study containing, at a minimum,
a photographic simulation showing the appearance of the proposed tower,
antennas, and ancillary facilities from at least five points within
a three-mile radius. Such points shall be chosen by the carrier, with
review and approval by the approving board or designee, to ensure
that various potential views are represented.
(13)Â
An analysis of the RFR levels at the facility
as a means of assessing compliance with the FCC RF safety criteria.
This analysis shall:
(a)Â
Take into consideration all co-located radio
transmitting antennas and/or nearby antennas that could contribute
to RFR levels at the facility.
(b)Â
Be performed by an RF engineer, health physicist
or similarly knowledgeable individual.
(c)Â
Follow current methods recommended by the FCC
for performing such analyses.
J.Â
Monitoring and maintenance.
(1)Â
Measurements.
(a)Â
After the wireless telecommunications facility
is operational, the applicant shall submit, within 90 days of beginning
operations and at annual intervals from the date of issuance of the
building permit, existing measurements of RFR from the wireless communications
facility. Such measurements shall be signed and certified by an RF
engineer, stating the RFR measurements are accurate and meet FCC guidelines
as specified in the radio frequency standards section of this section.
(2)Â
The applicant and coapplicant shall maintain the personal
wireless service facility in good condition. Such maintenance shall
include, but shall not be limited to, painting, structural integrity
of the mount and security banner, and maintenance of the buffer areas
and landscaping.
K.Â
Abandonment or discontinuation of use.
(1)Â
At such time that a licensed carrier plans to abandon
or discontinue operation of a personal wireless service facility,
such carrier shall notify the Village Clerk by certified U.S. Mail
of the proposed date of abandonment or discontinuation of operations.
Such notice shall be given no less than 30 days prior to abandonment
or discontinuation of operations. In the event that a licensed carrier
fails to give such notice, the wireless telecommunications facility
shall be considered abandoned upon discontinuation of operations.
(2)Â
Upon abandonment or discontinuation of use, at the
option of the Borough, the carrier shall physically remove the personal
wireless service facility within 90 days from the date of abandonment
or discontinuation of use. "Physically remove" shall include, but
not be limited to:
(a)Â
Removal of monopoles, antennas, mount, equipment
shelters and security barriers from the subject property.
(b)Â
Proper disposal of the waste materials from
the site in accordance with local, county and state solid waste disposal
regulations.
(c)Â
Restoring the location of the personal wireless
service facility to its natural condition, except that any landscaping
and grading shall remain in the after condition.
(3)Â
If a carrier fails to remove a personal wireless service
facility in accordance with this section, the Village shall have the
authority to enter the subject property and physically remove the
facility. The approving board will require the applicant to post a
bond at the time of approval to cover costs for the removal of the
personal wireless service facility in the event the Village must remove
the facility.
(4)Â
The Village Engineer shall be provided with a copy of the application by the applicant at the time of the filing of the application with the Zoning Officer to estimate the cost of the removal of the facility in the event it is abandoned, which estimate shall be promptly furnished by the Village Engineer to the Building Department to determine the amount of the bond referred to in Subsection K(3) above and to the board considering the application.
L.Â
Violations and penalties.
(1)Â
Any person or entity who violates any provision of
this section shall be punished by a fine not exceeding $1,000 or by
imprisonment in a place provided by the municipality for the detention
of prisoners not exceeding 90 days or by a period of community service
not exceeding 90 days. Any person who is convicted of violating this
section within one year of the date of a previous conviction of the
same section, and who was fined for a previous violation or was sentenced
to a term in jail or to community service, shall be fined by the court
to an additional fine or jail sentence or community service as a repeat
defender. The additional penalty shall not be less than $100 and shall
not exceed the sum of $1,000 or imprisonment for a term not to exceed
90 days, or the person may be required to perform community service
for a term not to exceed 90 days.
(2)Â
In the event a person cannot pay the fine, the court
may provide, in default of the payment of the fine, imprisonment in
the county jail for a term not to exceed 90 days. The person may be
required to perform 90 days of community service. All penalties for
a violation of this section shall be in accordance with N.J.S.A. 40:49-5
and the Code of the Village of Ridgefield Park. In addition to the
foregoing penalties, the municipality may enforce this Act for any
violation of this section in accordance with N.J.S.A. 40:55D-18, which
action shall be in the Superior Court of the State of New Jersey.
Each day a provision of this section is violated shall constitute
a separate and distinct violation.