[1]
Editor's Note: Ordinance No. 2009-01 amended Communication
Towers in its entirety. Previous history includes Ordinance Nos. 1-98-2
and 07-18.
[Ord. No. 2009-01 § 1,
adopted 2/10/2009]
As used in this section, the following terms shall have the
meanings indicated:
Shall include but not be limited to manmade trees, clock
towers, bell steeples and similar alternative-design mounting structures
that camouflage or conceal the presence of antennas or towers.
Shall mean any exterior transmitting or receiving device
mounted on a tower, building or structure and used in communications
that radiate or capture electromagnetic waves, digital signals, analog
signals, radio frequencies (excluding radar signals) wireless telecommunications
signals or other communication signals. Exempted therefrom are towers
for the installation of any antenna that is under 30 feet in height
and is owned and operated for the exclusive use of a Federally licensed
amateur radio operator or is used exclusively as a receive-only antenna.
Shall mean 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.
Shall mean when two or more receiving and/or transmitting
facilities are placed together on the same tower or monopole.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
Shall mean the Mayor and Council of the Borough of Rockleigh,
and/or its designated agents, employees and representatives.
Shall mean the Rockleigh Planning Board, whose statutory
authority is defined by the Municipal Land Use Law N.J.S.A. 40:55D-1
et seq.
Shall mean, when referring to a tower or other structure,
the distance measured from the existing grade or finished grade of
the parcel, whichever is more restrictive, to the highest point on
the tower or other structure, including any rooftop appurtenance on
an existing structure, and including the base pad and any antenna,
even if said highest point is an antenna.
Shall mean the Construction Official of the Borough.
Shall mean any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas, including
but not limited to self-supporting lattice towers, guy towers or monopole
towers. The term includes radio and television transmission towers,
microwave towers, common-carrier towers, cellular telephone towers,
alternative tower structures and the like. The term includes the structure
and any supports thereto.
Shall mean Municipal Land Use Law N.J.S.A. 40:55D-1 et seq.
[Ord. No. 2009-01 § 2,
adopted 2/10/2009]
a.
New Towers and Antennas. All new towers or antennas to be sited in
the Borough shall be subject to these regulations.
b.
District Height Limitations. The requirements set forth in this section
shall govern the heights of all towers and antennas to be constructed
in each zoning district. The height limitations applicable to buildings
and structures shall not apply to towers and antenna facilities.
c.
Pre-existing Towers and Antennas. Any wireless communication tower or antenna on which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of § 34-44.3e and f. This includes permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired. Any such towers or antennas shall be referred to in this section as "pre-existing antennas."
[Ord. No. 2009-01 § 3,
adopted 2/10/2009]
a.
Purpose; Goals. The purpose of this section is to establish general
guidelines for the siting of wireless communication towers and antennas.
The goals of this section are to: (1) protect residential areas and
land uses from potential adverse impacts of towers and antennas; (2)
require, to the extent possible, the location of towers in nonresidential
areas; (3) minimize the total number of towers throughout the community;
(4) require, to the extent possible, the joint use of new and existing
tower sites as a primary option rather than construction of additional
single-use towers; (5) locate towers and antennas, to the extent possible,
in areas where the adverse impact on the community is minimal; (6)
encourage 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; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively and efficiently; (8) require that such towers
are properly constructed, maintained and dismantled, and that appropriate
security is posed to ensure same, and the safety of Borough residents;
(9) consider the public health and safety of communication towers;
and (10) avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
In furtherance of these goals, the Planning Board shall give due consideration
to the Borough's Master Plan, Zoning Map, existing land uses and environmentally
sensitive areas in approving sites for the location of towers and
antennas.
Owners of existing towers must agree to share (rent) space on
their towers with other antenna users seeking to erect such a facility
within the Borough irrespective of whether or not they are competitors.
Such users shall be subject to a co-user approval by the Planning
Board. Reasonable Fair Market Lease Agreements are required. The objectives
of this provision are to minimize the number of towers required within
the Borough and avoid a proliferation of towers when multiple antennas
on one tower are possible.
b.
Principal or Accessory Use. Antennas may be considered either principal
or accessory uses, and towers shall be considered a principal use
only. A different existing use of an existing structure on the same
lot shall not preclude the installation of an antenna on such lot,
but shall preclude the construction of a tower. For the purpose of
determining whether the installation of a tower or antenna complies
with zoning 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 leased parcels within such lots.
c.
Inventory of Existing Sites. Each applicant for an antenna and/or
tower shall provide to the Planning Board an inventory of all existing
towers, antennas or sites approved for towers or antennas that are
both within the jurisdiction of the governing authority and within
one mile of the border thereof, including specific information about
the location, height and design of each tower. The Planning Board
and/or the Borough may disseminate information pursuant to the Right-to-Know
Law or any other law or regulation pertaining to the dissemination
of public records to any organization seeking to locate antennas within
the jurisdiction of the governing authority, provided, however, that
the Planning Board or the Borough is not, by disseminating such information,
in any way representing or warranting that such sites are available
or suitable.
d.
Aesthetics; Lighting. The guidelines set forth in this Subsection d shall govern the aesthetic appearance of all towers and the installation of all antennas governed by this section; provided, however, that the Planning Board may grant variances to these requirements if it determines that the goals of this section are better served thereby and in accordance with the Municipal Land Use Law ("MLUL").
1.
Towers shall maintain a galvanized steel finish, subject to any applicable
standards of the FAA, and shall be painted a neutral color so as to
reduce visual obtrusiveness. Colors, textures, screening, camouflage
and landscaping shall be used to blend the tower facilities to the
natural setting and surrounding environment.
2.
If an antenna is installed on a structure other than a tower, the
antenna and supporting electrical and mechanical equipment shall be
camouflaged so as to make the antenna and related equipment as visually
unobtrusive as possible.
3.
Towers shall not be artificially lighted unless required by the FAA
or other applicable authority. If lighting is required, the Planning
Board may review the available lighting alternatives and approve the
design that would cause the least disturbance to the surrounding views
and residential areas.
e.
Federal Requirements. All towers must meet or exceed current standards
and regulations of the FAA, FCC and any other agency of the 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 six months of the effective date of such standards and regulations,
unless a more stringent compliance schedule is mandated by the controlling
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. Any
such removal shall be ordered by the Planning Board, as all approvals
granted herein shall be unequivocally deemed conditional approvals
subject to this provision, or by order of the Borough Construction
Official.
f.
Building Codes; Safety Standards. To ensure the structural integrity
of all wireless communication towers within the Borough, the owner
of each tower shall ensure that the tower is maintained in compliance
with standards contained in the State Uniform Construction Code and
the applicable standards for towers that are published by the Electronic
Industries Association as amended from time to time. If, upon inspection,
the governing authority 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 10 days to bring such tower into compliance with such standards.
If the owner fails to bring such tower into compliance within said
10 days, then the Mayor and Council, in conjunction with the Borough
Construction Code Official, may order the removal of such tower at
the owner's expense, and lien the property for all costs incurred,
including professional fees expended.
g.
Signs. No signs or other nonessential accoutrements shall be allowed
on any antenna or tower, with the exception of warning signs or other
signs required by Federal, State or local law.
h.
Buildings and support equipment associated with the antennas or towers shall comply with the requirements of § 34-44.7.
i.
Access Road. All access roads leading to the tower and antennas area
shall be paved with asphalt. The access road shall include an area
for sufficient parking and turnaround radius for at least one vehicle.
j.
Not Essential Services. 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 private utilities.
k.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Borough have been obtained,
and shall file a copy of all required franchises with the Clerk of
the Borough, who shall distribute copies of same to the Borough Construction
Official and Building Department.
l.
Maximum Tower Height. The maximum height of any tower shall not exceed
ninety (90) feet except when more than one set of commercial transmitting/receiving
antennas are co-located on a tower, the total height of the tower
shall not be greater than one hundred ten (110) feet. For purposes
of measurement, the maximum tower height shall include any structures
supported by the tower and any antenna.
m.
Minimum Front Yard Setback. Fifty feet or the height of the structure,
whichever is greater.
n.
Minimum Rear Yard Setback. Fifty feet or the height of the structure,
whichever is greater.
o.
Minimum Site Yard Setback. Fifty feet or the height of the structure,
whichever is greater.
p.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Borough irrespective of municipal, County and State jurisdictional
boundaries.
q.
Any generator located on the site shall be within a completely enclosed
soundproof structure suitable to house such equipment. All fuels shall
be contained in accordance with NJDEP requirements.
r.
Towers should be freestanding monopole structures without significant
cross-braces or other visible supporting devices. Lattice structure
towers shall not be permitted.
s.
Noise levels at any property line shall be not more than 50 decibels.
[Ord. No. 2009-01 § 4,
adopted 2/10/2009]
a.
General. The uses listed in this subsection are deemed to be permitted uses and shall require major site plan approval and the consent of the Governing Body of the Borough. Nevertheless, all such uses shall comply with the requirements set forth under § 34-44.3, Subsections d through o and all other applicable ordinances.
b.
Specific Permitted Uses. The following uses are specifically permitted:
1.
Locating a tower, including the placement of supporting equipment
used in connection with said tower, shall be permitted on property
owned, controlled or leased by the Borough, except on Green Acres
funded property or conservation-designated property and provided,
however, that such tower shall be set back a distance of 800 feet
from a residential zone. Any other placement shall be considered a
use variance anywhere else.
The Borough must consent in writing to its property being used
for communication facilities. No communications tower shall be erected
or operated within the Borough on its property except pursuant to
an approval, lease and license issued by the Borough and entered into
between the operator or the facility and the Borough.
2.
All users of Borough property shall be obligated to post a bond either
in cash, certificate of deposit, or performance bond issued by a bond
company licensed to do business in the State of New Jersey in an amount
equal to the cost of the improvements placed upon the premises as
determined by the Tax Assessor of the Borough. This bond shall remain
in effect until the use of the property is terminated by the user.
3.
Installing an antenna on an existing structure other than a tower
(such as a building, sign, light pole, water tower or other freestanding
structure) that is no less than 60 feet in height, as long as said
antenna adds no more than 30 feet to the height of said existing structure;
provided, however, that the aforesaid height restrictions shall not
apply to any structures owned by the Borough; and
[Ord. No. 2009-01 § 5,
adopted 2/10/2009]
a.
The Planning Board has exclusive jurisdiction pursuant to the MLUL
and this section.
b.
Each applicant for approval shall apply to the Planning Board providing
the information required in this section, together with a nonrefundable
fee as established by resolution of the Planning Board to reimburse
the Borough of Rockleigh for the costs of reviewing the application.
c.
The Planning Board shall review the application and determine if
the proposed use complies with the provisions of this section.
[Ord. No. 2009-01 § 6,
adopted 2/10/2009]
a.
Applicability. If the tower or antenna is not a permitted use under § 34-44.4, then the applicant shall be required to submit its application to the Planning Board for a use variance, pursuant to N.J.S.A. 40:55D-1 et seq., which shall have jurisdiction over the application.
1.
In granting a use variance, the Planning Board may impose conditions
to the extent the Board concludes that such conditions are necessary
to minimize any adverse effect of the proposed tower or antenna facility
on adjoining properties.
2.
Upon filing of an application under this section all proofs of an
engineering nature that the applicant submits, whether civil, mechanical
or electrical, shall be certified by a licensed professional engineer.
Reports submitted by Radiofrequency "RF" experts shall be exempt from
this requirement but, the entity submitting such an "RF" Report must
hold a valid Certificate of Authorization issued by the State of New
Jersey pursuant to N.J.S.A. 45:8-56 et seq.
3.
An applicant seeking a use variance shall submit the information
described in this subsection, together with an amount to be deposited
into escrow to reimburse the Borough for the costs of reviewing the
application.
4.
Any application under this section shall require public notice to
property owners and legal advertisement pursuant to the Municipal
Land Use Law of the State of New Jersey.
b.
Information Required. Each applicant requesting any approval under
this section shall submit the following information:
1.
A scaled site plan clearly indicating the location, type and height
of the proposed tower or antennas, on-site land uses and zoning, adjacent
land uses and zoning (including, when adjacent to other municipalities,
Master Plan classification of the site), adjacent roadways, proposed
means of access, setbacks from property lines, elevation drawings
of the proposed tower or antennas and any other structures, topography,
parking and other information deemed by the Planning Board to be necessary
to assess compliance with this section.
2.
Legal description of the parent tract and leased parcel (if applicable).
3.
The setback distance between the proposed tower or antennas and the
nearest residential unit, or the nearest residentially zoned land,
whichever is more restrictive.
4.
The separation distance from other towers and antennas described in the inventory of existing sites submitted pursuant to § 34-44.3c shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and antennas and the owner/operator of the existing towers(s) and antennas.
5.
A landscape plan showing specific landscape materials.
6.
Method of fencing, finished color, camouflage and illumination.
8.
A notarized statement supported by appropriate engineering and supporting
data demonstrating how the construction of the tower or antenna facility
will accommodate collocation of additional antennas for future reference.
9.
Identification of the entities providing the backhaul network for the tower(s) or antennas described in the application and other cellular sites owned or operated by the applicant in the inventory submitted pursuant to § 34-44.3c.
10.
A description of the suitability of the use of existing towers, antenna
sites or other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new tower or antennas.
11.
Line of sight analysis detailing the view of the proposed tower or
antennas from various directions and angles from adjacent residential
areas. The analysis shall be utilized to determine buffer requirements.
12.
Any other information deemed by the Planning Board to be necessary
to assess compliance with the MLUL and this section.
c.
Factors Considered in Granting Use Variances. The Planning Board
shall consider the following factors in determining whether to issue
a use variance:
1.
Height of the proposed tower;
2.
Proximity of the tower to residential structures and residential
district boundaries;
3.
Nature of uses on adjacent and nearby properties;
4.
Surrounding topography;
5.
Surrounding tree coverage and foliage;
6.
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
7.
Proposed ingress and egress; and
8.
Availability of suitable existing towers and other structures as discussed in § 34-44.6d of this section.
9.
Satisfaction of statutory and New Jersey Case Law criteria for the
obtainment of a use variance;
d.
Availability of Suitable Existing Towers or Other Structures. No
new tower or antennas shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the Planning Board that no existing
tower, antenna site, structure or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed tower or antennas. Evidence submitted to demonstrate that
no existing tower, antenna site, or structure can accommodate the
applicant's proposed tower or antenna may consist of any of the following:
1.
No existing towers, antenna sites or structures are located within
the geographic area required to meet applicant's engineering requirements.
2.
Existing towers, antenna sites or structures are not of sufficient
height to meet applicant's engineering requirements.
3.
Existing towers, antenna sites or structures do not have sufficient
structural strength to support applicant's proposed tower or antennas
and related equipment.
4.
The applicant's proposed tower or antenna would cause electromagnetic
interference with the antennas on the existing towers, antenna sites
or structures, or the antennas on the existing towers or structures
would cause interference with the applicant's proposed tower or antenna.
5.
The applicant demonstrates that there are other significant limiting
factors that render existing towers, antenna sites and structures
unsuitable.
6.
The applicant shall have the affirmative obligation of proving that
it has attempted to enter into a contract with the owners of the existing
towers, antenna sites and structures:
(a)
This obligation shall include copies of all correspondence as
to rates, cost of contributions, etc.
(b)
This obligation shall include copies of rejection of the offers
propounded on the applicant by the owners of the existing structures,
antenna sites and/or towers.
(c)
This obligation shall include written cost proposals indicating
actual quoted figures required by the owner of the existing structures,
antenna sites and/or towers.
(d)
A detailed cost analysis indicating the cost to the applicant
to construct a new tower, antennas and/or structure.
7.
The applicant shall further demonstrate that an alternative technology
that does not require the use of towers, antennas or structures, such
as a cable micro cell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
e.
Security Fencing. Towers shall be enclosed by security fencing not
less than eightfeet in height, and shall be slatted and equipped with
an appropriate anti-climbing device.
f.
Landscaping. The following requirements shall govern the landscaping
surrounding the towers for which any approval under this section is
required.
1.
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from adjacent
property. The standard buffer shall consist of a landscaped strip
at least four feet wide and 15 feet high outside the perimeter of
the compound.
2.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible.
[Ord. No. 2009-01 § 7,
adopted 2/10/2009]
a.
Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with an antenna facility shall comply
with the following:
1.
The cabinet or structure shall not contain more than 200 square feet
of gross floor area, or be more than 15 feet in height. In addition,
for buildings and structures which are less than 60 feet in height,
the related unmanned equipment structure, if over 150 square feet
of gross floor area or 12 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
2.
If the equipment structure is located on the roof of the building,
then the area of the equipment structure and other equipment and structures
shall not occupy more than fifteen (15%) percent of the roof area.
3.
Equipment storage buildings or cabinets shall comply with all applicable
building codes.
4.
Equipment storage buildings or cabinets shall be sufficiently insulated
so that any noise generated from the equipment shall not exceed 50
decibels at the property line.
b.
Antennas Located on Towers. The related unmanned equipment structure
shall not contain more than 200 square feet of gross floor area or
be more than 15 feet in height, and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
[Ord. No. 2009-01 § 8,
adopted 2/10/2009]
A Letter of Intent shall be provided by all applicants seeking
approval to construct a wireless communication tower, committing the
tower owner and its successors to allow the shared use of the tower
if additional users agree in writing to meet reasonable terms and
conditions for shared use, and that the tower owner acknowledges and
agrees that its successors and/or individual users shall be bound
and will conform to the requirements of this section, as applicable.
[Ord. No. 2009-01 § 9,
adopted 2/10/2009]
Any antenna or tower that is not operated for a continuous period
of 12 months shall be considered abandoned; and the owner of such
antenna or tower shall remove same within 90 days of receipt of notice
from the Borough Construction Department notifying the owner of such
abandonment. If such antenna or tower is not removed within said ninety-day
period, the Mayor and Council may order the removal of such antenna
or tower at the owner's expense, and lien the property for the costs
associated therewith, inclusive of professional fees. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower. Upon the dismantling
and removal of the tower, the property on which the tower was located
shall be restored to a safe and landscaped condition compatible with
adjacent properties.
[Ord. No. 2009-01 § 10,
adopted 2/10/2009]
a.
Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they presently exist, subject however to the provisions of § 34-44.3e and f. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such pre-existing towers. New construction other than routine maintenance on a pre-existing tower shall be performed in compliance with the requirements of this section.
b.
Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain approval. The type, height and location of the tower on-site shall be of the identical type and intensity as the original facility. Building permits to rebuild the facility shall comply with the then applicable building codes, and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in § 34-44.9.
[Ord. No. 2009-01 § 11,
adopted 2/10/2009]
The applicant's use of the premises is contingent upon its obtaining
all certificates, permits, zoning and other approvals that may be
required by any Federal, State or local authority. The applicant shall
erect, maintain and operate its antenna facilities in accordance with
site standards, statutes, ordinances, rules and regulations now in
effect, or that may be issued hereafter by the Federal Communications
Commission or any other governing bodies. Should any conflict arise
between local zoning ordinances and rules or regulations promulgated
by the F.C.C., the F.C.C. rules and regulations shall govern.
[Ord. No. 2009-01 § 12,
adopted 2/10/2009]
a.
All wireless telecommunication towers and antenna facilities within
the Borough, which are used to provide any telecommunication services
for a fee, are required to be registered by the owner of the tower
or antenna facility with the Borough. The registration forms shall
be provided by the Building Department. A fee of $400 plus $1 for
each foot of tower or antenna height of the tallest antenna shall
be charged for the registration.
b.
Each owner shall inform the Borough within 60 days of any changes
to the information set forth in the registration form.
c.
The registration of all wireless telecommunication towers and antenna
facilities must be renewed on an annual basis, and no later than January
31st of each year. The registration form must be accompanied by the
fee to be accepted. The tower/antenna owner shall submit the registration
form and fee to the Borough Construction Department for review and
processing.
d.
A late fee of $100 shall be charged for each month that the registration
and accompanying fee is not received by the Borough.
e.
An applicant who co-locates on an existing tower or antenna facility
shall pay a reduced renewal registration fee of $200. The registration
fee of the owner of the tower or antenna facility on which another
provider co-locates shall be reduced to $200 plus $100 for each foot
of tower or antenna height of the tallest antenna. Said reduction
shall commend in the year following the co-location.
[Ord. No. 2009-01, adopted
2/10/2009]
a.
If any provision of this section or the application of said provision
to any person or circumstance is declared invalid, such invalidity
shall not affect the remaining section of this section;
b.
This section and the provisions herein are declared to be severable;
c.
If any provisions of this section or the application of such provision
to any person or circumstance is declared unconstitutional, same shall
not affect the remaining provisions of this section;
d.
All ordinances or part thereof inconsistent herewith are hereby repealed
to the extent of such inconsistencies of this section and to this
end the provisions of this section are declared to be severable.
[Ord. No. 2009-01 § 14,
adopted 2/10/2009]
The applicant shall, at its expense, comply with all present
and future Federal, State and local laws, ordinances, rules and regulations
(including laws and ordinances relating to health, radio frequency
emissions, other radiation and safety) in connection with the use,
operation, maintenance, construction and/or installation of the antenna
facilities and/or the premises. The Borough agrees to reasonably cooperate
with the applicant in obtaining, at applicant's expense (including
the Borough's reasonable attorney and administrative fees), any Federal
licenses and permits required for or substantially required by the
applicant's use of the premises.
[Ord. No. 2009-01 § 15,
adopted 2/10/2009]
a.
The provisions of this section will be enforced by the Borough Construction
Official.
b.
The owner of any tower or antenna facility shall indemnify and hold
the Borough harmless against any and all claims, suits, cause of action
or judgments arising from any injury, including death or damage caused
by the construction and operation of the tower or antenna facility.
c.
Any person, firm, or corporation who violates any of the provision
of this section, or any amendment or supplement thereof, shall be
deemed guilty of a violation and, upon conviction thereof in a court
of competent jurisdiction, shall be fined not less than $500 or imprisonment
in the County Jail for a period not to exceed 90 days or both, in
the discretion of the Court. Each and every day during which such
violation, illegal location, erection, construction, reconstruction,
enlargement, change, maintenance or use continues shall be deemed
a separate offense.
d.
All facilities shall be inspected annually by the appropriate designated
representative of the Borough to determine the structural integrity
of the facility and whether the facility is detrimental to the health,
safety and welfare of the residents of the Borough. Any facility which
is determined to be detrimental to the health, safety and welfare
of the residents of the Borough shall be removed immediately at the
direction of the Mayor and Council.
[Ord. No. 2009-01 § 16,
adopted 2/10/2009]
Any ordinance or part thereof in conflict with the provisions
of this section are hereby repealed to the extent of such conflict.
[Ord. No. 2009-01 § 17,
adopted 2/10/2009]
This section shall take effect immediately after the first publication
thereof after final passage and filing with the Bergen County Planning
Board and the Borough Tax Assessor.
