H. To provide assurance that low- and moderate-income units are created with controls on affordability over tune and that low- and moderate-income households occupy these units

(1) In addition, the administrative or municipal authority will be responsible for utilizing the verification and certification procedures outlined in N J A C 5 93-9 1(b) in placing households in low- and moderate-income units, and

(2) Newly constructed low- and moderate-income sales units will remain affordable to low and moderate-income households for at least 30 years The administrative or municipal authority will require all conveyances of newly constructed units to contain the deed restriction and mortgage lien adopted by COAH and referred to as Appendix E as found in N J A C 5 93, and

(3) Housing units created through the conversion of a nonresidential structure will be considered a new housing unit and will be subject to thirty-year controls on affordability The administrative agency or municipal authority will require an appropriate deed restriction and mortgage lien subject to COAH's approval

I. Regarding rehabilitated units

(1) Rehabilitated owner-occupied single-family housing units that are improved to code standard will be subject to affordability controls for at least six years, and

(2) Rehabilitated renter-occupied housing units that are improved to code standard will be subject to affordability controls for at least 10 years, and

J. Regarding rental units

(1) Newly constructed low- and moderate-income rental units will remain affordable to low and moderate-income households for at least 30 years The administrative agency or municipal authority will require an appropriate deed restriction and mortgage lien subject to COAH's approval,

(2) Affordability controls in accessory apartments will be for a period of at least 10 years, except if the apartment is to receive a rental bonus credit pursuant to N J A C 5 93-5 13, then the controls on affordability will extend for 30 years, and

(3) Alternative living arrangement will be controlled in a manner suitable to COAH, that provides assurance that such a facility will house low- and moderate-income households for at least 10 years, except that, if the alternative living arrangement is to receive a rental bonus credit pursuant to N J A C 5 93-5 13, then the controls on affordability will extend for 30 years

K. Section 14(b) of the Far Housing Act, N.J.S.A 52 27D-301 et seq , incorporates the need to eliminate unnecessary costs generating features from Alpine's land use ordinance. Accordingly, Alpine will eliminate development standards that are not essential to protect the public welfare and to expedite or fast-track municipal approvals/denials on inclusionary development applications The Borough of Alpine will adhere to the components of N J A C 5 93-10 1 to 10 3

L. [Amended 12-20-2000 by Ord. No. 5$1] The Borough of Alpine has a fair share obligation of 32 units to be satisfied by 16 units to be developed by a Regional Contribution Adjustment with the balance of 16 units to be satisfied by the borough constructing eight low and moderate rental units, not aged restricted

(1) The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or numbers of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing The plan will address the requirements of NJAC 5 93-11 In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin The Borough of Alpine is in the housing region consisting of Bergen, Passaic, Hudson and Sussex Counties The affirmative marketing program is a continuing program and will meet the following requirements. All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following newspapers and publications: The Record.

(2) The primary marketing will take the form of at least one press release sent to the above publications and a paid display advertisement in each of the above newspapers. Additional advertising and publicity will be on an "as needed" basis

(3) The advertisement will include a description of the street address of units, direction to housing units, number of bedrooms per unit, range of prices/rents, size of units, income information, and location of applications including business hours and where/how applications may be obtained

(4) All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in publications such as neighborhood-oriented weekly newspapers, religious publications and organizational newsletters within the region Regional radio and/or cable television station(s) will also be used

(5) The following is the location of applications, brochure(s), signs) and/or poster(s) used as part of the affirmative marketing program including specific employment centers within the region Posting of notices in the Borough Hall, and delivery of notices to the municipal clerks of all municipalities in the region

(6) The following is a listing of community contact persons and/or organizations in Alpine that will administer the program and will aid in the affirmative marketing program with particular emphasis on contacts that reach out to groups that are least likely to apply for housing within the region. land use administrator, county housing office and houses of worship

(7) Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members Board of Realtors in Bergen, Hudson, Passaic and Sussex counties

(8) Applications will be mailed to prospective applicants upon request

(9) Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the counties within Alpine's region welfare or social service board, rental assistance office (local office of DCA), Office on Aging, libraries and housing agency authority in each of the counties within Alpine's housing region

(10) A random selection method will be used to select occupants of low- and moderate-income housing

(11) The land use administrator shall administer the affirmative marketing program The land use administrator has the responsibility to income qualify low- and moderate-income households, to place income eligible households in low- and moderate-income units upon initial occupancy, to provide for the initial occupancy of low- and moderate-income units with income qualified households, to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls, to assist with advertising and outreach to low- and moderate income households, and to enforce the terms of the deed restriction and mortgage loan as per NJ A C 5 93-9 1

(12) Households who live or work in the COAH established housing region may be given preference for sales and rental units constructed within that housing region Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced The Borough of Alpine intends to comply with N J A C 5 93-117

(13) All developers of low- and moderate-income housing units will be required to assist in the marketing of the affordable units in their respective developments

(14) The marketing program will commence at least 120 days before the issuance of either temporary or permanent certificates of occupancy The marketing program will continue until all low- and moderate-income housing units are initially occupied and for as long as affordable units are deed restricted and occupancy or reoccupancy of units continues to be necessary

(15) The land use administrator will comply with monitoring and reporting requirements as per NJAC 6 93-11 6 and 12 1

ANTENNA means a system of electrical conductors that transmit or receive radio frequency signals for wireless communications.

ANTENNA SUPPORT Structure means a structure other than a telecommunications tower which is attached to a building and on which one or more antennas are located.

COLLOCATION means use of a common WTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WTF on a structure owned or operated by a utility or other public entity.

WIRELESS TELECOMMUNICATIONS FACILITIES (WTF) means facilities for the provision of Wireless Communications services, including, but not limited to, antennas, antenna support structure, telecommunication towers, and related facilities other than WTEFs.

WIRELESS TELECOMMUNICATION EQUIPMENT FACILITIES (WTEF) means accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.

ALPINE COMMUNITY means the Borough of Alpine, in the County of Bergen and State of New Jersey.

TELECOMMUNICATION TOWER means a freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.

WIRELESS COMMUNICATION means any wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless

telecommunication services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio, (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by federally-licensed amateur radio station operator or is used exclusively for receive only antennas, nor does it include non-cellular telephone service.

The purpose of this ordinance is to provide sound land use policies, procedures and

regulations for personal wireless telecommunications facilities to protect the Alpine community from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide comprehensive wireless telecommunications services in the Alpine community with its benefits to residents and businesses. The ordinance expresses a preference that antennas be located on existing buildings towers, preferably on municipal or other public

property, and not on newly constructed telecommunications towers; and encourages collocation

and site sharing of new end existing WTFs.

All WTFs and WTEFs shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under section 220-12.4 shall be deemed more acceptable than lower priority sites.

A. General

(1) Sites for WTFs and WTEFs must demonstrate that they provide the least visual impact on residential areas and public way. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

(2) WTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should he obscured by vegetation, tree cover, topographical features and/or other structures to the maximum extent feasible.

(3) WTFs and WTEFs shall be placed to ensure that historically significant viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunications facilities.

B. Height Standards. Where permitted, WTFs may exceed the maximum building height limitations, provided the height has the least visual impact and is no greater than required

to achieve service area requirements and potential collocation, when visually appropriate.

WTEFs are limited to twelve (12) feet in height.

C. Setback Standards

(1) All WTFs and WTEFs shall be subject to the minimum yard requirements of the zoning district in which they are located, provided the minimum setback may be increased where necessary to address safety concerns.

(2) If WTEFs are located on the roof of a building, the area of the WTEFs and other equipment and structures shall not occupy more than twenty-five (25) percent of the roof area.

D. Fencing and other Safety Devices. WTFs and WTEFs shall be surrounded by a security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be per named or required, as needed and as approved by the Planning Board.

E. Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setback areas shall be landscaped. All WTEFs shall be screened by an evergreen hedge eight to ten feet in height at planning time and/or a solid fence eight feet in height.

F. Activity and Access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for onsite maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.

G. Dish Antennas. Dish antennas shall be colored, camouflaged, or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet (6').

H. Lighting. No lighting is permitted except as follows:

(a) WTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b) No lighting is permitted on a WTF 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.

If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Borough of Alpine, WTFs and WTEFs shall be permitted as a conditional use at the full prioritized locations;

(1) The first priority location in all zones shall be on lands of structures owned by the Borough of Alpine,

(2) The second priority location shall be collocating on existing WTFs (or existing water tanks) provided that the new installation does not increase the height by more than 10%; and

(3) The third priority location shall be such locations as the applicant proves are essential to provide required service to the Alpine community.

The following design standards shall apply to WTFs and WTEFs installed or constructed pursuant to the terms of this ordinance:

(1) Collocation. Ordinance limitations on the number of structures on a lot shall not apply when WTFs and WTEFs are located on a lot with buildings or structures already on it. See also section 220-12.6.

(2) Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two (2) square feet in are. No commercial advertising shall be permitted on any WTF or WTEF.

(3) Color. WTFs shall be of a color appropriate to the towers location context and make it unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

(4) Monopole. Any proposed new WTF tower shall be a mono-pole unless the applicant can demonstrate that a different type pole is necessary for the collocation of the additional antennas on the tower. Such towers may employ camouflage technology.

(5) Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.

(6) Radio Frequency Emissions. The FTT gives the FCC sole jurisdiction of the field of regulation of Radio Frequency (RF) emission and WTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning WTFs and Radio Frequency emission standards. WTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC Standard.

(7) Structural Integrity. WTFs must be constructed to the Electronic Industries Association Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard entitled Structural Standards fir Steel Antenna Towers and Antenna Supporting Structures (or equivalent), as it may be updated or amended.

(8) Maintenance. WTFs shall be maintained to assure their continued structural integrity. The owner of the WTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

(1) The municipal engineer shall maintain an inventory of existing WTFs location; within or, near the Alpine community.

(2) An applicant proposing a WTf at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.

(3) Each application for a WTF shall be accompanied by a plan which shall reference all existing WTF locations in the applicants Alpine community inventory, any such facilities in the abutting towns which provide service to areas within the Alpine community inventory, any changes proposed within the following twelve (12) month period, including plans for new locations and the discontinuance or relocation of existing facilities.

(4) Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the providers service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:

(a) How the proposed location of the WTF related to the objective of providing full wireless communication services within the Alpine community at the time full service is provided by the applicant throughout the Alpine Community.

(b) How the proposed location of the proposed WTF relates to the location of any existing antennas within and near the Alpine community.

(c) How the proposed location of the proposed WTF relates to the anticipated need for additional antennas within and near Alpine community by the applicant and by other providers of wireless communication services within the Alpine community;

(d) How the proposed location of the proposed WTF relates to the objective of collocating the antennas of many different providers of wireless communication services on the same WTF; and

(e) How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within the Alpine community.

(5) The Planning Board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the responsible cost associated with such consultation, which cost shall be deposited in accordance with Alpines escrow provisions.