[Added 9-1-1999 by Ord. No. 19-99]

A. Purpose. The purpose of this section is to regulate the location and placement of wireless telecommunications structures/towers, antennas and equipment within the Borough of Hopatcong. It is also the purpose of this section to recognize that the installation of new towers to support such antennas has a negative impact on the scenic and historic character of the countryside which the Borough of Hopatcong Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, while at the same time limiting the proliferation of wireless telecommunications towers.

B. Permitted use/conditional use treatment.

(1) Wireless telecommunications antennas shall be a permitted use in the M-1 and M-2 Zones. Wireless telecommunications towers shall be a conditional use in the M-1 and M-2 Zones.

(2) Wireless telecommunications towers and antennas shall be considered as a conditional use in the MPD Zone.

C. Mounting of wireless telecommunications antennas on commercial and industrial buildings.

(1) Wireless telecommunications antennas may be erected on existing building or structures, and one wireless telecommunications equipment compound may be constructed in support of such antennas consistent with the following requirements:

(a) Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 10 feet.

(b) A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of such antenna arrays provided it is:

[1] Situated behind existing structures, buildings or terrain features which will shield the wireless telecommunications compound from public view; or

[2] When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center.

(c) The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Borough Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 15 feet.

(d) Site plan approval or amendment shall be required.

D. Standards applicable to all wireless telecommunications towers and antennas.

(1) No wireless telecommunications tower or antennas shall be located within 500 feet of a residential property line.

(2) No wireless telecommunications tower or antenna shall be located within 1,000 feet of a school or a Borough recreational facility.

(3) All wireless telecommunications towers and antennas shall be posted with warning and identification signs to indicate the owner, operator and emergency contact.

(4) No wireless telecommunications tower or antenna shall be located in any way so as to interfere with television or radio reception.

E. Antenna modifications, tower certification and abandonment.

(1) Operators of wireless telecommunications towers shall provide the Borough of Hopatcong an annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. A report shall also be provided whenever antenna rays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Borough of Hopatcong when the use of such equipment and antennas is discontinued.

(2) Wireless telecommunications towers and antennas which are not in use for wireless telecommunications purposes for six months shall be removed by the facility owner at its own cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at the time of abandonment.

F. Collocation required. Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunications service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower, the extent to which the height of the tower could be increased and the types of equipment which could be accommodated.