AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 96 OF THE DEVELOPMENT REGULATIONS OF THE VILLAGE OF RIDGEFIELD PARK TO ESTABLISH GUIDELINES FOR THE SITING OF WIRELESS TELECOMMUNICATIONS TOWERS, ANTENNAS AND ANCILLARY FACILITIES WITHIN THE VILLAGE OF RIDGEFIELD PARK AND PROVIDING FOR THEIR LOCATION AS A CONDITIONAL USE WITHIN THE 1-2 ZONE DISTRICT OF THE VILLAGE OF RIDGEFIELD PARK, COUNTY OF BERGEN, STATE OF NEW JERSEY
WHEREAS, the Board of Commissioners desires to amend and supplement Chapter 96 of the Development Regulations of the Village of Ridgefield Park, Zoning Ordinance to provide for the siting of wireless telecommunication towers, antennas and ancillary facilities and allowing them as a conditional use in the 1-2 Zone District in the Village of Ridgefield Park.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Village of Ridgefield Park as follows:
Section 1. Definitions:
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE TOWER STRUCTURE : Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANCILLARY FACILITIES : The buildings, cabinets, vaults, closures and equipment required for operation of telecommunication 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.
ANTENNA : 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 communication signals. Parabolic dish antennas used for satellite. communications shall not be included within this definition. '
BACKHAUL NETWORK : 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.
BUFFER AREA : The area surrounding telecommunications towers and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
CARRIER : A company that provides wireless services.
CO-LOCATION : When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
FAA : The Federal Aviation Administration.
FALL ZONE : 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.
FCC : The Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES : Cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
GUYED TOWER : A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
HEIGHT : 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. Lattice Tower: A type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
MONOPOLE : 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.
MOUNT : The structure or surface upon which antennas are mounted, including the following three types of mounts:
A. BUILDING-MOUNTED . Mounted on the roof or the side of the building.
B. GROUND-MOUNTED . Antenna support (tower) mounted on the ground.
C. STRUCTURE-MOUNTED . Mounted on or in a structure other than a building.
PERSONAL WIRELESS SERVICE FACILITY : A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS : Any tower or antenna which has been lawfully erected prior to the effective date of this article, 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.
RADIO FREQUENCY (RF) ENGINEER : An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
RADIO FREQUENCY RADITION (RFR) : For the purposes of this article shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHZ to 300;000 MHZ.
STEALTH DESIGN : A telecommunication facility that is designed. or located in such a way that the facility is not readily recognizable as telecommunications equipment (See "alternative tower structure").
TELECOMMUNICATIONS FACILITY : A facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communication devices including transmission towers, antennas and ancillary facilities. For purposes of this article, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS OR TRANSMISSION TOWER : The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this article, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not "transmission towers."
WIRELESS COMMUNICATIONS : Any person wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication 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 non-cellular telephone service.
Section 2. Purpose and Intent.
A. The purpose of this article is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this article are to:
(1) Protect residential areas and land uses from potential averse impacts of towers and antennas;
(2) Encourage the location of towers on municipally owned property where appropriate or in other non-residential areas;
(3) Minimize the total number of towers throughout the community;
(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) 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;
(6) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(7) 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;
(8) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently.
(9) Consider the public health and safety of telecommunication towers; and
(10) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
B. In furtherance of these purposes, the Village of Ridgefield Park shall give due consideration to the Village Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
Section 3. Applicability.
A. New Towers and Antennas.
All new telecommunications towers or antennas in the Village of Ridgefield Park shall be subject to these regulations.
B. Pre-existing Towers or Antennas.
Pre-existing telecommunications towers and preexisting antennas shall not be required to meet the requirements of this article, other than the requirements of Section 10 and Section 11 absent any enlargement or. structural modification or the addition of any antennas.
The requirements set forth in this article 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.
D. 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 article. E. Amateur Radio Station Operators/ Receive-Only Antennas. This article 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.
F. Satellite Dish Antennas.
This article shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
Section 4. General Requirements.
A. 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.
B. 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.
C. State or Federal Requirements.
All towers must meet or exceed current standards and regulations of 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 article 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.
D. 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.
E. Non-essential Services.
Telecommunications towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or provide utilities.
F. 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 rules 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 his article 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.
G. Co-location Required.
The Village of Ridgefield Park mandates that carriers co-locate antennas on towers and other structures whenever possible. See Section 7 for co-location requirements.
H. 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.
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 pre-existing towers, buildings or other structures.
J. County Planning Board Approval.
All site plans for new telecommunication towers or antennas located along county roads shall be submitted to the Bergen County Planning Board for review.
Section 5. Use Regulations.
A. Conditional Use. Wireless telecommunications facilities are permitted as conditional uses:
(1) On lands owned by the Village of Ridgefield Park in the 1-2 Zone - west of Industrial Avenue.
(2) In the I-2 Zone west of Industrial Avenue.
B. Conditional Use Standards. Wireless telecommunications facilities may be permitted on the above-referenced lands provided that:
(1) The minimum lot size on which the telecommunications facility is to be located is at least one acre in area.
(2) Lattice towers and any type of guyed tower are prohibited.
(3) Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:
(b) For up to four carriers, up to 130 feet in height.
C. Factors Considered in Granting Conditional Use Permits.
(1) In additional to the above standards, the Approving Board shall consider the following factors in determining whether to issue a conditional use permit:
(a) Proximity of the tower to residential structures and residential district boundaries;
(b) Nature of uses 'on adjacent and nearby properties;
(c) Surrounding topography;
(d) Surrounding tree coverage and foliage;
(e) 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;
(f) Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures;
(g) Availability of proposed tower to other potential carriers.
(2) This list is considered to be illustrative in nature and may not include all factors to be considered.
Section 6. Site Design Standards.
The following site design standards shall apply to wireless telecommunications facilities: A. New Towers.
(1) 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 pre-existing buildings or structures are exempt from this requirement.
(2) Fall Zone.
A.fall zone shall be established such that the tower is setback 75% of the height of the tower from any adjoining lot line or non-appurtenant building.
(3) Security Fencing.
Towers shall be enclosed by security fencing not less than six feet in height. Towers shall also be equipped with appropriate anti-climbing measures.
(4) Landscaping.
The following requirements shall govern the landscaping surrounding towers:
(a) Tower facilities shall be landscaped with a buffer of plan 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.
(b) 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
(c) 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.
(5) 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.
(6) Aesthetics.
Towers and antennas shall meet the following requirements:
(a) 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. a
(b) 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.
(7) 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:
(a) 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
(b) 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.
(8) 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 Telecommunication Industry Association (TIA) or by law, such as warning and equipment information signs.
B. Antennas Mounted on Existing Structures or Roof Tops.
(1) 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 I-2 Zone west of Industrial Avenue.
(a) Side and roof-mounted personal wireless service facilities shall not project more than ten feet above the height of an existing building or structure nor project more than ten feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate 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.
(b) The antenna complies with all applicable FCC and FAA regulations.
(c) The antenna complies with all applicable building codes.
(d) The equipment structure shall not contain more than 200 square foot 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.
(2) 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.
(3) Antennas on existing towers. An antenna may be attached to a pre-existing tower in a non-residential 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:
(a) A tower which is modified or reconstructed to accommodate the colocation of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.
(b) An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this article.
(c) On-site location.
1. A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on-site within 50 feet of its existing location.
2. After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
(4) 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.
Section 7. Co-location Requirements.
A. 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-one 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:
(1) A survey of all existing structures that may be feasible sites for co-locating personal wireless service facilities;
(2) 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;
(3) Sharing information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location; and
B. 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 colocation. 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.
C. 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, must also include RF design data.
Section 8. Location Priorities.
Wireless telecommunications facilities shall be located and approved in accordance with the following prioritized locations:
A. The first priority shall be for new towers or antennas shall be on land or buildings owned by the Village of Ridgefield Park - west of Industrial Avenue.
B. 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.
C. 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.
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:
A. 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 fall 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 telecommunication services within the Village of Ridgefield Park. The comprehensive service plan shall indicate the following:
(1) Whether the applicant's subscribers can receive adequate service from antennas located outside the borders of the Village of Ridgefield Park.
(2) How the proposed location of the antennas relates to the location of the antennas relates to the location of any existing towers within and/or near the Village of Ridgefield Park.
(3) 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.
(4) How the proposed location of the antennas relates to the objectives of co-locating the antennas of different service carriers on the same tower.
(5) 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.
B. 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 article.
C. Legal description of the entire tract and leased parcel (if applicable).
D. The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties and public and private schools.
E. The separation distance from other towers and antennas.
F. A landscape plan showing specific landscape materials including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
G. Method of fencing and finished color and, if applicable, the method of camouflage.
H. A description of compliance with all applicable federal, state or local laws.
I. A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.
J. Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunication sites owned or operated by the applicant in the Village.
K. 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 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.
L. 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.
M. An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
(1) Take into consideration all co-located radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
(2) Be performed by a RF engineer, health physicist or similar knowledgeable individual.
(3) Follow current methods recommended by the FCC for performing such analyses.
Section 10. Monitoring and Maintenance.
A. (1) 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 a RF engineer, stating the RFR measurements are accurate and meet FCC Guidelines as specified in the radio frequency standards section of this bylaw.
(2) A copy of the annual referred to in A (1) be provided to the Building Department of the Ridgefield Park within ten (10) days after its completion by the applicant on a yearly basis.
B. The applicant and co-applicant 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.
Section 11. Abandonment or Discontinuation of Use.
A. 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.
B. Upon abandonment or discontinuation of use, at the option of the Borough, the carrier shall be physically remove the personal wireless service facility within 90 days from the date abandonment or discontinuation of use. "Physically remove" shall include, but not limited to:
(1) Removal of monopoles, antennas, mount, equipment shelters and security barriers from the subject property.
(2) Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
(3) 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.
C. 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.
D. 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 they are 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 C above and the Board considering the application.
Section 12. Penalties.
(1) Any person or entity who violates any provision of this ordinance shall be punished by a fine not exceeding One Thousand and 00/100 Dollars, or by imprisonment in a place provided by the municipality for the detention of prisoners not exceeding ninety (90) days, or by a period of community service not exceeding ninety (90) days. Any person who is convicted of violating this ordinance within one year of the date of a previous conviction of the same ordinance, 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 One Hundred and 00/100 ($100.00) Dollars and shall not exceed the sum of One Thousand and 00/100 ($1,000.00) Dollars, or imprisonment for a term not to exceed ninety (90) days, or the person may be required to perform community service for a term not to exceed ninety (90) days, or the person may be required to perform community service for a period not to exceed ninety (90) days.
(2) 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 ninety (90) days. The person may be required to perform ninety (90) days of community service. All penalties for a violation of this Ordinance 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 Ordinance 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 ordinance is violated shall constitute a separate and distinct violation.
Section 13. Severability Clause.
It is hereby declared to be the intention of the Board of Commissioners that the sections, paragraphs, clauses and phrases of this ordinance, when adopted, are severable, and if any sections, paragraphs, clauses, sentences or provisions of this ordinance as adopted shall be declared unconstitutional or otherwise invalid, same shall not affect any of the remaining sections, paragraphs, clauses and phrases of this ordinance.
Section 14. Prior Inconsistent Ordinances Superceded.
All ordinances or parts of ordinances contrary to or inconsistent with this ordinance are hereby superceded. Any and all ordinances or parts thereof in conflict or inconsistent with any of the terms and provisions of this Ordinance are hereby repealed to such extent as they are so in conflict or inconsistent.
Section 15. Publication.
This Ordinance is being published in accordance with the provisions of N.J.S.A. 40:49-2 and N.J.S.A. 40:55D-62 et. seq. Three copies of this Ordinance as introduced have been placed on file in the Village Clerk's Office and are available for public inspection until final action is taken on the Ordinance. This Ordinance shall become effective upon final publication in accordance with the laws. A copy of this Ordinance shall also be filed or adopted by the Bergen County Planning Board and the Assessor of the Village of Ridgefield Park.
Section 16. Effective Date.
This Ordinance shall take effect upon final publication and in accordance with the time provided by law for the effective date of this Ordinance.
