ORDINANCE NO. 04-16

AN ORDINANCE TO AMEND ORDINANCE 310-56.1

ENTITLED “TOWERS AND ANTENNAE”

OF THE BOROUGH OF HILLSDALE

COUNTY OF BERGEN, STATE OF NEW JERSEY

BE IT ORDAINED by the Borough Council of the Borough of Hillsdale as follows:

Section 1. Section A. “Definitions” is hereby amended and supplemented to include the following definition:

“Internet” means the international computer network of both federal and non-federal interoperable packed switched data networks.

Section 2. Section B. “Applicability” is hereby amended and supplemented to include the following new section:

5. Non-profit Internet access. This Section shall not apply to antenna constructed and maintained without providing legal consideration to the Landlord or Tenant occupying the site and functioning for the sole purpose of providing free Internet access to the public at Borough owned or operated property. The antenna must otherwise comply with permit requirements and restrictions applicable to structures, including but not limited to, height as set forth under Section 310-54.

SECTION 3. If any provision of this Ordinance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the Ordinance shall not be invalidated.

SECTION 4. All other ordinances or parts of Ordinances inconsistent herewith are hereby repealed to the extent of such inconsistencies.

SECTION 5. This Ordinance shall take effect immediately upon final passage and publications as required by law.

Passed: