At least five cell phone tower applications are filed with the borough, but the companies have delayed their presentations to the Board of Adjustments because the council could vote to make towers a permitted use at its Oct. 20 meeting.

The current ordinance restricts cell towers to public property. The New Jersey Superior Court invalidated the ordinance when New Cingular Wireless sued the Board of Adjustment after it denied an application to install antennas on a self-storage facility on the southern end of River Road. The courts overturned the Board’s decision.

The council introduced an amended cell tower ordinance that permits towers on private property Aug. 11. Borough Attorney Phil Boggia said the borough’s "hands are tied for the most part" but can put in some restrictions.

"We’ve imposed some buffer requirements to protect the residential areas," Boggia said. "If we adopt something inconsistent with the courts then it will be invalidated again."

The ordinance encourages companies to use the same towers, a practice known as co-location. If a company wants its own tower it must prove that existing structures cannot accommodate its needs.

The ordinance is up for adoption Oct. 20. The Board of Adjustments was set to hear two applications Oct. 1 for cell towers on the Caribbean House, located at 1375 River Road. The companies requested that the applications be postponed until after the council meeting.

Borough Building Official John Candelmo suggested that since there multiple cell tower applications the Board should hold a special meeting to hear them all the same night. The Board agreed to that. If towers on private property becomes a permitted use then the companies would have to reapply with the Planning Board instead of with the Board of Adjustments.