Wireless telecommunications towers and antennas are permitted
as a conditional use as follows:
A. Pinelands Area. Wireless telecommunications towers and antennas shall
be permitted as conditional uses in those areas authorized by the
Pinelands Commission under the Comprehensive Plan for Wireless Communications
Facilities in the Pinelands (approved by the Pinelands Commission
on September 11, 1998) and the PCS Phone Facilities Plan (approved
by the Pinelands Commission on January 14, 2000).
B. Non-Pinelands Area. Wireless telecommunications towers and antennas shall be permitted as a conditional use if the tower that is the subject of the application is an existing cell tower (collocation applicant) or if the applicant is proposing to locate the cell tower at one of the preferred locations designated in §
160-21B(1) through and including B(4). The exercise of any approval granted under this article shall be consistent with the overall zoning and planning objectives of the City of Port Republic Master Plan and this chapter.
As used in this article, the following terms shall have the
meanings indicated:
ANCILLARY FACILITIES
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including but not limited
to repeaters, equipment housing and ventilation and other mechanical
equipment.
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.
COLLOCATION
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.
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.
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.
PREEXISTING TOWERS and PREEXISTING ANTENNAS
Any tower or antenna for which a building permit has been
properly issued 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.
TELECOMMUNICATIONS FACILITY
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this article, amateur radio
transmission 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 personal wireless services as defined in the Federal
Telecommunications Act of 1996, which includes FCC-licensed commercial
wireless telecommunications services, including cellular, personal
communications 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 a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
Wireless telecommunications towers that existed on the date
of the adoption of this article are subject to the following provisions:
A. Nonconforming wireless telecommunications towers may continue in
use for the purpose now used, but may not be expanded (i.e., by increasing
size or height or by adding additional users) without complying with
this article.
B. Nonconforming wireless telecommunications towers which are partially
damaged or destroyed due to any reason or cause may be repaired and
restored to their former use, location and physical dimensions subject
to obtaining a building permit therefor, but without otherwise complying
with this article. However, should the destruction or damage be determined
by the Port Republic Planning Board to be of such an extent that it
is beyond the scope and intent of the "partial destruction" clause
of N.J.S.A. 40:55D-68, then repair or restoration will require compliance
with this article.
C. The owner of any nonconforming wireless telecommunications tower
may repair, rebuild and/or upgrade (but not expand such telecommunications
tower or increase its height or reduce the setbacks) in order to improve
the structural integrity of the facility, to allow the facility to
accommodate collocated antennas or facilities or to upgrade the facilities
to current engineering, technological or communications standards
without having to conform to the provisions of this article.
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 provider's 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 telecommunications tower relates
to the objective of providing full wireless communications services
within the City of Port Republic area.
B. How the proposed location of the proposed telecommunications tower
relates to the location of any existing antennas within and near the
City of Port Republic area.
C. How the proposed location of the proposed telecommunications tower
relates to the anticipated need for additional antennas within and
near the City of Port Republic area by the applicant and by other
providers of wireless communications services within the City of Port
Republic area.
D. How the proposed location of the proposed telecommunications tower
relates to the objective of collocating the antennas of many different
providers of wireless communications services on the same wireless
telecommunications tower.
E. How its plans specifically relate to, and are coordinated with, the
needs of all other providers of wireless communications service within
the City of Port Republic area.
All towers must meet or exceed current standards and regulations
of the 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, 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 six
months of the effective date of such standards and regulations, unless
a different compliance schedule is mandated by the controlling state
or federal agency, in which case the latter scheduling will control.
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.
To ensure the structural integrity of towers, the owner of a
telecommunications facility shall ensure that it is maintained in
compliance with standards contained in applicable local building codes
and the applicable standards for such telecommunications facilities,
as amended from time to time and as may be published by the Electronics
Industries Association, or such other agency or association having
expertise in the field. Owners of towers shall conduct periodic inspections
of such facilities at least once every year to ensure structural integrity,
said inspection shall be conducted by a qualified, independent professional
engineer licensed to practice in the State of New Jersey, and the
results of such inspection shall be provided, by way of written report,
to the City Council of the City of Port Republic. Failure to undertake
such inspection and/or provide the City with the aforementioned report
shall constitute grounds for the removal of the tower or antenna at
the owner's expense.
The following setback requirements shall apply to all telecommunications
towers and antennas; provided, however, that the Planning Board may
reduce the standard setback requirements of this article depending
upon the particular site conditions and requirements, and provided
that the goals of this article can otherwise be satisfied:
A. Towers shall meet the setbacks of the underlying zoning district
or 100% of the height of the tower, including all antennas and attachments,
whichever is greater, unless the applicant can demonstrate that a
tower failure will not have an impact on the surrounding area.
B. A fall zone shall be established such that the tower is set back
100% of the height of the tower, including all antennas and attachments,
from any adjoining lot line, right-of-way line, areas used for public
access or nonappurtenant access or building, unless the applicant
can demonstrate that a tower failure will not have an impact on the
surrounding area.
C. Towers shall not be located between a principal structure and a public
street.
D. Towers must be set back a distance equal to 1.5 times the height
of the tower from any off-site residential structure.
E. For antennas attached to the roof or a supporting structure on a
rooftop, a one-to-one setback ratio (example: ten-foot-high antenna
and supporting structure requires ten-foot setback from edge of roof)
shall be maintained unless an alternative placement is shown to reduce
visual impact.
F. A tower's setback may be reduced, or its location in relation to
the public street varied, at the discretion of the Board, to allow
the integration of a tower into an existing or proposed structure,
such as a church steeple, light standard, tower line support device
or similar structure.
For purposes of determining whether the installation of a tower
or antenna complies with district development regulations, including
but not limited to setback requirements, lot coverage requirements
and such other requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located only on
a portion of such lots.
Monopole tower construction shall be utilized in all cases except
where it can be conclusively demonstrated that a monopole construction
is not suitable for a specific location or application or that a different-type
pole is necessary for the collocation of additional antennas on the
tower.
A report from a qualified expert containing the following is
required:
A. A description of the tower and the technical and other reasons for
the tower design and height, including cross sections and elevations.
B. Documentation to establish that the tower has sufficient structural
integrity for the proposed use at the proposed location and meets
the minimum safety requirements and margins according to FCC requirements
in their current adopted standards and revisions.
C. Indicates the height above grade for all potential mounting positions
for collocated antennas and the minimum separation distance between
antennas.
D. Description of the tower's capacity, including the number and type
of antennas that it can accommodate.
E. Statement detailing current FCC information concerning wireless telecommunications
towers and radio frequency admission standards, as well as information
on the projected power density of the proposed facility and how it
meets the FCC standards.
F. A letter of commitment by the applicant to lease excess space on
the tower to other potential users at prevailing rates and standard
terms. The letter of commitment shall be recorded prior to the issuance
of any building permits. The letter shall commit the tower owner and
his successors in interest to this obligation.
A copy of the relevant portions of a signed lease which requires
the applicant to remove the tower and associated facilities upon cessation
of operations of the site shall be submitted at the time of the application.
A visual impact study, graphically simulating through models,
computer-enhanced graphics or similar techniques the appearance of
any proposed tower and indicating its view from at least five locations
around and within one mile of the proposed wireless telecommunications
tower where the wireless telecommunications tower will be most visible,
shall be submitted. Aerial photographs of the impact area shall also
be submitted.
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 the tower and related facilities to
the natural setting and built environment. The towers themselves shall
be of a color appropriate to the tower's locational context so as
to make it as unobtrusive as possible, unless otherwise required by
the FAA. To the extent that any local communications facility or its
supporting new tower extends above the height of the vegetation immediately
surrounding it, they shall be painted in a light gray or light blue
hue which blends with the sky.
All utility buildings and structures accessory to a tower shall
be architecturally designed to blend in with the surrounding environment
and shall meet the minimum setback requirements of the underlying
zoning district. Ground-mounted equipment shall be screened from view
by suitable vegetation, except where a design of nonvegetative screening
buffer reflects and complements the architectural character of the
surrounding neighborhood. A landscape plan shall be submitted for
review of proposed screening.
No lighting is permitted except as follows:
A. Equipment buildings and compounds 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.
B. No lighting is permitted on a wireless telecommunications tower except
lighting that specifically is required by the 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.
The antenna and any supporting structure shall not exceed 200
feet in height, but, if a lesser height, shall be designed so that
its height can be increased to 200 feet if necessary to accommodate
other local communications facilities in the future.
No advertising is permitted on a telecommunications tower or
accompanying facilities. Only signs for warning or equipment information
shall be permitted on any portion of a tower or equipment building.
Telecommunications towers and equipment buildings in compounds
shall be surrounded with security features, including an appropriate
anti-climbing device or other similar protective device to prevent
unauthorized access to the telecommunications facilities, and shall
be further surrounded with a security fence. Additional safety devices
shall be permitted or required, as needed and as approved by the Board
as may be necessary.
No equipment shall be operated so as to produce noise in excess
of limits set by applicable standards, except in emergency situations
requiring the temporary use of a backup generator.