[Added 8-10-2010 by Ord. No. 09-2010]
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:
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.
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.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
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.
The Federal Communications Commission.
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.
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.
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.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
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.
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.
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.
A.
All local communications facilities subject to the provisions herein
located within the Pinelands Area must meet the standards of the N.J.A.C.
7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive
plan for such facilities approved by the Pinelands Commission in accordance
with N.J.A.C. 7:50-5.4.
B.
Locational priority. Wireless telecommunications towers, where permitted as a conditional use in accordance with § 160-18 above, shall be located in accordance with the following:
(1)
Existing towers. The first priority location shall be collocation
on existing telecommunications towers used for transmitting or receiving
analog, digital, microwave, cellular, telephone, personal wireless
service or similar forms of an electronic communication.
(2)
Public land or structures. The second priority location shall be
on land or structures owned by, in order of specific preference, the
City of Port Republic; the Port Republic Board of Education; and any
other state, county or local governmental agencies or bodies, including
the Port Republic Fire Company.
(3)
The third priority location shall be commercial land or structures.
(4)
The fourth priority location shall be such other locations as the
applicant proves are essential to provide required service to the
City of Port Republic area.
C.
The total number of local communications facilities in the municipality
shall be the minimum necessary to provide adequate service but the
total number of telecommunication towers within the municipality shall
not exceed four towers. As such, no application for construction of
a local communications facility shall be approved until the applicant
has demonstrated that there is a need for the facility and that there
is no such existing, suitable facility within the service area that
could be utilized. Citation in a certified plan by the Pinelands Commission
shall be evidence of the general need in the areas but not as to a
specific site.
[Amended 9-8-2020 by Ord. No. 08-2020]
D.
No application for construction of a new local communications facility
tower in the Pinelands Area shall be considered unless the Comprehensive
Plan governing such facilities has been approved by the Pinelands
Commission.
E.
Within the Pinelands Area, all new local communications facility
towers shall be located within the area consistent with the service
need for the facility, but in no case beyond a five-mile radius of
the area specified in the Comprehensive Plan. The applicant will initially
determine and demonstrate a technically feasible search area within
this radius.
F.
If the search area crosses the boundaries of the Pinelands Area or
its management areas, the applicant shall seek to site the facility
in accordance with the Pinelands Commission's hierarchical policy
for the specific siting of local communications facilities.
G.
Additionally, if multiple sites for new towers that meet all other
qualifications are available, the site with the least visual impact
should be selected; if only a single qualifying site is available,
the best location on the site that meets all other standards must
be used.
H.
Design and construction.
(1)
The design and construction of a new local communications facility
tower in the Pinelands Area shall adhere to the provisions of N.J.A.C.
7:50-6.103 to 7:50-6.105 regarding setbacks from scenic corridors
and in environmentally sensitive areas.
(2)
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 obstructiveness.
(3)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use material, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings.
A.
Prior to any collocation on any cell tower, the applicant shall first
provide the City with the right of first refusal for the installation
of equipment necessary to the functioning of the City's telecommunications
network.
B.
Each applicant for a new telecommunications tower shall present documentary
evidence regarding the need for wireless antennas within the City
of Port Republic. This information shall identify the wireless network
layout and coverage areas to demonstrate the need for such equipment
within this City.
C.
An applicant proposing to erect a new wireless telecommunications
tower shall provide documentary evidence that a legitimate attempt
has been made to locate the antennas on existing buildings or structures
or collocations sites. Such evidence shall include a radio frequency
engineering analysis of the potential suitability of existing buildings
or structures or collocation sites in the search area for such antennas.
Efforts to secure such locations shall be documented through correspondence
between the wireless telecommunications provider and the property
owner(s) of the existing building or structures or collocation sites.
The City reserves the right to engage a professional radio frequency
engineer to review such documentation, the cost of which engineer
shall be paid from escrow funds supplied by the applicant.
D.
Applicants proposing to construct new telecommunications towers shall
document the locations of all existing telecommunications towers within
the City of Port Republic and surrounding areas with coverage in the
City, as well as any changes proposed within the following twelve-month
period, including plans for new locations or the discontinuance or
relocation of existing facilities. Applicants shall provide competent
testimony by a radio frequency engineer regarding the suitability
of potential locations in light of the design of the wireless telecommunications
network. Where a suitable location on an existing tower is found to
exist, but an applicant is unable to secure an agreement to collocate
its equipment on such tower, the applicant shall provide written evidence
of correspondence with the owner of such tower verifying that suitable
space is not available on the existing tower(s). Where an applicant
seeking to construct a new tower is not a wireless service provider,
the applicant shall prove that adequate wireless telecommunications
services, sufficient to meet the requirements of the Federal Telecommunications
Act of 1996, as amended (hereinafter "FTA"), cannot be provided without
the proposed tower.
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.
A.
Abandonment. Any telecommunications tower and equipment which are
not operated for wireless communications purposes for a continuous
period of six months shall be considered abandoned, whether or not
the owner or operator intends to make use of it or any part of it,
and shall be removed by the facility owner at its cost. The Planning
Board may approve an extension of this deadline. The owner of a telecommunications
tower and the owner of the property where the facility is located
shall be under a duty to remove the abandoned telecommunications tower.
If such antenna and/or tower is not removed within 60 days of receipt
of notice from the City notifying the owner of such abandonment, the
City may remove such tower and/or antenna. If the owner of an abandoned
tower or antenna wishes to use such abandoned tower or antenna, the
owner must first apply for and receive all applicable permits and
meet all of the conditions of this article as if such tower or antenna
was a new tower or antenna.
B.
Removal. When an owner of a telecommunications tower and antenna
who has been notified to remove same fails to do so within 60 days
of receipt of notice from the City notifying the owner and/or operator
of such abandonment and the need to remove same, then the City may
remove such tower and/or antenna and place a lien upon the property
for the cost of removal. If removed by the owner, a demolition permit
shall be obtained and the facility shall be removed. Upon removal,
the site shall be cleaned, restored and revegetated to blend with
the existing surrounding vegetation at the time of abandonment. The
facility owner shall post a bond at the time that a construction permit
is issued for demolition to cover the cost of tower removal and site
restoration. The amount of the bond shall have taken into consideration
any cost escalation that may be reasonably anticipated. Any delays
by the City in taking action under this clause shall not in any way
waive the City's right to take action.
A.
Accessory structures used in direct support of a telecommunications
tower shall be allowed but shall not be used for offices, vehicle
storage or other outdoor storage. Mobile or immobile equipment not
used in direct support of a telecommunications facility shall not
be stored or parked on the site of the telecommunications facility.
B.
Telecommunications towers may be located on sites containing another
principal use in the same buildable area.
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.
A.
Landscaping shall be provided along the perimeter of a security fence
to provide a visual screen or buffer for adjoining private properties
and the public right-of-way. Required front yard setbacks shall be
landscaped. Existing on-site vegetation shall be preserved or improved,
and disturbance of existing topography shall be minimized unless such
disturbance would result in less visual impact of the site to the
surrounding area. Any access road to the local communications facility
shall be landscaped or be oriented in such a way as to preclude a
direct view of the facility from a public venue.
B.
The following standards shall apply to clearing and landscaping for
construction of new local communications facilities:
(1)
Clearing of existing vegetation shall be the minimum necessary to
allow for access to and operation of the facility.
(2)
Tower facilities shall be landscaped with a buffer of plant materials
that effectively screens the view of the tower compound from residential
zones, recreational areas or public roadways in the following manner:
(a)
One or more rows of evergreen trees, at least six feet in height
when planted and capable of forming a visual barrier at least 15 feet
in height within five years of planting.
(b)
Adjacent to residential zones and recreational areas, an additional
staggered row of deciduous trees no less than two-and-one-half-inch
caliper shall be strategically planted around the tower compound.
(c)
The screening shall be maintained and replaced as necessary
while the facility is in service.
(d)
Existing mature tree growth and natural landforms on the site
shall be preserved to the maximum extent possible.
(e)
Supplemental evergreen plantings shall be planted among mature
tree growth to provide a visual barrier within five years of planting
on sites with existing vegetation. In some cases, such as towers on
large wooded lots, natural growth around the property perimeter may
be a sufficient buffer.
C.
Depending upon site conditions and requirements, the Planning Board
may waive any or all of the landscaping requirements.
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.
A.
The FTA gives the FCC sole jurisdiction over the field of regulation
of radio frequency (RF) emission, and telecommunications towers that
meet the FCC standards shall not be conditioned or denied on the basis
of RF impacts. Applicants shall provide current FCC information concerning
wireless telecommunications towers and radio frequency emissions standards.
Applicants for telecommunications towers shall be required to provide
information on the projected power density of the proposed facility
and how this meets the FCC standards.
B.
At annual intervals from the date of the issuance of the conditional
use permit, the applicant shall submit measurement of the noise and
the RF emissions from the local communications facility. Such measurements
shall be made by a qualified technician, which shall certify that
the measurements are within applicable limits.
A.
Preapplication conference. Early consultation by applicants with
municipal officials and, if applicable, representatives of the Pinelands
Commission is encouraged so that all information necessary for an
informed decision is submitted and delays are avoided.
B.
Site plan approval by the Planning Board shall be required before
any new local communications facility may be erected. The following
information shall be submitted to the appropriate board for its review:
(1)
A scaled site plan clearly indicating the location (including street
address and block/lot), type, method of construction and height of
any proposed tower and any accessory structure(s); on-site land uses
and zoning; contour lines at no greater than five-foot intervals AMSL;
existing structures; land uses and zoning within 200 feet (including
adjacent municipalities); any roads within 200 feet; proposed means
of access; limits of clearing; and setbacks from property lines.
(2)
Photos of the proposed site of the facility showing current conditions.
(3)
The setback distance from the nearest structure.
(4)
A map showing the location of all other local communications facility
towers and other structures within the municipality, as well as outside
of the municipality within a five-mile radius. The applicant shall
also identify the height and type of construction of all such structures.
(5)
A landscape plan showing proposed landscaping.
(6)
The location and type of fencing, if applicable, and the type, location,
color and power of any illumination.
(7)
An assessment of the suitability of the use of existing towers or
other structures within the search area to accommodate the local communications
facility in lieu of a tower, if a tower is proposed.
(8)
An assessment of the suitability of the site to accommodate additional
equipment sheds and similar needs of other wireless providers who
may wish to collocate on the proposed facility.
(9)
If the proposed facility would be located within the Pinelands Area,
a notarized statement indicating that the applicant will abide by
the provisions of Exhibit 13, Collocation Opportunities for Wireless
Providers in the Pinelands, contained in the Comprehensive Plan for
Wireless Communications Facilities in the Pinelands approved by the
Pinelands Commission on September 11, 1998.
(10)
Written confirmation from any other wireless providers who have
expressed a desire to collocate on the proposed facility (either by
inclusion of the site in a Pinelands certified plan or at any public
meeting on the application) that the selected site meets their operational
needs and space requirements for equipment sheds and the like.
(11)
Evidence that all notice procedures have been filed, and, if
the proposed facility would be located within the Pinelands Area,
a certificate of filing from the Pinelands Commission issued pursuant
to N.J.A.C. 7:50-4:34.
(12)
Computer simulation models, photographic juxtaposition or a
similar technique shall be submitted in support of the application
to show how the facility will appear on site and will be used by the
appropriate board in determining conformance with the visual impact
standards of this article. Such material will also aid in assessing
the consistency of the application with N.J.A.C. 7:50-5.4.
(13)
Information required for all other standards of this chapter.
(14)
In the event that the collocation is found not to be feasible,
a written statement of the reasons for the unfeasibility shall be
submitted to the City. The City may retain a technical expert in the
field of RF engineering to verify if collocation at the site is not
feasible or is feasible given the design configuration most accommodating
to the collocation or that a new tower has less visual impact at an
alternative site. The cost for such technical expert will be at the
expense of the applicant.