All communications towers within the Borough of Oceanport shall be subject to these regulations, except as provided in Subsections A(2) and (3) below.

This section shall not govern any tower that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

Lawful, preexisting, nonconforming towers, and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, preexisting, nonconforming structures.

Communications towers shall only be permitted on property owned, leased, or otherwise controlled by the Borough of Oceanport.

No communications tower shall be erected or operated within the Borough except pursuant to a resolution of approval adopted by the Mayor and Council of the Borough of Oceanport and a license or lease approved by the same.

No communications tower shall be erected or operated on property owned or operated by the Board of Education or in any park or other recreation facility.

No communications tower shall stand more than 100 feet for a single carrier, 125 feet for two carriers and 130 feet for three or more carriers.

No communications tower shall be erected or operated within a fall zone, which shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.

In the event any communications tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of Oceanport, at the sole expense of the operator.