Pemberton City Zoning Code
ARTICLE XVI
Telecommunications Facilities
§ 210-63 Definitions.
For the purpose of this chapter, the following definitions shall apply:
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals owned or operated by any person as authorized pursuant to the terms of this chapter.
An unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
A structure other than a communications equipment building, such as a monopole, self-supporting tower, or the like, designed and used to support any communications antenna.
The height of a communications tower shall be computed based upon the vertical distance measured from the ground level to the highest point on a tower, including mounted antennas.
Anything built, constructed or erected which requires location on the ground or attachment to something located on the ground.
§ 210-64 Permitted uses.
The Zoning Ordinance is hereby amended to provide that a communications antenna, a communications tower and communications equipment building are permitted uses on any property owned by the Borough.
§ 210-65 Regulations.
The following regulations shall apply to a communications antenna and communications equipment building.
A.
Any applicant proposing to construct a communications antenna to be mounted on a building or other structure shall submit evidence from a New Jersey licensed professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or other structure, considering wind and other loads associated with the antenna location.
B.
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit detailed construction and elevation drawings indicating how the antennas will be mounted for review for compliance with all applicable codes, laws and ordinances.
C.
Any applicant proposing a communications antenna to be mounted on a building or other structure shall submit evidence of agreements and/or easements necessary to provide access to the building or structure on which the antenna is to be mounted so that installation and maintenance of the antenna and communications equipment building can be accomplished.
D.
A communications antenna shall not cause radio frequency interference with other communications facilities located in the Borough.
E.
The owner or operator of a communications antenna shall demonstrate that the proposed Communication Tower and communications antenna comply with all applicable standards established by the Federal Communications Commission and the Federal Aviation Administration, and have received all necessary licenses and approvals from said agencies, and any other governmental agency having jurisdiction concerning the location and operation of a communication's tower and/or communications antenna. A copy of each license and approval will be provided to the Borough Clerk.
F.
Access shall be provided by the Borough to the communications tower and communications equipment building by means of a public street or easement to a public street. The easement shall be a minimum of 20 feet in width and shall be improved to a width of at least 10 feet with a dust-free, all-weather surface for its entire length.
G.
The applicant shall demonstrate that the proposed height of the communications tower is the minimum height necessary to perform its function. The maximum height of any communications tower shall be 150 feet; provided, however, that such height may be increased to no more than 225 feet, provided that required setbacks from adjoining property lines are increased by one foot for each one foot of height in excess of 150 feet.
H.
The foundation and base of any communications tower shall be set back from a property line at least 50 feet.
I.
The base of a communications equipment building shall be landscaped so as to screen the foundation and base and from abutting properties.
J.
The communications equipment building and communications tower shall be designed and constructed in a manner which will allow for co-location of equipment and facilities as approved by the Borough Council.
K.
The applicant shall provide the name, address and emergency telephone number for the owner/operator of the communications equipment building and the communications tower; and a certificate of insurance evidencing general liability and property damage coverage in amounts equal to the coverage maintained by the Borough for its own coverage. The Borough shall be named as an additional named insured on the certificate of insurance. Coverage shall be maintained for so long as the communications tower, communications equipment building and/or antenna remain in existence.
L.
All guy wires shall be clearly marked so as to be visible at all times and shall be located within a fenced enclosure.
M.
The site of a communications tower, communications equipment building and/or antenna shall be secured by a fence with a maximum height of eight feet.
N.
No signs or lights shall be mounted on a communications equipment building, communications tower or Antenna, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency having jurisdiction.
O.
If a communications tower or communications equipment building remains unused for a period of 12 consecutive months, the owner or operator shall dismantle and remove the communications tower with six months of the expiration of such twelve-month period.