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).

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

Design and construction.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Towers shall not be located between a principal structure and a public street.

Towers must be set back a distance equal to 1.5 times the height of the tower from any off-site residential structure.

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.

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.

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.

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.

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.

Telecommunications towers may be located on sites containing another principal use in the same buildable area.

A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations.

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.

Indicates the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas.

Description of the tower's capacity, including the number and type of antennas that it can accommodate.

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.

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.

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.

The following standards shall apply to clearing and landscaping for construction of new local communications facilities:

Depending upon site conditions and requirements, the Planning Board may waive any or all of the landscaping requirements.

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.

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 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.

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.

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.

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: