Port Republic City Zoning Code
ARTICLE IV
Wireless Telecommunications Facilities
§ 160-18 Conditional use.
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.
§ 160-19 Definitions.
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.
§ 160-20 Preexisting towers and antennas.
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.
§ 160-21 General requirements.
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.
§ 160-22 Collocation policy.
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.
§ 160-23 Site location alternative analysis.
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.
§ 160-24 State and federal requirements.
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.
§ 160-25 Safety standards; inspections.
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.
§ 160-26 Tower setbacks.
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.
§ 160-27 Lot size.
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.
§ 160-28 Abandonment and removal.
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.
§ 160-29 Accessory and joint uses.
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.
§ 160-30 Monopole construction.
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.
§ 160-31 Additional submission requirements.
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.
§ 160-32 Cessation of use.
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.
§ 160-33 Visual impact study.
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.
§ 160-34 Design standards.
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.
§ 160-35 Accessory utility buildings.
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.
§ 160-36 Landscaping requirements.
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.
§ 160-37 Lighting.
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.
§ 160-38 Height.
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.
§ 160-39 Signs and advertising.
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.
§ 160-40 Fencing and other security devices.
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.
§ 160-41 Noise.
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.
§ 160-42 Radio frequency emissions.
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.
§ 160-43 Application requirements.
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.