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Woodbine City Zoning Code

§ 26-66.4

General Provisions and Requirements.

[Added 6-16-2022 by Ord. No. 606-2022]
a. 
Upon approval by the Planning/Zoning Board, the construction and operation of local communication facilities shall be permitted as a conditional use in certain parts of the municipality subject to the provisions and limitations contained herein.
b. 
All local communications facilities subject to the provisions herein which are located within the Pinelands Area shall comply with the standards of 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 (c)6.
c. 
The Borough of Woodbine may seek, at the applicant's expense, independent expert advice on the specific locational need for design, construction, and operation of local communications facilities to aid in the evaluation of applications for such facilities.
d. 
Use of Existing Structures. The use of existing structures as support platforms for local communications facilities shall be required in all cases where consent of the structure's owner has been secured; use of the structure will not interfere with the signal emitted from other local communications facilities and is otherwise technically feasible; use of the structure will not increase the total number or affect the location of new towers that will be built in the municipality; and the following circumstances apply:
1. 
Use of the structure will not require an expansion and the addition of a local communication facility does not harm the character and integrity of the existing structure;
2. 
Use of the structure will require an expansion in height but not in excess of 50% of its current height, area or massing profile, and it is either in a certified plan approved by the Pinelands Commission or it is an existing communication structure; or
3. 
Use of the structure will require an expansion in excess of 50% where the site is identified in a comprehensive plan approved by the Pinelands Commission and the expansion or reconstruction will preserve the current use and the visual impact of installation of the expanded structure will be less than that of a new local communication facility.
e. 
The applicant for a local communication facility which involves construction of a freestanding tower more than 100 feet in height shall make space available on the tower for municipal communications needs to the municipality, if technical operating requirements allow. The municipality shall use such space solely for installation of communications devices for fire, police, or emergency medical services.
f. 
The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. 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 existing, suitable facility within the service area that could be utilized. Citation in a comprehensive plan approved by the Pinelands Commission shall serve as evidence of the need for a facility in a general area but not as to the need for any specific site.
g. 
The applicant shall agree in writing to submit certification to the Planning/Zoning Board and the Pinelands Commission every five years that the proposed local communications facility is still in use and that its height cannot be decreased because of operational needs. Oversized facilities shall be reduced to the minimum height necessary for operational needs, as determined by the Planning/Zoning Board, within 12 months of the certification.
h. 
The applicant shall agree that if a new tower is approved, co-location will be permitted unless technically infeasible. The applicant shall also agree that all of the local communication facilities under his or her control within the municipality shall be made available for co-location purposes.