Woodbine City Zoning Code
§ 26-66.5
Height Limitations and Locational Requirements for New Local Communication Facilities.
[Added 6-16-2022 by Ord. No. 606-2022]
a.
Non-Pinelands Zoning Districts and Non-Height Restricted Pinelands Zoning Districts. Within the R1, R2, AA, AB, INST, TC, RD, LIM, and DLIM Zoning Districts, local communications facilities may be built to whatever height is the minimum necessary to provide adequate services, as demonstrated by the applicant and determined by the Planning/Zoning Board.
b.
New Towers in Pinelands Height Restricted Zones. The following provisions shall apply in the FAR and ARR Zoning Districts.
1.
No application for construction of a new local communication facility tower shall be approved unless the comprehensive plan governing such facilities, referenced in subsection 26-66.4b (General Provisions and Requirements) herein, has been approved by the Pinelands Commissions.
2.
New local communications facility towers shall not exceed 200 feet in height, as measured from grade. Freestanding towers built to a lesser height shall be designed so that their height may be increased to a maximum of 200 feet if necessary to accommodate the needs of other local communications.
3.
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 referenced in paragraph b, 1. above. The applicant shall initially determine and demonstrate a technically feasible search area within this radius.
(a)
If the search area contains lands located both inside and outside the Pinelands or lands in more than one Pinelands management area, the applicant shall seek to site the facility in accordance with the following hierarchy, with the first designation being the location of greatest preference:
(1)
Outside the Pinelands Area;
(2)
Within a Pinelands Town, including the R1, R2, AA, AB, INST, TC, RD, LIM, and DLIM Zoning Districts;
(3)
Within a Pinelands Rural Development Area, including the AR Zoning District; and
(4)
Within a Pinelands Forest Area, including the FAR Zoning District, provided that the resulting site does not cause an increase in the number of new towers in these areas from that identified in the approved plan.
4.
Within the FAR and ARR Zoning Districts, new local communications facility towers shall be permitted only at the following locations:
(a)
On developed publicly owned lands within 500 feet of an existing structure, provided that the facility will be located on previously disturbed lands that have not subsequently been restored and that no facility will be located on State, County, or municipal conservation lands, State recreation lands or County and Borough lands used for low intensity recreational purposes;
(b)
On the parcel of an approved resource extraction operation, provided that the facility will be located on previously disturbed lands that have not subsequently been restored;
(c)
On the parcel of an existing first aid or fire station; or
(d)
On the parcel of an existing landfill, provided that the facility will be located on previously disturbed lands that have not subsequently been restored.
5.
To the extent feasible and consistent with other provisions contained in this section, a new local communication facility tower shall be sited in a manner which:
(a)
Minimizes visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public, in order of decreasing priority:
(b)
Avoids, to the maximum extent practicable, visual impacts as viewed from the wild and scenic rivers and special scenic corridors listed in N.J.A.C. 7:50-6.105(a), the Pine Plains and areas necessary to maintain the ecological integrity of the Pine Plains;
(c)
Minimizes visual impacts as viewed from existing residential dwelling located on contiguous parcels through adherence to the buffer, setback and screening requirements established in subsections 26-66.5c (Height Limitations and Locational Requirements for New Local Communication Facilities) and 26-66.6i (Design and Construction Requirements) of this section.
6.
If multiple sites for new towers which meet all other qualifications are available, the site with the least visual impact shall be selected; if only a single qualifying site is available, the best location on the site that meets all other standards of this section shall be selected.
7.
The design and construction of all new local communications facility towers shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise, or hide local communications facilities towers so that they blend into the natural background to the maximum extent possible.
c.
All Zoning Districts. The following provisions shall apply throughout the Borough.
1.
Local communications facilities shall be located so as to meet the technical operating requirements of the applicant and any potential co-locators who have expressed a desire to use the same facility.
2.
Local communications facilities shall be located, in order of preference, on:
(a)
Existing structures whose appearance would not be significantly altered (no more than de minimis change in their mass or height, and no impact upon a historic structure or structures within historic districts that have been designated in accordance with the provisions of N.J.A.C. 7:50-6.154, unless the installation can be accomplished consistent with the criteria of N.J.A.C. 7:50-6.156). The following sites have been identified by the Borough of Woodbine as having existing structures, and are situated in acceptable areas.
(b)
Other structures whose appearance would be significantly altered provided that the visual impact of the former would not exceed that of the eligible undeveloped sites; and
(c)
Undeveloped sites eligible for a new tower.
3.
All freestanding local communication facility towers shall maintain a minimum distance of 200 feet from any other structure not on the parcel, public road, sidewalk, residentially developed lot or recreational area and shall comply with the siting design provisions of paragraph b5 above, where applicable. The Planning Board may reduce this setback requirement by as much as 50% of the required distance, if it finds that limited sites and land tenure necessitates such reduction and safety and visual impacts may be alternately addressed.