Woodbine City Zoning Code
§ 26-66.8
Application Requirements.
[Added 6-16-2022 by Ord. No. 606-2022]
a.
Preapplication Conference. Early consultation by applicants with municipal officials and representatives of the Pinelands Commission is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the Planning/Zoning Board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the Planning/Zoning Board will meet with the applicant at the next regularly scheduled meeting of the Board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration of a formal application by the Planning/Zoning Board.
b.
New local communications facilities shall require conditional use approval and major site plan approval by the Planning/Zoning Board. All persons seeking to build such a facility must submit an application to the Planning/Zoning Board that contains the following information:
1.
A current survey of the site, prepared by a New Jersey Licensed Professional Land Surveyor showing the existing site conditions.
2.
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 one foot intervals based upon the North Atlantic Vertical Datum of 1988 (NAVD 88); existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; limits of clearing; the setback distance from the nearest structure and setback distance from all property lines;
3.
Photographs of the proposed site of the facility showing current conditions;
4.
A scale 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 proposed 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 new 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 co-locate on the proposed facility;
9.
For facilities proposed in the Pinelands Area, a notarized statement indicating that the applicant will abide by the provisions of "Exhibit B Co-location 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 co-locate on the proposed facility (either by inclusion of the site in a comprehensive plan approved by the Pinelands Commission 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.
A Certificate of Filing issued by the Pinelands Commission pursuant to N.J.A.C. 7:50-4.34.
12.
Computer simulation models, photographic juxtaposition and similar techniques are not mandated, but, if submitted in support of the application, may be used by the planning board in determining conformance with the visual impact standards of subsection 26-66.5b5 (Height Limitations and Locational Requirements for New Local Communication Facilities) of this section. Such materials may also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4.
13.
In the event that co-location is found not to be feasible, a written statement of explanation shall be submitted to the Planning Board. The Planning Board may retain a technical expert in the field of radiofrequency engineering to verify if co-location at the site is not feasible or is feasible given the design configuration most accommodating to the co-location, or that a new tower has less visual impact at an alternative site. The cost for such a technical expert will be at the expense of the applicant.
c.
The Borough of Woodbine permits wireless communications providers to submit a single application for approval of multiple facilities.
d.
Federal Environmental Requirements.
1.
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch.I). The FCC requires that an environmental assessment be filed with the FCC prior to beginning operations or certain facilities. The environmental assessment must be submitted as part of any municipal application for such a facility.
2.
Federal regulations also require avoidance of siting of new towers in proximity to designated wild and scenic rivers. If an applicant proposes to locate a new tower in proximity to a designated river, proof of Federal review and approval of such siting must be submitted as part of any municipal application for such a facility.