[Added 9-15-1988 by Ord. No. 25-1988]
A. Purpose. It is the purpose of this section to ameliorate certain personal hardships arising from the enactment of Article II of Ord. No. 15-1988 which limits the number of dogs permitted on residential premises to four (4). The personal hardship is particularly pronounced with those individuals who have more than four (4) dogs which they have either bred, raised, kept or keep for show or hobby purposes. Therefore, this section Is intended to permit such hobby kennels as conditional uses in residential zones and to establish certain regulations relating to the same.
B. Definitions. As used in this section, the following terms shall have the meanings indicated
HOBBY KENNEL - Any building, structure, premises or establishment in which more than four (4) dogs are kept, harbored or maintained at any one (1) time for breeding and show purposes Specifically excluded are those kennels in which are kept, harbored or maintained more than four (4) dogs at any one (1) time for breeding and sale or for boarding, as such establishments are deemed to be commercial kennels which are not permitted and have never been permitted in any zone.
C. No preexisting status. No kennels which are presently in existence within the Township of Pemberton, whether they be commercial or hobby, shall be deemed to constitute a preexisting nonconforming use under N.J.S.A 40:55D-5 and 40-55D-68, nor under Pemberton Township Code §§ 190-5 and 190-37. The Township Committee specifically declares that since kennels of any kind have never been lawfully permitted, no lawful preexisting status can be enjoyed by any kennel operator or owner.
D. Conditional use
(1) Establishment. There is hereby established in all residential zones within the Township of Pemberton authority to establish hobby kennels, which shall be a conditional use accessory to the principal use in said zones. Any person desirous of operating or owning a hobby kennel shall follow the procedures for obtaining approval of the use from the Township Planning Board as set forth in § 19056(A)(1) through (4) of the Code of the Township of Pemberton.
(2) No hobby kennel shall be permitted on a lot of less than one (1) acre, where the number of dogs kept is five (5) or six (6); two (2) acres, where the number of dogs kept is between seven (7) and twelve (12); or three (3) acres, where the number of dogs kept is between thirteen (13) and eighteen (18) No more than eighteen (18) dogs shall be permitted on any residential premises, the Township Committee declaring that such constitutes a nuisance in terms of noise, odor and other concerns.
(3) No hobby kennel shall be permitted unless it is located on a lot upon which is also situated a principal residential use.
(4) No hobby kennel or facilities appertaining thereto (dog runs, housing facilities, training areas, etc) shall be permitted within fifty (50) feet of any adjoining property fine, street, alley, governmental right-of-way or boundary of any type; and none shall be permitted in the front yard area of any lot.
(5) All properties upon which hobby kennels are located shall be properly buffered to minimize the noise created by the dogs. Buffer requirements shall be as directed by the appropriate reviewing agency in the course of its site plan review. However, each agency shall require, as part of its site plan review, that the applicant construct a six-foot stockade fence in order to minimize the noise created by the dogs. Only that part of the property which is allocable to the kennel activities themselves (dog run, training area, etc.) need be fenced and not the entire property. Additionally, there need not be a fence around any building which actually houses the dogs. Site plan review may not be waived
(6) All hobby kennels shall be required to obtain site plan approval prior to licensure.
E. Standards of operation. All hobby kennels shall be required to comply with the provisions of the Rules and Regulations Governing the Operation and Maintenance of Kennels, Pet Shops, Shelters and Pounds, promulgated by the New Jersey State Department of Health, codified at N.J.A.C. 8-23-3.1 et seq., and all amendments and supplements thereto, which are incorporated herein by reference and made a part hereof.
F. Licensure
(1) No hobby kennel may be owned or operated within the Township of Pemberton unless the owner thereof has obtained a license from the Township Clerk or other agent designated by the governing body.
(2) The application shall be on a form approved by resolution of the governing body and shall include at a minimum, the information required under N.J.S.A. 4-19-15.8, as well as proof that the applicant has received approval for the use from the Local Planning or Zoning Board and, if conditional approval was received, that all conditions have been met.
(3) The annual license fee for a hobby kennel with ten (10) or fewer dogs shall be ten dollars ($10.); and for more than ten (10) dogs, twenty-five dollars ($25.). This fee shall be in addition to the fees required under § 94-4 of the Code of the Township of Pemberton relating to license and registration fees for each dog.
(4) The initial inspection fee for a hobby kennel, regardless of the number of dogs, shall be one hundred dollars ($100.) and shall be paid before a hobby kennel can be licensed. The annual renewal fee for inspections shall be twenty-five dollars ($25.) and shall be paid with the annual license renewal. In the event that the inspection reveals deficiencies re-inspection, the licensee shall have thirty (30) days to correct the problems. A fee of twenty-five dollars ($25.) shall be paid for each re-inspection.
(5) Licenses shall be issued annually and shall expire on June 30 of each year.
G. Enforcement. The terms of this section shall be enforceable by the township's Animal Control Officer(s), Zoning Officer(s), Code Enforcement Officer(s), Health Officer(s) and/or any law enforcement officers of the Township of Pemberton.
H. Violations and penalties. Any person, firm or corporation who violates any of the terms of this section and who refuses to abate said violation within five (5) days after written notice has been served upon him or it by regular and certified mail, return receipt requested, or personally shall, for each and every violation, be subject to a fine of not more than one thousand dollars ($1,000.) or imprisonment for not more than ninety (90) days or to community service for a period not to exceed ninety (90) days. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this section without the need for additional notice.
I. Civil remedies. In the event that any hobby kennel is constructed, erected, operated or used in violation of this section, the township may institute an action to enjoin or take any other appropriate action or proceeding to prevent such use, including forfeiture of the license. In the further event that the township prevails in such action or proceeding, the offending violator will be liable to reimburse the township for its reasonable attorney's fees and costs incurred in such proceeding
A. Permitted as Conditional Uses in Non-Residential Zones: Subject to the conditions set forth in this Ordinance and to site plan approval, except as otherwise provided below, new telecommunications towers and antennas shall be permitted as conditional uses in all non-residential zoning districts within the Township of Pemberton outside of the Pinelands Area, in all non-residential Zoning districts except the TC District in the Pinelands Regional Growth Area, in the developed portions of Military and Federal Installation Areas, and on the following public owned properties: Block 812 Lot 9.02 (Township Municipal Complex); on the water tower on Block 117, Lot 46 (Township owned water tower on Beech Street); and on the water tower on Block 941, Lot 2 and Block 773, Lots 3 and 4 (Stackhouse School water tower on Trenton Road owned by School Board). Further, towers 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 an January 14, 2000). Telecommunications towers and antennas shall not be permitted in the AR Agricultural Residential District; AP Agricultural Production District; P Preservation District; R-60, R-80, R-96, R-100 and R-200 Single-Family and Two-Family Residential District; R-1 and R-3 Single-Family Residential Districts; R-1 Infill Single-Family Residential District; R-A Infill Residential District With Planned Retirement Community Conditional Use; R-6 Single-Family Residential District; R-17 Single-Family Residential District; MH Mobile Home Residential District; PV Pinelands Village Residential District; or TC Town Center District.
B. Pre-Existing Towers and Antennas: Wireless telecommunications towers that existed on the date of the adoption of this Ordinance (non-conforming wireless telecommunications tower) are subject to the following provisions:
1. Non-conforming 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 Ordinance;
2. Non-conforming 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 therefore, but without otherwise complying with this Ordinance. However, should the destruction or damage be determined by the Pemberton Zoning 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 Ordinance;
3. The owner of any non-conforming 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 co-located antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this Ordinance.
C. General Requirements for Towers and Antennas:
1. All local communications facilities subject to the provisions- herein located within the Pinelands Area must meet the standards of the NJAC 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 NJAC 7 50-5.4(c)6.
2. Locational Priority - If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Pemberton Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with Section 190-50.2.A. above, shall be located in accordance with the following locations:
(a) Existing Towers - The first priority location shall be co-location on existing telecommunications towers used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of an electronic communication, provided, however, that locations which meet this criteria shall be subject to the design and citing components of this Ordinance, and co-location sites shall not become "antenna farms" or otherwise be deemed by the land use board to be visually obtrusive;
(b) Publicly Used Structures - The second priority location shall be on land or structures owned, in order of specific preference:
(1) the Township of Pemberton,
(2) the Board of Education of the Township of Pemberton;
(3) the County of Burlington;
(4) the State of New Jersey;
(5) any other state, county or local governmental agencies or bodies. These publicly used structures are preferred locations throughout the Township because they appear in many zoning districts, are disbursed throughout the Township, and due to their institutional or infrastructure uses, are generally similar in appearance to, or readily adaptable for, telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on a commercial or residential structure. Publicly used structures include, but are not limited to, facilities such as municipal buildings, police or fire stations, schools, libraries, community centers, civic centers, utility structures, water towers, elevated roadways, bridges, flag poles, clock or bell towers, and light poles.
(c) The third priority location shall be wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages, or service stations, particularly where existing visual obstructions or clutter on the roof or along a roof line can and will be removed as part of the installation of the telecommunications facility.
(d) The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the Pemberton Township area.
3. 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 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.
4. No application for construction of a new local communication facility tower in the Pinelands Area shall be considered unless the comprehensive plan governing such facilities has been approved by the Pinelands Commission.
5. Within the Pinelands Area, all new local communication 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.
6. 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 Commissions' hierarchical policy for the specific siting of local communication facilities. This policy requires the following order of preferences:
(a) outside the Pinelands, the locational priorities established in Section 190-50.2.2.C.2 above;
(b) Pinelands Regional Growth Areas, Pinelands Towns, and developed portions of Military and Federal Installation Areas;
(c) Pinelands Rural Development Areas, Agricultural Production Areas, undeveloped portions of Military and Federal Installation Areas and Pinelands Villages other than those expressly identified in N.J.A.C. 7:50-5.4(c)6;
(d) Pinelands Preservation Area District Special Agricultural, Production Areas, Forest Areas and the Pinelands Villages expressly identified in N.J.A.C. 7:50-5.4(c)6 , provided that the resulting site does not cause an increase in the number of new towers identified in a comprehensive plan approved by the Pinelands Commission for this management area group.
7. Within the P Preservation District, R-3, R-6, R-17 and R-100 Single-Family Residential Districts, new local communications facility towers which have been authorized through the Pinelands Commission's approval of a comprehensive plan shall only be sited in one of the following areas:
(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 Municipal 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.
(e) in the event that more than one of the sites listed in (a) through (d) above exists within an area authorized for a new local communication facility tower, the applicant shall be required to address how such sites relate to the locational priorities in subsection C.2 above.
8. Local communications facilities shall be located in accordance with the visual standards of N.J.A.C. 7.50-5 4(c)4ii-v. to the extent feasible and consistent with other provisions contained herein. These standards require that:
(a) such facilities minimize visual impacts as viewed from publicly dedicated roads and highways and from other areas frequented by the public by, in order of decreasing priority:
(1) avoiding, to the maximum extent practicable, any direct line of sight from low intensive recreation facilities and campgrounds; and
(2) minimizing the length of time that antenna structure is visible from publicly dedicated roads and highways;
(b) such facilities minimize visual impacts as viewed from existing residential dwellings located on contiguous parcels through adherence to the buffer and setback requirements established elsewhere in this ordinance.
9. 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.
10. The design and construction of a 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 extent possible.
D. Co-Location Policy:
1. Each applicant for a new telecommunication tower shall present documentary evidence regarding the need for wireless antennas within the Township of Pemberton. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Township.
2. 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 co locations sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or co location 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 co-location sites. The Township 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.
3. Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Pemberton and surrounding areas with coverage in the Township, as well as any changes proposed within the following twelve month period, including plans for new locations in 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 top co-locate 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.
E. 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 providers service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
1. How the proposed location of the telecommunications tower relates to the object of providing full wireless communications services within the Township of Pemberton area;
2. How the proposed location of the proposed telecommunications tower relates to the location of any existing antennas within and near the Pemberton Township area;
3. How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Pemberton Township area by the applicant and by other providers of wireless communications services within the Pemberton Township area;
4. How the proposed location of the proposed telecommunications tower relates to the objective of co-locating the antenna of many different providers of wireless communications services on the same wireless telecommunications tower; and
5. How it's plans specifically relate to, and are coordinated with, the needs of all other providers of wireless communications service within the Pemberton Township area.
F. State or Federal Requirement:
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 Ordinance 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.
G. Safety Standards/Building Codes
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 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 Township Council of the Township of Pemberton. Failure to undertake such inspection and/or provide the Township with the aforementioned report shall constitute grounds for the removal of the tower or antenna at the owner's expense.
H. Tower Set Backs:
The following set back requirements shall apply to all telecommunications towers and antennas, provided, however, that the Planning Board may reduce the standard set back requirements of the section if the goals of the ordinance would be better served thereby; and, in the event any of the following provisions conflict with one another, then the more strenuous and stringent standards shall apply:
1. Towers shall meet the set backs of the underlying zoning district with the exception of the industrial zoning districts, where towers may encroach into the rear set back area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
2. Towers shall be set back from the planned public rights of way as shown on the most recently adopted Master Street Plan of the Township by a minimum distance equal to one and one-half of the height of the tower, including all antennas and attachments.
3. Towers shall not be located between a principal structure and a public street, with the following exceptions:
(a) In industrial zoning districts, towers may be placed within a side yard abutting an internal industrial street; and
(b) On sites adjacent to public streets on all sides, towers may be placed within a side yard abutting a local street.
4. Towers must be set back a distance equal to one and one-half times the height of the tower from any off-site residential structure.
5. For antennas attached to the roof or a supporting structure on a roof top, a 1:1 set back ratio (example: 10 foot high antenna and supporting structure requires 10 foot set back from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.
6. A tower's set back 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.
H. Lot Size:
For purposes of determining whether the installation of a tower or antennas complies with district development regulations, including but not limited to set back 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
I. Abandonment and Removal:
1. 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 costs. 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 sixty (60) days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna as set forth below.
(a) 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 ordinance as if such tower or antenna was a new tower or antenna.
2. Removal - When an owner of a telecommunications tower and antenna, who has been notified to remove same, fails to do so within sixty (60) days of receipt of notice from the Township notifying the owner and/or operator of such abandonment and the need to remove same, then the Township 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 re-vegetated 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.
(a) Any delays by the Township in taking action under this clause shall not in any way waive the Township's right to take action.
J. Principal Accessory and Joint Uses:
Accessory structures used in direct support of a telecommunications tower shall be allowed but 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
K. 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 co-location of additional antennas on the tower.
L. Additional Submission Requirements:
1. A description of the tower and the technical and other reasons for the tower design and height, including cross sections and elevations;
2. 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;
3. Indicates the height above grade for all potential mounting positions for co-located antennas and the minimum separation distance between antennas;
4. Description of the tower's capacity, including the number and type of antennas that it can accommodate;
5. 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.
6. 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.
M. Cessation of Use
N. Visual Impact Study
O. Design Requirement:
Telecommunications towers shall be a monopole design unless the Board determines that an alternative design would better blend into the surrounding environment or is necessary for the co-location of additional antennas on the tower.
P. Aesthetics:
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 communication facility or its supporting new tower extend 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.
Q. 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 set back requirements of the underlying zoning district. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
R. Landscaping:
1. 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 set backs 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 communication facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
2. The following standards shall apply to clearing and landscaping for construction of a new local communications facilities:
(a) Clearing of existing vegetation shall be the minimum necessary to allow for access to and operation of the facility;
(b) The lower portions of local communications facilities, which will be located adjacent to residential zones, recreational areas, or public roads, shall be partially screened at ground level from public view in the following manner:
(1) one or more rows of evergreen trees, at least four feet in height when planted, and capable of forming a continuous hedge at least fifteen feet in height within five years of planting, shall be spaced not more than seven feet apart around all lattice towers and any monopole more than 50 feet tall;
(2) adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 1-1/2 inches in diameter measured three feet above grade, and spaced not more than 20 feet apart, shall be planted around the evergreen trees;
(3) the screening shall be maintained and replaced as necessary while the facility is in service.
S. Lighting:
No lighting is permitted except as follows:
1. 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; and
2. 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.
T. 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.
U. 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.
V. Fencing and Other Security Devices:
Telecommunications towers and equipment buildings in compounds shall be surrounded with security feature, 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.
W. Noise
No equipment shall be operated so as to produce noise in excess of limits cat by the Township's noise ordinance, except in emergency situations requiring the use of a backup generator.
X. Radio Frequency Emissions
1. 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.
2. 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 communication facility. Such measurements shall be made by a qualified technician, which shall certify that the measurements are within applicable limits.
Y. Application Requirements
1. Pre-application 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 appropriate 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 pre-application conference, the 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 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 board.
2. Site plan approval by the appropriate board shall be required before any new local communication facility may be erected. The following information shall be submitted to the appropriate board for its review:
(a) 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' (including adjacent municipalities); any roads within 200'; proposed means of access; limits of clearing; and setbacks from property lines;
(b) Photos of the proposed site of the facility showing current conditions;
(c) The setback distance from the nearest structure;
(d) A map showing the location of all other local communication 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;
(e) A landscape plan showing proposed landscaping;
(f) The location and type of fencing, if applicable, and the type, location, color, and power o any illumination;
(g) 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;
(h) 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;
(i) 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 Co-location Opportunities for Wireless Providers in the Pinelands" contained in the Comprehensive Plan for Wireless Communication Facilities in the Pinelands approved by the Pinelands Commission on September 11, 1998;
(j) 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 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;
(k) 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;
(l) 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 Section. Such material will also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4;
(m) Information required for all other standards of the land development code, and
(n) In the event that the co-location is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the township. The township may retain a technical expert in the field of RF 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 technical expert will be at the expense of the applicant.
**Webmasters Note: The previous section has been added as per Ordinance No. 9-2000.
