Borough of Fanwood, NJ Article XIV Accessory Uses, Buildings and Structures

§ 184-133 Performance standards.

All uses shall be required to comply with the following performance standards:

A. Noise. All applicable state and county noise regulations shall be complied with, including, but not necessarily limited to the New Jersey Noise Control Act (N.J.S.A. 13:1G-1 et seq.) and regulations (N.J.A.C. 7:29-1 et seq.) and the Union County Regional Environmental Health Commission Noise Control Chapter (NO. 01-1989), as amended.

B. Vibration. No use shall produce any earthborn vibration which is discernible to the human sense of feeling at the boundary of the subject property, provided that vibrations produced by motor vehicles entering or exiting the site are exempt from this regulation.

C. Air quality. All applicable federal and state regulations shall be complied with, including, but not necessarily limited to, the Clean Air Act (42 U.S.C. 7401 et seq.), the New Jersey Pollution Control Act (N.J.S.A. 26:2C-1 et seq.) and regulations (N.J.A.C. 7:27-1-1 et seq.), as amended.

D. Odor. No use shall produce any odor which is perceptible to the human sense of smell at the boundary of the subject property, if said odor(s) would produce a public nuisance or hazard. Odors from motor vehicle emissions on the site are exempt from this regulation.

E. Glare. Any use producing any glare shall be shielded or performed within the enclosed building, as determined by the Planning Board, in such a manner as not to create a public nuisance or hazard at the boundary of the subject property. Glare from motor vehicle headlights entering or exiting the site driveway are exempt from this requirement.

F. Electrical interference. No use shall be conducted which produces electromagnetic interference with radio or television reception or otherwise interferes with the operation of electronic devices located outside the boundaries of the subject property. Operators of equipment must comply with Federal Communications Commission regulations regarding the use of such equipment.

G. Radiation. All applicable federal and state radiation regulations shall be complied with, including, but not necessarily limited to provisions of the New Jersey Radiation Protection Act (N.J.S.A. 26:2D-1 et seq.) and regulations (N.J.A.C. 7:28 1.1 et seq.), as amended.

H. Waste disposal. All applicable federal, state, county and local regulations pertaining to the storage, disposal and recycling of solid and liquid waste materials shall be complied with.

I. Fire and explosive hazards. All uses, operations and structures shall be conducted and/or built in accordance with the standards of the National Board of Fire Underwriters, the Uniform Construction Code and the Uniform Fire Code.

J. Toxic and hazardous materials. All applicable federal, state, county and local regulations pertaining to the use, storage, transporting and disposal of toxic and hazardous materials shall be complied with.

§ 184-134 Requirements for residential accessory uses and structures.

Except as may be specifically provided otherwise in this chapter, the following provisions shall apply to the specific accessory buildings, uses and/or structures for all residences in all residential and nonresidential zones; provided, however, that except for improvement coverage requirements herein, this article shall not apply to parking, signs and other accessory structures regulated elsewhere in this chapter when such regulations expressly or by clear implication supersede those in this article:

A. No detached private garage shall be closer than three feet from the rear or side property line, except where the detached private garage is on a street side yard, in which case it shall be no closer to the side property line than the established front yard depth pursuant to § 184-126D.

[Amended 8-13-2002 by Ord. No. 02-18R; 5-8-2007 by Ord. No. 07-08R]

(1) No detached private garage shall be closer than three feet from the rear or side property line, except where the detached private garage is on a street side yard in which case it shall be no closer than 30 feet from the side property line.

[Amended 6-14-2001 by Ord. No. 01-10R]

(2) Detached private garages shall be limited to one story and shall have a peaked roof with a maximum pitch of no greater than one on one and shall not be larger than 500 square feet in the floor area. No premises shall have more than one detached garage, regardless of its size.

[Added 6-14-2001 by Ord. No. 01-10R]

B. Sheds. Sheds, as defined in Article II, shall comply with the following:

(1) Sheds shall be permitted only in the rear yard.

(2) Sheds shall not be larger than 100 square feet in the floor area, nor greater than 10 feet in height and no premises shall have more than one shed, regardless of its size.

(3) No shed shall be closer than three feet from the rear or side property line, except where the shed is on a street side yard in which case it shall be no closer than 30 feet from the side property line.

[Amended 6-14-2001 by Ord. No. 01-10R]

C. Gazebos. Gazebos are accessory structures and are subject to the provisions of this article. Gazebos shall comply with the following:

[Added 8-13-2002 by Ord. No. 02-18R]

(1) Yard location. Gazebos shall be permitted only in the rear yard or in the side yard for corner lots.

(2) Gazebos shall not be larger than 100 square feet in the floor area, nor greater than 12 feet in height and no premises shall have more than one gazebo, regardless of its size.

(3) No gazebo shall be closer than 10 feet from any side or rear property line, except where the gazebo is on a side street yard, in which case it shall be no closer than 30 feet from the side property line.

D. Decks and patios. Decks and patios are accessory structures and are subject to the provisions of this article. The following specific requirements shall apply to decks and patios in all residential zones and accessory to any residential use in a nonresidential zone:

(1) Yard location. Decks shall be permitted only in the rear yard.

[Amended 12-13-2001 by Ord. No. 01-22R]

(2) Setback requirements. Decks and patios shall be set back from the side lot lines a distance equal to or greater than the distance required for principal buildings and shall be set back at least 25 feet to any rear lot line in the R-75 zone and 30 feet to any rear lot line in the R-150 zone.

[Amended 6-14-2001 by Ord. No. 01-10R]

(3) Lighting. Artificial lighting shall be permitted; provided that any lighting shall be placed so as to eliminate the transmission of glare to adjoining properties or to adjoining streets and provided further that such lighting shall not be located higher than six feet above the elevation of the deck floor.

(4) Subfloor areas. The space between the floor of the deck and the ground shall be screened with appropriate plantings or shrubbery or shall be covered with a skirt of lattice or other material so that open space between the deck and the ground, if any, is not visible. Skirts, lattices or appropriate screening shall have at least one inch and no more than three inches of ground clearance and shall provide a method of human access under the deck or raised patio.

E. Private swimming pools. Private swimming pools shall comply with the following:

(1) Use. Private swimming pools shall be designed and intended only for the private use of the occupants of the premises and their guests as a swimming pool.

(2) Where permitted. Private swimming pools are permitted only in the residential zone districts.

(3) Location. Swimming pools shall be permitted only in the rear yard. The swimming pool shall not be closer than 15 feet from any side or rear property line. On corner lots, the swimming pool shall be set back from the side street line a distance at least equal to the street side yard setback requirement for a principal building or to the established front yard set back of the lot adjacent to the rear lot line of the lot on which the swimming pool is located, whichever is greater.

(4) Lighting. Artificial lighting shall be permitted below the surface of the water and/or at a height not to exceed six feet above grade level and any lighting above grade level shall be placed so as to eliminate the transmission of glare to adjoining properties or to adjoining streets.

(5) Other provisions of law. All other provisions of state law and Borough Code with respect to swimming pools shall be satisfied.

(6) Exclusions. Hot tubs, wading pools, landscape pools and fish pools are not swimming pools and are not required to meet the specific requirements of this subsection, but are considered to be accessory uses and must meet all other applicable requirements of this article.

F. Hot Tubs. Hot tubs are required to meet all the general requirements for accessory uses as set forth in this section, provided the following additional requirements shall be satisfied:

(1) Location. Hot tubs shall be permitted only in the rear yard. The hot tub shall not be closer than 15 feet from any side or rear property line. On corner lots, the hot tub shall be set back from the side street line a distance at least equal to the street side yard setback requirement for a principal building or to the established front yard set back of the lot adjacent to the rear lot line of the lot on which the hot tub is located, whichever is greater.

(2) In the event a hot tub is located within or adjacent to a deck, the hot tub shall be required to comply with the requirements for decks.

(3) In the event a hot tub is constructed as a freestanding structure, the hot tub shall be subject to the same setback requirements applicable to swimming pools.

(4) Hot tubs installed outside a building shall have a hard permanent lockable cover which must be kept closed and locked when not in use.

G. Game courts. Game courts involving a ball in play, such as but not limited to private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts, basketball courts and similar recreational facilities are conditional uses and shall be subject to the following:

(1) Location. the recreational facilities included in this subsection shall be permitted only in the rear yard.

(2) Coverage by recreational facilities. Except as may be otherwise provided in this chapter, the total coverage by accessory buildings and above-grade structures in the rear yard shall not exceed 25% of the area of the rear yard. The foregoing coverage restriction shall not be construed as permitting the total coverage by buildings and above-grade structures or the total coverage by improvements on the lot to exceed the total coverage by improvements on the lot to exceed the maximum coverage permitted in the particular zone district or for the particular use, as applicable, or as excluding such coverage in the rear yard from the calculation of total coverage by buildings and above-grade structures on the lot, or as excluding such coverage from the calculation of total coverage by improvements on the lot.

(3) Setback. The recreational facility shall not be closer than 15 feet from any side or rear property line. On corner lots, the recreational facility shall be set back from the side street line a distance equal to or greater than the street side yard setback requirement for a principal building, or to the established front yard setback of the lot adjacent to the rear lot line of the lot on which the recreational facility is located, whichever is greater.

(4) Enclosures. The height of the recreational facility enclosure, if there be one, shall not exceed 15 feet. In the event the enclosure is greater than six feet high, the enclosure shall comply with the setbacks applicable to recreational facilities in Subsection G(3) above. Enclosures shall be of open chain link construction, shall not include slats or coverings, and shall include a top rail.

(5) Lighting. No artificial lighting is permitted.

H. Antennas. Antennas are permitted and regulated as set forth in §§ 184-136 and 184-138.

[Amended 12-13-2001 by Ord. No. 01-22R]

I. Other miscellaneous residential accessory uses and structures. The following regulations shall apply as specified:

(1) Wading pools, sandboxes, trellises, seasonal temporary tents, dog houses, kennel enclosures, patios, grape arbors, permanent barbecue facilities, and other structures or uses customarily associated with residential uses shall all be set back from any property line at least five feet and shall not be located in the front or side yards; provided, however, that patios may be located in any side yard. Notwithstanding anything to the contrary set forth herein, temporary structures for religious services may be located in the front, side and/or rear yards, including but not limited to succahs and croaches.

(2) Bocci courts shall not be located in the front or side yards and shall be at least five feet from any property line.

(3) Playground equipment shall not be located in the front or side yard, shall be no higher than 15 feet above the ground, and shall be at least five feet from any property line.

(4) Air conditioners and heat pumps, or portions thereof, which are not mounted in the window or walls of a building or structure but are placed upon the ground or on a ground-based platform outside of a structure or building may not be located in the front yard. Such structures shall be at least five feet from any property line. Any ground level air conditioner, compressor, and/or heat pump shall be screened.

(5) Flag poles shall not be higher than 45 feet and shall be set back at least 10 feet from any property line and the principal structure on the lot.

(6) Basketball backboards may be fastened to the house. Movable backboards shall not be positioned in such a manner to interfere with either pedestrian or vehicular traffic. No basketball backboards shall be located anywhere but on the individual owner's property and not in the public right-of-way.

(7) Mailboxes; artwork, gate posts; portable barbecues and planters shall be exempt from the provisions of this article and any other provision of this chapter.

(8) Skateboard ramps. Any structure or ramp designed for use with skateboards, whether on a temporary or permanent foundation, is prohibited in all residential zone districts.

(9) Generators, setback requirements. Generators shall be set back from the side lot lines a distance equal to or greater than the distance required for principal buildings and shall be set back at least 25 feet to any rear lot line in the R-75 Zone and 30 feet to any rear lot line in the R-150 Zone. Any ground level generator shall be screened by an attractive and appropriate wall, fence or planting of appropriate height and density to obscure the generator from view of adjacent properties, which screening shall be subject to the approval of the Zoning Officer. Generators shall not be located in the front or front side yard on corner properties.

[Added 3-19-2013 by Ord. No. 13-02R[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection I(9) as Subsection I(10).

(10) Other uses and structures. The Zoning Officer shall determine the applicability of this chapter to accessory uses and structures for residential use which are not specifically regulated herein.

§ 184-135 Nonresidential accessory uses and structures.

A. General prohibitions. Except for air conditioner units, flag poles, fences, freestanding walls and retaining walls, sheds, mobile storage structures and antennas, which are permitted under certain conditions as set forth in this article and other articles, the accessory uses and structures specifically set forth in Article XIV are prohibited in all nonresidential zones, except when such use and structures are accessory to a permitted residential use in the CO Zone District.

B. Mobile storage structures. Mobile storage structures as defined in Article II are permitted as accessory uses in the GC Zone District. The following regulations shall apply:

(1) Mobile storage structures may be located only on property which abuts the right-of-way of the railroad.

(2) Mobile storage structures shall be located only on lots with a principal building or structure and only in the rear yard.

(3) Mobile storage structures shall not be placed or stacked more than two units in height, and shall not exceed a maximum height of 16 feet above the ground.

(4) Mobile storage structures shall be screened by fencing or planting of appropriate height and density to screen them from view from a public street at ground level.

C. Skateboard ramps. Any structure or ramp designed for use with skateboards, whether on a temporary or permanent foundation, is prohibited in all nonresidential zone districts.

§ 184-136 Antennas, earth stations, satellite dishes and similar equipment.

[Amended 12-13-2001 by Ord. No. 01-22R]

Exempt antennas as defined in Article II shall be exempt from the provisions of this article and any other provision of this chapter. Nonexempt radio and television antennas, including satellite dish antennas, accessory to a permitted principal structure on the same premises may be installed, erected and maintained within all districts, but only in accordance with the provisions of this section. Cellular telecommunications antennas are regulated as a conditional use in Article XIX and shall be exempt from the provisions of this section, and governed by the provisions of § 184-138.

A. Review and approval procedure. All antennas shall be subject to the review and approval of the Zoning Officer. Applications shall be subject to the following procedure:

(1) Each application shall be accompanied by a report prepared by the installer of the antenna explaining why the proposed location was selected over other locations and the reasons, with supporting data, for any requested deviation from the requirements of this section as to location or screening.

(2) When deemed necessary by the Zoning Officer, the Town may consult, at the applicant's expense, with an expert in the field of antenna installations for guidance in evaluating an applicant's report when a deviation from the requirements of this section is requested. The applicant shall post a fee calculated by the Zoning Officer, but not to exceed $500, to cover such expense, in the form of cash or a certified check, and against which such review expenses shall be charged. All sums not actually so expended shall be returned to the applicant at the time the permit is either issued or denied.

(3) The Zoning Officer may permit deviations from the requirements of this section when it is demonstrated by the applicant that such deviations are necessary to enable proper antenna reception.

B. General regulations. The following general regulations shall apply to antennas in residential or nonresidential districts.

(1) No portion of an antenna array shall extend beyond the property lines or into any front yard area. Guy wires shall not be anchored within any front yard area but may be attached to the building.

(2) Ground-mounted antennas shall be any antenna with its base mounted directly in the ground, even if such antenna is supported or attached to the wall of a building. Fixed-guyed antenna tower shall be fascia-mounted or guyed according to approved standards. Wire antennas that are not self-supporting shall be supported by objects within the property lines but not within any front yard areas.

(3) The antenna, including guy wires, supporting structures and accessory equipment, shall be located and designed so as to minimize to the greatest extent possible the visual impact on surrounding properties and from public streets. Antennas shall be screened from view through the addition of anti-climb fencing and architectural features or evergreen landscaping that harmonize with the elements and characteristics of the property; provided, however, that no screening shall be required which would inhibit adequate reception. Screening by fencing or plantings may be waived if natural terrain and landscaping provide adequate screening. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garnish or reflective, and all antennas shall blend with the surrounding environment.

(4) Antennas shall meet all manufacturers specifications. The mast or tower shall be of noncombustible and noncorrosive hardware, such as brackets, turn buckles, clips and similar type equipment subject to rust or corrosion, and shall be protected with a zinc or cadmium coating by either galvanizing or a similar process after forming. These finishes are selected to guard against corrosion and to protect the element against electrolytic action due to the use of adjoining dissimilar metals.

(5) Power control and signal cables to or from the antenna shall be by underground conduit.

(6) All antennas shall be located, designed, constructed, treated and maintained in compliance with the requirements of the Uniform Construction Code and the requirements set forth below. The requirements below have been designed with the intent of advancing and achieving health, safety and aesthetic interests and objectives and are further intended to operate so as not to impose unreasonable limitations on, or prevent, reception of satellite delivered signals or to impose costs on the users which are excessive in light of the cost of purchase and installation.

(7) No antenna or antenna structure located in the Borough regardless of when it was erected, shall be used as a sign or as a supporting structure for any sign or lettering.

C. Antennas in residential districts. Antennas in the residential districts shall be subject to the following additional regulations:

(1) No lot shall contain more than two antennas, not more than one of which may be a satellite dish antenna.

(2) Antennas shall be located in the rear yard only and shall be located at least 10 feet from any property line.

(3) Roof-mounted antennas of any type shall not extend higher than 15 feet above the highest point of the roof, provided the satellite dish antennas shall not be permitted on the roof unless necessary for reception. In such instances, no roof-mounted satellite dish antenna shall exceed eight feet in diameter nor extend higher than 10 feet above the highest point of the roof. A roof-mounted satellite dish antenna shall be of mesh construction. Such satellite dish antenna shall be located, if reception is possible at such location, on roofs when the satellite dish is shielded from view from the street or by other portions of the roof or structure.

(4) Ground-mounted accessory antennas of any type shall not extend higher than 50 feet above adjacent ground level, except that ground-mounted, satellite dish antennas shall not exceed 10 feet in diameter nor 12 feet in height.

D. Antennas in nonresidential districts. Antennas in the nonresidential districts shall be subject to the following additional regulations.

(1) Antennas shall be located in the rear yard and shall be located at least 10 feet from any property line.

(2) An antenna may be erected on the roof of a building, provided that the building, including the antenna, falls within the height limits established for the district, provided that satellite dish antennas subject to this article shall not be permitted on the roof.

(3) Ground-mounted antennas shall not exceed five feet in height, provided that no ground-mounted dish antenna shall exceed a diameter of 16 feet nor extend about the ground more than 18 feet.

§ 184-137 Bulk storage of flammable or hazardous chemicals.

All aboveground and underground bulk storage of liquefied petroleum gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals or similar hazardous, flammable or combustible liquids in any amount is prohibited in all zone districts. Underground or basement storage of up to 530 gallons of kerosene or No. 2 heating fuel used exclusively for heating purposes on the premises is exempted from the above prohibition. Furthermore, and notwithstanding the above prohibition, aboveground and underground bulk storage of the following materials is permitted at public garages, gasoline service stations, gasoline filling stations and automobile sales operations, if the use of such materials is accessory to the principal use on the site:

A. Gasoline, diesel fuel and other approved fuels for motor vehicles, stored in accordance with all applicable state and federal regulations, and intended to be dispensed from pumps to motor vehicles operated by the general public;

B. Up to 275 gallons of motor oil, transmission fluid or other similar automotive fluids, all of which must be stored above ground in approved storage tanks; provided, however, that outdoor storage of such materials in 55 gallon drums shall not be permitted and further provided that only such fluids with a flash point at or above 200° F. shall be permitted to be stored above ground in bulk; and

C. Up to 350 gallons of waste motor oil, waste transmission fluid or other similar automotive waste fluids, all of which must be stored above ground in approved storage tanks; provided, however, that outdoor storage of such materials in 55 gallon drums shall not be permitted and further provided that only such waste fluids with a flash point at or above 200° F. shall be permitted to be stored above ground in bulk.

D. Notwithstanding anything herein contained to the contrary, this section is not intended to conflict with Uniform Construction Code, but to govern the land use nature of the bulk storage of such chemicals, and in the event of a conflict, the Uniform Construction Code shall prevail.

§ 184-138 Wireless telecommunications towers and antennas.

A. Purpose. The purpose of this section is to establish guidelines for the siting of wireless communications towers and antennas.

B. Goals. The Borough shall give due consideration to the Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas in order to effectuate the following goals:

(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas;

(2) Encourage the location of towers in nonresidential zones;

(3) Minimize the total number of towers throughout the Borough;

(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single use towers;

(5) Encourage users of towers and antenna to locate them, to the extent possible, in areas where the adverse impact on the Borough is minimal;

(6) Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

(7) Enhance the ability of the providers of telecommunications services to provide such services to the Borough quickly, effectively, and efficiently;

(8) Consider the public health and safety of communication towers; and

(9) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

C. Applicability.

(1) New Towers and Antennas. All new towers or antennas in the Borough shall be subject to this section except as provided in § 184-138C(2) through (4) and except for those antennas, etc. governed by § 184-136.

(2) Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas.

(3) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, absent any enlargement or structural modification or the addition of any structures.

(4) AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM Broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

(5) Satellite dish antennas. This section shall not govern any satellite dish antennas.

D. General requirements.

(1) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other section of this chapter, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.

(2) Lot size. For the purposes of determining whether the installation of a tower or antenna complies with this chapter, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for tower or antennas, that are either within the jurisdiction of the Borough or within three miles of the borders thereof, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Zoning Office is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

(4) Aesthetics. Towers and antennas shall meet the following requirements:

(a) 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 obtrusiveness.

(b) 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 them into the natural setting and surrounding buildings.

(c) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(d) Open framework is preferred over monopoles.

(e) Under no circumstances shall a wireless telecommunications tower, antenna, or any appurtenance be situated so that the same is 200 feet and facing the front door of any residence on property adjacent to the proposed telecommunications facility.

[Added 12-30-2003 by Ord. No. 03-25R]

(5) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

(6) State or 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, then the owners of the towers and antennas governed by this section 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. 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.

(7) Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association as amended from time to time. If, upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

(8) Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.

(9) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough have been obtained and shall file a copy of all required franchises with the appropriate Zoning Officer.

(10) Public notice. For purposes of this section, any conditional use request, variance request or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in § 184-138F(6)(b), Table 2, in addition to any notice otherwise required by this chapter.

(11) No signs shall be allowed on an antenna or tower.

(12) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 184-138G.

(13) Multiple antenna/tower plan. The Borough encourages and mandates the users of towers and antennas to collocate antennas. Applications for approval of collocation sites shall be given priority in the review process.

(14) Municipal emergency services communications equipment. Any telecommunications tower constructed or erected in the Borough must be able to accommodate Borough emergency services, including but not limited to police, fire and rescue squad, antennas. Adjacent space to accommodate supporting equipment shall also be provided. Any costs associated with such accommodation shall be borne by the owner of such tower. Notwithstanding the foregoing, such requirement may be waived by the Borough if such accommodation is not needed by the Borough emergency services departments.

[Added 6-10-2003 by Ord. No. 03-13R]

E. Permitted uses.

(1) General. The uses listed hereafter are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

(2) Permitted uses. The following use is specifically permitted: antennas or towers located on property owned, leased, or otherwise controlled by the Borough, provided a license or lease authorizing such antenna or tower has been approved by the Borough. Notwithstanding the foregoing, telecommunications towers shall not be permitted at any Borough park, including LaGrande Park, Block 83, Lot 7; Forest Road Park, Block 15, Lot 8; Carriage House Park, Block 33, Lots 21 and 22; or the Nature Center, Block 78, Lots 23, 24, 25. However, the Borough may, as a condition of such lease, require site plan approval. The decision to extend such lease(s) to an applicant shall be vested solely with the Borough and shall not be governed by this section. Antennas, towers and appurtenant equipment shall also be permitted in the designated portion of the LI Zone District as a conditional use, subject to the requirements of this section and chapter.

[Amended 6-10-2003 by Ord. No. 03-13R; 5-7-2013 by Ord. No. 13-07R]

F. Conditional use permits.

(1) List of conditional uses. The following uses may be approved by the Board as conditional uses:

(a) Antennas on existing structures or towers consistent with the terms of Subsections F(1)(a)[1][a] and [b] below;

[1] Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office or institutional structure not located in a residential zone provided:

[a] The antenna does not extend more than the maximum building height for the zone wherein the structure is located.

[b] The antenna complies with all applicable FCC and FAA regulations; and

[c] The antenna complies with the Uniform Construction Code and the Fire Safety Code.

(2) Antennas on existing towers. An antenna may be attached to an existing tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:

(a) A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing towers.

(b) Height.

[1] An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

[2] The height change referred to in Subsection F(2)(b)[1] may only occur one time per communication tower.

[3] The additional height referred to in Subsection F(2)(b)[1] shall not require an additional distance separation as set forth in § 184-138F. The tower's premodification height shall be used to calculate such distance separations.

(c) Onsite location.

[1] A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.

[2] After the tower is rebuilt to accommodate collocation, only one tower may remain on the site.

[3] A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to § 184-138F(5). The relocation of a tower hereunder shall in no way be deemed to cause a violation of § 184-138F(5).

(d) New Towers.

[1] New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to this chapter, applicants for a conditional use permit for a tower shall submit the following information:

[a] A sealed site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in § 184-138F(5), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.

[b] Legal description of the entire tract and leased parcel (if applicable).

[c] The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.

[d] The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 184-138D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.

[e] A landscape plan showing specific landscape materials. Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

[f] Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

[g] A description of compliance with §§ 184-138D(3) through (7), (10), (12), and (13) and §§ 184-138F(4) and (5) and all applicable federal, state and local laws.

[h] A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[i] Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Borough.

[j] A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

[k] A description of the feasible location(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.

[l] A visual study depicting where, within a three mile radius, any portion of the proposed tower could be seen.

[m] A statement of intent on whether excess space will be leased.

(3) Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to this chapter, the Board shall consider the following factors in determining whether to issue a conditional use permit.

(a) Height of the proposed tower;

(b) Proximity of the tower to residential structures and residential district boundaries;

(c) Nature of uses on adjacent and nearby properties;

(d) Surrounding topography;

(e) Surrounding tree coverage and foliage;

(f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g) Proposed ingress and egress; and

(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures as discussed in § 184-138F(3).

(i) Availability of proposed tower to other potential users.

(4) Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following (although meeting one, some, or all of the following shall entitle the applicant to approval):

(a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

(b) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

(d) The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing tower or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

(e) The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

(g) The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low powered transmitters/receivers attached to a wire line system, is suitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

(5) Setbacks. The following setback requirements shall apply to all towers for which a conditional use permit is required:

(a) Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.

(b) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

(c) No tower shall exist within required buffer areas, if adjacent to residential zones and as prescribed elsewhere in this chapter.[1]

[1] Editor's Note: Former Subsection F(5)(d), regarding setbacks from residential district lines, schools, and historic sites, was repealed 6-10-2003 by Ord. No. 03-13R.

(6) Separation. The following separation requirements shall apply to all towers and antennas for which a conditional use permit is required:

(a) Separation from off-site uses/designated areas.

[1] Tower separation shall be measured from the base of the tower to the lot line of the offsite uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

[2] Separation requirements for towers shall comply with the minimum standards established in Table 1.

(b) Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

	TABLE 1
	Off-Site Use/Designated Area	Separation Distance
	Residential, public parks, schools or houses of worship	200 feet or 300% height of tower whichever is greater
	Vacant residentially zoned land	200 feet or 300% height of tower whichever is greater
	Nonresidentially zoned land or nonresidential	None; only zoning code setbacks apply

	TABLE 2
		Lattice	Guyed	Monopole 75 Feet in Height	Monopole LessThan 75 Feetin Height
	Lattice	5,000	5,000	1,500	712
	Guyed	5,000	5,000	1,500	750
	Monopole 75 feet in height	1,500	1,500	1,500	750
	Monopole less than 75 feet	750	750	750	750

(7) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device.

(8) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required.

(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.

(b) In locations where the visual impact of the tower is minimal, the landscaping requirement may be reduced.

(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

(d) Height. The maximum height of a new towers shall be:

[1] For single user, up to 90 feet in height;

[2] For two users, up to 120 feet in height;

[3] For three or more users up to 150 in height.

(9) General requirements. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Board:

(a) If the tower or antenna is not a permitted use under § 184-138E, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in designated zoning districts.

(b) Applications for conditional use permits under this section shall be subject to the procedures and requirements contained elsewhere in this chapter, except as modified by this section.

(c) In granting a conditional use permit, the Board may impose conditions to the extent the Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(d) Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

(e) An applicant for a conditional use permit shall submit the information described in this section and a nonrefundable application fee and an escrow deposit as required by this chapter for conditional use applications.

(f) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna are permitted as conditional uses only in the following zones, CO, LI, GC within the Public Service Electric & Gas right-of-way, the recycling center against the New Jersey Transit right-of-way and at the headquarters of the Police Department.

(g) No towers or antennas shall be permitted as conditional uses in residential zone districts unless located upon property owned by the Borough.

(h) An application fee and escrows shall be paid as required by the Borough.

G. Buildings or other equipment storage.

(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

(a) The cabinet or structure shall not contain more than 100 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 40 feet in height, the related unmanned equipment structure, shall be located on the ground and shall not be located on the roof of the structure.

(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.

(c) Equipment storage buildings or cabinets shall comply with all applicable building codes.

(2) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(a) In a front or side yard provided the cabinet or structure is no greater than six feet in height or 100 square feet of gross floor area and the cabinet/structure is located a minimum of 75 feet from all lot lines. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of at least 42 inches to 48 inches and a planted height of at least 36 inches.

(b) In a rear yard, provided the cabinet or structure is no greater than eight feet in height or 120 square feet in gross floor area. The cabinet/structure shall be screened by an evergreen hedge with an ultimate height of eight feet and planted height of at least 48 inches.

(3) Antennas located on utility poles and towers. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

(4) Structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.

H. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the Borough Engineer) of such removal, grading and restoration to a state required under the Borough Code, including but not limited to the Borough Property Maintenance Code.[2]

[2] Editor's Note: See Ch. 224, Property Maintenance.

I. Rebuilding damaged or destroyed nonconforming towers and antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without first obtaining administrative approval or a conditional use permit and without having to meet the separation requirements specified in § 184-138. The type, height and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.

§ 184-139 Storage and dispensing of liquefied petroleum gas.

The above-ground storage of liquefied petroleum gas shall be prohibited in all zone districts except the LI and the GC Zone Districts. In the LI and the GC Zone Districts, the following regulations shall apply to such storage and dispensing:

A. Any such storage tank shall not exceed 1,100 gallons water capacity.

B. Any such storage of liquefied petroleum gas shall only be used to refill 20 pound liquefied petroleum gas tanks.

C. The plans for the installation of any such tank shall be approved by the New Jersey Department of Labor and Industry ("DOLI") prior to installation.