[Amended 3-5-2020 by Ord. No. 2020-5]
In order to promote public safety, a primary
design criterion shall be the separation of pedestrian traffic and
vehicular traffic. To this end, developments shall be designed, wherever
feasible, to provide for pedestrian walkways separated from vehicular
use streets and to promote pedestrian access between residential areas,
schools, shopping locations, etc. The location, width and construction
of such walkways shall be subject to the approval of the Consolidated
Land Use Board of Mansfield Township and the Township Engineer. Pedestrianways
and lighting shall be constructed where required and installed prior
to occupancy. Grade-separated pedestrian crossings shall be provided
across roads at points required by the Consolidated Land Use Board
of Mansfield Township.
A.
No building may be erected, altered or used, and no
lot or premises may be used, for any use which is likely to create
conditions of hazards, smoke fumes, noise, odor or dust or other noxious
or offensive conditions detrimental to the health, safety or general
welfare of the surrounding area. All uses shall be subject to such
firesafety conditions as are approved by the Building Inspector. In
determining whether a proposed use is noxious, hazardous or offensive,
the following standards shall apply. The proposed operation shall
not:
(1)
Constitute a public nuisance beyond the boundary of
the site on which the use is located, by reason of dissemination of
noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average
intensity of noise or vibration occurring from other causes at the
boundary line of the site on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare.
(5)
Result in electrical disturbances in nearby residence.
(6)
Contribute to the pollution of waters.
(7)
Create an objectionable traffic condition on the street
or in an adjacent area.
(8)
Create any other objectionable condition in an adjoining
area which will endanger public health and safety or be detrimental
to the proper use of the surrounding area.
B.
The following uses are prohibited:
(1)
Automobile graveyards.
(2)
Junkyards.
(3)
Sanitary landfills, unless operated by the Township,
garbage dumps, refuse dumps, disposal sites for solid and liquid materials
and dumps for hazardous wastes.
[Amended 12-16-1980 by Ord. No. 1980-9]
(4)
No motor vehicle truck bodies, trailer bodies or storage
containers shall be placed on any lot or lots in any zone for any
purpose whatsoever, except during the period of construction or reconstruction
or remodeling of a permitted principal building on the same lot or
lots not to exceed six months from the issuance of permit for the
reconstruction, or the remodeling.
[Added 10-25-2006 by Ord. No. 2006-36]
(5)
Logistic/warehouse
uses.
[Added 3-2-2022 by Ord. No. 2022-3; amended 4-20-2022 by Ord. No. 2022-6; 9-21-2022 by Ord. No. 2022-13]
C.
Significant
changes in assumptions, policies and objectives identifies three separate
land development/planning concerns related to the number of existing
and potential proposed large-scaled logistics uses that have arisen
since 2016. Additional logistics uses, which include: wholesale warehousing;
commercial warehousing; distribution/trucking/terminal facilities;
freight carriers/couriers/third-party transportation providers, etc.,
for nonagricultural freight, as well as off-site truck and trailer
parking, or drop lots, that have not already received Board approval,
should be prohibited.
[Added 4-20-2022 by Ord. No. 2022-6]
[Amended 8-16-2017 by Ord. No. 2017-10]
In any district, those areas undeveloped or unimproved may be used for agricultural purposes until such areas are developed and improved. See "Right to Farm Act" at Chapter 19A, Right to Farm.
[Added 4-28-1999 by Ord. No. 1999-9]
A.
Projections into yards. Projections of sills, chimneys,
cornices, ornamental features, carports and other similar projections
of buildings may extend into yards for a maximum distance of five
feet and for a maximum area of 40 square feet each. Steps and landings
are allowed at any dimensions. Eaves may extend five feet into yards
for the length of the building wall.
B.
Patios, terraces and broadwalks. These improvements
may be built at any size within the building envelope. Outside the
building envelope, these improvements may not be greater than 250
square feet. However, in all cases, a minimum setback of 10 feet shall
be maintained from all property lines. A zoning permit shall be required,
and a construction permit may be required. A zoning variance is not
required if there are no footings, the improvement is less than eight
inches above approved design grade and the above standards are met.
On the corner lot or any point of entry on a
public road, nothing shall be erected, placed, planted or allowed
to grow in such a manner which obscures the vision above the height
of 2 1/2 feet, measured from the center line of the intersecting streets
or driveways and within the area bounded by the street lines 100 feet
from their intersection along the lot lines.
A.
Definition. Any constructed pool which is used, or
intended to be used, as a swimming pool in connection with a single-family
residence and available only to the family of the householder and
his private guests shall be classified as a private swimming pool.
Any swimming pool other than a private swimming pool shall be classified
as a public or semipublic swimming pool. A portable pool is included
within the terms of this definition.
B.
Applicability. All pools hereinafter erected shall
be subject to the regulation of this chapter.
C.
Compliance required. It shall be unlawful for any
person to construct, install or create a swimming pool in the Township
without first having complied with the provisions of this chapter
and all other regulations of the Township.
D.
Location and distance requirements.
(1)
A swimming pool of a permanent or stationary type
of construction shall not be constructed, installed or located within
10 feet of any property line or structure nor nearer to any street
line upon which the residence fronts than the existing setback line
of said residence building, but in no case, regardless of the building
setback line, shall a pool be located less than 30 feet from the front
street line.
(2)
A swimming pool shall not be constructed, installed
or located on any land unless a residence building is also located
thereon.
E.
Fencing.
(1)
All pools shall be enclosed with a fence, and all
fencing shall be in accordance with the fencing requirements of this
chapter.
(2)
All aboveground pools 24 inches or more in depth which
have a decking consisting of a rail or fencing two feet or more in
height above the deck with a foldup safety ladder when not in use
shall be considered as being in compliance with the fencing requirements
of the Township.
F.
Certificates of occupancy. Certificates of occupancy
shall be required for all swimming pools.
G.
Other regulations. Swimming pools shall be subject
to all of the regulations of the Mansfield Township Code and the Construction
Code.
[Added 12-27-1996 by Ord. No. 1996-13]
A.
First-story requirements. No story shall be deemed
a first story if its floor level is more than nine feet above the
ground.
B.
Exceptions. The provisions of these regulations with
respect to heights shall not apply to church spires, cupolas, silos,
grandstands, chimneys, flagpoles, radio aerials and television antennas
and their supports or, if not occupying an area greater than 25% of
the ground area covered by the main building, to domes, ornamental
towers, observation towers, water towers, penthouses, hose towers
and water tanks.
[Amended 8-16-2017 by Ord. No. 2017-10]
See § 65-7, Definitions, for "accessory building" for bulk requirements.
A.
A private garage in a residential district shall be
permitted only when used as an accessory building to a dwelling on
the same lot. A private garage may be either a separate building or
it may be attached to or be an integral part of the dwelling to which
it is accessory. An attached private garage shall include a garage
attached to a residence by a permanent breezeway not more than 15
feet long.
B.
Side yards for garages attached to homes at the rear
line shall be 10 feet from the property line. However, if such garages
project past the rear line, then the garages shall be a minimum of
five feet from rear and side yard property lines.
C.
All garages on corner lots must maintain the side
yards stipulated in the applicable district, except that garages must
be set back the same as the dwellings located on adjacent lots.[1]
[1]
Editor's Note: Former Subsection D, regarding living units
over or attached to garages, which immediately followed this subsection,
was repealed 8-16-2017 by Ord. No. 2017-10.
[Amended 7-14-1993 by Ord. No. 1993-8]
The keeping of livestock shall be permitted
in all districts except R-4, R-5 and C-1, subject to the following
standards, which shall be applicable to small lots and areas rather
than full-scale farms:
A.
Not more than one livestock may be kept on a lot of
at least one acre, provided that a pen or corral containing at least
800 square feet is included and that a stable under a roof of at least
100 square feet is provided, and further provided that the pen, corral
fences or similar enclosures are not closer than 20 feet to the adjacent
property lines or 10 feet to the adjacent property lines with proper
screening, but in no case closer than 50 feet to any existing neighboring
dwelling.
B.
Not more than two livestock may be kept on a lot of
at least 1 1/2 acres, provided that they are enclosed in a pen or
corral containing at least 800 square feet per animal, including a
stable under a roof of at least 100 square feet per animal, and further
provided that the pen, corral fences or similar enclosures are not
closer than 20 feet to the adjacent property lines with proper screening,
but in no case closer than 50 feet to any existing neighboring dwelling.
C.
Not more than three livestock may be kept on a lot
of two acres, provided that they are enclosed in a pen or corral containing
800 square feet for the first horse or pony and 400 square feet for
each additional livestock, including a stable under a roof containing
at least 100 square feet per animal, and further provided that the
pen, corral fences or similar enclosures are not closer than 20 feet
to the adjacent property lines or 10 feet to the adjacent property
lines with proper screening, but in no case closer than 50 feet to
any existing neighboring dwelling. The maximum number of livestock
under single ownership shall not exceed three horses regardless of
the number of acres exceeding two acres.
D.
The stable shall be defined as a structure on a tract
qualifying as a farm for housing livestock and products used for the
keeping and handling of livestock. No structure housing livestock
shall be located nearer than 20 feet to any adjacent property lines
with proper screening or 50 feet to any neighboring dwelling. Stables
must be built so as not to create offensive odors, fly breeding or
other nuisances.
E.
A planted buffer screen may be required along the
dividing line between an applicant's property and that of his neighbor.
F.
Manure from stabled horses or other livestock must
be removed from a stable or a similar housing structure three times
each week. Manure must be stored a minimum of 25 feet from a stable
and 50 feet from the nearest neighboring dwelling. Any stockpile of
manure shall not exceed 100 square feet. All stockpiles of manure
shall be limed at least once every week.
G.
Fences must be constructed of such materials and in
such a manner as to prevent and preclude the escape of livestock.
Any application for a building permit for a fence to pen livestock
must include, in addition to any other information required, the height,
the span between fence posts, a sketch of the proposed fence, the
type of material to be used and whether the same has been treated.
The Building Inspector shall issue a building permit for any such
fence only when, in his discretion, the proposed fence shall adequately
prevent the escape of livestock.
H.
For purposes of this section, the term "livestock"
shall include the term and concept "animal unit" and shall refer to
domestic animals only. Livestock shall be permitted as per the provisions
of this section in accordance with the description, number and ratios
set forth in the following Table I. An "animal unit" shall be defined
to be a large, mature, domesticated animal such as a horse, cow or
steer. A horse, cow or steer shall be considered one animal unit.
Combinations of different types of livestock are authorized so long
as the total densities are not exceeded for the acreage available.
Table I establishing the categories and animal unit ratios and descriptions
is as follows:
|
TABLE I Animal Units for Specific Livestock
Categories or Type
| ||||
|---|---|---|---|---|
|
Livestock
|
Animals Per Unit
|
Remark
| ||
|
Cattle
| ||||
|
Dairy
| ||||
|
1 year or older
|
1
|
Or cow with nursing calf
| ||
|
Under 1 year
|
2
| |||
|
Beef
| ||||
|
1 year or older
|
1
|
Or cow with nursing calf
| ||
|
Under 1 year
|
2
| |||
|
Steers (dairy or beef)
| ||||
|
1 year or older
|
1
| |||
|
Under 1 year
|
2
| |||
|
Bulls
|
0
| |||
|
Horses
| ||||
|
All breeds and sexes, 6 months or older
|
1
|
Includes ponies, mules, burrows, donkeys. Mares
with foal until weaned or up to age of 6 months equals 1 unit.
| ||
|
All breeds under 6 months
|
2
|
(See above remarks)
| ||
|
Sheep
| ||||
|
All breeds, 1 year or older
|
5
|
Ewe with nursing lamb up to 3 months, 1/5 unit
| ||
|
Lambs over 3 months and up to 1 year
|
10
| |||
|
Goats, all breeds and sexes
|
Same as sheep (see above)
| |||
|
Swine
| ||||
|
All breeds, over 1 year
|
2
|
Sow with suckling pigs under 3 months, 1/2 unit
(sow is 1/2 unit and suckling pigs under 3 months are 1/2 unit)
| ||
|
All sexes, 3 months to 1 year
|
5
| |||
|
Chickens
|
20
| |||
|
Ducks
|
10
| |||
|
Turkeys
|
5
| |||
|
Geese
|
5
| |||
|
Rabbits
|
50
| |||
|
Small birds, such as pigeons
|
50
| |||
I.
Notwithstanding the provisions of Subsections A through G of this section, and in the event that a property contains chickens, ducks, turkeys, geese, rabbits or small birds (such as pigeons), the following pen and stable requirements shall apply:
(2)
Pen or barn, fully enclosed (applicable to chickens,
turkeys, ducks and geese):
(a)
Three square feet per chicken and six square
feet for ducks, turkeys and geese. The total size of the pen or barn
shall depend on the mix of fowl.
(b)
If the poultry or fowl has access to an outside
enclosure, 15 square feet per animal. The outside enclosure shall
be fenced to contain the fowl to prevent escape.
(3)
Cage or coup (applicable to pigeons): one square foot
per bird. The cage or coup shall be separate from a pen or barn.
(4)
Hutch (rabbits):
(a)
For a three-and-one-half-pound to seven-pound
mature rabbit, the hutch shall be 2 1/2 feet deep by three feet long
and two feet high.
(b)
For a rabbit in excess of seven pounds to an
eleven-pound mature rabbit, the size shall be 2 1/2 feet deep by four
feet long by two feet high.
(c)
For a rabbit in excess of 11 pounds to a fifteen-pound
mature rabbit, the size shall be 2 1/2 feet deep by five feet long
by two feet high.
(d)
The hutch shall be separate from cages, coups,
pens or barns.
(5)
Pigeons or rabbits may be located outside a cage or
coup or hutch in an area which must be fenced or fully enclosed in
order to contain the pigeon or rabbit and to prevent escape.
J.
Health requirements. In addition to the requirements
of this section and any other provision of the Code of the Township
of Mansfield with respect to the care and maintenance of animal waste,
animal waste shall be managed in accordance with the recommended management
practices established in "Recommended Guidelines for Home Animal Agricultural
in Residential Areas" as published and revised by the New Jersey Cooperative
Extension Service, New Jersey Agricultural Experiment Station, Cook
College, Rutgers, New Jersey, New Brunswick, New Jersey, hereinafter
referred to as "recommended guidelines," copies of which are on file
in the office of the Township Clerk and available for public inspection
during regular business hours. Furthermore, the premises on which
animals on residential lots are maintained and kept shall meet and
conform to the following health standards:
(1)
The location of any building, stable or other structure
for the keeping of animals shall be located so as to preclude odors
and sounds from interfering with the comfortable enjoyment of life
and property on neighboring premises.
(2)
Buildings, food storage bins, appliances, equipment
and such other facilities on premises are to be constructed and maintained
in such a fashion as to permit proper cleansing.
(3)
There shall be adequate water supply on the premises
to ensure proper sanitation.
(4)
Water or other liquids to which mosquitoes may have
access is to be properly treated to prevent their breeding.
(5)
Disposition of animal waste, garbage, refuse or vegetable
matter shall be such so as to prevent insects' breeding, rodent infestation,
pollution of the air or any body of water or the creation of any other
unhealthy or unsanitary condition.
(6)
The Health Officer of the Township of Mansfield shall
be authorized to inspect any premises where animals are kept for the
purpose of enforcing the provisions herein.
[Added 1-24-2007 by Ord. No. 2007-3][1]
Home office use is an office activity carried
on for gain by a resident in a dwelling unit, and shall be a permitted
accessory use in residential zone districts, provided:
A.
The use is limited solely to office use;
B.
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons;
C.
No nonresident employees, customers, or business invitees
or guests shall visit the dwelling unit for business purpose;
D.
The use shall be located in only one room of the dwelling
unit, which shall not be served by an entrance separate from the household;
E.
Interior storage of materials shall only consist of
office supplies;
F.
There shall be no change to the exterior of buildings
or structures because of the use, and no outside appearance of a business
use, including but not limited to parking, storage, signs, or lights;
G.
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents;
H.
The use does not require any increased or enhanced
electrical or water supply;
I.
The quantity and type of solid waste disposal is the
same as other residential uses in the zone district;
J.
The capacity and quality of effluent is typical of
normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components;
K.
Delivery trucks shall be limited to U.S. Postal Service,
United Parcel Service, Federal Express, and other delivery services
providing regular service to the residential uses in the zone district;
and
L.
All vehicular traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
[1]
Editor's Note: Former § 65-95.1,
Area requirements; percolation tests, added 11-18-1986 by Ord. No.
1986-15, as amended, was repealed 12-27-1996 by Ord. No. 1996-13.
[1]
Editor's Note: Former § 65-95.2, Lot area calculation,
as amended, was repealed 8-16-2017 by Ord. No. 2017-10.
[Added 5-9-1991 by Ord. No. 1991-15]
A.
All lots that are graded shall be graded to allow
complete surface drainage off the lot in the same general direction
as the existing drainage pattern and/or into local storm sewer systems
and natural drainage courses. No regrading of the lot shall be permitted
which would create or aggravate water stagnation or a drainage problem
on the lot or on adjacent properties. Fill material shall be clean
fill or topsoil.
B.
Site plans.
(1)
Prior to the issuance of a building permit for
any new main building, except farm buildings for nonresidential use,
there shall be submitted to the Construction Code Official for approval
a site plan, which shall include the location of the improvements
to be constructed and existing improvements and topographical features,
including main buildings, sidewalks and driveways, existing grades
of all abutting properties, the center-line grade of the road upon
which the lot is located, existing or proposed curb grades, existing
or proposed sidewalk grades and the proposed grading for all paved
as well as unpaved areas. (Existing and proposed contours shall not
have more than one-foot intervals.)
(2)
The plan shall also indicate the proposed basement
floor elevation, the existing ground elevation at the center of the
proposed building location, the proposed elevation at the top of the
foundation, existing drainage features in the area and existing or
proposed underdrain or storm drainage systems on the property or within
100 feet of the proposed building.
(3)
The drainage design shall be in agreement with
the concepts shown on the approved subdivision or site plan.
C.
Unpaved areas around the perimeter of a building shall
be graded with at least a three-percent slope for a minimum distance
of 25 feet, i.e., nine inches of fall in 25 feet. The distance may
be reduced to less than 25 feet but not less than 10 feet, except
in R-4 and R-5 Zones, when it may be reduced to not less than five
feet, but at no time may the minimum fall of nine inches be reduced
unless the overall grading plan indicates:
(1)
Not more than 10% of the area around the circumference
of the building fails to meet the above requirements and no downspouts
discharge to the nonconforming areas;
(2)
Alternate forms of drainage will be employed,
e.g., French drains;
(3)
A comprehensive overall grading plan or a subdivision
which requires variations from the standards, e.g., the need for ridge
lines running away from a foundation;
(4)
The existence of trees or other landscaping
considerations;
(5)
Setback requirements less than 25 feet as permitted
by this chapter of the Township of Mansfield;
(6)
Construction which does not include below-grade
basements or crawl spaces, e.g., slab construction; or
(7)
Aesthetic qualities of a home site in relation
to the street and nearby properties which preclude such grading.
D.
The allowable minimum grade for paved areas adjacent
to buildings shall be 1/2 of 1%.
E.
The owner or builder shall provide to the Construction
Code Official upon completion of the foundation an as-built plan indicating
the actual elevations of the basement floor and the top of the foundation.
Further construction of the site may continue prior to receipt by
the Construction Code Official of said as-built plan. In the event
that said plan shall indicate that the foundation is not in conformance
with the approved plan, the owner or builder shall be fully responsible
to make said foundation comply with such plan regardless of construction
which has occurred prior to the receipt of the foundation as-built
plan by the Construction Code Official. The Construction Code Official
may approve revisions to the approved plan in order to accommodate
conditions discovered or changes occurring during construction, as
long as the overall objective is met.
F.
Depending on the drainage conditions in the area and
the proposed depth of the basement or crawl space, the Construction
Code Official may require additional improvements to accommodate groundwater
conditions which may cause basement water problems. If gravity underdrain
systems are not available to the development and, in the opinion of
the Construction Code Official, high groundwater conditions can be
expected which would lead to a danger of interior flooding of the
cellar, crawl space or part of the proposed structure, the Construction
Code Official may require a pumping system or other recognized method
of facilitating the alleviation of subsurface water conditions. Should
no satisfactory method be available, the basement or crawl space is
prohibited.
G.
Wherever it appears that the proposed method of drainage
may carry deleterious substances into sewers, drainpipes, creeks,
ponds, streams or other waterways within the Township or where the
method of drainage may increase the volume and speed of runoff of
water so as to endanger the health and safety of residents of the
Township or create a danger of flooding or erosion to properties of
abutting landowners or the Township, the Construction Code Official,
in his discretion, may require that sediment basins, retention areas
or other structures be built to hold said drainage or to decrease
the volume and speed of the same prior to the issuance of a building
permit.
H.
A permanent certificate of occupancy shall not be
issued until the provisions of this chapter have been complied with.
[Added 12-27-1996 by Ord. No. 1996-13]
A.
All applicants for subdivision and site plans, as
further enumerated herein, shall submit to the Township the results
of soil sampling for residential and nonresidential direct contact
exposure scenarios based on toxicological information regarding human
health impacts.
B.
This requirement shall apply to all major and minor
site plans and subdivisions, except for the following situations which
shall be exempt use variances: sign variances; bulk variances for
decks, porches, etc., required for existing uses; minor subdivisions
which create no new lots; site plan waivers; minor revisions to existing
sites; and sites for which final approval has been granted.
C.
The applicant shall have a certified testing laboratory
test for all 107 possible contaminants contained in the New Jersey
Department of Environmental Protection's (NJDEP's) Soil Clean-up Criteria,
dated February 3, 1994, or subsequent revisions. The testing laboratory
shall follow Subchapter 3 of N.J.A.C. 7:26E, Technical requirements
for site remediation, to determine the appropriate number of tests.
D.
If any of the contaminants exceed NJDEP standards,
the applicant shall either cause the property to be remediated in
a manner consistent with New Jersey Department of Environmental Protection
Rules and Regulations or, in the alternative, present documentation
from the New Jersey Department of Environmental Protection that the
property may be developed based upon less than complete remediation
but based upon a plan approved by the Department of Environmental
Protection.
[Added 7-7-2008 by Ord. No. 2008-21]
A.
This section is designed and intended to balance the
interest of the residents of the Township of Mansfield with those
of telecommunications providers and telecommunications customers in
the siting of telecommunications towers and antennas (facilities)
within the Township of Mansfield so as to protect the health, safety
and integrity of residential neighborhoods and to foster, through
appropriate zoning and land use controls, a competitive environment
for telecommunications carriers that does not unreasonably discriminate
among providers of functionally equivalent personal wireless services
and which shall not prohibit, or have the effect of prohibiting, the
provision of personal wireless devices.
(1)
Toward that end, the goals of this section are
to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Facilitate the provision of wireless telecommunications
services to the residents and businesses of the Township as well as
to those individuals traveling through the Township.
(c)
Minimize the total number of towers throughout
the community.
(d)
Minimize the adverse visual effects of towers
through careful design and siting standards.
(e)
Require the use of existing tower sites (including
electric power towers) or predesignated tower properties as sites
for new towers or predesignated existing buildings or structures as
a primary option rather than construction of additional single-use
towers.
(f)
Ensure such towers are sited, constructed and
maintained in a manner which poses the fewest hazards to the general
public as possible.
(g)
Provide for the timely removal of local communications
facilities and restoration of the sites they occupied once they are
abandoned or otherwise withdrawn from service.
(2)
In furtherance of these goals, the Township
of Mansfield shall give due consideration to the Mansfield Township
Master Plan, the Zoning Map and zoning ordinances, existing land uses
and inventory map of existing towers and structure in environmentally
sensitive areas in approving sites for the location of towers and
antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
BACKHAUL NETWORK
COLLOCATION
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
EQUIPMENT SHED/SHELTER
FAA
FCC
HEIGHT
LATTICE TOWER
MONOPOLE
PREEXISTING TOWERS AND ANTENNAS
PROVIDER
TOWER
TOWER, MULTIUSER
TOWER, SINGLE-USER
Definitions. This section shall delineate the following
definitions:
Mounting structures that camouflage or conceal the presence
of towers.
Any structure or device used for the purpose of collecting
or transmitting electromagnetic waves, including but not limited to
directional antennas, such as panels, microwave dishes, satellite
dishes and omnidirectional antennas.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long-distance
providers or the public switched telephone network.
Use of a common wireless telecommunications tower or a common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology and/or
placement of a wireless telecommunications tower on a structure owned
or operated by a utility or other public entity.
Licensed commercial wireless telecommunications services,
including cellular, personal communications services, specialized
mobilized radio, enhanced specialized mobilized radio, paging and
similar services that are marketed to the general public.
An enclosed structure, cabinet, shed or box at the base of
the local communications facility within which is housed batteries
and electrical equipment.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and antenna.
A freestanding tower with multiple legs and crossbracing
of structural steel.
A single, freestanding pole-type structure, tapering from
base to top, and supporting one or more antennas for wireless transmission.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section, including
permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
A company that provides wireless services via a local communications
facility.
Any ground- or roof-mounted pole, spire, structure, or combination
thereof that is designed and constructed primarily for the purpose
of supporting one or more antennas for telephone, radio and similar
communications purposes, including supporting lines, cables, wires,
braces and masts. The term includes radio and television transmission
towers, common-carrier towers, cellular telephone towers, alternative
tower structures and the like.
A tower to which are attached the antennas of more than one
commercial wireless telecommunications service provider or governmental
entity.
A tower to which are attached only the antennas of a single
user, although the tower may be designed to accommodate the antennas
of multiple users as required by this section.
C.
Permitted use regulations.
(1)
Permitted as conditional uses in nonresidential
zones. Subject to the conditions set forth in this section and to
site plan approval, except as otherwise provided below, new telecommunications
towers and antennas shall be permitted as conditional uses in all
nonresidential zoning districts within the Township of Mansfield.
Telecommunications towers and antennas shall not be permitted in the
R-1 Residence District, R-4 Village Center District, R-5 Residence
District, R-6 Residence District, C-1 Neighborhood Community District,
C-2, Highway Commercial District, and C-3 Office/Residential District.
(2)
Preexisting towers and antennas. Wireless telecommunications
towers that existed on the date of the adoption of this section (nonconforming
wireless telecommunications tower) are subject to the following provisions:
(a)
Nonconforming 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 section.
(b)
Nonconforming 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 therefor but without
otherwise complying with this section. However, should the destruction
or damage be determined by the Mansfield Consolidated Land Use Board
of Mansfield Township 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 section.
[Amended 3-5-2020 by Ord. No. 2020-5]
(c)
The owner of any nonconforming 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 collocated antennas or facilities or to upgrade the facilities
to current engineering, technological or communications standards
without having to conform to the provisions of this section.
(3)
General requirements for towers and antennas.
(a)
Locational priority. If needed in accordance
with an overall comprehensive plan for the provision of full wireless
telecommunications services within the Mansfield Township area, wireless
telecommunications towers, where permitted as a conditional use in
accordance with the above, shall be located in accordance with the
following locations:
[1]
Existing towers. The first priority location
shall be collocation 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 section, and collocation
sites shall not become "antenna farms" or otherwise be deemed by the
Land Use Board to be visually obtrusive.
[2]
Publicly used structures. The second priority
location shall be on land or structures owned, in order of specific
preference, by the Township of Mansfield; the Board of Education of
the Township of Mansfield; Board of Education for Northern Burlington
County School District, location within Mansfield Township, the County
of Burlington; the State of New Jersey; 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 dispersed 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 commercial
or residential structures. 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, flagpoles,
clock or bell towers and light poles.
[3]
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 roofline can and will be removed as part of the installation
of the telecommunications facility.
[4]
The fourth priority location shall be such locations
as the applicant proves are essential to provide required service
to the Mansfield Township area.
(b)
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.
(c)
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.
(d)
Additionally, if multiple sites for new towers
that meet all other qualifications are available, the site with the
least visible 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.
(e)
The design and construction of a new local communications
facility tower 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.
(4)
Collocation policy.
(a)
Each applicant for a new telecommunications
tower shall present documentary evidence regarding the need for wireless
antennas within the Township of Mansfield. This information shall
identify the wireless network layout and coverage areas to demonstrate
the need for such equipment within this Township.
(b)
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 collocation sites. Such evidence shall
include a radio frequency engineering analysis of the potential suitability
of existing buildings or structures or collocation 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 collocation 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.
(c)
Applicants proposing to construct new telecommunications
towers shall document the locations of all existing telecommunications
towers within the Township of Mansfield 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 to collocate 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.
(5)
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 provider's service
or engineering needs and the reason why the subject site was chosen.
The analysis shall address the following issues:
(a)
How the proposed location of the telecommunications
tower relates to the object of providing full wireless communications
services within the Township of Mansfield area.
(b)
How the proposed location of the proposed telecommunications
tower relates to the location of any existing antennas within and
near the Mansfield Township area.
(c)
How the proposed location of the proposed telecommunications
tower relates to the anticipated need for additional antennas within
and near the Mansfield Township area by the applicant and by other
providers of wireless communications services within the Mansfield
Township area.
(d)
How the proposed location of the proposed telecommunications
tower relates to the objective of collocating the antenna or many
different providers of wireless communications service within the
Mansfield Township area.
(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, 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, 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.
(7)
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 Committee
of the Township of Mansfield. 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.
(8)
Tower setbacks. The following setback requirements
shall apply to all telecommunications towers and antennas; provided,
however, that the Consolidated Land Use Board of Mansfield Township
may reduce the standard setback requirements if the goals of this
section 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:
[Amended 3-5-2020 by Ord. No. 2020-5]
(a)
Towers shall meet the setbacks of the underlying
zoning district with the exception of the industrial zoning districts,
where towers may encroach into the rear setback area, provided that
the rear property line abuts another industrially zoned property and
the tower does not encroach upon any easements.
(b)
Towers shall be set back from the planned public
rights-of-way as shown on the most recently adopted Master Plan of
the Township by a minimum distance equal to 1 1/2 times the height
of the tower, including all antennas and attachments.
(c)
Towers shall not be located between a principal
structure and a public street, with the following exceptions:
(d)
Towers must be set back a distance equal to
1 1/2 times the height of the tower from any off-site residential
structure.
(e)
For antennas attached to the roof or a supporting
structure on a rooftop, a one-to-one setback ratio (example: ten-foot-high
antenna and supporting structure requires ten-foot setback from edge
of roof) shall be maintained unless an alternative placement is shown
to reduce visual impact.
(f)
A tower's setback 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, power line support
device or similar structure.
(9)
Lot size. For purposes of determining whether
the installation of a tower or antennas complies with district development
regulations, including, but not limited to, setback 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.
(10)
Abandonment and removal.
(a)
Abandonment.
[1]
Any telecommunications tower and
equipment which is 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 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.
[2]
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 section as if such tower or antenna was
a new tower or antenna.
(b)
Removal.
[1]
When an owner of a telecommunications
tower and antenna who has been notified to remove same fails to do
so within 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
regenerated 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.
[2]
Any delays by the Township in taking
action under this clause shall not in any way waive the Township's
right to take action.
(11)
Principal accessory and joint uses. Accessory
structures used in direct support of a telecommunications tower shall
be allowed but not 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.
(12)
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 of pole is necessary
for the collocation of additional antennas on the tower.
(13)
Additional submission requirements: a report
from a qualified expert containing the following:
(a)
A description of the tower and the technical
and other reasons for the tower design and height, including cross-sections
and elevations.
(b)
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.
(c)
An indication of the height above grade for
all potential mounting positions for collocated antennas and the minimum
separation distance between antennas.
(d)
Description of the tower's capacity, including
the number and type of antennas that it can accommodate.
(e)
A statement detailing current FCC information
concerning wireless telecommunications towers and radio.
(f)
Frequency admission standards as well as information
on the projected power density of the proposed facility and how it
meets the FCC standards.
(g)
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.
(14)
Cessation of use. A copy of the relevant portions
of a signed lease which requires the applicant to remove the tower
and associated facilities upon cessation of operations of the site
shall be submitted at the time of the application.
(15)
Visual impact study. A visual impact study,
graphically simulating through models, computer-enhanced graphics
or similar techniques the appearance of any proposed tower and indicating
its view from at least five locations around and within one mile of
the proposed wireless telecommunications tower where the wireless
telecommunications tower will be most visible, shall be submitted.
Aerial photographs of the impact area shall also be submitted.
(16)
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 surrounding
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 communications facility or its supporting new tower extends
above the height of the vegetation immediately surrounding it, it
shall be painted in a light gray or light blue hue which blends with
the sky.
(17)
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
setback requirements of the underlying zoning district. Ground-mounted
equipment shall be screened from view by suitable vegetation except
where a design of nonvegetative screening buffer reflects and complements
the architectural character of the surrounding neighborhood. A landscape
plan shall be submitted for review of proposed screening.
(18)
Landscaping.
(a)
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
setbacks 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
communications facility shall be landscaped or be oriented in such
a way as to preclude a direct view of the facility from a public venue.
(b)
The following standards shall apply to clearing
and landscaping for construction of a new local communications facilities:
[1]
Clearing of existing vegetation
shall be the minimum necessary to allow for access to and operation
of the facility.
[2]
The tower 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:
[a]
One or more rows of evergreen trees,
at least five feet to six feet in height when planted, and capable
of forming a continuous hedge at least 15 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.
[b]
Adjacent to residential zones and
recreational areas, an additional row of deciduous trees no less than
2 1/2 inches in diameter measured three feet above grade, and
spaced not more than 25 feet apart, shall be planted around the evergreen
trees.
[c]
The screening shall be maintained
and replaced as necessary while the facility is in service.
(19)
Lighting. No lighting is permitted except as
follows:
(a)
Equipment, buildings and compounds may have
security and safety lighting at the entrance, provided that the light
that 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.
(b)
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.
(20)
Height. The antenna and any supporting structure
shall not exceed 200 feet in height, but, if a lesser height, same
shall be designed so that its height can be increased to 200 feet
if necessary to accommodate other local communications facilities
in the future.
(21)
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.
(22)
Fencing and other security devices. Telecommunications
towers and equipment buildings in compounds shall be surrounded with
a security fence, including an appropriate anticlimbing device or
other similar protective device to prevent unauthorized access to
the telecommunications facilities. Additional safety devices shall
be permitted or required as needed and as approved by the Board as
may be necessary.
(24)
Radio frequency emissions.
(a)
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.
(b)
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 communications facility.
Such measurements shall be made by a qualified technician, who shall
certify that the measurements are within applicable limits.
(25)
Application requirements.
(a)
Preapplication conference. Early consultation
by applicants with municipal officials 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 preapplication 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 by the Board of a formal
application.
(b)
Site plan approval by the Consolidated Land
Use Board of Mansfield Township shall be required before any new local
communications facility may be erected. The following information
shall be submitted to the Consolidated Land Use Board of Mansfield
Township for its review:
[Amended 3-5-2020 by Ord. No. 2020-5]
[1]
A platted 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 feet (including adjacent municipalities); any roads
within 200 feet; proposed means of access; and setbacks from property
lines.
[2]
Photos of the proposed site of
the facility showing current conditions.
[3]
The setback distance from the nearest
structure.
[4]
A map showing the location of all
other local communications facility towers and other structures within
the municipality as well as outside of the municipality within a five-mile
radius. The applicant shall also identify the height and type of construction
of all such structures.
[5]
A landscape plan showing proposed
landscaping.
[6]
The location and type of fencing,
if applicable, and the type, location, color and power of any illumination.
[7]
An assessment of the suitability
of the use of existing towers or other structures within the search
area to accommodate the local communications facility in lieu of a
tower, if a tower is proposed.
[8]
An assessment of the suitability
of the site to accommodate additional equipment sheds and similar
needs of other wireless providers who may wish to collocate on the
proposed facility.
[9]
Written confirmation from any other
wireless providers who have expressed a desire to collocate on the
proposed facility that the selected site meets their operational needs
and space requirements for equipment sheds and the like.
[10]
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.
[11]
Information required for all other
standards of the Land Development Code.
[12]
In the event that the collocation
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 collocation at the site is not feasible or is feasible given the
design configuration most accommodating to the collocation or that
a new tower has less visual impact at an alternate site. The cost
for such a technical expert will be at the expense of the applicant.
The Township may deny approval to an applicant who has not demonstrated
a good faith effort to provide for collocation.
