Conditional uses, as enumerated in Schedule I,[1] shall be permitted upon authorization by the Approving Authority pursuant to the Land Use Procedures Ordinance of the Borough of New Providence,[2] provided that such uses are found to comply with the following requirements and other applicable requirements as set forth in this chapter:
A. 
The use is a conditional use as set forth in Schedule I.
B. 
The use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience of the citizens will be protected.
C. 
Adequate landscaping and screening is provided.
D. 
Adequate off-street parking and loading is provided, in accordance with Schedule IV,[3] and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
[3]
Editor's Note: Schedule IV is located at the end of this chapter.
E. 
The use conforms to all applicable regulations governing the district in which it is located and the regulations of this Article.
F. 
Any site plan required by Article 6 of the Municipal Land Use Law and the Subdivision and Site Plan Ordinance[4] shall be submitted and approved.
[4]
Editor's Note: See Ch. 305, Subdivision of Land and Site Plan Review.
[1]
Editor's Note: Schedule I is located at the end of this chapter.
[2]
Editor's Note: See Ch. 291, Land Use Procedures.
The location, relocation or enlargement of automobile service stations and repair establishments shall be permitted upon authorization by the approving authority in accordance with the following standards and site plan review:
A. 
No such use shall be located within 1,000 feet of any existing automobile service station or repair establishment.
B. 
No such use shall be located within 150 feet of any residential district.
C. 
No such use shall be located within 200 feet of any church, school, hospital, library or theater.
D. 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
E. 
All repair operations shall be conducted within a building.
F. 
Overnight outdoor storage of more than five vehicles shall be prohibited, and all storage areas shall be adequately screened.
G. 
All tanks shall be underground.
H. 
No vehicle shall be parked or parking spaces provided within 10 feet of any street or roadways.
Such uses may be permitted upon authorization by the Planning Board or Board of Adjustment, in accordance with the following standards and site plan review:
A. 
Such uses shall be located on a minimum lot area of one acre.
B. 
All vehicular entrances and exits shall be clearly visible from the street.
C. 
All passenger loading and unloading areas shall be located as to avoid safety hazards from vehicular traffic, and adequate walkways shall be provided.
D. 
Outdoor play areas shall be adequately separated from vehicular circulation and parking areas.
E. 
In the OR District, a buffer landscape strip of not less than five feet in width shall be provided along the side and rear lot lines.
Community residences for the developmentally disabled and community shelters for victims of domestic violence housing more than six persons, excluding resident staff, shall be permitted upon authorization of the approving authority in accordance with following standards and site plan review:
A. 
No such use shall be located within 1,500 feet of an existing such residence or shelter.
B. 
No such use shall be permitted if the number of persons, other than the resident staff, resident at existing such community residences or community shelters within the Borough exceeds 50 persons, or 1/2 of 1% of the population of the Borough, whichever is greater.
Clubs, fraternal organizations, lodges and social halls may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review:
A. 
Such uses shall be located on primary or secondary streets.
B. 
Such uses shall be on minimum lots of one acre.
Such uses may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review:
A. 
Such uses shall be located on a minimum lot area of two acres.
B. 
All vehicular entrances and exits shall be clearly visible from the street, and pedestrian crossing shall be clearly marked.
C. 
All passenger loading and unloading areas shall be located so as to avoid safety hazards from vehicular traffic, and adequate walkways shall be provided.
D. 
Outdoor play areas shall be adequately separated from vehicular circulation and parking areas.
A. 
The following home occupations may be permitted subject to the limitations hereinafter set forth: dressmaker, seamstress, physician, dentist, lawyer, architect, licensed professional engineer and accountant.
B. 
Teaching occupations of a tutoring nature may be permitted subject to the limitations hereinafter set forth, provided that there shall be no more than five pupils in attendance at the same time.
C. 
Home occupations may be permitted in the OR District upon authorization by the approving authority in accordance with the following standards and site plan review:
(1) 
Such use is clearly accessory to the principal use of the structure.
(2) 
Such home occupation is conducted solely by the owner residing on the premises or members of his immediate family residing on the premises.
(3) 
Not more than 25% of the total living area of the dwelling unit shall be used for the home occupation.
(4) 
Not more than one nonresident employee may be permitted.
(5) 
Such use shall be conducted solely within the principal structure.
(6) 
One sign, not exceeding seven by eighteen (7 x 18) inches, shall be permitted indicating the name and home occupation of the occupant.
(7) 
Off-street parking shall be provided in accordance with the requirements for mixed and/or unlisted uses in Schedule IV.[1]
[1]
Editor's Note: Schedule IV is located at the end of this chapter.
(8) 
There shall be no change in the outside appearance of the building or premises which would alter its residential character.
(9) 
No use shall generate such traffic, parking, noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or any other hazard or nuisance which shall have a detrimental effect upon the character of the neighborhood.
Hotels may be permitted in the OR Zone upon authorization by the approving authority in accordance with the following standards and site plan review:
A. 
Any hotel that may be constructed on a lot or parcel of land must contain a minimum of at least 20 units of accommodation, exclusive of any permanent on-site superintendent's living quarters. The minimum number of units of accommodation in any single building shall be 10.
B. 
Each unit of accommodation shall contain a minimum floor area of 250 square feet. Ceilings shall be a minimum of eight feet in height.
C. 
Each unit of accommodation shall include a minimum of two rooms: a bedroom and a separate bathroom.
D. 
No more than 20% of the units of accommodation shall include full cooking facilities within said unit.
E. 
Permanent restaurant seating capacity shall be limited to two seats per unit of accommodation.
F. 
No permanent bars, cocktail lounges or other areas for the service of alcoholic beverages shall be permitted.
G. 
Strict conformance to the parking requirements of Schedule IV[1] may be waived by the approving authority, provided that the joint use requirements of § 310-20F are met when applicable.
[1]
Editor's Note: Schedule IV is located at the end of this chapter.
Licensed nursing homes may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review:
A. 
Such uses shall be located on a minimum lot area of two acres.
B. 
Such uses shall be located on primary or secondary streets.
A. 
Under the standard provisions of this chapter, a separate ground area, referred as a "lot," must be designated, provided and continuously maintained for each structure or use. Pursuant to the procedure set forth in this Article, two or more such structures may be erected and maintained on the same lot. Also, several lots may be combined into one special plan covering a planned development. This procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety, welfare and convenience in the use and occupancy of buildings and facilities in planned groups.
B. 
Planned residential developments and residential clusters shall be permitted in the A Zones, in addition to the R4, OR and C1 Districts, only. Nonresidential planned developments shall contain only those uses permitted in the district where located.
C. 
Such uses may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review:
(1) 
Size. All planned developments shall contain a minimum of five acres.
(2) 
Density or intensity of land use. In no case shall the maximum building coverage, height, density and setback exceed that permitted in the specified district. Within a planned development, the location of structures may vary in accordance with the design standard specified in the Subdivision and Site Plan Ordinance.[1] Common open space so created shall be equal to a minimum of 15% of the total land area not dedicated to public use.
[1]
Editor's Note: See Ch. 305, Subdivision of Land and Site Plan Review.
Such uses may be permitted upon authorization by the approving authority in accordance with the following standards and site plan review:
A. 
Not more than six roomers or boarders shall be permitted.
B. 
Rooms for rent shall not be less than 125 square feet.
C. 
Each boarder or roomer shall have an individual room.
D. 
The renting of rooms shall be incidental to the primary use as a residence for the owner of the building.
E. 
No rooms for rent shall have kitchen facilities.
F. 
The owner shall demonstrate compliance with all applicable state laws, rules and regulations.
[Added 11-10-1997 by Ord. No. 97-14]
A. 
Purpose. The purpose of this section is to regulate the location, placement, operation and maintenance of WT technology within the Borough of New Providence. This section is intended to meet the requirements of the Telecommunications Act of 1996, while at the same time reasonably regulating WT technology within the Borough of New Providence.
B. 
General requirements for WT technology.
(1) 
Siting preferences. Pursuant to the needs analysis required by Subsection E below, an application to install, construct, erect, move, reconstruct or modify any WT antenna shall be subject to siting preferences as follows:
(a) 
If the analysis demonstrates that it is reasonably necessary to install, construct, erect, move, reconstruct or modify a WT antenna within the Borough of New Providence, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located upon an existing building or other structure within the Light Industrial Zone.
(b) 
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct, or modify the proposed WT antenna upon an existing building or structure within the Light Industrial Zone, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or collocated upon an existing WT tower within the Light Industrial Zone.
(c) 
If the analysis demonstrates that it is not reasonably practicable to install, construct, erect, move, reconstruct and/or modify the proposed WT antenna upon an existing WT tower within the Light Industrial Zone, then, subject to all other permitted conditional use standards, the proposed WT antenna may be located or collocated upon a new WT tower to be construct within the Light Industrial Zone.
(2) 
WT antennas. WT antennas shall be consistent with the following requirements:
(a) 
Microwave dishes, cones or other antennas used for the purpose of point-to-point microwave transmission or microwave links are prohibited.
(b) 
Platform-mounted or side-arm-mounted antennas of any kind are prohibited.
(c) 
Subject to the siting preferences set forth in Subsection B(1) above, WT antennas may be mounted on existing buildings or other structures or on WT towers, provided that:
[1] 
WT antennas mounted on existing buildings or other structures shall not, when combined with the height of the building or structure on which they are located, exceed 50 feet in height; and
[2] 
WT antennas mounted on WT towers shall not extend beyond the height limitations for such towers.
(d) 
WT antennas shall be constructed, finished or painted so as to minimize their visual impact on the landscape.
(3) 
WT towers. WT towers shall be consistent with the following requirements:
(a) 
WT towers shall be limited to monopole designs only. Freestanding lattice towers and guyed towers of any kind are prohibited.
(b) 
To the maximum extent practicable, WT towers shall be designed to permit collocation of additional antennas.
(c) 
The maximum height of any WT tower, including any WT antennas or other equipment mounted thereon, shall not exceed 75 feet.
(d) 
No WT tower shall be lighted except as may be required by state or federal law.
(e) 
No WT tower shall bear any signs, displays or advertisements of any kind except as may be required by law.
(f) 
WT towers shall be constructed, finished or painted so as to minimize their visual impact on the landscape.
(4) 
WT equipment and WT equipment compound. All WT equipment shall be housed within a WT equipment compound, consistent with the following requirements:
(a) 
WT equipment compounds shall be enclosed within a locked security fence at least seven feet in height, unless located within an existing building.
(b) 
No WT equipment compound nor any WT equipment housed therein shall exceed 15 feet in overall height.
(c) 
WT equipment compounds shall be constructed, finished or painted so as to minimize their visual impact on the landscape.
(5) 
Reasonable efforts shall be employed to camouflage and minimize the visual impact of any WT technology installed or constructed pursuant to the provisions of this section
(6) 
WT technology shall fully conform to all applicable state, federal and local laws.
(7) 
Routine maintenance of WT technology shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
C. 
Setback requirements for the location of WT technology.
(1) 
The minimum setback from any school lot line or other lot line on which a licensed educational facility is located shall be 300 feet.
(2) 
The minimum setback from residential lot lines located within the Light Industrial Zone shall be 150 feet.
(3) 
The minimum setback from any other zone shall be 150 feet.
(4) 
No WT technology shall be located in the front yard of any lot.
D. 
Additional site plan requirements. In addition to compliance with all applicable zoning and site plan requirements, applications for approval of WT technology shall include the following:
(1) 
An access road, turnaround, and one parking space, as may be necessary to provide adequate emergency and service access, using existing roads, public or private, to the maximum extent practicable.
(2) 
The color or colors of the proposed WT equipment.
(3) 
A Visual Environmental Assessment Form ("Visual EAF") with particular attention given to the visibility of the proposed WT equipment from key viewpoints identified in the Visual EAF, existing tree lines, and proposed elevations.
(4) 
A map of existing WT technology within the Borough of New Providence which is owned, leased or otherwise under the custody, control or use of the applicant at the time of application, and of sites within the Borough of New Providence where WT technology is proposed or projected to be installed, constructed, erected, moved, reconstructed and/or modified by or for the benefit of the applicant within the next two years.
(5) 
A certified load analysis report for the building, structure, existing WT tower, or proposed WT tower upon which a WT antenna is proposed to be located, indicating its ability to support possible future, collocated WT antennas.
(6) 
The approving authority may waive any of these requirements, for good cause shown, where an application is made to locate the proposed WT antenna upon an existing building, structure, or WT tower.
E. 
Applications requirements for conditional use permits for WT technology. In addition to submission of all applications required by this Chapter 310, Zoning, all applicants for a conditional use permit for the installation, constructing, erection, movement, reconstruction, or modification of any WT technology shall submit the following:
(1) 
Needs analysis. The needs analysis shall contain documentary evidence demonstrating the need for the proposed installation, construction, erection, movement, reconstruction or modification of any WT technology within the Borough. This evidence shall include, at a minimum:
(a) 
The WT service provider's wireless telecommunications network layout and coverage area for a radius of at least 20 miles from the Light Industrial Zone, identifying all locations:
[1] 
In operation as of the filing date of the conditional use permit application;
[2] 
Under construction as of the filing date of the conditional use permit application; and
[3] 
Pending approval before any licensing authority as of the filing date of the conditional use permit application.
(b) 
All results and, to the extent requested by the Planning Board, supporting data derived from tests which must be conducted to determine before and after signal strength plots. These results and data:
[1] 
Shall demonstrate the actual existing signal coverage in effect at the time of application, contrasted with the proposed signal coverage which would result from the proposed installation, construction, erection, movement reconstruction, or modification of WT technology within the Borough of New Providence; and
[2] 
Shall be certified by a qualified, independent, radio frequency engineer. The borough reserves the right to retain a radio frequency engineer on its own behalf at the applicant's expense to review the results or data submitted by the applicant.
(c) 
A search ring of the Light Industrial Zone prepared by a licensed professional radio frequency engineer and overlaid on an appropriate background map demonstrating the area within the Light Industrial Zone where the WT technology needs to be located in order to provide reasonably necessary signal strength and coverage to the target cell.
(d) 
In connection with the signal strength plots and search ring described above, the applicant must provide a report prepared by a qualified independent professional engineer which explains why the proposed location was selected and which specifically addresses, at a minimum:
[1] 
If the applicant proposes to install, construct, erect move, reconstruct or modify a WT antenna upon an existing structure or building, why it is reasonably necessary to locate that WT antenna within the Borough of New Providence;
[2] 
If the applicant proposes to install, construct, erect, move, reconstruct or modify a WT antenna upon an existing WT tower:
[a] 
Why it is reasonably necessary to locate that WT antenna within the Borough of New Providence; and
[b] 
Why it is not reasonably practicable to locate or collocate that WT antenna upon an existing building or structure within the Light Industrial Zone; and
[3] 
If the applicant proposes to install, construct, erect, move, reconstruct and/or modify a WT antenna upon a WT tower:
[a] 
Why it is reasonably necessary to locate that WT antenna within the Borough of New Providence;
[b] 
Why it is reasonably practicable to locate or collocate that WT antenna upon an existing building or structure within the Light Industrial Zone; and
[c] 
Why it is not reasonably practicable to locate or collocate that WT antenna upon an existing WT tower within the Light Industrial Zone.
(e) 
The Maximum Permissible Exposure Analysis for the power at which this proposed WT technology is expected to operate.
F. 
Permit standards. The following criteria shall be considered by the Planning Board prior to the approval or denial of a request for a conditional use permit for WT technology. These criteria may be used as a basis to impose reasonable conditions on the applicant.
(1) 
Aesthetics. WT technology shall be located and buffered to the maximum extent which is practical and technologically feasible to help ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the approval of the application, including the following:
(a) 
The Planning Board may require the applicant to show that it has made good-faith efforts to minimize the height of proposed towers; to collocate on existing buildings, structures or WT towers; or to locate proposed new WT towers near existing towers in an effort to consolidate visual disturbances.
(b) 
The applicant must submit a copy of its policy regarding collocation with other potential applicants on any proposed WT tower.
(c) 
The Planning Board may require the applicant to use camouflage and/or otherwise to minimize the visual impact of the proposed WT technology.
(2) 
Radio-frequency effect. The Planning Board may impose conditions on the applicant that the proposed WT antenna be operated only at Federal Communication Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency (EPA) technical exposure limits, that competent documentation be provided which establishes maximum allowable frequencies, power levels and exposure limits for radiation from the site will not be exceeded, and that radio and television reception will not be interfered with.
(3) 
Removal of WT technology. The applicant shall agree to remove any WT technology if all or part of any such WT technology becomes obsolete, is unrepaired for an unreasonable period, or ceases to be used for its intended purpose for 12 consecutive months. The Borough of New Providence may, at its sole discretion, require the applicant to provide a demolition bond to the Borough of New Providence for the purpose of assuring the removal of any WT technology in accordance with the provisions of this section. The applicant will be responsible for providing, on an annual basis, written estimates to the Borough of New Providence for the cost to demolish and/or remove the WT technology, and to restore the land upon which it is located. Such estimates will be used to establish whether any adjustment is required in the amount of the required demolition bond.
(4) 
Structural safety.
(a) 
Upon written request from the Borough of New Providence at any time, during the application process or after the installation, construction, erection, movement, reconstruction, or modification of any WT technology, the applicant shall provide a report from a licensed professional engineer certifying as to the condition of the WT technology with respect to applicable structural safety standards. Such requests from the Borough shall not occur more often than once every three years. If the engineer's report recommends that repairs or maintenance are required, then a letter shall be submitted to the Borough which shall contain a reasonable schedule for the required repairs or maintenance. Upon their completion, a letter shall promptly be submitted to the Borough to certify the same.
(b) 
In the event that the applicant fails to comply with these requirements regarding structural safety, the Borough reserves the right in addition to all of its other rights and remedies available under, state, federal and local law to declare the applicant in default of its obligations under this chapter. Should that occur, the applicant will have 10 days to notify the Borough as to how it intends to cure its default, setting forth a reasonable schedule for the same. In the event that the applicant fails to so notify the Borough, or fails to cure as agreed, the Borough may draw on the applicant's demolition bond and arrange for the removal and/or demolition of the applicant's WT technology; declare the WT technology to be abandoned and arrange for the public auction of the WT technology; and/or pursue such other remedies at law and in equity as may be available. Nothing in this section shall be construed to limit the applicant's liability for criminal prosecution.
[1]
Editor's Note: Former § 310-47.1, Cellular towers, added 6-9-1997 by Ord. No. 97-7, was repealed 10-27-1997 by Ord. No. 97-13.