Conditional uses, as enumerated in Schedule I, shall be permitted upon authorization by the Approving Authority
pursuant to the Land Use Procedures Ordinance of the Borough of New Providence, 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, and ingress and egress is so designed as to cause minimum interference
with traffic on abutting streets.
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 shall be submitted and approved.
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.
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 may be waived by the approving authority, provided that the joint
use requirements of §
310-20F are met when applicable.
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.
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.