A.
Accessory buildings as part of principal buildings.
Any accessory building attached to a principal building shall be considered
part of the principal building, and the total structure shall adhere
to the yard requirements for the principal building, regardless of
the technique of connecting the principal and accessory building.
B.
Accessory buildings not to be constructed prior to
principal building. No building permit shall be issued for the construction
of an accessory building prior to the issuance of a building permit
for the construction of the principal building upon the same premises.
If construction of the principal building does not precede or coincide
with the construction of the accessory building, the Building Inspector
shall revoke the building permit for the accessory building until
construction of the principal building has proceeded substantially
toward completion.
C.
Distance between adjacent buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in Article III.
D.
Height of accessory buildings. The height of accessory buildings shall be as prescribed in Article III.
E.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in Article III, except that, if erected on a corner lot, the accessory building shall be set back from any abutting street to comply with the setback line applying to the principal building for that street.
F.
Temporary construction trailers and sales offices.
Temporary construction trailers and sales offices and one sign not
exceeding 100 square feet, advertising the project or development
for a period of construction beginning with the commencement of site
work and concluding with the issuance of the final certificate of
occupancy, may be permitted, provided that said trailer, sales office
and sign are on the site where construction is taking place and are
set back at least 45 feet from any street or lot line. The area of
construction trailers may not exceed 1,500 square feet in the aggregate,
and the area of the sales office may not exceed 1,000 square feet.
[Added 11-9-1988 by Ord. No. 88-11]
No poultry or livestock shelter shall be erected
nearer than 100 feet to any lot line.
A.
No fence shall be erected of barbed wire, topped with
metal spikes, constructed of any material or in any manner which may
be dangerous to persons or animals, except that these provisions shall
not apply to farms or residential agriculture.
B.
On any lot in any district, no wall or fence shall
be erected or altered so that said wall or fence shall be over three
feet in height in side and front yard areas and four feet in height
in rear yard areas except:
(1)
A dog run or privacy area may have fencing a maximum
of six feet in height, provided that such area is located in rear
yard areas only and is set back from any lot line at least 15 feet.
(2)
Swimming pool areas shall be located in rear yard
areas only.
[Amended 7-16-1996 by Ord. No. 96-9; 8-20-1996 by Ord. No. 96-11]
C.
On a corner lot, a fence, structure or planting over
30 inches in height above the curb or edge of roadway shall not be
erected or maintained closer than 25 feet to the intersecting street
line.
A.
All lots being filled shall be filled with clean fill
and/or topsoil to allow complete surface draining of the lot into
local storm water systems or natural drainage courses.
B.
No construction shall be permitted which creates or
aggravates water stagnation or a draining problem on adjacent lots.
Natural drainage courses shall not be blocked unless alternate routing
has been approved by the Township Engineer.
[Added 10-20-1992 by Ord. No. 92-15]
Minor utility facilities are permitted in all
zoning districts within the Township of Washington. Minor utility
facilities are poles, wires, conduits, power lines, cable lines, meter
boxes, telephone booths, manholes, pipes and appurtenances supporting
and associated with the foregoing, as well as any vault which is essentially
underground having a plan view surface area of not over 100 square
feet and a height above grade of not over two feet (and any electric
meter and its containing cabinet associated with such vault); provided
that the foregoing facilities are utilized by public utilities in
the distribution of public utility service. Any such vault shall be
landscaped by evergreen plantings so as to obscure the above-ground
portion of the vault from lateral view; and such landscaping must
be approved by the Zoning Officer prior to the installation of the
vault. The public utility involved shall submit to the Zoning Officer
a plan showing such plantings and vault installation itself. Minor
utility facilities shall not require site plan approval under the
Code.
[Amended 10-17-2006 by Ord. No. 2006-28]
A.
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The outside lighting in and around the parking areas shall provide for nonglare, color-corrected lights focused downward. The light intensity provided at ground level shall be a minimum as specified in § 123-19B(8)(c) anywhere in the area to be illuminated, shall average the minimum as specified in § 123-19B(8)(c) over the entire area illuminated and shall be provided by fixtures with a mounting height of not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the center line of the light source and spaced a distance not to exceed five times the mounting height. Any other outdoor lighting, such as for building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent lots, traffic safety and overhead sky glow. The objective of this is to minimize undesirable off-premises effects. This is necessary in order to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security. No light shall shine directly into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval by the Land Use Board.
B.
Each site plan submitted to the Land Use Board for
approval shall have the following information shown thereon or be
annexed thereto to minimize light trespass:
(1)
The lighting shall be designed and installed in a
manner which shall result in the direct or diffused source of illumination
not being visible at any point on the property boundary at a height
of three feet or anything greater. This can be accomplished through
shielding, placement, type and style of fixtures and other means which
are technically feasible.
(2)
Lighting shall not project off the property. At the
property line, illumination from light fixtures shall not exceed 0.1
footcandle in a vertical plane.
(3)
Outdoor light fixtures shall be designed, installed
and maintained so that there will be no objectionable direct light
emissions.
(4)
Prohibited. Exterior light globes, unshielded sources,
upward-pointed light sources, mercury vapor lights, off-site lighting
of outdoor advertisements, laser source lights, searchlights, arc
lights, and pulsed or flashing lights shall be prohibited.
(5)
Recommended. The following recommended lighting source
types should always use the lowest wattage possible:
(a)
Low-pressure sodium (LPS) for roadways, walkways,
parking areas, outdoor security lighting, residential security lighting
and other outdoor lighting.
(b)
High-pressure sodium (HAS) for sports parks
and tennis courts where realistic color is critical.
(c)
Metal halide (MH) for display only where exact
colors must be shown.
(6)
Incandescent, including quartz, not energy efficient
but appropriate for low-wattage applications such as porch lights.
(7)
Metal halide fixture lamp types shall be filtered.
"Filtered" means any outdoor light fixture which has a glass, acrylic
or translucent enclosure of the light source. (Quartz glass does not
meet this requirement).
(8)
Illuminance and luminance requirements.
(a)
Illuminance and luminance requirements shall
be set forth as below:
[1]
Streetlighting as defined by:
|
Average Illuminance (fc)
|
Average Luminance (fl)
| ||||||
|---|---|---|---|---|---|---|---|
|
Category
|
Initial
|
Main-
tained
|
Initial
|
Main-tained
|
Ratio (fc) Average to Minimum
|
Ratio (fl) Average to Minimum
| |
|
Residential
| |||||||
|
Streetlighting local
|
0.6
|
0.4
|
0.12
|
0.09
|
5 to 1
|
5 to 1
| |
|
Streetlighting collector
|
0.9
|
0.6
|
0.18
|
0.12
|
4 to 1
|
4 to 1
| |
|
Commercial
| |||||||
|
Streetlighting local
|
1.3
|
0.9
|
0.26
|
0.18
|
5 to 1
|
5 to 1
| |
|
Streetlighting collector
|
1.7
|
1.2
|
0.34
|
0.24
|
4 to 1
|
3 to 1
| |
[2]
On-grade parking as defined by:
|
Maintained Illuminance
|
Initial Illuminance
| |||||
|---|---|---|---|---|---|---|
|
Basic
|
Security
|
Basic
|
Security
| |||
|
Horizontal Illuminance
| ||||||
|
Minimum (fc)
|
0.2
|
0.5
|
0.3
|
0.7
| ||
|
Average (fc)
|
1.0
|
2.5
|
1.4
|
3.6
| ||
|
Uniformity ratios
| ||||||
|
Average to minimum
|
5:1
|
5:1
|
5:1
|
5:1
| ||
|
Maximum to minimum
|
20:1
|
15:1
|
20:1
|
20:1
| ||
|
Minimum vertical illuminance (fc)
|
0.1
|
0.25
|
0.15
|
0.35
| ||
(b)
Certain data above has been summarized from
IESNA RP-20-98, titled "Lighting for Parking Facilities."
(c)
Determination of basic or security levels, maintained
or initial, shall be made by the Washington Township Land Use Board.
This could include setting levels based on hours of operation and/or
reduced levels after-hours operation.
(d)
IESNA standards are to be utilized.
(9)
Plans and information required shall include the following:
(a)
Description of outdoor light fixtures including
specifications such as lamps, reflectors, optics, angle of cutoff,
supports, poles and include manufacturer's catalog cuts.
(b)
Location and description of every outdoor light
fixture and the hours of operation.
(c)
Location and description of motion detectors
for security lighting and the light fixtures controlled by the unit
or control timers.
(e)
Photometric grid showing average footcandle
every 10 feet or less. Foundation details of light poles are required
to be specified. Locations of poles are subject to approval of the
Land Use Board Engineer.
(f)
Height of mounting of light fixture.
(g)
List IESNA recommendations that are not being
met and the reason(s) why.
(h)
All lighting shall be subject to a night light
test, by the Township Engineer, with adjustments made accordingly
during in-service times as a condition of approval in order to verify
the design.
A.
The lawful use of land or structures existing at the
date of adoption of this chapter, as amended, may be continued although
such use or structure is nonconforming to the provisions specified
in this chapter, as amended, for the zoning district in which such
use or structure is located, except as provided by law.
B.
Any nonconforming use or structure which has been
changed to a conforming use or structure shall not be changed back
again into a nonconforming use or structure.
C.
Any nonconforming use, structure or lot may change
ownership and continue to function as the same nonconforming use,
structure or lot, provided that all other provisions of this chapter
and other applicable laws are met.
D.
Repairs and maintenance work required to keep a structure
in sound condition may be made to a nonconforming structure or a structure
containing a nonconforming use. However, no nonconforming structure
or structure containing a nonconforming use shall be enlarged, extended,
constructed, reconstructed or structurally altered in any manner.
F.
Any vacant lot existing at the effective date of adoption
or amendment of this chapter whose area or dimensions do not meet
the requirements of the district in which the lot is located may be
used or may have a structure erected thereon for a use permitted for
that zoning district, provided that the building coverage limit is
not exceeded, parking requirements are met and the yard and height
provisions are reduced by the same percentage that the area of such
lots bears to the zone district requirements, except that no side
yard shall be less than either 10 feet or half that otherwise required
by this chapter, whichever is greater. No building shall be set back
less than 25 feet from any street right-of-way, and no building shall
be required to have a height less than 12 feet and one story. All
other applicable provisions of this chapter shall also apply.
G.
It shall be lawful to erect upon any residential lot in any zone those accessory structures or uses normally deemed incident to a residential use, including but not limited to sheds, detached garages, fences, decks, patios, swimming pools and the like, notwithstanding the fact that such residential lot may be undersized or otherwise not conform to the strict requirements of this chapter, provided that all of the limitations set forth in Subsection F of this section shall be strictly complied with, without the necessity of obtaining a variance therefor. For purposes of this subsection, the term "residential lot" shall be defined as one upon which a residential dwelling is the principal use, as defined in § 123-2 of this chapter.
[Added 7-17-1990 by Ord. No. 90-11]
[Added 6-12-1985 by Ord. No. 85-10]
A.
Any nonconforming use or structure which is discontinued for a period of 18 consecutive months shall be presumed to have been abandoned and thus subject to the provisions of § 123-20B of this chapter.
B.
An owner or occupier of any nonconforming use or structure which has been presumed to have been abandoned pursuant to Subsection A of this section may rebut the presumption by presenting evidence to the Land Use Board on an appeal thereto.
[Amended 3-20-2001 by Ord. No. 01-2]
C.
The Zoning Officer of the Township of Washington shall
not issue a zoning clearance to continue a nonconforming use or structure
presumed abandoned as provided herein but shall deny the clearance
and refer the owner, occupier or applicant, as the case may be, to
the Land Use Board as in the case of any appeal pursuant to § 64-4B(1)
of the Township Code of the Township of Washington.
[Amended 3-20-2001 by Ord. No. 01-2]
A.
General regulations.
(1)
Lighting. All off-street outside parking areas providing five or more parking spaces shall be lighted in accordance with the provisions specified in § 123-19.
(2)
Surfacing and curbing. All on-site, off-street parking
and loading areas and access driveways shall be paved and curbed as
determined by the Township Engineer and approved as part of the site
plan approval.
(3)
Location of parking spaces. All required off-street
parking spaces shall be located on the same lot or premises as the
use served.
(4)
Landscaping.
(a)
Each off-street parking area shall have a minimum
area equivalent to two parking spaces per every 30 parking spaces
landscaped with 1/2 said spaces having shrubs no higher than
three feet and the other half having trees with branches no lower
than seven feet.
(b)
All off-street loading areas shall be landscaped
and screened sufficiently to obscure the view of the parked vehicles
and loading platforms from any street, adjacent residential districts
or uses and the front yards of adjacent commercial and industrial
uses. Such screening shall be by a fence, wall, planting or combination
of the three and shall not be less than four feet in height.
(5)
Type of facility.
(a)
Parking spaces may be on, above or below the
surface of the ground. When parking spaces are provided within a garage
or other structure, said structure shall adhere to the proper accessory
or principal building setbacks, as applicable.
(b)
The provision of parking and loading spaces
shall also include adequate driveway and necessary turning areas for
handling the vehicles for which provision is made. Parking and loading
areas shall be designed to permit each motor vehicle to proceed to
and from the parking space provided for it without requiring the moving
of any other motor vehicles. Aisles providing access to parking spaces
shall have the following minimum dimensions. Where the angle of parking
is different on both sides of the aisle, the larger aisle width shall
prevail.
|
Width
(feet)
| |||
|---|---|---|---|
|
Angle of Parking Space
(degrees)
|
One-Way Aisle
|
Two-WayAisle
| |
|
90
|
22
|
25
| |
|
60
|
18
|
20
| |
|
45
|
15
|
20
| |
|
30
|
12
|
18
| |
|
parallel
|
12
|
18
| |
(c)
Driveways and entrances to parking areas shall
have a minimum width of 25 feet.
[Added 3-14-1990 by Ord. No. 90-2]
(6)
Size of spaces.
[Added 11-9-1988 by Ord. No. 88-11]
(a)
Convenience store, grocery or supermarket, general
retail or service store or shopping center: Each off-street parking
space shall measure 10 feet in width by 18 feet in length.
(b)
All other uses: Each off-street parking space
shall measure nine feet in width by 18 feet in length.
(c)
All parking spaces shall be marked with four-inch-wide
white painted lines.
(7)
Parking spaces for physically handicapped.
[Added 11-9-1988 by Ord. No. 88-11]
(a)
On a lot principally used for other than single-family
dwelling or farm purposes, a minimum of 1% of the total number of
parking spaces, but not less than two parking spaces, shall be provided
in an area of the parking facility which is most accessible and approximate
to the building or buildings which the facility serves.
(b)
Each such space or group of spaces shall be
identified with a clearly visible sign and pavement marking displaying
the international symbol of access, along with appropriate wording.
(c)
Each such space shall be 12 feet wide to allow
room for such persons in wheelchairs or on braces or crutches to get
in and out of either side of an automobile onto a level paved surface
suitable for wheeling and walking.
(d)
Where possible, such spaces shall be located
so that persons in wheelchairs or using braces or crutches are not
compelled to wheel or walk behind parked cars.
(e)
Where applicable, curb ramps shall be provided
to permit handicapped people access from parking areas to sidewalks.
B.
Specific requirements. The following minimum requirements
shall apply for off-street parking spaces:
[Amended 11-9-1988 by Ord. No. 88-11]
(1)
Table 1, Residential Land Uses.
|
Required Off-Street
| |||
|---|---|---|---|
|
Housing Unit Type/Size
|
Parking Spaces
| ||
|
Single-family detached
| |||
|
1 to 3 bedrooms
|
2.5
| ||
|
4 or more bedrooms
|
3.0
| ||
|
Garden apartment, townhouse, condominium
|
2.5*
| ||
(2)
Table 2, Nonresidential Land Uses.
|
Nonresidential Land Use
|
Required Off-Street Parking Spaces Per
Indicated Area
| ||
|---|---|---|---|
|
Commercial uses
| |||
|
Convenience store
|
1 per 150 square feet of gross floor area
| ||
|
Grocery or supermarket
|
1 per 150 square feet of gross floor area
| ||
|
General retail or service store
|
1 per 200 square feet of gross floor area
| ||
|
Shopping center
|
1 per 250 square feet of gross floor area
| ||
|
Bank
|
1 per 200 square feet of gross floor area (plus
drive-through reservoir)
| ||
|
Restaurant, standard
|
1 per 3 seats
| ||
|
Restaurant, fast-food
|
1 per 30 square feet per gross floor area (plus
drive-through reservoir)
| ||
|
All drive-throughs
|
Reservoir capacity equal to 6 spaces per window
| ||
|
Bar, tavern, nightclub
|
1 per 2 seats
| ||
|
Hotel, motel
|
1 per room/suite, plus 1 per employee plus 1
per every 2 persons of the maximum capacity of each public meeting
and/or banquet room, plus additional space in accordance with this
table for restaurants, bars or other facilities
| ||
|
Service station
|
5 per bay or work area
| ||
|
Car wash
|
Reservoir capacity equal to 12 per lane
| ||
|
Automobile sales
|
3 per employee
| ||
|
Auto rental
[Added 9-17-1996 by Ord. No. 96-12] |
1 per 200 square feet of gross floor area
| ||
|
Oil change shop
[Added 9-17-1996 by Ord. No. 96-12] |
1 per shop plus 2 per service bay
| ||
|
Personal services (beauty, barber and similar
shops)
|
4 per employee
| ||
|
Funeral home
|
1 per 4 patron seats
| ||
|
Nursery (retail)
[Added 9-17-1996 by Ord. No. 96-12] |
1 per 200 square feet of indoor sales/display
area, plus 1 per 1,000 square feet of greenhouse sales/display area,
plus 1 per 5,000 square feet of outdoor sales/display area
| ||
|
Rental center
[Added 9-17-1996 by Ord. No. 96-12] |
1 per 200 square feet of indoor sales/display
area
| ||
|
Assisted living
[Added 4-19-1999 by Ord. No. 99-5] |
0.5 per unit
| ||
|
Offices
| |||
|
Home occupation
|
4 per physician or dentist 2 per occupation
for all others
| ||
|
Medical, dental or veterinary office
|
5 per doctor
| ||
|
General office
|
1 per 250 square feet of gross floor area
| ||
|
Research
|
1 per 1,000 square feet or gross floor area
| ||
|
Industrial
| |||
|
Manufacturing, assembly, finishing
|
1 per 800 square feet of gross floor area
| ||
|
Warehouse, storage, distribution, shipping,
receiving
|
1 per 5,000 square feet of gross floor area
| ||
|
Other industrial
|
1 per employee on largest shift, plus 1 per
company vehicle regularly stored on premises
| ||
|
Institutional
| |||
|
Hospital
|
2 per bed or 1 per 150 square feet of gross
floor area, whichever is greater
| ||
|
Nursing home
|
3 for every 5 beds
| ||
|
Church/synagogue
|
1 per 3 seats (1 seat shall be considered 22
inches in calculating the capacity of pews or benches)
| ||
|
Schools
| |||
|
Elementary
|
2 per classroom
| ||
|
Junior high school
|
2 per classroom
| ||
|
High school
|
5 per classroom
| ||
|
Nursery school
|
1 per employee plus 1 per 200 square feet of
gross floor area
| ||
|
Trade
|
1 per 100 square feet of gross floor area
| ||
|
College
|
1 per 150 square feet of gross floor area
| ||
|
Art, martial arts, music and dancing schools
[Added 9-17-1996 by Ord. No. 96-12] |
1 per 100 square feet of gross floor area
| ||
|
Cultural and recreational
| |||
|
Library, museum
|
1 per 300 square feet of gross floor area
| ||
|
Theater
|
1 per 3 seats
| ||
|
Theater in shopping center
|
1 per 4 seats
| ||
|
Bowling alley
|
5 per alley
| ||
|
Indoor tennis, racquetball and handball court
|
4 per court
| ||
|
Outdoor tennis court
|
3 per court
| ||
|
Swimming facility
|
1 per 75 square feet of gross water area
| ||
|
Amusement center and arcade games
[Added 9-17-1996 by Ord. No. 96-12] |
1 per 200 square feet of gross floor area
| ||
|
Community centers, quasi-public clubs and social
and fraternal clubs
[Added 9-17-1996 by Ord. No. 96-12] |
1 per 2 persons allowed under maximum seating
capacity
| ||
|
Gymnasiums, health clubs and
|
1 per 100 square feet of gross
| ||
|
spas
[Added 9-17-1996 by Ord. No. 96-12] |
floor area
| ||
|
Skating rink
[Added 9-17-1996 by Ord. No. 96-12] |
1 per every 3 persons that the facility is designed
to accommodate
| ||
|
Golf driving range
[Added 3-17-1998 by Ord. No. 98-5] |
1.5 for each tee
| ||
|
Golf course
[Added 3-17-1998 by Ord. No. 98-5] |
6 spaces for each golf hole, plus one space
per each employee on the largest shift, plus 50% of the number of
spaces otherwise required for any accessory uses (e.g., bars, restaurants)
| ||
|
Farmers market
[Added 3-17-1998 by Ord. No. 98-5] |
4 spaces for each vendor, table or stall
| ||
|
Mixed use
| |||
|
In the case of mixed uses on one site (i.e.,
office/retail, manufacturing/warehouse, etc.), the total number of
spaces shall be calculated based on the spaces required independently
for each use. A reduction in the total amount of parking for principal
uses may be permitted to be shared based upon a peak demand parking
analysis.
[Amended 8-18-2009 by Ord. No. 2009-15] | |||
|
Banked parking
[Added 8-18-2009 by Ord. No. 2009-15] | |||
|
Banked parking may be permitted based upon a peak demand parking
analysis; however, the area devoted to parking must be made available
and reserved for possible later use.
| |||
An application for a building permit shall provide
documentation, as well as a statement by the applicant, that the intended
use will comply with the performance standards enumerated below. In
the case of a structure being built where the future use is not known,
a building permit may be issued with the condition that no certificate
of occupancy will be issued until such time as this documentation
is submitted with respect to the particular occupant.
A.
Buffers. Buffer areas are required along lot and street lines of all nonresidential lots where said lot lines or the adjacent streets or center lines thereof abut residential uses or residential zoning district lines. The width of the buffer area for each particular zoning district shall be as prescribed in Article III. Buffer areas shall be measured either perpendicularly to straight lot and street lines or radially to curved lot and street lines. Buffer areas shall be maintained and kept clear of all debris, rubbish, weeds and tall grass.[1] No structure, activity, storage or materials or parking
of vehicles shall be permitted in the buffer area, and all buffer
areas shall be planted and maintained with grass or ground cover,
together with a dense screen of trees, shrubs or other plant materials
meeting the following requirements:
(1)
Plant materials used in screen planting shall be at
least six feet in height when planted and shall be of such density
that all the glare of automobile headlights emitted from the premises
is obscured throughout the full course of the year. The plant materials
shall be of a species common to the area, shall be of nursery stock
and shall be free of insects and disease.
(2)
Buffer areas shall be permanently maintained, and
plant material which does not live shall be replaced within one year
or one growing season.
(3)
The screen planting shall be so placed that at maturity,
the plant material will be no closer than three feet from any street
or lot line.
(4)
The buffer area shall be not broken unless specifically
approved by the Land Use Board.
[Amended 3-20-2001 by Ord. No. 01-2]
B.
Electricity. Electric or electronic equipment shall
be shielded so there is no interference from the result of the operation
of such equipment with any radio or television reception at the lot
line or beyond the operator's dwelling unit in the case of multifamily
dwellings. Electronic equipment shall be in accordance with any applicable
Federal Communications Commission standards.
C.
Glare. There shall be no direct or sky-reflected glare
exceeding 0.1 footcandle measured at the property line of the lot
occupied by such use. This regulation shall not apply to lights used
at the entrance or exits of service drives.
[Amended 10-17-2006 by Ord. No. 2006-28]
D.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which would cause
the temperature to rise or fall in any part of ponds, streams or other
watercourses flowing beyond the lot lines.
F.
Odor. Odors shall not be discernible at the lot line
or beyond.
G.
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they may
be transferred off the lot by natural causes or forces other than
by sewer systems approved by the State of New Jersey, nor shall any
substance be deposited which can contaminate an underground aquifer
or otherwise render such underground aquifer undesirable as a source
of water supply or recreation or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored indoors and enclosed in appropriate containers
adequate to eliminate such hazards.
H.
Vibration. There shall be no vibration which is discernible
to the human sense of feeling beyond the immediate site on which such
use is located.
Unless otherwise specified for a particular
zoning district, no more than one principal structure shall be permitted
on one lot, except apartments and/or townhouse developments receiving
site plan approval in accordance with the provisions specified in
this chapter.
[Amended 2-18-1997 by Ord. No. 97-3; 9-19-2006 by Ord. No.
2006-24]
A.
General provisions. Signs may be used, erected, maintained,
altered, relocated, removed, or demolished only in compliance with
the provisions of this section and any and all ordinances and regulations
of the Township relating to the use, erection, maintenance, alteration,
moving, or removal of signs or similar devices.
(1)
Sign definition. Any announcement, declaration, demonstration,
display, illustration or insignia (including streamers, bunting, banners,
ribbons, inflatable devices, flags exclusive of the United States,
State of New Jersey and POW/MIA) which are used to advertise or promote
the interest of any person, product, or business when the same is
in places in view of the general public.
(2)
Application required. No sign shall hereafter be erected,
replaced or altered unless such sign conforms to the size, scope and
requirements of this chapter. Prior to erecting or altering any sign
permitted under this chapter, except on a lot whose principal building
is used as a residential dwelling, an application by the owner or
his authorized agent shall be made to the Zoning Officer and shall
contain such information as sketches, plans and data as may be required
by regulations of the Land Use Board to determine that such sign complies
with the requirements of this chapter. Such application shall be accompanied
by a fee in the amount of $10 to reimburse the Township for the cost
of processing such application. The sign permit shall be issued or
denied within 30 days of the date that the completed application is
submitted to the Zoning Officer.
B.
Permitted signs. The following signs are permitted for uses as specified in Article III of this chapter for the various zoning districts:
(1)
Permanent signs. All signs constructed with footings
for freestanding signs and/or affixed to buildings in an approved
manner.
(a)
Places of worship, schools, day-care centers,
early-learning centers, public purpose uses, libraries, museums and
art galleries, gymnasiums, reducing salons and funeral homes may have
one freestanding sign not exceeding 12 square feet in area and 10
feet in height and set back at least 25 feet from all street rights-of-way
and lot lines, plus one attached sign not exceeding 25 square feet
in area.
(b)
Golf courses, public utilities, recreational
facilities, riding academies, public playgrounds, conservation areas
and public parks, clubs and lodges, nursing homes, radio and television
stations and campgrounds may have one freestanding sign not exceeding
12 square feet in area and 10 feet in height and set back at least
25 feet from all street rights-of-way and lot lines.
(c)
Local retail and service activities, restaurants,
bars, taverns, banks, theaters, bowling alleys, roller- or ice-skating
rinks, automobile sales and car washes may have one sign for each
establishment displaying the name of the use, attached flat against
the front of the building if single-tenant structure, or facade of
rented space if multitenant structure, not exceeding an area equivalent
to 5% of the front of the building (if single-tenant structure or
5% of facade of rented space if multitenant structure), or 100 square
feet, whichever is smaller. Where the buildings are designed for rear
or side entrances, one unlighted sign may be attached flat against
the building at the rear side entrances, each sign not to exceed an
area equivalent to 1/2 that of the sign on the front of the building.
(d)
Office buildings, hotels and motels may have
one sign, either freestanding or attached to the building facade,
not exceeding an area equivalent to 5% of the first-floor portion
of the front facade or 150 square feet, whichever is smaller. Where
an individual office unit has direct access from the outside, a sign
not exceeding four square feet identifying the name of the office
may also be attached to the building at the office entrance. The freestanding
sign shall be set back at least 25% of the required setback.
(e)
Each shopping center may have one freestanding
sign along each arterial or collector road which the lot abuts, provided
that there exists at least 250 feet of unbroken street frontage. Such
sign shall not exceed a height of 25 feet, shall be set back from
any lot line a minimum of 100 feet and shall not exceed an area of
150 square feet.
[1]
Where uses share a common walkway, each use
served by the walkway may have one additional sign which shall be
attached flat against the building facade. No such sign shall exceed
10 square feet in area.
[2]
All signs in a shopping center shall conform
in character with all other signs in the complex and shall blend with
the overall architectural scheme of the shopping center.
(f)
Service stations may have:
[1]
One freestanding or pylon sign advertising the
name of the station or garage and for the principal products sold
on the premises, including any special company or brand name, insignia
or emblem, provided that the total of all sign messages shall not
exceed 30 square feet in area on one side and shall be hung within
five feet of the property line and not less than 10 feet nor more
than 20 feet above the ground.
[2]
One temporary sign located inside the property
line and specifically advertising special seasonal servicing of automobiles,
provided that said sign does not exceed seven square feet in area.
[3]
Directional signs or lettering displayed over
individual entrance doors or bays, consisting only of the words, "washing"
"lubrication," "repairs," "mechanic on duty" or other words closely
similar, provided that there shall be not more than one such sign
over each entrance or bay, the letters thereon shall not exceed 12
inches in height, and the total area of each such sign shall not exceed
six square feet.
[4]
Customary lettering on or other insignia which
are a structural part of a gasoline pump, consisting only of the brand
name of gasoline sold, a lead warning sign, a price indicator and
any other sign required by law and not exceeding a total of three
square feet on each pump; and, if illuminated, such signs shall be
nonflashing and shall not in any manner constitute a traffic hazard
with respect to adjacent streets or intersections.
[5]
A nonilluminated credit card sign not exceeding
two square feet in area, which may be placed on or near the gasoline
pump.
(g)
Industrial and manufacturing plants, wholesale
distribution centers and warehouses shall be permitted one sign not
larger than the equivalent of 5% of the area of the front wall of
the building or 100 square feet, whichever is smaller. If attached
to the building, the sign shall not be higher than the roofline; if
freestanding, the sign shall not exceed 10 feet in height and shall
be set back from all street rights-of-way and lot lines at least 30
feet and outside of all sight triangles.
(h)
Each industrial park may have one freestanding
sign along each arterial or collector road which the lot abuts, provided
that there exists at least 200 feet of unbroken frontage. Such sign
shall not exceed a height of 25 feet, shall be set back from the street
rights-of-way and driveways at least 30 feet, shall be set back from
any lot line a minimum of 50 feet and shall not exceed an area of
150 square feet.
(i)
Street signs.
[1]
All new and future replacement street signs
within the Township shall be made of and/or contain the following
materials, typeface, background and color:
[a]
Substrate material: 0.08-inch aluminum;
six inches high by not to exceed 36 inches long, with the actual length
to be consistent with the length of the street name, with one-inch
radius.
[b]
Background film: Engineer-grade
reflective white film with at least a seven-year life.
[c]
Text color: Engineer-grade reflective
white film with at least a seven-year life.
[d]
Logo color: Engineer-grade reflective
yellow film with at least a seven-year life.
[e]
Typeface: Highway Gothic condition.
[2]
A copy of the sign specifications, created by
Crossley Associates, 11 West Quarry Road, Belvidere, New Jersey, dated
December 3, 1996, is on file with the Washington Township Clerk.
(2)
Temporary signs. All signs that are not permanent.
Temporary signs are prohibited unless identified below.
[Amended 7-20-2010 by Ord. No. 10-07]
(a)
Real estate signs. One nonilluminated real estate
"for sale" or "for rent" sign located on the premises, not exceeding
six square feet in area; corner lots may have one such sign on each
street frontage. If not attached to the building, the sign shall be
set back 10 horizontal feet from all street lines. All signs shall
be removed at the expense of the advertiser immediately after listing
expires or 10 days after closing title. In the GC and HC Zones, real
estate signs shall be located on the property being advertised and
set back 10 horizontal feet from all street lines and may be a maximum
of 16 square feet in area.
(b)
Political signs. A sign designed to influence
action of voters for the passage or defeat of a measure, recall of
a candidate or the election of a candidate to a public office at a
national, state, or local election can be placed, provided that the
owner of the land on which the sign is placed agrees to such placement
and each candidate's office registers with the Township Zoning Officer
to provide a contact name, mailing address and person(s) responsible
for such signs.
[1]
Such signs are permitted if they are stationary,
unlighted, and temporary.
[2]
Such signs shall be displayed no earlier than
21 days prior to a voting day, and shall be removed within two days
after a voting day.
[3]
Such signs may not exceed six square feet in
area.
[4]
A maximum of one sign per lot, per position
or office, is permitted.
[5]
No such sign shall be attached to a utility
pole therein, or other unlawful placement.
[Amended 9-18-2007 by Ord. No. 2007-20]
[6]
No such sign shall be permitted to be posted
or displayed on any Township property.
(c)
Contractor signs. Temporary signs of contractors,
mechanics, painters and artisans, erected and maintained on the premises,
with the owner's permission, during the duration of the work only;
one sign, having an area of not more that six square feet, not illuminated
and must be located no less than five feet from the edge of a road
right-of-way. If more than one contractor is engaged at work at the
same time, only one sign is permitted.
(d)
Yard sale signs. Located on the property conducting
the sale, limited to the day of the sale; the size shall not exceed
six square feet, two signs per property. The signs shall be located
no less than five feet from the edge of a road right-of-way.
(e)
No-trespassing and private property signs. "No
Trespassing" signs and signs indicating private ownership of a property
or a road, and not exceeding one square foot in area, nor have a spacing
of less than 100 feet, nor be affixed to utility poles.
(f)
Window signs. Any sign which is painted or mounted
onto a window pane or which is hung directly inside the window with
the purpose or effect of identifying a message from the sidewalk or
street.
[1]
Window signs shall not exceed more than 25%
of the window area in which they are displayed.
[2]
Window signs are permitted in addition to all
permanent signs approved for the site. These signs can be ever changing.
Only properties located in the HC and GC Zones are permitted window
signs.
[3]
Signs located on the first floor windows only.
(g)
Painted wall signs. A permanent mural or message
painted directly onto a building surface. Signs of this type will
comply with the dimensional requirements of a permitted permanent
facade sign.
(h)
Address signs. Each property in the HC and GC
Zones is permitted one sign displaying the street number or name of
the occupant of the premises and hours of operation. This sign shall
be placed on the building facade and near the entry door of the business
and shall not exceed two square feet in area.
(i)
Community groups. School and nonprofit organizations
may post temporary signs advertising events, with the owner's permission,
two weeks prior to the event. Each sign cannot have an area of more
than six square feet, cannot be illuminated and must be located no
less than five feet from the edge of a road right-of-way. These signs
must be removed within two days after the date of the event.
(j)
Help wanted. Advertisement of permanent or temporary
employment may be erected and maintained on the employer's premises
during the duration of the vacancy only; one sign, having an area
of not more that six square feet, not illuminated and must be located
no less than five feet from the edge of a road right-of-way. If more
than one vacancy is advertised at the same time, only one sign is
permitted.
(k)
Personal event notice. Items listed in Subsection C(4) may be displayed on private residential properties to announce such events as birthdays or graduations, providing the items are removed within two days after the date of the event.
(l)
Business/Commercial located within the HC and GC Zones. Temporary
nonilluminated signs or banners advertising grand opening events or
special sales events shall be permitted under the following conditions.
[Added 7-20-2010 by Ord. No. 10-07]
[1]
Daily. Businesses located within the HC and GC zones are permitted
one daily temporary sign to be displayed during business hours in
the front yard area of the premises. In order to promote a desirable
visual environment through creative development techniques and good
civic design and arrangement, signs must be white in color and must
meet the attached specifications and/or schematic or must be an approved
equal. The sign shall be professionally painted and displayed as a
group sign, located outside of the road right-of-way. Multitenant
sites are permitted one daily leaner sidewalk sign per business, leaning
against the establishment it represents and not obstructing pedestrian
traffic in any way. Daily business signs must be maintained in good
condition and not allowed to become dilapidated.
[2]
Special events and/or anniversary. Temporary commercial banners
or professionally lettered signs not to exceed 32 square feet in size,
designed to advertise a special event specific to a single business
at the premises. Special event signs may be permitted up to six occasions
per year, in the same location for every event, using a reusable footing
and/or pylon in an approved manner. Only one such special event per
premises shall be permitted at any one time. (This will not apply
to shopping centers and multitenant sites). Any such sign or banner
permitted hereunder shall not be displayed for a period in excess
of 14 consecutive days. During the same 14 consecutive days when a
temporary commercial banner or professionally lettered sign is displayed,
once a calendar year, under this provision either one trademark inflatable,
one trademark pennant or one trademark balloon, not to exceed 20 feet
by 20 feet in size, may be displayed one day before an event, during
the event, and one day after the event. Whenever a special event sign
is displayed, a daily sign is not permitted at the same time.
[a]
Commercial banner or professionally lettered type
signs under this provision must be securely affixed using a reusable
footing and/or pylon in an approved manner to posts securely embedded
in the ground at a height not to exceed eight feet from the grade.
Posts shall be removed when a banner is not displayed.
[b]
Prompt removal of temporary signs/banners upon expiration of time frame as stipulated above shall be a condition of approval. Failure to remove a sign by expiration as specified above shall be subject to fines and penalties in Subsection E, Fines and penalties, and/or result in termination of remainder of yearly permits and/or approval of any future sign permits.
[3]
Grand opening events/going-out-of-business. One sign or banner not exceeding 32 square feet designed to advertise a grand opening celebration or going out of business may be erected on a commercial premises (including both single and multitenant sites) subject to said grand opening or going out of business for a period of 14 days in total (two weeks). In the case of a grand opening, seven days prior to said grand opening and for seven days after said grand opening; and further provided that said commercial premises is otherwise operating in accordance with a valid site plan pursuant to Chapter 64 of the Code of Washington Township and/or a valid zoning clearance issued by the Municipal Zoning Officer. Under this provision of a grand opening event, along with the one grand opening sign or banner, either one trademark inflatable, one trademark pennant or one trademark balloon is permitted at the same time and duration. In the case of a going out of business event one sign or banner, under this provision, is permitted for a period of 14 days and must be taken down and removed on the last day of operation of said business.
[a]
Banner-type signs must be securely affixed to removable
posts securely embedded in the ground at a height not to exceed eight
feet from the grade.
[b]
Prompt removal of temporary signs/banners upon expiration of permit shall be a condition of approval. Failure to remove a sign by expiration as specified above shall be subject to fines and penalties in Subsection E, Fines and penalties, and/or result in termination of remainder of yearly permits and/or approval of any future sign permits.
[4]
Seasonal farm stands. Agricultural business selling seasonal
locally produced, produce/products, during that products time of growing
locally (i.e., vegetables/Christmas trees).
[a]
Seasonal farm stands shall be allowed one on-site daily sign and one sign or banner not exceeding 32 square feet as permitted in Subsection B(2)(l)[1] above and must comply with all the rules and regulations stipulated therein. In addition to the one on-site daily sign permitted in Subsection B(2)(l)[1] above, this seasonal farm stand provision will be allowed one off-site sign or banner not exceeding 32 square feet. In both cases of on-site and off-site, both the required fee and permission of property owner authorizing sign(s) to be placed on property is required pursuant to Subsection B(2)(l)[5] below of this section.
[5]
Application required. No sign shall hereafter be erected, replaced or altered unless such sign conforms to the size, scope and requirements of this chapter. Prior to erecting or altering any sign permitted under this chapter a completed application, by the business owner or his authorized agent, shall be submitted to the Finance Department on a Township sign permit application with the required annual fee of $20. The Zoning Officer, Township Administrator and/or Manager of the Department of Public Works and/or their delegates shall be authorized to approve and/or reject the application and/or have full discretion to reject the type of sign, the condition of the sign if he/she deems the sign is not maintained in good condition, the placement of sign and/or enforcement of any provision of this section. The Zoning Officer shall have final authority on all applications. The application shall contain such information as sketches, plans and data as may be required by regulations of this section to determine that such sign and placement thereof complies with the requirements of this chapter. Such application shall be accompanied by an annual fee in the amount of $20 to reimburse the Township for the cost of processing such application. The sign application fee shall be waived for all nonprofit or charitable organizations upon proof of status of the same. However, all the other rules and requirements of this chapter shall apply to all nonprofit or charitable organizations as well as consent of the property owner on which the sign(s) are to be placed if the nonprofit or charitable organization is not the property owner. The sign permit shall be issued or denied within 10 days of the date that the completed application and fee is submitted to the Finance Department. Any violations of this section shall be enforced in accordance with Subsection E, Fines and penalties, of the sign ordinance.
[a]
A-frame, stand-alone and leaner portable signs
must be white in color and must be made of plastic that is made for
outdoor use. The sign must have a solid plastic face that is graphic
acceptable and/or have the ability to add your own self-adhesive graphics
to the frame which are not to exceed an area greater than nine square
feet. All approved signs must have the Township issued sticker in
the upper right hand corner.
[6]
Hold harmless. All signs, banners, and displays referred to in § 123-24B(2)(l) of the Code of the Township of Washington shall be placed in a manner that does not block site triangles or egress from the premises. Business owner accepts full liability for property placement of the signs, banners, and displays and holds the Township harmless in any action resulting from its placement.
C.
Prohibited signs.
[Amended 7-20-2010 by Ord. No. 10-07]
(1)
No billboards shall be erected.
(2)
No sign of any type shall be permitted to obstruct driving vision, traffic directional and identification signs, other places of business or other signs or windows of the building on which it is located, except as in Subsection B(2)(f), window signs.
(3)
No signs shall be attached to fence posts, stumps, utility poles
or other signs, but shall be freestanding or attached to buildings
in an approved manner. No sign shall be placed in the road right-of-way.
(4)
Illuminated or flashing signs, signs containing moving text, and
signs containing reflective elements which sparkle or twinkle in the
sunlight are prohibited. Signs indicating the current time and/or
temperature are permitted, provided they meet all other provisions
of this section.
(5)
Any sign advertising or identifying a business or organization which
is either defunct or no longer located on the premises is not permitted.
(6)
No sign, except for a traffic, regulatory, or information sign, shall
use the words "stop," "caution," or "danger" or shall incorporate
red, amber or green lights resembling traffic signals, or shall resemble
"stop" or "yield" signs in shape or color.
(7)
No sign shall be erected or maintained at the intersection of streets
or at a driveway entrance or exit so as to obstruct free and clear
vision.
(8)
No sign other than official street signs shall be erected or maintained
within the ultimate right-of-way of any Township street unless specifically
authorized by the Township Committee.
(9)
No sign shall be placed on roofs of buildings.
(10)
No sign shall be exhibited which is mounted on wheels or movable
vehicles.
D.
Additional provisions.
(1)
Height. No freestanding or attached sign shall be higher at any point than the roofline of any building on the same lot, except that no sign shall exceed any lesser height if particularly specified in Article III. In addition, no sign shall project into or hang over a street right-of-way, and no sign shall project beyond a building in a manner placing it above an area traversed by motor vehicles such as, but not limited to, driveways and parking areas. Where signs project beyond a building facade or wall over a pedestrian way, the lowest portion of the sign shall be at least eight feet above the walkway.
(2)
Illuminated signs. Illuminated signs shall be so arranged as to reflect the light and glare away from adjoining lots and away from adjoining streets. No sign with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location where it may be confused with a railroad, traffic control or emergency signal. Illuminated signs shall comply with the National Electric Code (see § 123-19 for additional standards).
(3)
Maintenance. Signs must be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
(4)
Sign area. Sign area shall be measured around the
outside edges of a framed or enclosed sign or by the area utilized
by isolated words and/or symbols, including the background, whether
open or enclosed, but said area shall not include any supporting framework
and bracing incidental to the display itself.
(5)
Line of sight. Sign and sign structures of all types
shall be located to allow a clear, unobstructed line of sight for
300 feet from the stop line of any intersection of streets and/or
driveways.
(6)
Two-exposure signs. Signs with two exposures shall
be measured for area by using the surface area of one side of the
sign only. Both sides may be used.
A.
No building permit shall be issued for any proposed
structure, nor shall a zoning permit be issued for a change in principal
use of a structure, except that for other than in a cluster single-family
residential development, until the site plan has been reviewed and
approved by the Land Use Board. No site plan approval shall be required
for a detached dwelling unit or where, as determined by the Building
Inspector, no new building or destruction or expansion of an existing
building and no change in the principal use of a building is involved.
The Board shall review the proposal, determine whether or not the
applicable standards provided by this chapter have been observed,
note objections to such parts of the plans as do not meet the standards,
make corrections and recommendations for desired changes to effect
compliance with the chapter and be satisfied that the site plan represents
a desirable alternative for development of the site in compliance
with the chapter and, when satisfied that the site plan complies with
the requirements of this chapter, shall approve the site plan.
[Amended 3-20-2001 by Ord. No. 01-2]
B.
Site plan review and approval shall be obtained as set forth in § 64-13 of the Township Code of the Township of Washington.
[Amended 12-28-1989 by Ord. No. 89-15]
C.
All applications for site plan review and approval and all submissions therefor shall be in accordance with the applications and checklists as set forth in § 64-7.1 of the Township Code of the Township of Washington.
[Amended 12-28-1989 by Ord. No. 89-15]
D.
Each site plan submitted to the Land Use Board for
approval shall have the following information shown thereon or be
annexed thereto:
[Amended 3-20-2001 by Ord. No. 01-2]
(1)
Size, height, location and arrangement of all existing
and proposed buildings, structures and signs in accordance with the
requirements of this chapter, including an architect's rendering of
each building or a typical building and a sign showing front, side
and rear elevations and the proposed use of all structures. Such plans
shall indicate those structure(s) to remain, the building design(s)
and material(s) to be used, the proposed use(s) and the floor plan(s).
(2)
Proposed circulation plans including accessways, curbs,
aisles and lanes, easements, fire lanes, driveways, parking spaces
and areas, loading spaces and areas, loading berths or docks, pedestrian
walks and all related facilities for the movement and storage of goods,
vehicles and persons on the site in accordance with applicable requirements
of this chapter, the location of lights, lighting standards and signs
and driveways within the lot and within 100 feet of the tract. Sidewalks
shall be provided from the primary building entrances and exits along
expected paths of pedestrian travel such as, but not limited to, access
to parking lots, driveways, other buildings on the site and across
common yard spaces between buildings where pedestrian traffic can
be expected to be concentrated. Plans shall be accompanied by cross
sections of streets, aisles, lanes and driveways which shall adhere
to applicable requirements of this chapter and applicable design standards
in the Subdivision Ordinance.[1]
(3)
Existing and proposed wooded areas, buffer areas and
landscaping shall be shown on a plan. The landscaping plan, including
seeded and/or sodded areas, grading retaining walls, fencing, signs,
recreation areas, shrubbery, trees and buffer areas shall be in accordance
with applicable requirements of this chapter and applicable design
standards in the Subdivision Ordinance. These plans shall show the
location and type of any man-made improvements and the
location, species and caliper of plant material for all planted or
landscaped areas.
(4)
The proposed location of all drainage, sewage and
water facilities with proposed grades, sizes, capacities and types
of materials to be used, including any drainage easements acquired
or required across adjoining properties. The method of sewage and
waste disposal and waste incineration, if any, shall be shown, and
percolation tests from sufficient locations on the site to allow a
determination of adequacy by the Township Board of Health shall be
included where on-site sewage disposal facilities are permitted and
are proposed.[2] Such plans shall be reviewed by the Township Engineer with recommendations to the Land Use Board. Proposed lighting facilities and information shall be included in accordance with § 123-19, Lighting, in addition to showing the direction and reflection of the lighting. All utilities shall be installed underground, with the exception of high voltage applications of 600 volts or over.
[Amended 10-17-2006 by Ord. No. 2006-28]
(5)
A written description of the proposed operations of
the building(s) including the number of employees or members of nonresidential
buildings; the proposed number of shifts to be worked and the maximum
number of employees on each shift; expected truck and tractor trailer
traffic; emission of noise, glare, air and water pollution; safety
hazards; and anticipated expansion plans incorporated in the building
design.
(6)
An approved soil erosion and sedimentation control
plan shall be submitted with the site plan. Approval shall be by the
Warren County Soil Conservation District.
A.
No vehicle having a gross weight in excess of 7,500
pounds shall be parked overnight in the MR, VR, R-40, R-20, R-10 or
R-3 Zone. Notwithstanding the foregoing, one vehicle having a gross
weight in excess of 7,500 pounds may be parked overnight in any of
said zone except the R-3 Zone, provided that said vehicle is not parked
out of doors.
[Amended 9-19-1995 by Ord. No. 95-31; 10-17-1995 by Ord. No. 95-33; 12-18-2001 by Ord. No.
01-16]
D.
No more than one commercial vehicle for hire, livery
or vehicle of whatever nature and irrespective of weight shall be
parked overnight out of doors in the MR, VR, R-3, R-40, R-20 or R-10
Zone.
[Added 3-8-1989 by Ord. No. 89-4; amended 10-17-1995 by Ord. No. 95-33; 12-18-2001 by Ord. No.
01-16]
A.
No open space provided around any principal building
for the purposes of complying with the front, side, rear or other
yard provisions of this chapter shall be considered as providing the
yard provisions for any other principal building.
B.
Any structure located on a corner lot shall be set
back from both streets at least the required front yard distance.
[Added 8-10-1977]
Circuses, carnivals, fairs and similar public
exhibitions shall be permitted in any zone within the Township of
Washington, provided that the person, firm, association or other sponsoring
party has first obtained a license therefor in accordance herewith
from the Township Committee of the Township of Washington.
A.
A written application for a license as required by
this section shall be made to the Township Clerk, which application
shall contain the following information:
(1)
Name and address of the applicant, who shall be the
licensee.
(2)
The date or dates and hours during which the exhibit
or other activity will be held or conducted.
(3)
A description of the exhibition to be licensed.
(4)
The location of the land upon which the exhibition
is to be held or conducted.
(5)
The names and addresses of all concessionaires, if
any.
(6)
A description of off-street parking and sanitary facilities
which will be available for use on the licensed premises at the time
such exhibition or other activity is to be conducted.
(7)
A certification, accompanied by appropriate evidence,
that the applicant has made provision for adequate public liability
insurance and also for workmen's compensation insurance pursuant to
N.J.S.A. 40:52-1.1 and any supplements or amendments thereof and any
other applicable statutes of the State of New Jersey.
B.
Investigation. The Township Clerk shall cause to be
made an investigation of each application to determine the business
responsibility and moral character of the applicant and his employees
and concessionaires, if any, and to determine the ability of the applicant
to properly conduct the licensed activity in a safe manner with due
regard for protection of the public. The investigation shall also
determine if there is adequate off-street parking and sanitary facilities
for use and whether the activity to be licensed can be conducted without
undue interference with vehicular or pedestrian traffic and without
endangering public health or safety.
C.
Report of investigation; issuance of license. The
report of the investigation required under this section shall be made
forthwith to the Township Committee, which shall thereafter approve
or disapprove the application within a reasonable time. Upon approval
of the application by the Township Committee and the payment of the
required license fee, the Township Clerk shall thereupon issue the
license, which shall be valid only on the date or dates and during
the hours set forth in the application.
D.
Fee; exempt organizations. The fee for any license
issued under this section shall be $25 for each day that the activity
is to be conducted. Religious, charitable, fraternal and similar nonprofit
organizations conducting activities licensed under this section in
order to raise money for charity or some other public purpose or for
the entertainment or recreation of the residents of this Township
shall not be required to pay any fee, but such organizations shall
comply with all other provisions of this section.
E.
License nontransferable. Any license issued hereunder
shall not be transferable to any other person or from place to place.
F.
Revocation of license. Any license issued hereunder
may be revoked by the Township Committee after reasonable notice and
hearing for any fraud, misrepresentation or dishonesty in the application
or in the conduct of the licensed activity or for a violation of any
of the provisions of this section or for the conduct by the licensee
or his agents, employees and concessionaires in an unlawful manner
or in any manner that constitutes a breach of the peace or a menace
to public health, safety or general welfare.
[Added 9-15-1992 by Ord. No. 92-11]
The use of incinerator ash or incinerator ash
conglomerate as a paving material is prohibited on any road, street
or other paved area within the Township of Washington.
[Added 4-20-1998 by Ord. No. 98-9; amended 7-21-1998 by Ord. No. 98-15]
A.
Purpose. The purpose of this section is to set forth
terms and conditions for the siting of wireless communications towers
and antennas within the geographic boundaries of Washington Township.
The goals of this section are to protect residential areas and land
uses from potential adverse impacts of towers and antennas; encourage
the location of towers in specific areas within the Township; minimize
the total number of towers throughout the Township; strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; encourage
users of towers and antennas to locate them, to the greatest extent
possible, in areas where the adverse impact on the community is minimal;
encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques; enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently; consider the public health and safety of communication
towers; and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
In furtherance of these goals, the Township of Washington shall give
due consideration to the Township of Washington's Master Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas. This section further
seeks to comply with the mandate of the Federal Telecommunications
Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local
government authority to manage with respect to cellular and other
wireless telecommunications services, to enforce zoning requirements
that protect public safety, public and private property and community
aesthetics. This section expressly recognizes that the proposed site
must be particularly suited (or suitable) for the proposed facility.
B.
ANTENNA
APPROVING AUTHORITY
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
STEALTH TOWER STRUCTURE
TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The Land Use Board with respect to conditional use permits;
the Land Use Board with respect to variance requests pursuant to N.J.S.A.
40:55D-70d(1), (3) and/or (6); and/or the Zoning Officer for permitted
uses with respect to this section and applicable state and federal
law.
[Amended 10-20-1998 by Ord. No. 98-23; 3-20-2001 by Ord. No. 01-2]
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.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the lowest finished grade of the base of the tower to
the highest point on the tower or other structure, including the base
pad and any antenna.
Any tower or antenna for which a construction permit or other 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, and including any tower or antenna that is presently a permitted use pursuant to Subsection E(2)(a) on property owned, leased or otherwise controlled by the Township of Washington.
Man-made trees, clock towers, bell steeples, light poles
and other similar alternative-design mounting structures that camouflage
and/or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self supporting
lattice towers, guyed towers or monopole towers. Guyed towers are
not permitted within the Township. The term includes but is not limited
to radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term also includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive only
antennas. This section shall not govern any tower, or the installation
of any antenna, that is under 70 feet in height and is owned and operated
by a federally-licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections D(5) and (6), absent any enlargement or structural modification or the addition of any structures and per the definition in Subsection B herein.
(4)
Satellite dish antennas. This section shall
not govern any parabolic satellite antennas.
D.
General requirements.
(1)
Principal or accessory use. Antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other land use regulation of the Township, a different existing
structure on the same lot shall not preclude the installation of an
antenna or tower on such lot. If a tower and its appurtenant structures
constitute the sole use of the lot, the tower shall be deemed to be
the principal use. If a tower and its appurtenant structures are not
the sole use of the lot, the tower shall be deemed an accessory use.
(2)
Lot size. For purposes of determining whether
the installation of a tower or antenna complies with zone development
regulations, including but not limited to setback requirements, lot
coverage requirements and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(3)
Inventory of existing sites. Each applicant
for an antenna and/or tower shall provide, to the approving authority
an inventory of all existing towers (both those controlled by the
appellant as well as their competitors), antennas or sites approved
for towers or antennas that are either within the jurisdiction of
the Township of Washington or within 12 miles of any border of the
Township thereof, including specific information about the location,
height and design of each tower. The Zoning Officer may share such
information with other applicants applying for administrative approvals
or permits under this section or other organizations seeking to locate
antennas within the jurisdiction of the Township of Washington; provided,
however, that the Zoning Officer is not, by sharing such information,
in any way representing or warranting that such sites are available
and/or suitable.
(4)
Aesthetics. Towers and antennas shall meet the
following requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA or the Township,
be painted a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening and landscaping that will blend them into
the natural setting and surrounding buildings and shall be located
out of public view (visible from a public street, public land and
public buildings) behind existing structures, buildings or terrain
features which will shield the buildings and related structure from
view.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lit,
unless required by the FAA. It is the intent of the Township that
towers shall not exceed FAA height standards that would require lighting.
If lighting is required, the lighting alternatives and design chosen
and approved by the approving authority must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must
meet or exceed current standards and regulations of the FAA, the FCC
and any other agency of the state or federal government with the authority
to regulate towers and antennas. If such standards and regulations
are changed, then the owners of the towers and antennas governed by
this section shall bring such towers and antennas into compliance
with such revised standards and regulations within six months of the
effective date of such standards and regulations, unless a different
compliance schedule is mandated by the controlling state or federal
agency. Failure to bring towers and antennas into compliance with
such revised standards and regulations shall constitute grounds for
the immediate removal of the tower or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure
the structural integrity of towers, the owner of a tower shall ensure
that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers
that are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Township of Washington
concludes that a tower fails to comply with such codes and standards
and constitutes a danger to persons or property, then, upon notice
being provided to the owner of the tower, the owner shall have 30
calendar days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 calendar
days shall constitute grounds for the immediate removal of the tower
or antenna at the owner's expense.
(8)
Not essential services or inherently beneficial
uses. Towers and antennas shall be regulated and permitted pursuant
to this section and shall not be regulated or permitted as inherently
beneficial uses, essential services, public utilities or private utilities.
(9)
Franchises. Owners and/or operators of towers
or antennas shall certify that all franchises required by law for
the construction and/or operation of a wireless communication system
in the Township of Washington have been obtained and shall file a
copy of all required franchises with the Zoning Officer.
(10)
Public notice. For purposes of this section, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection F, Table 1, in addition to any notice otherwise required by the Washington Township Code or applicable state/federal law.
(11)
Signs. No signs shall be allowed on an antenna
or tower.
(12)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(13)
Multiple antenna/tower plan. The Township of
Washington encourages and mandates the users of towers and antennas
to collocate antennas where technically, practically and economically
feasible. Applications for approval of collocation sites shall be
given priority in the review process.
E.
Permitted uses.
(1)
General. The uses listed in this subsection
are deemed to be permitted uses and shall not require a conditional
use permit or variance application.
(2)
Permitted uses enumerated. The following uses
are specifically permitted:
(a)
Antennas or towers located on property owned,
leased or otherwise controlled by the Township of Washington, provided
that a license or lease authorizing such antenna or tower has been
approved by the Township of Washington. However, the Township may,
as a condition of such lease, require site plan approval. The decision
to extend such leases to an applicant shall be vested solely with
the Township, shall not be governed by this section and shall be subject
to the bidding requirements of the Local Public Contracts Law of the
State of New Jersey.[1] The Township, in its absolute discretion, reserves the
express right to deny any and/or all use of its property for antennas
or towers.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(b)
Any antenna which is not attached to a tower
may be attached to any existing business, industrial, office or institutional
structure located in the GC District, provided that:
[1]
The antenna does not exceed 10
feet more than the maximum building height for the zone wherein the
structure is located.
[2]
The antenna complies with all applicable
FCC and FAA regulations.
[3]
The antenna complies with all applicable
building codes.
[4]
The antenna complies with Subsection
F(2)(e), including designs, materials, placement or reinforced plastic
panels.
F.
Conditional use permits and variance applications.
(1)
List of conditional uses. The following uses
may be approved by the applicable approving authority as conditional
uses:
(a)
Antennas on existing towers consistent with
the terms below. An antenna may be attached to an existing tower in
the GC District only and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, collocation of antennas
by more than one carrier on existing towers shall take precedence
over the construction of new towers, provided that such collocation
is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed
to accommodate the collocation of an additional antenna shall be of
the same tower type as the existing tower unless the approving authority
allows reconstruction as a monopole.
[2]
Height.
[a]
An existing tower may be modified
or rebuilt to a taller height not to exceed the maximum tower height
established by this section.
[b]
The height change referred to in
Subsection F(1)(a)[2][a] may only occur one time per each additional
user of the tower, up to a maximum of three times per tower.
(b)
New towers. New towers may be constructed to
hold antennas. In addition to any information required for applications
for conditional use permits pursuant to applicable Township Code provisions
and state law, applicants for a conditional use permit or a variance
for a tower shall submit the following information to the approving
authority:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities) and all properties within the applicable separation distances set forth in Subsection F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
[2]
Legal description of the entire
tract and leased parcel (if applicable).
[3]
The setback distance between the
proposed tower and the nearest residential unit, platted residentially
zoned properties and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific
landscape materials, including but not limited to species type, size,
spacing and existing vegetation to be removed or retained.
[6]
Method of fencing and finished
color and, if applicable, the method of camouflage.
[8]
A notarized statement by the applicant
as to whether construction of the tower will accommodate collocation
of additional antennas for future users.
[9]
Identification of the entities
providing the backhaul network for the tower(s) described in the application
and other cellular sites owned or operated by the applicant in the
Township.
[10]
A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[11]
A description of the feasible
locations of future towers or antennas for the applicant within the
Township of Washington based upon existing physical, engineering,
technological or geographical limitations in the event that the proposed
tower is erected.
[12]
A visual study depicting where
within a one-mile radius any portion of the proposed tower could be
seen.
[13]
A letter of commitment to lease
excess space to other potential users at prevailing market rates and
conditions. The letter of commitment shall be in form suitable for
recording with the County Clerk prior to the issuance of any permit
and shall commit the tower owner(s), property owner(s) and their successors
in interest.
[14]
Documentary evidence regarding
the need for the tower, which information shall identify the existing
wireless network layout and existing coverage areas to demonstrate
the need for the new tower at a particular location within the Township.
The evidence shall include a radio frequency engineering analysis
of the search area for the tower.
(2)
Factors considered in granting conditional use
permits or variances for towers.
(a)
In addition to any standards for consideration
of the applicable provisions of the Washington Township Code and state/federal
law, conditional use permit applications pursuant to the approving
authority shall consider the following factors in determining whether
to grant a variance or to issue a conditional use permit:
[1]
Height of the proposed tower.
[2]
Proximity of the tower to residential
structures and residential district boundaries.
[3]
Nature of uses on adjacent and
nearby properties.
[4]
Surrounding topography.
[5]
Surrounding tree coverage and foliage.
[6]
Design of the tower, with particular
reference to design characteristics that have the effect of reducing
or eliminating visual obtrusiveness.
[7]
Proposed ingress and egress.
[8]
Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures, as discussed in Subsection F(3) of this section.
[9]
Availability of proposed tower
to other potential users.
[10]
All relevant criteria as set forth
by the New Jersey Supreme Court in Smart SMR of New York, Inc. v.
Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), whether
the proposed site is particularly suited (or suitable) for the proposed
facility.
(3)
Availability of suitable existing towers, other
structures or alternative technology. No new tower shall be permitted
unless the applicant demonstrates to the reasonable satisfaction of
the approving authority that no existing tower structure or alternative
technology that does not require the use of towers or structures can
accommodate the applicant's proposed antenna. An applicant shall submit
information requested by the approving authority related to the availability
of suitable existing towers, stealth tower structures, other structures
or alternative technology. Evidence submitted to demonstrate that
no existing tower structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located
within the geographic area which meet the applicant's engineering
requirements.
(b)
Existing towers or structures are not of sufficient
height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient
structural strength to support the applicant's proposed antenna and
related equipment.
(d)
The applicant's proposed antenna would cause
electromagnetic interference with the antenna on the existing towers
or structures, or the antenna on the existing towers or structures
would cause interference with the applicant's proposed antenna.
(e)
The fees, costs or contractual provisions required
by the owner in order to share an existing tower or structure or to
adapt an existing tower or structure for sharing are unreasonable.
Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(4)
Setbacks. The following setback requirements
shall apply to all towers for which a variance or conditional use
permit is required:
(a)
Towers must be set back a distance equal to
at least 120% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings.
(b)
Accessory buildings must satisfy the minimum
zoning district setback requirements.
(c)
No tower shall exist within required buffer
or conservation easement areas if adjacent to residential zones and
as prescribed under local ordinance.
(5)
Separation. The following separation requirements
shall apply to all towers and antennas for which a variance or conditional
use permit is required:
(a)
Separation from off-site uses/designated areas.
[1]
Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided
in Table 1.
[2]
Separation requirements for towers
shall comply with the minimum standards established in Table 1 below:
|
TABLE 1
| ||
|---|---|---|
|
Base of Tower to Off-Site Use/Designated
Area
|
Separation Distance
| |
|
Residential, municipal buildings (unless the
tower is on the municipal building site), libraries and/or houses
of worship
[Amended 10-20-1998 by Ord. No. 98-23] |
300 feet of 300% of the height of the tower,
whichever is greater
| |
|
Vacant residentially zoned land
|
300 feet or 300% of the height of the tower,
whichever is greater
| |
|
Nonresidentially zoned lands or nonresidential
uses
|
At least 120% of the height of the tower from
any adjoining lot line and all nonappurtenant buildings
| |
|
Public parks and buildings therein, public or
private schools and any site designated on the state and/or Federal
Register of Historic Sites
|
1,750 feet
| |
(b)
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed/tower. The separation distances (listed
in linear feet) shall be as shown in Table 2 below:
|
TABLE 2
| ||||
|---|---|---|---|---|
|
Separation Distances Between Towers
| ||||
|
Type
|
Lattice
|
Monopole 100 Feet or Greater in Height
|
Monopole Less Than 100 Feet in Height
| |
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole less than 100 feet
|
750
|
750
|
750
| |
(6)
Security fencing. Towers shall be enclosed by
security fencing not less than eight feet in height and shall also
be equipped with an appropriate anti-climbing measure.
(7)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a conditional
use permit is required:
(a)
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from property used for residences or planned residences
or any other area frequented by the public. The standard buffer shall
consist of a landscaped strip at least 10 feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
(b)
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
at the sole discretion of the approving authority.
[Amended 10-20-1998 by Ord. No. 98-23]
(c)
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers sited on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
(9)
Lot size. In addition to the requirements of Subsection D(2), the minimum lot size for any new tower shall be as required for any development in the zone district in which the proposed tower is to be located.
(10)
General requirements. The following provisions
shall govern the issuance of conditional use permits or variances
for towers or antennas by the approving authority:
(a)
If the tower or antenna is not a permitted use under Subsection E of this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or within the zoning districts designated for a tower or antenna within Washington Township.
(c)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(d)
An applicant for a variance or conditional use
permit shall submit the information described in this subsection and
a nonrefundable application fee and an escrow deposit as follows:
|
Application Charge
|
plus
|
Escrow Account
| ||
|---|---|---|---|---|
|
If no new tower is proposed
|
$1,000
|
$2,000
| ||
|
If a new tower is proposed
|
$5,000
|
$5,000
|
(e)
Locating a tower or antenna, including the placement
of additional buildings or other supporting equipment used in connection
with said tower or antenna, are permitted as conditional uses only
in the following zoning district within Washington Township: GC Zoning
District.
(f)
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Township of Washington and subject to the provisions of Subsection E(2).
(g)
The application fee and escrows shall be paid
as required herein.
G.
Buildings or other equipment storage.
(1)
The equipment, cabinet or structure used in
accordance with antennas shall comply with the criteria listed below.
For antennas mounted on structures or on rooftops, the criteria are
as follows:
[Amended 10-20-1998 by Ord. No. 98-23]
(a)
The cabinet or structure shall not contain more
than 200 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
48 feet in height, the related unmanned equipment structure shall
be located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable building codes.
(2)
For antennas located on towers, the related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height and shall
be located in accordance with the minimum accessory structure requirements
of the zoning district in which located.
(3)
Structures or cabinets shall be landscaped with
a buffer of plant materials that effectively screen the view of all
properties which abut or are directly across the street from the structures
or cabinet and shall consist of a landscaped strip of at least 10
feet wide outside the perimeter. However, at a minimum, the structure
or cabinet shall be shielded from public view by evergreen trees at
least eight feet high at planting and planted in staggered double
rows of 15 feet on center.
[Amended 10-20-1998 by Ord. No. 98-23]
H.
Removal of abandoned antennas and towers. Any antenna
or tower that is not operated for a continuous period of six months
shall be considered abandoned and the owner of such antenna or tower
shall remove the same within 90 calendar days of receipt of notice
from the Township of Washington notifying the owner of such abandonment.
Failure to remove an abandoned antenna or tower within said 90 calendar
days shall be grounds for the Township to require removal of the tower
or antenna at the owner's expense. If there are two or more users
of a single tower, then this provision shall not become effective
until all users cease using the tower. The Township shall condition
the issuance of any permit to construct a tower or antenna on the
posting of an appropriate performance bond or other suitable guaranty
in a face amount of not less than 120% of the cost to remove the tower
and restore the property as determined by the Township Engineer for
such construction as required under all applicable Township ordinances.
I.
Existing towers. Rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed to the extent that the nonconforming provisions no longer apply under law may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection F. The type, height and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 calendar days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.
[Added 9-15-1998 by Ord. No. 98-20]
The use of a helipad as an accessory use on
any property within any zone in the Township of Washington is hereby
prohibited.
