[Amended 12-10-2001 by Ord. No. 2001-12]
The following uses may be permitted, provided that a conditional use permit is obtained from the Land Use Planning Board under the terms and specifications herein. Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be or become inimical to the public health, safety and general welfare of the community if located without consideration to the existing conditions and surroundings, the following standards and proceedings are hereby established, which are intended to provide the Land Use Planning Board with a guide for the purpose of reviewing certain uses not otherwise permitted in this chapter. The Land Use Planning Board shall review and administer applications for the following uses according to procedures spelled out for the Land Use Planning Board under § 540-79 of this chapter.
[Amended 12-10-2001 by Ord. No. 2001-12]
Public utility uses, such as dial equipment centers and substations,
but no service or storage yards, may be permitted in any zone district
with a conditional use permit. No conditional use permit shall be
issued unless the Land Use Planning Board shall determine that:
A.
The proposed installation in a specific location is necessary and
convenient for the efficiency of the public utility system or the
satisfactory and convenient provision of service by the utility to
the neighborhood or area in which the particular use is to be located.
B.
The design of any building in connection with such facility conforms
to the general character of the area and will not adversely affect
the safe and comfortable enjoyment of property rights of the zone
in which it is located.
C.
Adequate and attractive fences and other safety devices will be provided.
D.
A buffer strip 10 feet in width and screening are provided and will be periodically maintained as specified in § 540-54 of this chapter.
E.
Adequate off-street parking will be provided.
F.
All of the area, yard and building coverage requirements of the respective
zone will be met.
[Amended 5-29-1973 by Ord. No. 1973-3; 3-8-1999 by Ord. No.
1999-03; 12-10-2001 by Ord. No. 2001-12; 5-12-2003 by Ord. No.
2003-05; 11-10-2008 by Ord. No. 2008-14]
Motor vehicle service stations may be permitted in the CH Commercial
Highway District, provided that the standards contained in this section
are observed.
A.
In addition to the information required in the zoning permit application, as spelled out in § 540-82 of this chapter, the site plan shall also show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
C.
Public garages shall conform to the area and yard requirements for
motor vehicle service stations in the appropriate district.
D.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
E.
Any repair of motor vehicles shall be performed in an enclosed building,
and no motor vehicle shall be offered for sale on the site. No motor
vehicle parts or partially dismantled motor vehicles shall be stored
outside of an enclosed building.
F.
No vehicles shall be permitted to stand or park on the premises of
a motor vehicle service station other than those used by the employees
in the indirect or direct operation of the establishment.
G.
Accessory goods for sale may be displayed on the pump island and
the building island only. The outdoor display of oil cans and/or antifreeze
and similar products may be displayed on the respective island if
provided for in a suitable stand or rack.
H.
No motor vehicle service station or public garage shall be located
within 500 feet of any public entrance to a church, school, library,
hospital, charitable institution or place of public assembly. Such
distance shall be measured in a straight line from said public entrance
to the lot line nearest said entrance along the street line.
J.
Where such parking areas abut a residential zone, they shall be screened
by a buffer area, not less than 10 feet in depth, composed of densely
planted evergreen shrubbery, solid fencing or a combination of both,
which, in the opinion of the Land Use Planning Board, will be adequate
to prevent the transmission of headlight glare across the zone boundary
line. Such buffer screen shall have a minimum height of six feet above
finished grade at the highest point of the parking area. The materials
used shall be in keeping with the character of the adjacent residential
area.
K.
All fuel pumps shall be located at least 20 feet from any street
or property line and shall be attendant-operated.
L.
In addition to the signs permitted under Article X of this chapter, motor vehicle service stations and public garages only may display the following special signs which are deemed customary and necessary to their respective business:
(1)
One freestanding or pylon sign setting forth the name of the station
or garage and for the principal products sold on the premises, including
a special company or brand name, insignia or emblem, provided that
such sign shall not exceed 20 square feet in area on each side and
shall be hung within the property line and not less than 10 nor more
than 25 feet above the ground.
(2)
One temporary sign located not less than 10 feet inside the property
line and specifically setting forth special seasonal servicing of
automobiles, provided that such sign does not exceed seven square
feet in area.
Quasi-public buildings and recreation areas and facilities,
including clubhouses, parks, playgrounds, swimming pools, tennis courts
and other such activities operated by nonprofit membership organizations,
may be permitted in the R-A, R-L, R-H and R-M Districts, provided
that the following standards are observed:
A.
It is ascertained by the Land Use Planning Board that the proposed
use is a bona fide nonprofit organization operated solely for the
recreation and enjoyment of the members of said organization.
B.
It is ascertained by the Land Use Planning Board that the proposed
use in the proposed location will not adversely affect the safe and
comfortable enjoyment of property rights and otherwise adversely affect
the value of adjacent properties, that the design of any structures
erected in connection with such use are in keeping with the general
character of the residential area, and that sufficient landscaping,
including trees, shrubs and lawn, are provided to serve as a buffer
between said use and adjoining residential properties and to ensure
an attractive appearance for the use.
C.
The property proposed to be occupied by such use shall have a minimum
lot area of two acres, a minimum road frontage of 200 feet, and a
minimum lot coverage of 20%.
D.
No building, structure or active recreational facilities shall be
located within 50 feet of any front or rear property line.
[Amended 5-26-1969 by Ord. No. 1969-5; 3-8-1999 by Ord. No.
1999-03]
A.
Homecrafts,
as defined by this chapter, may be permitted in the R-M and R-H Districts,
provided that the standards contained in this section are met.
(1)
A homecraft shall be carried on entirely within the principal building
and shall, under no circumstances, exceed 20% of the total gross habitable
floor area of the principal building.
(2)
No such crafts shall require interior or exterior alterations of
the principal structure.
(3)
No sign shall be permitted in connection with such homecrafts.
(4)
No commodity shall be sold on the premises in connection with the
homecraft.
(5)
A homecraft shall be carried on only by a member of the family living
within the principal structure.
Such home professional occupations as defined by this chapter
may be permitted in the R-A, R-L, RU-L, R-M, R-H, R-1B, CNS, CLR and
TCR Districts, provided that the standards contained in this section
are met.
A.
A home professional occupation shall be carried on entirely within
the principal building and shall not, under any circumstances, exceed
25% of the total gross habitable floor area of the principal building.
B.
No such home professional occupation shall require exterior alterations
of the principal structure which will cause the structure to be at
variance or further at variance with the schedule for the district
in which it is located.
C.
No such home professional occupation shall permit the employment
of more than one employee who is not a permanent resident of the principal
structure.
D.
No such home professional occupation shall permit any advertising display other than a professional nameplate as provided for in Article X.
[Added 2-25-1986 by Ord. No. 1986-2]
A.
SATELLITE ANTENNA (also known as a "SATELLITE DISH" or a "SATELLITE
EARTH STATION")
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any apparatus which is designed for the purpose of receiving
television, radio, microwave satellite or similar signals, with the
exception of conventional television antennas.
B.
Permit; required fee. No satellite earth station antenna, including
its mount, shall be built, erected or modified unless a building permit
is issued by the Construction Official. Any person (which shall include
corporations, partnerships, associations or any other legal entity)
applying for such a permit shall furnish to the Construction Official
such plans, drawings and specifications as he may reasonably require
as to the satellite earth station antenna to be constructed, erected
or modified and shall pay a fee equal and equivalent to the sum of
$6 per $1,000 of the value of the costs of said construction and installation
of said satellite antenna, commonly known as a "satellite dish."
C.
Conditional use. The satellite antenna is permitted in residential
zones as a conditional use after the following requirements are met:
(1)
A satellite antenna is only permitted as an accessory use on a lot
which contains a principal structure.
(2)
A satellite antenna is not permitted in the front yard of any structure.
(3)
A satellite antenna is permitted only on the rear roof of a structure,
provided that the top of the satellite antenna does not exceed three
feet from the highest part of the roof. No satellite antenna placed
anywhere on a roof shall exceed a height or diameter of 8 1/2
feet. Only perforated dishes are allowed on roofs.
(4)
No lot may contain more than one satellite antenna as heretofore
regulated.
(5)
No satellite antenna placed anywhere on the ground of a lot shall
exceed a height or diameter of 10 feet. Satellite antennas on the
ground on lots may be solid or perforated.
(6)
Satellite antennas are not permitted as accessory uses on lots containing
multifamily dwellings.
(7)
No satellite antenna shall be constructed or designed and utilized
for the purpose of transmitting signals.
(8)
No tower shall be utilized for the support or the erection of the
satellite antenna.
(9)
No portion of the satellite antenna shall be located within 10 feet
from the rear and side property lines.
(10)
The satellite antenna shall be screened from view on all sides
with plantings.
(11)
The satellite antenna shall be installed securely for the purpose
of withstanding wind speed and associated static wind load which is
generated at any given antenna elevation angle or directional position.
[Added 5-14-2001 by Ord. No. 2001-02]
Purpose and intent. The purpose of this section is to establish
guidelines for the siting of wireless telecommunications towers and
antennas and ancillary facilities. 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 on municipally
owned property where appropriate or in other nonresidential areas;
minimize the total number of towers throughout the community; strongly
encourage the joint use of new and existing tower sites as a primary
option rather than construction of additional single-use towers; encourage
the use of existing buildings, telecommunication towers, light or
utility poles and/or towers, or water towers as opposed to construction
of new telecommunication towers; encourage users of towers and antennas
to locate them, to the extent possible, in areas where the adverse
impact on the community is minimal; ensure that all telecommunication
facilities, including towers, antennas and ancillary facilities, are
located and designed to minimize the visual impact on the immediate
surroundings and throughout the community by encouraging 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 telecommunications
towers; and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
In furtherance of these purposes, the Township of Eastampton shall
give due consideration to the municipality's Master Plan, Zoning Map,
existing land uses, and environmentally sensitive areas in approving
sites for the location of towers and antennas.
A.
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
COLLOCATION
FAA
FCC
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
PREEXISTING TOWERS and PREEXISTING ANTENNAS
STEALTH DESIGN
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS OR TRANSMISSION TOWER
TOWER
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
Man-made trees, clock towers, bell steeples, flagpoles, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems, including, but not limited
to, repeaters, equipment housing, and ventilation and other mechanical
equipment.
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 communication signals.
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.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The Federal Communications Commission.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
Any towers or antennas for which a building permit or conditional
use 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.
The type of tower that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices, including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not transmission towers.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communications purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
B.
Applicability.
(2)
Amateur radio station operators/receive-only antennas. This chapter
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.
(4)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
(5)
Public property. Antennas or towers located on property owned, leased
or otherwise controlled by the governing authority shall be encouraged,
provided a license or lease authorizing such antenna or tower has
been approved by resolution by the governing authority. Said approved
publicly owned sites utilized for the purpose of constructing towers
and/or antennas shall be treated as engaging in an accessory use under
this section.
(7)
Collocation required. The Township of Eastampton mandates that carriers
collocate antennas on towers and other structures whenever possible.
(a)
The Township of Eastampton requires that licensed carriers share
personal wireless service facilities and sites where feasible and
appropriate, thereby reducing the number of personal wireless service
facilities that are standalone facilities. All applicants for site
plan approval for a personal wireless service facility shall demonstrate
a good faith effort to collocate with other carriers. Such good faith
effort includes:
[1]
A survey of all existing structures that may be feasible sites
for collocating personal wireless service facilities;
[2]
Notification by certified mail of intent to seek site plan approval
to all the other licensed carriers for commercial mobile radio services
operating in the county;
[3]
Sharing information necessary to determine if collocation is
feasible under the design configuration most accommodating to collocation;
and
[4]
A copy of a proposed lease or affidavit of compliance with this
section.
(b)
In the event that collocation is found to be not technically
feasible, a written statement of the reasons for the infeasibility
shall be submitted to the municipality. The municipality may retain
a technical expert in the field of radio frequency (RF) engineering
to verify if collocation at the site is not feasible or is feasible
given the design configuration most accommodating to collocation.
The cost for such a technical expert will be at the expense of the
applicant. The municipality may deny approval to an applicant that
has not demonstrated a good faith effort to provide for collocation.
(c)
If the applicant does intend to collocate or to permit collocation,
plans and elevations, which show the ultimate appearance and operation
of the personal wireless service facility at full build-out, shall
be submitted.
(8)
Site plan required. Site plan approval shall be required for all
new telecommunications facilities in the Township of Eastampton, including
modifications to or addition of new telecommunications facilities
to preexisting towers, buildings or other structures.
C.
General requirements.
(1)
Principal or accessory use.
(a)
Antennas and towers may be considered either principal or accessory
uses, but only if the applicant demonstrates that said antenna or
tower cannot be located on another property where an existing tower
is located, known as "collocation." A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
(b)
Antennas and towers may only be constructed and/or located or
erected in the following areas of the Township: all property located
in the CH Zone, the BP Zone, that portion of the R-A Zone bordered
by Monmouth Road, Springfield and Westampton Township (but not within
1,000 feet of any existing road in the R-A Zone only); municipal property,
but not including the Municipal Building property located at 12 Manor
House Court, Eastampton, New Jersey (08060).
[Amended 11-10-2008 by Ord. No. 2008-14]
(2)
Lot size. For the purposes of determining whether the installation
of a tower or antenna complies with district 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 Zoning Officer an inventory of all existing
towers, antennas, or sites approved for towers or antennas that are
either within the jurisdiction of the Township of Eastampton or within
one mile of the border 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 conditional use permits under this chapter or other organizations
seeking to locate antennas within the jurisdiction of the Township
of Eastampton; provided, however, that the Zoning Officer is not,
by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness. 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 towers and related structures into the natural setting and surrounding
buildings.
(b)
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.
(c)
Lattice towers and any type of guyed tower are prohibited.
(d)
Telecommunications towers shall be limited to monopoles without
guys designed to ultimately accommodate at least three carriers.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. The Township shall inspect, by January 1 of each year, the tower
by a qualified, independent engineer licensed to practice in the State
of New Jersey and forward the results of said independent inspection
to the Township no later than January 1 of each year. The Township
reserves the right to initiate its own inspection. If, upon inspection,
the Township of Eastampton concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then, upon notice being provided to the owner of the
tower, the owner shall have 30 days to bring such tower into compliance
with such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Township of Eastampton irrespective of municipal and county jurisdictional
boundaries.
(9)
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this section and shall not be regulated or permitted
as essential services, public utilities, or private utilities.
(10)
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 communications system in the Township of Eastampton
have been obtained and shall file a copy of all required franchises
with the Zoning Officer.
(11)
Signs. No signs shall be allowed on an antenna tower.
(12)
Multiple antenna/tower plan. The Township of Eastampton encourages
the users of towers and antennas to submit a single application for
approval of multiple towers and/or antenna sites.
(13)
Additional factors to consider for location of tower.
(a)
The Land Use Planning Board shall consider the following factors
in determining whether to grant approval:
[Amended 12-10-2001 by Ord. No. 2001-12]
[1]
Proximity of the tower to residential structures and residential
district boundaries;
[2]
Nature of uses on adjacent and nearby properties;
[3]
Surrounding topography;
[4]
Surrounding tree coverage and foliage;
[5]
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness,
including stealth designs, which are encouraged;
[6]
Availability of suitable existing towers, alternative tower
structures, other structures or alternative technologies not requiring
the use of towers or structures;
[7]
Availability of proposed tower to other potential carriers.
(b)
This list is considered to be illustrative in nature and may
not include all factors to be considered.
D.
Permitted uses.
(1)
General. The uses listed in this section are deemed to be permitted
uses and shall not require administrative approval or a conditional
use permit.
(2)
Permitted uses. The following uses are specifically permitted:
(a)
Antennas, towers, or alternate tower structures located on property
owned, leased, or otherwise controlled by the Township of Eastampton,
provided a license or lease authorizing such antennas or towers has
been approved by the Township of Eastampton.
E.
Area, bulk and yard requirements:
(1)
Minimum front yard setback: 50 feet or the height of the structure,
whichever is greater.
(2)
Minimum rear yard setback: 50 feet or the height of the structure,
whichever is greater.
(3)
Minimum side yard setback: 50 feet or the height of the structure,
whichever is greater.
(4)
Maximum height of tower: 130 feet.
(5)
Maximum height of accessory structures: eight feet.
(6)
Maximum square footage of accessory structures: 150 feet.
F.
Additional requirements.
(1)
All facilities shall be suitably secured and enclosed in a fence
of not less than six feet high.
(2)
Site plan approval by the Eastampton Land Use Planning Board shall
be required, and the following information shall be provided:
[Amended 12-10-2001 by Ord. No. 2001-12]
(a)
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 within 200 feet (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection E, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit or residentially zoned properties, whether platted
or unplatted.
(d)
The separation distance from other towers shall be shown on
an updated site plan or map. The applicant shall also identify the
type of construction of the existing tower(s) and the owner/operator
of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials. The following
requirements shall govern the landscaping surrounding towers:
[1]
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower from adjacent
properties. Existing on-site vegetation shall be preserved or improved,
and disturbance of existing topography shall be minimized unless such
disturbance would result in less visual impact of the site to the
surrounding area. The access road to the communications facility shall
be landscaped or be oriented in such a way as to preclude a direct
view of the facility from public view. The standard buffer shall consist
of a landscaped area 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-alternating rows 10 feet on center.
[2]
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the Land Use Planning Board.
[Amended 12-10-2001 by Ord. No. 2001-12]
[3]
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 a sufficient buffer.
[4]
The screening shall be replaced and maintained as necessary
as long as the facility is in service.
(f)
Method of fencing, finished color, if applicable, and methods
of camouflage and illumination.
(g)
A description of compliance with this section and all applicable
federal, state or local laws.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(i)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the Township of Eastampton based upon existing physical,
engineering, technological or geographical limitations in the event
the proposed tower is erected.
(l)
A visual impact study containing, at a minimum, a photographic
simulation showing the appearance of the proposed tower, antennas,
and ancillary facilities from at least five points within a three-mile
radius. Such points shall be chosen by the carrier with review and
approval by the Land Use Planning Board or designee to ensure that
various potential views are represented.
[Amended 12-10-2001 by Ord. No. 2001-12]
(3)
Abandonment or discontinuation of use.
(a)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Municipal Clerk by certified United States Mail of the
proposed date of abandonment or discontinuation of operations. Such
notice shall be given no less than 30 days prior to abandonment or
discontinuation of operations. In the event that a licensed carrier
fails to give such notice, the wireless telecommunications facility
shall be considered abandoned upon discontinuation of operations.
(b)
Upon abandonment or discontinuation of use, at the option of
the municipality, the carrier shall physically remove the personal
wireless service facility within six months from the date of abandonment
or discontinuation of use. "Physically remove" shall include, but
not be limited to:
[1]
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
[2]
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
[3]
Restoring the location of the personal wireless service facility
in accordance with this section, the municipality shall have the authority
to enter the subject property and physically remove the facility.
The Land Use Planning Board will require the applicant to post a bond
at the time of approval to cover costs for the removal of the personal
wireless service facility in the event the municipality must remove
the facility.
[Amended 12-10-2001 by Ord. No. 2001-12]
[4]
If a carrier fails to remove a personal wireless service facility
in accordance with this section, the municipality shall have the authority
to enter the subject property and physically remove the facility.
The Land Use Planning Board will require the applicant to post a bond
at the time of approval to cover costs for the removal of the personal
wireless service facility in the event the municipality must remove
the facility.
[Amended 12-10-2001 by Ord. No. 2001-12]
(c)
In the event a communications tower is abandoned or not operated
for a period of one year, the same shall be removed, at the option
of the Township, at the sole expense of the operator.
(4)
Noise levels generated by the operation of the antenna operation
at any property line shall be not more than 50 decibels.
(5)
No lighting is permitted except as follows:
(a)
Accessory structures may have security and safety lighting at
the entrance, provided that the light at the entrance is attached
to the facility, is focused downward and is on timing devices and/or
sensors so that the light is turned off when not needed for safety
or security purposes; and
(b)
No lighting is permitted on a communications tower except lighting
that is specifically required by the FAA, and any such required lighting
shall be focused and shielded to the greatest extent possible so as
not to project towards adjacent and nearby properties.
(7)
Any generator located on the site shall be within an equipment structure.
All fuel shall be contained in accordance with NJDEP requirements.
(8)
Site clearing shall be minimized to preclude the removal of vegetation
beyond that necessary to install and maintain the facility.
(9)
Communications towers shall not cause a disruption to or interfere
with other radio, communications, or television transmissions or equipment.
If such disruption or interference is found to be caused by the operation
of the communications tower, the subscribers and/or lessees shall
modify their equipment operations to abate the deficiencies.
G.
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 Land Use Planning Board that
no existing tower, structure or alternative technology that does not
require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the Land Use Planning Board related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
[Amended 12-10-2001 by Ord. No. 2001-12]
(1)
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
(2)
Existing towers or structures are not of sufficient height to meet
the applicant's engineering requirements.
(3)
Existing towers or structures do not have sufficient structural strength
to support the applicant's proposed antenna and related equipment.
(4)
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.
(5)
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 and structures unsuitable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
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 exceeds new tower or antenna development shall not be presumed
to render the technology unsuitable.
[Added 11-10-2008 by Ord. No. 2008-24]
A.
Purpose. Bed-and-breakfasts (B & B) offer an opportunity to provide
temporary accommodations for guests in a residential setting within
the Township.
B.
Site plan approval shall be required for this use.
C.
Bed-and-breakfast accommodations are permitted as a conditional use
in the ACR and CH Zoning Districts in the Township. The following
requirements must be met:
(1)
Bed-and-breakfasts shall be permitted only in single-family detached
dwellings.
(2)
The B & B shall be the primary residence of the property owner.
(3)
All B & B facilities shall be registered in accordance with all
state and local laws.
(4)
A maximum of five guest rooms shall be located in each B & B.
(5)
The maximum consecutive stay for any guest shall be limited to 14
days.
(6)
Any meal provided, usually breakfast, shall be provided for registered
guests only.
(7)
Adequate parking shall be provided on site, at a minimum of one space
per guest room, plus two spaces for the owner of the residence and
one space for each employee who does not reside at the dwelling. Parking
shall not be permitted in the front yard, and adequate buffers shall
be provided to any adjacent use.
