The purpose of this article shall be to provide specific regulations
applicable to all conditional uses provided for in this chapter. In
all cases, an application for site plan review will be submitted simultaneously
with the application for the issuance of a conditional use permit
in accordance with the provisions of N.J.S.A. 40:55D-67.
A.
Public schools shall be located on tracts of land having not less
than five acres or one acre per 100 students, whichever is greater.
B.
The maximum height of the building shall be 35 feet.
C.
Off-street parking shall be provided on the basis of one space for each teacher and staff member, plus a minimum of 10 spaces for visitors. If there is an auditorium, additional off-street parking shall be provided in accordance with the provisions of Article XXV.
D.
Where feasible, there shall be two means of access to the site, one
of which may be designated for entry to the site and one for exiting
the site.
A.
Places of worship. In reviewing the site plan for churches, the Board
shall take particular note of ancillary uses such as social events,
recreational activities, convocations, child care, educational services
and similar activities. Reasonable requirements shall be established
to minimize any adverse impact on surrounding areas.
B.
Minimum lot area. The minimum area for places of worship shall be
as follows:
|
Zone District
|
Minimum Site Area Per Square Foot of Floor Area of All
Buildings
(square feet)
|
Maximum Coverage of All Impervious Surfaces
(%)
| |
|---|---|---|---|
|
SF
|
15
|
65%
| |
|
TH
|
15
|
65%
| |
|
C
|
15
|
65%
|
D.
Where feasible, there shall be two means of access to the site, one
of which may be designated for entry to the site and one for exiting
the site.
E.
A buffer of 50 feet shall be provided where it abuts a residential
zone.
Public utility uses and structures necessary and convenient
for the provision of the central services to the neighborhood or area
in which the particular use is to be located shall be permitted on
minimum lots of 15,000 square feet, subject to adequate buffering
and landscaping and adequate off-street parking as determined by the
municipal agency based upon the reasonably expectable requirements
of the particular facility. No service or storage yard shall be permitted
in residential districts. All structures shall be located at least
25 feet from any rear or side property line and 50 feet from any front
property line.
A.
The applicant must show that the use of design flexibility in plotting
a subdivision under a cluster arrangement would result in the preservation
of irreplaceable scenic qualities of land and/or water areas or areas
of environmental sensitivity or mitigate the special health and safety
constraints created in mined areas.
B.
The minimum tract size: not less than 10 acres.
C.
Minimum lot size and yard requirements: 70% of that which is required
in the applicable zone.
D.
Housing type: limited to single-family detached residential buildings.
E.
No structure shall be erected on lands having a slope in excess of
15% or on wetlands.
F.
Lands required to be dedicated shall be so located as to meet the
needs of open playgrounds, rights-of-way protecting major streams
or open drainageways, buffer areas and other environmental criteria,
or to provide additional neighborhood area for recreational purposes
or school purposes. The Planning Board shall make certain that not
only Township requirements shall be satisfied, but that dedicated
areas be so located as to meet any possible future needs of the neighborhood
or region.
G.
The Planning Board shall have full discretion as to the location
and size of the various use need areas and their distribution. The
Planning Board shall not generally approve areas of less than five
acres except when such a site is considered adequate for its specific
use, and the Board shall make certain that a reasonable portion of
required dedicated area shall be located so as to specifically serve
the need of the development where located.
H.
The Planning Board may require such recreational improvements necessary
to promote the use of the open space for its designated purpose.
I.
The open space resulting from approval of a cluster subdivision may
be offered to the Township of Mine Hill, but if the Township declines
to accept the dedication, the developer shall then establish an open
space organization made up of owners of the approved lots in the subdivision,
which organization shall meet all of the standards set forth in N.J.S.A.
40:55D-43. A copy of a certificate of incorporation of said organization
and of the proposed bylaws thereof shall be submitted by the developer
to the municipal agency for review and approval.
A.
Any proposed day-care center must show that it meets all requirements
of the State of New Jersey for issuance of a license or that it has
obtained such a license.
B.
An opaque fence or dense planting of evergreens shall be maintained
between an outdoor play area and any public street or next to a property
used for residential purposes.
C.
Access to the site shall be so arranged that children can be discharged
and picked up on site.
D.
A buffer of 50 feet shall be provided where such a lot abuts a residential
zone.
In addition to the uses permitted in the ED (Economic Development)
District, the mining, excavation and removal of soil from the site
for commercial purposes shall be allowed as a conditional use, subject
to the conditions and limitations set forth below. "Soil" means all
unconsolidated mineral and organic material of whatever origin, including
waste material piled or stored on site as the result of previous iron-ore
mining activities which overlies the bedrock and which can readily
be excavated, including, but not limited to, earth, dirt, stone, gravel,
sand, humus, clay, loam, rock and mixtures of any and all such materials.
A.
Development plan. No soil mining, excavation and removal use shall
be permitted in the ED (Economic Development) District unless the
development plan for any such proposed soil mining use includes also
one or more additional (nonmining) industrial uses requiring construction
of buildings and meeting the requirements of the district. Any such
additional industrial use(s) must be located and constructed within
the ED (Economic Development) District, provided all the lands forming
a part of such development plan are contiguous and adjoining.
(1)
Additional requirements.
(a)
The property located within the ED (Economic Development) District are a portion of a substantially larger tract which is currently in common ownership and includes also considerable acreage in the Township of Roxbury and the Borough of Wharton. No subdivision of any portion of such tract located within the Township of Mine Hill shall be permitted if a soil mining operation is to be established thereon, unless and until a development plan encompassing this entire tract within the Township of Mine Hill and including a nonmining industrial development proposal for those portions of this tract not a part of the soil removal operations [including, in particular, those portions located in the ED (Economic Development) District] is submitted to and approved by the Planning Board and governing body of the Township in accordance with the requirements of said Article XIX.
(b)
The terms of site plan approval and/or the developer's agreement
with the Township shall include appropriate provisions and limitations
to insure the nonmining industrial development proceeds toward completion
simultaneously with the commencement and carrying on of the soil mining
operations. Such provisions shall include mandatory schedules and
timetables for completing roads, utilities and other site improvements
(including off-site and off-tract improvements) required in connection
with the nonmining industrial development, as conditions to be met
before soil mining operations can continue and/or proceed to the next
stage (phase). Such other provisions and limitations as the Planning
Board and/or governing body of the Township deem appropriate to insure
a development simultaneously of both soil mining and nonmining industrial
uses upon the large tract formerly constituting Allen-Wood Steel Co.
property may also be imposed.
(c)
Any subdivision re-required or requested in connection with
and in order to separate any such proposed nonmining industrial development
and any proposed nonindustrial development from the soil removal use
shall indicate by deed restrictions and/or appropriate statements
on the filed subdivision map(s) any such limitations and restrictions
imposed upon the continuation of the soil mining operations relating
to moving forward and/or completing the nonmining industrial development
and nonindustrial portions of any such development plan for a soil
mining use.
(d)
Any such nonmining use(s) proposed as a part of a development
plan for a soil mining operation must encompass and involve not less
than 1/3 of the total number of acres within which approval to conduct
soil mining is sought.
B.
Regulations, requirements, standards and limitations governing soil
removal and mining in the ED (Economic Development) District. All
commercial soil mining, excavation and removal uses in this ED (Economic
Development) District shall comply with the following regulations,
standards, requirements and limitations:
(1)
Minimum area. A minimum area of 100 acres shall be required
for a soil mining and removal use.
(2)
Maximum area within which soil removal operations shall be permitted to be conducted at any one time. Limitations on the maximum area within which soil mining operations shall be permitted at any one time shall be accomplished by the phasing or staging of the soil removal operation, the detail of which shall be set forth and approved by the Council of the Township of Mine Hill as a part of the developer's agreement with the Township of Mine Hill for a soil removal permit in accordance with the requirements of Chapter 448, Soil Removal, of the Code of the Township of Mine Hill, as amended from time to time.
(a)
Staging (phasing) to be made a part of developer's agreement.
The terms, conditions and details regarding such phasing or staging
of any soil mining use conducted in the ED (Economic Development)
District shall also be set forth in a complete and comprehensive fashion
in the developer's agreement which the developer shall be required
to enter into with the Council of the Township of Mine Hill, as required
by these regulations and more particularly described below.
(b)
Staging (phasing) to be shown on site plan. The details regarding
the staging (phasing) of any soil mining use or operation conducted
in the ED (Economic Development) District shall also be set forth
and shown on the development plans submitted to the Planning Board
of the Township of Mine Hill for site plan approval.
(3)
Monumentation and benchmarks. Prior to the commencement of any
soil mining operations, concrete monuments shall be installed marking
the outside limits of all areas to be disturbed. In addition, temporary
monuments shall be installed to also mark the limits (boundaries)
of the various staging (phase) areas. The developer shall also provide
appropriate benchmarks to provide the Township with vertical control
over the operations and to facilitate the checking of grades to insure
all terms and conditions of site plan approval and the soil removal
permit are being complied with by the developer. The location of the
concrete monuments shall be set forth on the site plan and referenced
to New Jersey Plane Coordinate System, and all monumentation and benchmarks
(USGS 1929 Mean Sea Level Datum) shall be located at such locations
and in such fashion as the Township may direct.
(4)
Staging limitations. The right of the developer (owner) to continue
soil mining operations shall be contingent upon the developer's performance
in the restoration and reclamation of those areas of the site where
soil mining operations have previously taken place, in accordance
with the requirements of this chapter, site plan approval and the
developer's agreement with the Township.
(a)
Extension of soil mining. Soil mining and removal shall not
be extended into the next succeeding phase (section) area, as delineated
on the approved site plan, until not less than 80% of the preceding
phase (section) area as measured horizontally has been completely
restored, and such restoration has been inspected and approved by
the Township as meeting all controlling regulations and conditions.
However, in order to provide adequate area in the adjoining and next
succeeding phase (section) area, soil mining and removal operations
may be extended into such next phase (section) to a maximum extent
of 20% of the next phase (section). Under no circumstances, however,
shall soil disturbance (grading, excavation, removal or any other
activity relating to soil mining) take place beyond this maximum of
20% into the next succeeding phase of the approved soil mining operation,
unless and until a minimum of 80% of the preceding phase (section)
area has been restored.
(b)
Three or more phases. Where the soil mining operation receiving
approval is divided into three or more phases, no soil disturbance
shall take place in the third phase (section) area beyond the 20%
limit, unless and until 100% of the area forming part of the first
phase (section) and 80% of the area forming a part of the second phase
(section) have been restored and such restoration inspected and approved
by the Township, and so set forth where more than three phases are
delineated and approved.
(5)
Storage and reservation of topsoil.
(a)
A development plan for conducting soil mining shall make provision
for the reservation of all topsoil in stockpiles on the site to be
redistributed as a part of the restoration process. No topsoil shall
be removed from the site. If the developer cannot otherwise stabilize
and restore the disturbed areas in accordance with the controlling
Township ordinances and/or the requirements of final site approval
and the soil removal permit, the developer shall be required to promptly
provide additional topsoil from off-site locations if the site lacks
adequate quantities of topsoil to achieve restoration.
(b)
This storage and reservation of topsoil shall be accomplished in accordance with Chapter 444, Soil Erosion and Sediment Control, of the Code of the Township of Mine Hill, as more particularly described below, and all the requirements of final site plan approval, the developer's agreement and the terms and conditions of the soil removal permit issued by the governing body of the Township.
(c)
Temporary seeding, as well as appropriate soil erosion and sedimentation
control measures, shall be required with respect to the stockpiling
and reservation of topsoil on the site.
(6)
Soil erosion and sedimentation control. A detailed plan for soil erosion and sedimentation control must accompany and be approved as a part of any development plan for soil mining. Such plan shall comply in full with Chapter 444, Soil Erosion and Sediment Control, adopted June 1977, as amended, and such additional requirements as are imposed by the Township pursuant to this chapter as may be made part of the final site plan approval, the developer's agreement and/or the soil removal permit. Prior to final approval by the Township, this soil erosion and sedimentation control plan shall be submitted by the developer to the Morris County Soil Conservation District for review and recommendations.
(a)
Seeding and planting. Any such soil erosion and sedimentation
control plan shall include detailed specifications for temporary seeding
and/or planting of vegetation, as well as for permanent seeding and/or
planting of permanent vegetation, mulching, contents of topsoil and
details regarding all other aspects of any such plan. Both temporary
and permanent measures designed to establish, preserve and restore
disturbed areas shall be undertaken as soon as possible, taking into
consideration the needs of the developer not to have such measures
unreasonably interfere with the ongoing soil mining operations in
the area or areas in question.
(b)
Dust control. Any such soil erosion plan shall include provisions
for dust control for the protection of adjoining and nearby residential
and nonresidential properties, including measures for both on-site
and off-site dust control. Effective dust control constitutes a major,
if not the major, objective to be achieved by any approved soil erosion
and sedimentation control plan implemented by the developer. In particular,
any approved plan for dust control shall take into consideration the
peculiar and unique characteristics of the extensive quantities of
"tailings" which are located within this industrial zone as a by-product
of iron-ore mining.
(c)
Protection of public streets. The soil erosion and sedimentation
control plan shall also include provisions and details to insure protection
of all public streets and rights-of-way in the immediate area and/or
used by the developer in trucking soil materials from the site. Such
plan shall include procedures for periodically cleaning public streets
to insure all dust, soil and other materials spilled from or otherwise
resulting from such trucking operations are removed.
(d)
Storm drainage and groundwater control. Any plan for soil erosion
and sedimentation control forming a part of a development plan for
soil mining shall also include detailed plans, specifications and
provisions to insure stormwaters and groundwaters created, affected
or otherwise involved and/or resulting from such mining operations
are properly and adequately disposed of and/or controlled. Such plans
shall include provisions and measures to adequately protect wells
serving property owners in the vicinity, as well as all sources of
public water supply and all streams, brooks, watercourses, ponds and
other bodies of water in the immediate area or otherwise affected
by the soil mining operations.
(e)
Maintenance of level areas. Level areas, grades and slopes near
or around the perimeter of all excavated areas as specified and approved
as part of the development plan given final site plan approval and/or
as set forth in detail in the developer's agreement shall be maintained.
Such level areas, grades and slopes shall be required and maintained
to assure the safety of vehicles and persons in or near all such excavated
areas. Temporary seeding, as well as other appropriate soil erosion
and sedimentation control measures, shall be implemented in these
level areas and on these grounds and slopes near or around the perimeters
as soon as is practical, taking into consideration the needs of the
developer not to have such measures unreasonably interfere with the
soil mining operations in progress in the area or areas in question.
(f)
Noise control. The development plan and developer's agreement
shall include provisions to keep noise resulting from equipment and
trucks used to carry on soil mining operations to a minimum.
(g)
Blasting (dynamiting) prohibited. No blasting, dynamiting or
the use of any type of explosives or charges shall be used in conducting
soil mining operations.
(h)
Restoration and reclamation for future use.
[1]
Any development plan for a soil mining use shall provide for
the restoration and reclamation of the site to permit either a future
use (industrial, commercial or residential) by the owner in accordance
with the Township's then-controlling zoning regulations, or use by
the public as a park, recreational facility or similar public purposes.
Since it is anticipated extensive depressions containing water, i.e.,
man-made ponds (lakes), will result from soil, the developer and the
governing body of the Township shall give consideration to including
in their developer's agreement appropriate provisions for converting
the site or sections thereof into a park, a recreational facility,
or similar use beneficial to the public and, in particular, the residents
of Mine Hill. Any such provision shall take into consideration the
plans and rights of the developer as the owner of this soil mining
site to use and develop this property for the benefit of the developer.
[2]
Restoration and reclamation shall be commenced as soon as soil
removal operations are completed in a particular section or area;
it being a requirement that restoration and reclamation shall take
place simultaneously along with the soil removal and mining operations
and as soon as reasonably possible, taking into consideration the
impact of the ongoing soil mining activities in the area or section
in question on any such restoration and reclamation efforts and the
needs of the developer not to have his soil mining operations unreasonably
interfered with by any such restoration and reclamation measures.
(i)
Limitations upon truck access to site.
[1]
Trucks entering and/or carrying soil removed from the site of
any soil mining operation shall not be permitted to use existing public
roads which pass through existing residential areas. Specifically,
trucks entering and/or leaving the soil mining site shall not be permitted
to use Wharton Avenue, Scrub Oak Road or Randall Avenue.
[2]
No development plan for a soil mining use shall be approved
unless a truck access route satisfactory to the Township is included
in and approved as part of such development plan. Any such plan shall
include provisions for protecting, repairing and restoring the public
roads which are to be used for ingress and egress, and which as the
result of use of same by trucks entering and leaving the soil mining
site are damaged or otherwise require cleaning and/or repairs as a
result of such use, including details regarding protection and stabilization
of the area at the points of entrance onto public roads.
[3]
To the extent deemed necessary by the Planning Board and/or
governing body of the Township, the developer shall be required to
improve, including paving, on-site truck routes to those areas which
at any particular time are being mined. Such requirement shall be
imposed when and where appropriate by the Township for dust control,
soil erosion and sedimentation control, for the protection of areas
previously restored and reclaimed, for the safety and protection of
vehicles and persons using such on-site access routes, and for other
similar objectives designed to protect the public from the adverse
impact of soil mining operations upon the environment and properties
in the vicinity.
(7)
Restriction on equipment and processing.
(a)
No equipment or facilities for the crushing, mixing, processing
or other treatment of soil (materials) which are the subject of the
soil mining operations shall be permitted in the ED (Economic Development)
District east of Iron Mountain Road or its projection. The only equipment
permitted on the site of any soil mining operation shall be equipment
required for excavation, soil removal, screening, grading, seeding,
restoring and reclaiming the site, and for loading the soil onto and
into trucks and vehicles for removal from the site, including portable
screening equipment and scales. None of such equipment shall be attached
to the site (ground), but shall be movable, and all such equipment
shall immediately be removed from the site once the soil mining operations
are concluded and/or the equipment in question is no longer needed.
(b)
No building shall be erected, constructed or placed upon the
site, including temporary structures, unless such buildings are shown
upon and made a part of the development plan submitted to the Planning
Board for approval. All such buildings or structures shall comply
with the size, height, bulk and other requirements of this chapter
governing the erection of buildings and structures in the district.
(c)
Restrictions on hours of operation. No soil mining or soil removal
operation or activities shall be conducted on Sundays or holidays.
In addition, all soil mining and soil removal activities shall be
conducted between the hours of 7:00 a.m. and 6:00 p.m. on those days
when such activities are permitted.
(d)
Buffer requirements.
[1]
A buffer zone with a minimum depth of 300 feet shall be provided
and maintained along the property lines of all tracts upon which soil
mining operations are conducted. Where the property in question extends
into an adjoining municipality, or into an adjoining zoning district
within the Township of Mine Hill, this buffer zone shall be maintained
along the Mine Hill Township municipal boundary line or the zone line,
as the case may be.
[2]
Where soil mining operations are allowed by the applicable zoning
regulations as a permitted use or are otherwise lawfully taking place
upon adjoining property located in an adjoining municipality, no buffer
zone shall be required along those sections of the municipal boundary
line which border upon such property located in another municipality.
[3]
All such buffer areas shall be maintained in their natural state
where wooded or not previously disturbed. No soil disturbance by grading,
excavating or otherwise shall be permitted in any buffer area, unless
authorized as part of final site plan approval for the protection
of adjoining properties. No structures or any other improvements shall
be located within these buffer areas, nor shall any equipment, trucks
or other vehicles used in or resulting from the soil mining operations
be stored, placed, located or parked in any of these buffer areas.
[4]
Where natural vegetation is sparse, plants, seeding and similar
landscaping protective measures shall be required. Berms and other
screening and protective devices shall be required if deemed necessary
by the Planning Board to protect adjoining properties, particularly
where residential zones and uses are involved.
(8)
Fees to cover Township expenses. Because of the extensive soil mining operations which are expected to be conducted within this (ED) Economic Development District, frequent and continuous inspections and monitoring will be required by Township officials and representatives throughout the entire period of any such soil mining operation. In addition, an extensive and detailed review of any development plan for a soil mining operation will be required by appropriate Township bodies and officials, particularly the Township Engineer. To insure all engineering, legal and other expenses incurred by the Township in reviewing and approving any such development plan and in monitoring and inspecting any soil mining use following approval and throughout its entire course of operation, in addition to all other fees and charges required for site plan approval by this chapter, for a land disturbance permit as required by Chapter 444, Soil Erosion and Sediment Control, and the charge per cubic yard of soil (material) removed from the site as required by Chapter 448, Soil Removal, there shall be paid to the Township Clerk at the time an application for the necessary soil removal permit is filed such sum per acre for each acre on which soil removal operations are to be conducted, which sum is hereby determined to be the minimum reasonable cost to the Township, as provided for in Chapter 448, Soil Removal, to cover the anticipated engineering and legal fees to be incurred by the Township in processing, reviewing and acting upon the development plan and soil removal permit application for a soil mining operation in the (ED) Economic Development District. In the event costs to the Township exceed this minimum reasonable cost fee, plus the regular fees, the developer is required to pay for a development plan involving soil mining, as specified above, the applicant (developer) shall be required to pay additional sums to the Township to cover the expenses of the Township related to such development proposal in accordance with the procedure set forth in detail in Article XXXI, Fees and Deposits.
(9)
Monitoring and inspection. Throughout the entire period and
course of any soil operation, there shall be constant and continuous
monitoring of such operation by the Township Engineer and/or other
officials and representatives designated by the Township. The Township
Engineer shall make on-site inspections not less than once per month
during all times where soil mining activities are being conducted
and shall file monthly written reports to the governing body of the
Township setting forth the results of such inspections. As a required
condition of all development plan approvals for soil mining, the Township
Engineer and/or other designated Township officials and representatives
shall be permitted at all times to enter the soil mining site for
the purpose of monitoring and inspecting.
(10)
Monthly reports of quantities removed by owner. The owner of
the property upon which a soil mining operation is located shall furnish
the governing body of the Township with monthly reports giving the
details regarding the quantity of soil removed from the site, including
total number of truckloads of material taken off the site and the
average number of trucks per day, and such other information regarding
the ongoing operation as the Township Engineer and/or the governing
body may reasonably deem necessary for efficient monitoring.
(11)
Certification of quantities removed. The owner of the soil mining
operations shall have the topography of the tract flown once every
three years during the entire period of any soil mining operations.
Immediately following each such three-year aerial survey of the topography
of the soil mining site, the owner shall provide the Township with
a certification of the quantities removed during the three-year period
in question signed by a licensed New Jersey professional engineer
to insure adequate accounting of such quantities. Vertical measurements
below the water surface shall be required and furnished to the Township
on a one-hundred-foot grid and also certified by a licensed New Jersey
professional engineer, as a part of this three-year certification.
The Township shall be furnished with sealed copies of all maps and
reports which result from each such three-year aerial survey.[1]
(12)
Violations. If the Township determines that, at any particular
time, any one or more conditions or requirements of site plan approval,
of the soil removal permit, or of the developer's agreement are not
being satisfactorily met or complied with, a ten-day written notice
of violation(s) shall be served upon the owner of the subject property,
and upon the failure to correct such violations within this ten-day
period, a stop-work order pending the correction of such violations
shall be issued.
(13)
Site plan, soil removal permit and developer's agreement required. Any development plan for a soil mining use (operation) to be conducted in the (ED) Economic Development District districts must be in accordance with the requirements of this chapter and be submitted to the Planning Board of the Township for preliminary and final site plan approval. Final site plan approval shall not be granted by the Planning Board until the governing body has issued a soil removal permit to the developer and the developer has entered into a developer's agreement with the governing body of the Township covering the staging (phasing) of the proposed soil mining operation, in order to assure compliance with same by the developer, including the relating of such staging to a timetable for completion of site improvements and/or buildings forming a part of the nonmining industrial development proposed as part of the same development plan. Such developer's agreement shall be consistent with the requirements of this section, Chapter 448, Soil Removal, and Chapter 444, Soil Erosion and Sediment Control, of the Code of the Township of Mine Hill, enacted June 1977, as amended. In any event, soil mining operations, including soil disturbance activities relating or preliminary thereto, shall not commence until such a soil removal permit has been issued to the developer and a developer's agreement entered into with the governing body of the Township. Such agreement shall cover not only the soil mining use, but also those sections of the tract forming part of the development plan which are to be devoted to nonmining uses. No construction work or soil disturbance activities relating either to the mining or nonmining uses and development shall be commenced until such a developer's agreement has been executed and the necessary performance and maintenance guarantees posted to assure completion of all site improvements and/or site restoration and reclamation procedures once work on such improvements and/or soil mining is commenced.
(14)
Performance guarantees.
(a)
Performance guarantees in accordance with the requirements of
this chapter shall be furnished as a condition for securing final
site plan approval and a soil removal permit. Such performance guarantees
shall include an amount fixed by the governing body to insure restoration
and reclamation of the soil mining site in accordance with the terms
and conditions of site plan approval and the developer's agreement,
as well as the performance by the owner of all other terms and conditions
of the developer's agreement. All such performance guarantees regarding
restoration and reclamation shall remain in full force and effect
during the entire period mining operations are conducted and until
restoration and reclamation are completed.
(b)
As the soil mining operation progresses and restoration is completed
in sections and phases of the site upon which the soil mining operations
are being conducted, the amount of the performance guarantees posted
for such restoration may be reduced in accordance with the procedures
established by this chapter and the Municipal Land Use Law, provided
the governing body of the Township approves the amount of any such
decrease.
(15)
Areas previously mined. No soil disturbance by way of excavation, mining, grading, leveling or otherwise shall be permitted within 50 feet of any portion of this (ED) Economic Development District where prior iron-ore mining operations were conducted. In accordance with the requirements of this chapter, the development plan for any soil mining operation in the (ED) Economic Development District and for any non-soil-mining industrial development in those portions of the subject tract located in adjoining (ED) Economic Development Districts shall not be approved unless and until the plans, drawing and proposals forming a part of any such development plan indicate that the subject property will be rendered safe for both construction (if any) and human entry by the elimination of all mining hazards resulting from such prior iron-ore mining in a manner meeting the standards, requirements and conditions of Article XXVII. As required by such standards of said Article XXVII, mining hazards located in any portion of the tract which is the subject of any such development plan and/or subdivision plan must be eliminated, whether or not the portion or portions of the tract upon which such mining hazards are located is presently proposed for use, construction or development.
(16)
Final site plan approval. Prior to the grant of final site plan
approval for a soil mining use (operations), the developer shall file
(in addition to all other copies of plans required by this chapter)
one original reproducible (Mylar sepia) copy of the site plan drawings
showing all aspects and phases of the soil mining operation, including,
but not limited to, the plans for the restoration and reclamation
of the affected areas.
A.
Purpose.
(1)
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 Mine Hill Township. The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts
of towers and antennas;
(b)
Encourage the location of towers in specific areas within the Township;
(c)
Minimize the total number of towers throughout the Township;
(d)
Strongly encourage the joint use of new and existing tower sites
for co-location of antennas as a primary option rather than the construction
of additional single-use towers;
(e)
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;
(f)
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;
(g)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
(h)
Consider the public health and safety of communications towers; and
(i)
Avoid substantial detriment to the public good and not substantially
impair the intent and purpose of zoning.
(2)
In
furtherance of these goals, the Township of Mine Hill shall give due
consideration to the Township of Mine Hill's Master Plan, Zoning Map,
existing land uses and environmentally sensitive areas, including
but not limited to view corridors, 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 New Jersey Supreme Court, in Smart SMR
of New York, Inc., v. Borough of Fair Lawn Board, 152 N.J. 309 (1998),
has declared that wireless telecommunications facilities are not inherently
beneficial uses and that the facility use must be particularly suited
for the proposed site.
B.
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)
Satellite dish antennas. This section shall not govern any parabolic
satellite antennas. However, dish antennas on a tower are prohibited
in favor of other forms of antennas, such as whip antennas.
C.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
an accessory use when located on municipal property; otherwise, they
are to be considered principal uses.
(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 Planning Board an inventory of all existing
towers (both those controlled by the applicant as well as their competitors),
antennas, or sites approved for towers or antennas, that are either
within the jurisdiction of the Township of Mine Hill or within three
miles of any border of the Township thereof, including specific information
about the location, height, and design of each tower. The Zoning Officer
shall 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 Mine
Hill; 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 surrounding
buildings and any sight vistas 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 Planning Board must cause the least disturbance to the surrounding
views.
(6)
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 Mine Hill 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.
(7)
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.
(8)
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 Mine
Hill shall have been obtained and shall file a copy of all required
franchises with the Zoning Officer.
(9)
Signs. No signs shall be allowed on an antenna or tower.
(10)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(11)
Multiple antenna/tower plan. The Township of Mine Hill encourages
and mandates the users of towers and antennas to co-locate antennas
where technically, practically and economically feasible. Applications
for approval of co-location sites shall be deemed to have satisfied
the purposes of this section.
(12)
At the time of application, the tower construction/owner shall
be required to submit computer-enhanced photos showing how the tower
will reflect upon the surrounding properties/geographic area.
(13)
All towers shall be equipped with anti-climbing devices to prevent
unauthorized access to the tower and the antennas located thereon.
(14)
All towers and appurtenances shall be required to have their
wiring for such necessities as telephone and electricity (for example)
placed underground to the site and tower/appurtenant buildings.
(15)
Any towers constructed within the Township shall, if required
by the Township, have placed upon such tower any emergency sources
antenna required by the Township for its use at no cost to the Township.
(16)
Design details.
(a)
Any proposed new tower shall be of a monopole variety, unless
the applicant can demonstrate, and the Planning Board agrees, that
a different type of pole is necessary for the co-location of additional
antennas on the tower.
(b)
No antenna shall be located on any tower in order to provide
noncellular telephone service. Such service shall be provided via
existing telephone lines if available to the site or by the underground
extension of telephone lines to the site if necessary.
(17)
Land disturbance. The applicant shall be required to demonstrate
that the extent of disturbance shall be the minimum required for the
construction of the tower and all the pertinent structures thereto.
Said information shall be submitted in a format that is acceptable
to the Township Engineer for review. The applicant shall be required
to minimize disturbance by use of appropriate engineering devices,
including, but not limited to, fences, retaining walls, and the like.
(18)
Access. The applicant shall demonstrate to the approving Board
that the driveway access shall be sufficient to provide safe and efficient
access to and from the site. However, the applicant shall be authorized
to utilize driveway standards of the Township of Mine Hill to meet
the access requirements.
D.
Permitted uses.
(1)
General. The uses listed in this section are deemed to be permitted
uses in all nonresidential zones and shall not require a conditional
use permit or variance application.
(2)
Permitted uses. The following uses are specifically permitted:
antennas or towers located on property owned, leased, or otherwise
controlled by the Township of Mine Hill of five or more acres, provided
a license or lease authorizing such antenna or tower has been approved
by the Township of Mine Hill. However, the Township shall, 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. The Township, in its absolute discretion, reserves
the express right to deny any and/or all use of its property for antennas
or towers.
(3)
The Township encourages the concept of co-location.
E.
Conditional use permits and variance application.
(1)
List of conditional uses. Towers shall be authorized as conditional
uses on all nonresidential property in the Township of Mine Hill,
subject to the following conditions:
(a)
Existing and new towers. Antennas on existing towers shall be
consistent with the terms below. In fact, the Township encourages
the concept of co-location. An antenna may be attached to an existing
tower in any district, and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, co-location of antennas
by more than one carrier on existing towers shall take precedence
over the construction of new towers, provided such co-location is
accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower, unless the Planning Board allows reconstruction
as a monopole.
[2]
On-site location.
[a]
A tower which is being rebuilt to accommodate the
co-location of an additional antenna may be moved on site within 50
feet of its existing location.
[b]
After the tower is rebuilt to accommodate co-location,
only one tower may remain on the site.
[c]
A relocated on-site tower shall continue to be
measured from the original tower location for purposes of calculating
required separation distances between towers. The relocation of a
tower hereunder shall in no way be deemed to cause a violation of
this section.
[3]
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,
all nonappurtenant buildings, and street right-of-way lines.
[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.
[4]
Security fencing. Towers shall be enclosed by security fencing
not less than eight feet in height and shall also be equipped with
appropriate anti-climbing measures.
[5]
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 residences or planned residences. The standard buffer
shall consist of a landscaped strip at least 10 feet wide outside
the perimeter of the compound.
[b]
In locations where the visual impact of the tower
would be minimal, the landscaping requirement may be reduced.
[c]
Existing mature tree growth and natural landforms
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 perimeter may be sufficient buffer.
[6]
General requirements. The following provisions shall govern
the issuance of conditional use permits or variances for towers or
antennas by the Planning Board:
[a]
If the tower or antenna is not a permitted use
under 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 Mine Hill Township.
[b]
In granting a conditional use permit or variance,
the Planning Board may impose conditions to the extent the Planning
Board concludes such conditions are necessary to minimize any adverse
effect of the proposed tower on adjoining properties.
[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]
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Township of Mine Hill and subject to the provisions of Subsection D of this section.
[e]
The application fee and escrows shall be paid as
required herein.
F.
Submission requirements.
(1)
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:
(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 (including when adjacent to other municipalities),
and all properties within the applicable required separation distances
adjacent to 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 Planning Board
to be necessary to assess compliance with this section.
(b)
Legal description of the entire tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
(d)
The separate distance from other towers described in the inventory
of existing sites 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, including,
but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
(f)
Method of fencing and finished color and, if applicable, the
method of camouflage.
(h)
A notarized statement by the applicant as to whether construction
of a tower will accommodate co-location of additional antennas for
future users.
(i)
Identification of the entities providing the network for the
tower(s) described in the application and other cellular sites owned
or operated by the applicant in the Township.
(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 feasibility of locations of future towers
or antennas within the Township based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
(l)
In order to provide evidence that the proposed location of the
proposed tower(s) (and proposed antennas and ancillary building enclosing
related electronic equipment) have been planned to result in the fewest
number of tower locations within Mine Hill Township at the time full
service is provided by the applicant throughout the Township, the
applicant shall provide an overall comprehensive plan indicating how
it intends to provide full service throughout Mine Hill Township.
Essentially and summarily, the overall comprehensive plan shall indicate
the following:
[1]
How the proposed location of the proposed tower relates to the
location of any existing towers within and near the Township;
[2]
How the proposed location of the proposed tower relates to the
anticipated need for additional towers within and near the Township
by the applicant and by other providers of cellular communications
services within the Township;
[3]
How the proposed location of the proposed tower(s) relates to
the objective of co-locating the antennas of many different providers
of cellular communications services on the same tower; and
[4]
How the proposed location of the proposed tower(s) relates to
the overall objective of providing full cellular communications services
with the Township, while at the same time limiting the number of towers
to the fewest possible.
(m)
A visual study depicting where, within a one-mile radius measured
at ground level, any portion of the proposed tower could be seen.
(n)
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.
(o)
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 for the search area for the
towers.
(2)
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 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 Planning Board 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 wire line system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures on rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than eight 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 be located in accordance with the minimum accessory
structure requirements of the zoning district in which it is located,
and the building shall be constructed aesthetically to be compatible
with the surrounding character of the neighborhood.
(3)
Structures or cabinets shall be screened from view of all properties
which abut or are directly across the street from the structure or
cabinet by a security fence eight feet in height and an evergreen
hedge with an ultimate height of eight feet and a planned height of
at least six feet.
H.
Removal of abandoned antennas and towers. An antenna or tower that
is not in use or operation for its intended and approved purpose for
a continuous period of six months shall be considered abandoned ("no
longer operative"), and the owner of such antenna or tower shall remove
the same within 60 calendar days of the mailing of notice to the owner
of such determination. If not removed within that time period, it
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
requirement that the property owner be required to remove the tower
and restore the property as determined by the Township Engineer when
the last user of said tower will no longer actively need the tower
for its communications system.
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 Planning Board and without having to meet the separation
requirements hereinabove specified. 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.
A.
Minimum lot area: 40,000 square feet.
B.
Minimum front yard: 40 feet.
C.
Minimum side yard: 20 feet total; two side yards: 50 feet.
D.
Minimum rear yard: 50 feet.
E.
Maximum percentage of lot coverage: 65%.
F.
Maximum height in feet: 28 feet.
G.
There shall be no structures, including canopies, within 40 feet
of the right-of-way line. When located adjacent to a residential zone,
there shall be a professionally landscaped buffer area of 25 feet.
H.
As measured from the right-of-way line, the first 25 feet of the
front yard area shall have a professionally landscaped area.
I.
(Reserved)
J.
Small
wireless facilities deployment.
[Added 6-17-2021 by Ord. No. 06-21]
(1)
PERSONAL WIRELESS SERVICES
PUBLIC RIGHT-OF-WAY
SMALL WIRELESS FACILITY
SMART POLE
UTILITY POLE
Definitions. For the purposes of this subsection, all definitions
of words, terms and phrases that are set forth in the Communications
Act of 1934, P.L. 73-416, as amended by various statutory enactments
including, but not limited to, the Telecommunications Act of 1996
P.L. 104-104, the Middle-Class Tax Relief and Job Creation Act of
2012, P.L. 112-96, as codified in 47 U.S.C. § 1401, Code
of Federal Regulations at 47 CFR § 1.6002, the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this Code are
incorporated herein and are made a part hereof. In addition to the
foregoing, the following words, terms and phrases shall have the meanings
indicated unless an alternate meaning clearly is discernible from
the context in which the word, term or phrase is used:
"Personal wireless services," as defined in 47 U.S.C. § 332(c)(7)(C),
as supplemented and/or as amended.
The surface, the airspace above the surface and the area
below the surface of any street, road, highway, lane, alley, boulevard
or drive, including the sidewalk, shoulder and area for utilities
owned or accepted by the Township.
"Small wireless facility," as defined in the Code of Federal
Regulations at 47 C.F.R. § 1.6002(1), as supplemented and/or
as amended, and is limited to personal wireless services.
A decorative utility pole that conceals, disguises or camouflages
one or more small wireless facility installation(s) and may include
other features such as street lighting, 911 call service access, public
access wi-fi and surveillance cameras. A smart pole must allow for
multiple occupants and allow space for municipal use for other services
and/or equipment. Smart poles shall neither have external latches,
external hinges, nor external cabling. The pole should be made of
an inherently rust-resistant material (i.e., aluminum alloys or stainless
steel).
A wooden or metal pole that is used by public utilities to
support electrical wires, telephone wires, coaxial cables, fiber optic
cables and like and similar appurtenances.
(2)
Small wireless facility siting permit required; consent to use
rights-of-way required.
(a)
No person shall place a small wireless facility in any right-of-way
without first filing a small wireless facility siting permit application,
in accordance with the procedures specified herein, with the Township
Zoning Officer and obtaining a siting permit therefore, except as
otherwise may be provided in this subsection. A permit authorizing
placement of a small wireless facility in a public right-of-way shall
not be issued by the Zoning Officer to any applicant unless:
[1]
All siting permit application fees and escrow fees, as established
herein, have been paid; and
[2]
All other governmental permits or other governmental approvals
that are required for the deployment(s) proposed by the applicant's
siting permit application under the New Jersey Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., Street Excavation and Opening
Permit (if applicable), and by any other applicable federal, state
or municipal law have been issued by the appropriate issuing authority
therefore to the applicant and the applicant has supplied copies of
such other permits or approvals to the Township for inclusion with
the applicant's application documents; and
[3]
Approval or permission from the owner of any utility pole or
infrastructure on which the small wireless facility will be placed.
[4]
The applicant has entered into a right-of-way use agreement
with the Township as approved by the Township Council. The Township
Clerk shall maintain on file the currently approved right-of-way use
agreement version and shall provide a copy to all siting permit applicants.
Minor deviations to the terms and conditions may be approved by Township
Council at the time that it grants consent to use a right-of-way to
a permit applicant.
(b)
No siting of a small wireless facility shall be permitted within
200 feet of another small wireless facility unless a variance is granted
by the Planning Board. It must be established by clear and convincing
evidence that co-location on an existing or previously approved small
wireless facility is not feasible. Any claims of carriers of technical
incompatibility or inability to collocate need to be proven by the
carrier, not disproven by the municipality. Responsibility for judging
proof of said claims lies solely with the Township Planning Board.
(3)
Installation of new structures; installation on existing structures.
(a)
No application for a small wireless facility siting permit shall
be approved by the Zoning Officer unless the application proposes
the deployment of a small wireless facility upon an existing structure
or utility pole in a right-of-way.
(b)
No new structure shall be installed for supporting a small wireless
facility unless it is within a Township right-of-way.
(c)
Any new structure installed for supporting a small wireless
facility shall be a Township approved "smart pole."
(4)
Siting permit application process.
(a)
Application filing. An application for a siting permit to place
one or more small wireless facilities within a right-of-way shall
be made on forms which shall be available from the office of the Township
Clerk. The application, along with the required application fee and
the required escrow fee, shall be filed with the Township Clerk. Upon
receipt of an application and fees, the Township Clerk shall provide
copies of the application and all supporting documents that were submitted
by the applicant with the application to the Township Zoning Officer,
Township Engineer, and the Township Construction Code Official.
(b)
Application form. The small wireless facility siting permit
application shall be made by a provider of personal wireless services,
or its duly authorized representative as noted in a notarized statement
from the provider of personal wireless services on whose behalf the
representative is acting, and shall contain the following:
[1]
The applicant's name, address, telephone number and e-mail address;
[2]
The names, addresses, telephone numbers, and e-mail addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application;
[3]
A general description of the proposed small wireless facility,
existing structure and new structure work to be performed. The scope
and detail of such description shall be appropriate to the nature
and character of the work to be performed, with particular emphasis
on those matters, including, but not limited to, subservice utilities
likely to be affected or impacted by the work proposed along with
a description of such other governmental permits or approvals as may
be required by applicable law with respect to the proposed installation(s)
and a description of such other permits or approvals for which the
applicant has applied;
[4]
Authorization for any consultant acting on behalf of the applicant
to speak with the Township and the Township's representatives on the
area of consultation for the applicant even if the applicant cannot
be available;
[5]
Verification from an appropriate professional that the small
wireless facility shall comply with all applicable federal, state
and local laws, administrative regulations and codes;
[6]
The applicant shall certify that they shall market the availability
of approved facilities to all major wireless carriers in the marketplace.
The applicant shall further certify that they will encourage, manage
and coordinate the location and placement of any interested carrier's
equipment on their structure.
(c)
An applicant seeking to deploy a network of small wireless facilities
on existing utility poles or structures within the Township's rights-of-way,
may file a batched application for up to 10 small wireless facilities
and receive a single siting permit for multiple small wireless facilities.
(5)
Procedure on permit application; no exclusive rights.
(a)
The Township shall review the application for a small wireless
facility siting permit in light of its conformity with the provisions
of this subsection, and shall approve a siting permit on nondiscriminatory
terms and conditions subject to the following requirements:
[1]
Within 10 days of receiving an application, the Township Zoning
Officer shall determine and notify the applicant:
[a]
Whether the application is complete;
[b]
If the application is incomplete, what specific
information is missing; and
[c]
Whether the deployment of the small wireless facilities
as proposed requires the applicant to apply for other permits, such
as a street opening permit or construction permit or land use approval,
for which the applicant has not yet applied. No small wireless facility
siting permit application shall be deemed complete until the applicant
has applied for all other permits and approvals required by all other
laws and regulations that are applicable to the applicant's proposed
small wireless facility deployment.
[2]
The Township shall make its final decision to approve or deny
the application within the following time frames:
[a]
Sixty days from the submission of a complete application
to install a small wireless facility upon one or more existing structures.
[b]
Ninety days from the submission of a complete application
to install a small wireless facility upon one or more new structures.
[c]
Ninety days from the submission of a complete batched
application to install small wireless facilities upon both existing
structures.
[d]
The time frames described above by which an application
shall be either approved or denied may be extended by mutual consent
of the applicant and the Township.
(b)
The Township Zoning Officer shall notify the applicant in writing
of the final decision, and if the application is denied, specify the
basis for denial.
(c)
Notwithstanding an initial denial, the applicant may cure any
deficiencies identified by the Township within 30 days of the denial
without paying an additional application fee, provided the Township
Zoning Officer shall approve or deny the revised application within
30 days of receipt of the amended application which shall be to the
deficiencies specified in the original notice of denial.
(d)
If the Township fails to act upon an application within the
time frames prescribed by this section, the applicant may provide
written notice to the Township that the application review and decision
period has lapsed. Upon receipt of such notice, the Township Council,
by resolution adopted no later than its second regularly scheduled
public meeting next following receipt of the notice, shall either
deny the application or direct that the siting permit shall be approved
and issued. Nothing in this subsection is intended in any way to impact
any other right or remedy that may be available to the applicant under
applicable federal or state law if the Township fails to act upon
an application within the time frames prescribed by this section.
(e)
A siting permit from the Township authorizes an applicant to
undertake only certain activities in accordance with this subsection.
No approval or consent granted, or siting permit issued, pursuant
to this subsection shall confer any exclusive right, privilege, license
or franchise to occupy or use any public right-of-way within the Township
for the delivery of telecommunications services or for any other purpose.
(6)
Duration. No siting permit issued under this subsection shall
be valid for a period longer than 12 months unless construction has
actually begun and continuously and diligently is pursued to completion.
Upon written request from the applicant, the Township Council may
extend the siting permit for a period of up to 12 months so long as
construction has begun at the time that the applicant's request for
an extension is made.
(7)
Routine maintenance and replacement. A small wireless facility
siting permit shall not be required for:
(8)
Application fees. All applications for approval and issuance
of a small wireless facility siting permit pursuant to this subsection
shall be accompanied by a fee as follows:
(a)
For applications that do not include the installation of any
new structures within a right-of-way the application fee shall be
$500 for up to five small wireless facilities with an additional $100
for each small wireless facility beyond five.
(b)
For applications that include the installation of a new structure
within a right-of-way the application fee shall be $1,000 for up to
five small wireless facilities with an additional $100 for each small
wireless facility beyond five.
(9)
Escrow fees for third-party professionals and consultants. In
addition to the application fee, all applications for approval and
issuance of a small wireless facility siting permit shall be accompanied
by an escrow fee as follows:
(a)
For applications whose proposed small wireless facility deployment(s)
will not require a street opening permit or new structure: $5,000.
(b)
For applications whose proposed small wireless facility deployment(s)
will require a street opening permit or new structure: $7,500.
(c)
The escrow account deposits are required to pay for the costs
of professional services, including engineering, planning, legal and
other third-party professional consulting expenses connected with
the review of submitted materials, including any traffic engineering
review or other special analyses related to the Township's review
of the materials submitted by the applicant and the preparation of
any reports or any necessary legal agreement regarding rights-of-way
use. An applicant is required to reimburse the Township for all fees,
costs and expenses of third-party professionals and consultants incurred
and paid by the Township for review process of a small wireless facility
siting permit application, such as, but not limited to: (1) professional
fees for reviews by third-party professionals or consultants of applications,
plans and accompanying documents; (2) issuance of reports or analyses
by third-party professionals or consultants to the Township setting
forth recommendations resulting from the review of any documents submitted
by the applicant; (3) charges for any telephone conference(s) or meeting(s),
including travel expenses, requested or initiated by the applicant,
the applicant's attorney or any of the applicant's experts or representatives;
(4) review of additional documents submitted by the applicant and
issuance of reports or analyses relating thereto; (5) review or preparation
of right-of-way use agreements, easements, deeds, right-of-way municipal
consent ordinances or resolutions and any and all other like or similar
documents; and (6) preparation for and attendance at all meetings
by third-party professionals or consultants serving the Township,
such as the Township Attorney, Township Engineer and Township Planner
or other experts as required. The escrow account deposits shall be
placed in a separate account by the Township's Chief Financial Officer.
(10)
Municipal access to new structures. An applicant who installs
any new smart pole structure shall provide the Township with access
to any of the technological features that are a component of the new
smart pole structure such as, for example, public access Wi-Fi, 911
call service or security cameras, before the applicant offers such
access to any other person or entity. Should the Township decide to
utilize any such technological features then the Township, on an annual
basis, shall reimburse the applicant or the subsequent owner of the
structure the costs of providing electricity to the components used
by the Township and the costs of any repairs required to be made to
the components used by the Township, unless the repair costs are necessitated
by the acts of the applicant or subsequent owner of the structure,
without regard to whether such acts are negligent or intentional.
A.
Outside storage is only permitted in the rear yard area if there
is a building on the lot.
B.
There is to be no display of merchandise within the front yard setback.
C.
When abutting a residential zone, any areas of outside storage must
be buffered from adjacent residences with a buffer area that is double
the minimum required buffer for the zone.
D.
Minimum lot area: 40,000 square feet.
E.
No materials may be stored within 50 feet of any side or rear yard.
[Added 3-6-2014 by Ord.
No. 07-14]
A.
Conditional use requirements. The following are the conditional use
requirements for planned age-restricted communities, the deviation
from which would require a special reasons "D" use variance from the
Planning Board pursuant to N.J.S.A. 40:55D-70d:
(1)
Minimum tract area: five acres.
(2)
Maximum density. The density shall not exceed six dwelling units
per gross acre of the tract. For the purpose of this requirement,
internal streets, roads and rights-of-way shall be included in the
gross tract acre calculations.
(3)
Permitted dwelling unit types. The dwelling unit buildings shall
be limited to duplexes, townhouses, townhouse-duplex combinations,
patio houses, zero-lot-line dwellings, stacked multistory buildings
not exceeding three stories or 40 feet in height, or any combination
thereof.
(4)
Permitted accessory uses. Accessory uses shall be limited to
the following:
(a)
Community center for the use of residents of the planned age-restricted
community.
(b)
Recreational facilities and uses, including buildings for recreational
activities, biking paths, walking paths, tennis courts, shuffleboard
courts, exercise facilities, gazebo, swimming pools, picnic areas,
gardens and similar recreational improvements related to the planned
age-restricted community.
(c)
Administration and maintenance buildings.
(d)
Fences, signs, and entry features, including gatehouses and/or
secured entries.
(e)
Off-street parking, including attached or detached garages.
(f)
Public utilities and essential services.
(g)
Other uses customarily incidental and accessory to planned age-restricted
communities.
(5)
Age restrictions for dwelling unit occupancy. Approval of a
planned age-restricted community shall require the placement of restrictive
covenants, in a manner satisfactory to the Planning Board Attorney,
on the deeds to all portions of a tract to insure that occupancy will
be limited to at least one member of the household 55 years of age
or older with no children under 19 years of age in permanent residence,
pursuant to Federal Fair Housing Act.
B.
Area, yard, bulk and architectural requirements. The following are
the area, yard, bulk and architectural requirements for planned age-restricted
communities. The following requirements shall not be considered to
be conditional use requirements, and relief therefrom shall not require
a "D" variance from the Planning Board:
(1)
Application of area, yard and bulk requirements to individual
dwelling lots. In any planned age-restricted community, a dwelling
unit may or may not be located on an individual lot. Individual lots
may be created without regard to area or other bulk requirements,
provided that all required setbacks from the tract boundary, from
streets and between buildings shall be complied with. Building coverage,
improved coverage and open space requirements shall be calculated
only for the entire tract.
(2)
Minimum building setback from tract boundary. All buildings
shall be located at least 50 feet from any tract boundary, including
any exiting public roadway located along the exterior of the lot or
tract, except that a gatehouse may be located within 20 feet of any
portion of the tract boundary that abuts a street right-of-way. The
gatehouse shall not be located in the right-of-way of any street or
road to be dedicated to the Township.
(3)
Minimum building setback from interior streets. All buildings
shall be located a minimum of 20 feet from the curbline of any street
located within the tract boundaries, except where contiguous sidewalks
and off-street parking spaces are provided, in which case the twenty-foot
building setback shall be measured from the inside edge of the sidewalk.
(4)
Minimum distance between principal buildings. In the planned
age-restricted community, the following shall be the minimum distance
between buildings:
(a)
The front of one building to the front of another building:
75 feet.
(b)
The front of one building to the side of another building: 40
feet.
(c)
The front of one building to the rear of another building: 75
feet.
(d)
The side of one building to the side of another building (other
than an attached unit): 20 feet.
(e)
The side of one building to the rear of another building: 40
feet.
(f)
The rear of one building to the rear of another building: 60
feet.
(5)
Buffer areas. The applicant shall maintain a buffer area along the tract boundary that shall not be less than 40 feet deep, except where adjacent to publicly owned parklands or preserved open space, in which instance the required buffer shall not be less than 10 feet deep, all as regulated by Subsection C(4).
(6)
Permitted projections. Chimneys, bay windows, overhangs and
other building protrusions shall be permitted to encroach up to four
feet, and decks and patios shall be permitted to encroach up to 10
feet within the required setbacks from the tract boundary and within
the required areas between buildings. No such projections or encroachments,
however, shall be permitted within required buffer areas, and no overhang,
deck or patio shall be permitted to encroach within the required setback
from interior streets.
(7)
Maximum building coverage. The maximum coverage for all buildings
on the tract shall be 25%.
(8)
Maximum improved coverage of the tract. The maximum improved
coverage by all buildings and man-made improvements on the tract shall
be 60%.
(9)
Common open space. At least 25% of the total land area of the
tract within the PARC District shall be designed for and devoted to
common open space. In computing the 25% requirement, common recreation
areas accessory to the residential use and required buffer areas shall
be included, as well as the community building and any paved areas
or buildings devoted to open space and recreational use. Excluded
from the 25% requirement shall be dwelling unit buildings, roadways,
parking areas not reserved for the community building and accessory
recreational facilities, and any area located within 10 feet of such
buildings, roadways and parking areas.
(10)
Maximum building height. The maximum height of all buildings
shall be three stories or 40 feet, whichever is less. In the event
that a walkout lower level is provided on the downhill side of a building,
such level shall not be considered a story for purposes of administering
this requirement. Building height shall be measured for each dwelling
unit and shall be measured from the average finished grade at the
base of each unit to the highest evaluation of the roof of such unit,
exclusive of chimneys, cupolas, antennas, vents, etc.
(11)
Architectural principles. Creative architectural design is favored.
However, to the greatest practicable extent, such creativity shall
be effected to foster and compliment a sense of order and organization
in the built environment instead of disjointed and haphazard development.
Every developer shall seek to design buildings in a manner which is
consistent with or complimentary of the prevailing and desirable patterns
in a particular community or neighborhood. The following criteria
shall be considered:
(a)
Where large structures are required, massing and blank walls
shall be avoided as much as possible and, where necessary, relieved
by variation and architectural relief and details. Excessively expansive
blank walls are prohibited. Building designs should incorporate details
such as masonry chimneys, cupolas, dormers, and similar features of
architectural appeal. Architectural treatments shall be applied to
all exposed surfaces, inclusive of exposed foundation walls on walkout
buildings.
(b)
Mechanical equipment or other utility hardware on roofs, the
ground, or buildings shall be screened from public view with materials
harmonious with the building, or they shall be so located so as not
to be visible from any public ways.
(c)
Building components, such as windows, doors, eaves and parapets,
shall be in proportion to one another.
(d)
Roof shape and material shall be architecturally compatible
with the rest of the building and shall reflect surrounding patterns.
Unless necessary pursuant to construction, architectural, engineering
or safety standards, flat roofs shall be prohibited. Mansard roofs
are discouraged except to soften or otherwise improve the appearance
of a predominantly flat roof. Gable, hip, and gambrel roofs are favored.
(e)
Materials shall be selected for suitability to the type of buildings
and the design in which they are to be used. Buildings shall have
the same materials, or those that are architecturally harmonious,
used for all building walls and other exterior building components
wholly or partly visible from public ways.
(f)
Colors shall be selected to be harmonious. Only compatible accent
colors shall be used. Building colors should reflect earth tones or
historical colors. Accent or complimentary colors, harmonizing with
the main color, may be used for trim, awnings and other accents. Metal
awnings are prohibited.
(g)
Exterior lighting shall be designed to enhance the building
design and the adjoining landscape. Lighting features and fixtures
shall be of a design and size compatible with the building and adjacent
areas.
C.
Additional requirements for planned age-restricted community. In addition to the conditional use requirements set forth in Subsection A and the area, yard and bulk requirements in Subsection B above, the following additional requirements shall apply to any planned age-restricted community. The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a "D" variance from the Planning Board:
(1)
Street requirements. The requirements of N.J.A.C. 5:21 et seq.
(Residential Site Improvement Standards) shall govern the design of
streets.
(2)
Off-street parking requirements. Within the planned age-restricted
community, parking spaces shall be provided for each dwelling unit
in accordance with N.J.A.C. 5:21 et seq. (Residential Site Improvement
Standards).
(3)
Emergency facilities. Any planned age-restricted community shall
be suitably designed to facilitate emergency access by police, firefighting
and ambulance service vehicles.
(4)
Buffer areas.
(a)
No use or structure shall be permitted within the required buffer
area except for the following, and only when it is demonstrated by
the developer that such use and/or structures must be located within
the buffer area in order to reasonably accommodate the permitted development.
In the event such structures reduce the effectiveness of the required
buffer below that intended by this section, the Planning Board may,
at its discretion, require supplemental planting or screening methods
within or outside the required buffer area.
(b)
Buffer area depth shall be measured horizontally and at right
angles to a lot or street line or the tangent line of a curved lot
or street line.
(c)
Within the open space buffer, the developer shall maintain a
landscape screen containing mixed deciduous and coniferous trees and
shrubs of sufficient density to provide a year-round visual screen.
(d)
Except for existing preserved or transplanted vegetation, evergreen
trees shall be a minimum of six feet in height when installed. All
deciduous trees shall be 2 1/2 inches in caliper when installed.
At least 25% of all deciduous trees shall be of a species native and
indigenous to the area. Shrubs used in screen planting shall be at
least two feet in height when installed. All plant material, except
preserved vegetation or vegetation transplanted from within the tract,
shall be nursery stock and shall be free of insects, disease, deformities
and damage. Any plant material that does not survive in vigorous conditions
shall be replaced within two years or two growing seasons of installation,
at the discretion of the Planning Board.
(5)
Utility and drainage improvements. The planned age-restricted
community shall be served by public water and public or DEP-approved
on-site sanitary sewerage systems. All utility improvements, including
but not necessarily limited to storm drainage systems, sanitary sewerage
collection and disposal systems, water supply and distribution systems,
gas, electric, telephone and cable television utilities, shall be
subject to review and approval by the Township in accordance with
the standards and procedures established at N.J.A.C. 5:21 et seq.
(Residential Site Improvement Standards), by the New Jersey Department
of Environmental Protection and appropriate county and other state
agencies, where applicable. Water supply and distribution facilities
shall also be subject to review and approval by the Township Engineer,
Fire Official and Water Department.
(6)
Fences and walls. Fences, walls, and retaining walls shall be
permitted in required yards, as approved by the Board, provided that
no fence or freestanding wall shall exceed six feet in height, unless
located in the front yard between a principal building and any street
or roadway, in which case no fence or freestanding wall shall exceed
four feet in height. Retaining walls may exceed six feet in height,
provided that the Planning Board may, in appropriate situations, require
such walls to be terraced and/or landscaping to be planted in front
of such walls in order to reduce their visual impact.
(7)
Signs. One two-sided project sign shall be permitted. The sign
shall be ground mounted and located at least 20 feet from the curbline
of any street. The area of each side of the sign shall not exceed
32 square feet. Any lighting of the sign shall be designed to avoid
glare. The color, design and material of the sign shall be reflective
of the color, design and material of the residential buildings on
the site.
(8)
Accessibility for the handicapped. The development shall be
designed in accordance with the applicable standards for accessibility
and/or occupancy by handicapped persons promulgated by the federal
government or the State of New Jersey or through their respective
departments or agencies having jurisdiction in such matters.
(9)
Community building. The community may have a community building
that may include, but not be limited to, a kitchen, offices, recreation
and social activity rooms, and a multipurpose room designed for social
activities. The following requirements shall apply to the community
building facility:
(a)
The height of the community building shall not exceed two stories
or 35 feet. The community building shall provide a minimum of 1,500
total square feet or 20 square feet of floor space per housing unit,
whichever is greater.
(b)
One parking space for every six dwelling units shall be provided
at the community building. Parking for the disabled shall be provided
as required by state and federal law.
(c)
No more than 50% of the dwelling units shall receive certificates
of occupancy unless and until the community building shall have been
completed and open to residents of the community.
(10)
Gatehouse. One gatehouse shall be permitted. The height of the
gatehouse shall not exceed 18 feet. The gross floor area of the gatehouse
shall not exceed 300 square feet. The color, design and material of
the gatehouse shall be reflective of the color, design and materials
of the residential buildings on the site.
(11)
Homeowners'/condominium association. The applicant shall establish
a homeowners' or condominium association for the planned age-restricted
community. The documents establishing and governing the homeowners'
or condominium association shall be submitted with the development
application for the review and approval of the Planning Board. The
association shall own and be responsible for the maintenance, repair
and reconstruction of all commonly owned buildings, facilities and
lands. At a minimum, all such lands shall include recreational areas,
open space, and drainage facilities required by the Planning Board.
Notification of the ownership and maintenance responsibilities of
the homeowners' association for all recreation, security facilities
and undeveloped open space shall be included in the contract of sale
and deed of each residence.
[Added 2-21-2019 by Ord.
No. 04-19]
A.
Conditional use requirements. The following are conditional use requirements
for multifamily inclusionary communities (MFIC-1), the deviation from
which would require a 'd' variance from the Planning Board pursuant
to N.J.S.A. 40:55D-70d et seq.:
(1)
Minimum tract area: six acres.
(2)
Maximum density: the density shall not exceed 8.0 units per
gross acre of land.
(3)
Permitted principal uses: apartment units as defined in § 310-4 of the Code of the Township of Mine Hill.
(4)
Permitted accessory uses:
(a)
Streets, roadways and driveways.
(b)
Off-street surface parking and attached or detached garages.
(c)
Sanitary sewer pump stations.
(d)
Stormwater management facilities.
(e)
Site identification signs.
(f)
Trash enclosures.
(g)
Site utilities.
(h)
Construction office and/or trailer for the duration of the construction
of the project.
(i)
Recreational facilities and uses including walking paths, recreational
furniture, exercise facilities, tot lots, and other recreational facilities
typically associated with a multifamily residential development.
(j)
Community mailboxes.
(k)
Other uses customarily incidental and accessory to a multi-family
residential development.
(5)
Affordable housing units: The total number of affordable housing
units that shall be constructed shall be 20% of the total number of
units approved by the Planning Board. All affordable units shall comply
with the Township's Affordable Housing Ordinance, the Uniform Housing
Affordability Controls UHAC, applicable COAH affordable housing regulations
including but not limited to phasing and bedroom distribution requirements,
any applicable order of the Court, and other applicable laws.
(6)
All development on Lot 1 in Block 2004 shall be served by public
water and sewer facilities.
(7)
The maximum building height shall be 48 feet.
(8)
The maximum number of stories of a building shall be four.
B.
Area, yard, bulk and architectural requirements. The following are
the area, yard, bulk and architectural requirements for multifamily
inclusionary communities (MFIC-1). The following requirements shall
not be considered to be conditional use requirements, and relief therefrom
shall not require a "d" variance from the Planning Board:
(3)
Accessory structure building height: Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.
C.
Additional requirements for multifamily inclusionary communities (MFIC-1). In addition to the conditional use requirements set forth in Subsection A and the area, yard and bulk requirements in Subsection B above, the following additional requirements shall apply to any multifamily inclusionary communities (MFIC-1). The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require 'c' or 'd' variances from the Planning Board:
(1)
Parking requirements:
(a)
Parking for the apartment units shall be provided in accordance
with the requirements in the Residential Site Improvement Standards
(N.J.A.C. 5:21-4.14 et seq.).
(b)
Parking stalls for guests and visitors must be provided in addition to that required under Subsection C(1)(a) above. Guest and visitor parking shall be provided at a rate of 0.2 parking stalls per apartment unit.
(c)
Off-street surface parking areas shall be setback from the tract
boundary at least 40 feet.
(d)
Off-street surface parking areas facing external property lines
shall be screened with landscape materials to prevent headlight glare
from projecting off-site.
(2)
Permitted signage:
(a)
One monument sign adjacent to the site entrance at Hurd Street
identifying the name of the development is permitted.
(b)
The total area of the monument sign, including the sign face,
shall be limited to 32 square feet.
(c)
The height of the sign shall not exceed eight feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from the
Hurd Street right-of-way line and not be located within any sight
triangles established at the intersection of the entrance road with
Hurd Street.
(e)
Monument signs shall be set back from sidelines a minimum of
25 feet.
(f)
Monument signs may be lit, but only in compliance with the requirements in § 310-236 of the Land Use Ordinance.
(g)
Directional signage and street signage within the site is permitted
if approved by the Planning Board as part of the site plan review.
(h)
Building signage identifying the building name or number and/or
the addresses of units within the building are permitted if approved
by the Planning Board as part of the site plan review.
(i)
Temporary sales signage is permitted during the construction
period within the site if approved by the Planning Board as part of
the site plan review. Temporary signage must be shown on the site
plan submitted to the Planning Board for the project.
(4)
Landscaping:
(a)
The application shall include professionally designed and executed
landscaping for the project.
(b)
Landscaping shall include shade trees, flowering trees and shrubs,
evergreens, decorative grasses, annual and perennial flowering plants,
ground covers and lawns.
(c)
Shade trees shall be provided along external streets and internal
roadways and parking areas.
(d)
Appropriate shade tree species shall be planted at a maximum
spacing of 50 feet.
(e)
Tree spacings may be modified to accommodate utilities, lighting,
drainage facilities, rock outcroppings and other similar features.
(f)
Areas not utilized for parking areas, driveways, streets and
roads, recreational facilities, patios or terraces shall be provided
with lawns or other suitable ground cover, trees and shrubs, or left
undisturbed and preserved in its natural vegetative state.
(5)
Buffer requirements:
(a)
The need for any buffers between buildings and site improvements
and the external property lines shall be determined during site plan
review. The minimum width of any buffer determined to be required
by the Planning Board shall be 25 feet.
(b)
Proposed buffer plantings, if required, shall be arranged in
a natural staggered pattern and shall not be lined up in straight,
single rows. Buffer plantings may include deciduous and evergreen
trees and shrubs, flowering plants, lawns and groundcovers.
(c)
The Planning Board may require, however, that the buffer area
be maintained in its natural state if a site inventory of existing
vegetation reveals that the existing vegetation is suitable as a landscaping
screen.
(6)
Lighting requirements:
(a)
The location, spacing and quantity of site lighting provided
shall be that which is necessary to meet the lighting area standards
described herein.
(b)
Where located along roads and driveways, lighting shall be provided
at a maximum spacing of 150 feet apart.
(c)
The spacing of the lighting may be modified to accommodate utilities,
drainage facilities, rock outcroppings and other similar features.
(d)
Low-pressure sodium or mercury vapor lighting is prohibited.
(e)
Road and parking area lighting shall comply with the following
standards:
[1]
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, multifamily
housing or other uses having common off-street parking and/or loading
areas shall be adequately illuminated for security and safety purposes.
The lighting plan in and around the parking areas shall provide for
nonglare lights. The light intensity provided at ground level should
be indicated in footcandles on the submitted site plans, and should
be maintained at a minimum level of at least 0.5 footcandles at intersections,
and 0.3 footcandles elsewhere to be illuminated. Lighting shall be
provided by fixtures with a mounting height not more than 25 feet
or the height of the building, whichever is less, measured from the
ground level to the centerline of the light source.
[2]
Any outdoor lighting, such as building and sidewalk
illumination, driveway illumination, and the lighting of signs and
ornamental lighting, shall be shown on the lighting plan in sufficient
detail to allow a determination of the effects upon adjacent properties
and traffic safety. The objectives of these specifications is to minimize
undesirable off-premises effects. No light shall shine 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 shielding of lights and similar characteristics
shall be subject to site plan approval.
[3]
No lighting fixtures shall be within 10 feet of
the property line, except at entrances and along walkways.
(7)
Roadways, driveways and parking area requirements:
(a)
Roadways, driveways, and surface parking areas shall comply
with the requirements in the Residential Site Improvement Standards
(N.J.A.C. 5:21-4 et seq.).
(b)
Primary access to and from the apartment development shall be
from Hurd Street.
(c)
Sidewalks shall be constructed on at least one side of each
roadway and parking area within the development. The minimum width
of all sidewalks shall be four feet. Curb ramps that comply with applicable
accessibility guidelines shall be installed at all intersections where
sidewalks intersect with roadways.
(8)
Architectural requirements:
(a)
Where an apartment building has a length along any plane that
exceeds 100 feet, there shall be at least two setback changes along
the facade equal to or exceeding 1.5 feet. Where an apartment building
has a length along any plane that exceeds 150 feet, there shall be
at least three setback changes along the facade equal to or exceeding
1.5 feet. Apartment buildings that have a length along any plane exceeding
200 feet shall have four setback changes along the facade equal to
or exceeding 1.5 feet.
(b)
Wall offsets, where required, shall include projections such
as balconies, canopies, and recesses.
(c)
Dormers or gables shall be provided to add architectural interest
and variety to the building and relieve the effect of a single long
roof.
(d)
Fenestration shall be architecturally compatible with the style,
materials, colors, and details of the building. Windows shall be vertically
proportioned.
(e)
All building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, and railings. Such architectural elements shall not be subject to the minimum setback requirements outlined in § 310-186.1B(2) of the Land Use Ordinance.
(f)
Building construction and site development should incorporate
green development practices and strategies such as those suggested
by the USGBC through the Leadership in Environmental Education (LEED)
Program or the use of Energy Star® rated
materials and/or appliances. These practices and strategies may include
reuse of existing building materials, responsible disposal or recycling
of existing building materials and use of energy efficient HVAC units.
LEED or other outside agency approval is, however, not required as
part of this strategy.
(9)
Infrastructure maintenance requirements:
[Added 2-21-2019 by Ord.
No. 04-19]
A.
Conditional use requirements. The following are conditional use requirements
for multifamily inclusionary communities (MFIC-2), the deviation from
which would require a 'd' variance from the Planning Board pursuant
to N.J.S.A. 40:55D-70d et seq.:
(1)
Minimum tract area: four acres.
(2)
Maximum density: The density shall not exceed 15.0 units per
gross acre of land.
(3)
Permitted principal uses: Apartment units as defined in § 310-4 of the Code of the Township of Mine Hill.
(4)
Permitted accessory uses:
(a)
Streets, roadways and driveways.
(b)
Off-street surface parking and attached or detached garages.
(c)
Sanitary sewer pump stations.
(d)
Stormwater management facilities.
(e)
Site identification signs.
(f)
Trash enclosures.
(g)
Site utilities.
(h)
Construction office and/or trailer for the duration of the construction
of the project.
(i)
Recreational facilities and uses including walking paths, recreational
furniture, exercise facilities, tot lots, and other recreational facilities
typically associated with a multifamily residential development.
(j)
Community mailboxes.
(k)
Other uses customarily incidental and accessory to a multifamily
residential development.
(5)
Affordable housing units: The total number of affordable housing
units that shall be constructed shall be 15% of the total number of
units approved by the Planning Board in the event of rental units
and 20% of the total number of units approved by the Planning Board
in the event of for sale units. All affordable units shall comply
with the Township's Affordable Housing Ordinance, the Uniform Housing
Affordability Controls (UHAC), applicable COAH affordable housing
regulations including but not limited to phasing and bedroom distribution
requirements, any applicable order of the Court, and other applicable
laws.
(6)
All development on Lots 2-6 in Block 1303 shall be served by
public water and sewer facilities.
(7)
The maximum building height shall be 48 feet.
(8)
The maximum number of stories of a building shall be four.
B.
Area, yard, bulk and architectural requirements. The following are
the area, yard, bulk and architectural requirements for multifamily
inclusionary communities (MFIC-2). The following requirements shall
not be considered to be conditional use requirements, and relief therefrom
shall not require a "d" variance from the Planning Board:
(3)
Accessory structure building height: Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.
C.
Additional requirements for multifamily inclusionary communities (MFIC-2). In addition to the conditional use requirements set forth in Subsection A and the area, yard and bulk requirements in Subsection B above, any multifamily inclusionary communities (MFIC-2) shall also comply with the additional requirements for multifamily communities (MFIC-1) as set forth in § 310-186.1C. These requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a 'c' or 'd' variance from the Planning Board.
