A.
Whenever the owner of a lot existing at the time of adoption of this
chapter has dedicated or conveyed land to the Borough in order to
meet the minimum street width requirements of the Development Ordinance
or to implement the Official Map or Master Plan of the Borough, the
Construction Official shall issue construction and occupancy permits
for the lot whose depth and/or areas are rendered substandard in area
only because of such dedication and where the owner has no other available
adjacent lands to provide the minimum requirements.
B.
Any vacant lot existing as a non-conforming lot at the effective
date of adoption or amendment of this chapter whose area or dimensions
do not meet the requirements of the district in which the lot is located
may have a building permit issued for a use permitted for that zoning
district without an appeal, provided that:
(1)
The lot contains a minimum of four thousand (4,000) square feet and
a lot frontage of at least forty (40) feet.
(2)
The building coverage limit is not exceeded.
(3)
Parking requirements are met.
(4)
The yard and height provisions are reduced by the same percentage
that the area of such lots bears to the zone district requirements,
except that no side yard shall be less than five (5) feet.
(5)
The owner owns no adjacent undeveloped property.
A.
No building shall exceed the height limits as prescribed in Article IV of this chapter except as provided in paragraph B below or as otherwise provided in this chapter.
B.
In Mixed Office/Residential, General Commercial, and Downtown Commercial
Districts tanks, ventilating fans, air-conditioning equipment or similar
equipment required to operate and maintain the building, and the architectural
screening around such equipment, shall be permitted to exceed the
maximum height requirement by no more than fifteen (15%) percent provided
that the architectural screening of the equipment does not exceed
twenty (20%) percent of the maximum horizontal cross section of the
building.
C.
In all zones, skylights, spires, cupolas, flagpoles, chimneys or
similar structures may be erected above the height limits prescribed
by this chapter, but in no case more than fifteen (15%) percent more
than the maximum height permitted for the use in the district.
A.
Application procedure.
(1)
Before a Construction Permit or certificate of occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, c. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in Article VIII, Development Application Review Procedure.
(2)
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The Board shall follow the procedures outlined for review in Article VIII.
(3)
The ninety-five (95) day time period for action by the Planning Board on conditional uses shall apply to each site plan review. Public notice and a hearing shall be required as stipulated in § 113-33 of this chapter.
(4)
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. The Board shall give due consideration
to all reasonable elements which could affect the public health, welfare,
safety, comfort and convenience, such as but not limited to the proposed
uses(s), the character of the area, vehicular travel patterns and
access, pedestrian ways, landscaping, lighting, signs, drainage, sewage
treatment, potable water supply, utilities and building and structure
location(s) and orientation(s). Conditional uses must meet the requirements
listed below in addition to those outlined elsewhere.
B.
Special conditions for restaurants.
C.
Special conditions for marinas.
(1)
Marinas shall have a minimum lot area of twenty thousand (20,000)
square feet.
(2)
A minimum ten (10) feet planted buffer shall be provided along any
property line abutting a residential zone.
(3)
No boat storage shall be permitted within fifty (50) feet of any
residentially zoned property line, nor within twenty (20) feet of
any commercially zoned property.
D.
Special conditions for public utility uses.
(1)
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and other public utility services but shall not include service or
storage yards or similar uses.
(2)
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
(3)
The design of any building in connection with such facilities must
conform to the general character of the area and not adversely affect
the safe, comfortable enjoyment of property rights in the zone in
which it is located.
(4)
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the New Jersey State Uniform Construction
Code.
(5)
Sufficient landscaping, including shrubs, trees and lawn, shall be
provided and be periodically maintained.
(6)
Adequate off-street parking shall be provided.
(7)
All of the area, yard, building coverage and height requirements
of the respective zone must be met.
E.
Special conditions for Wireless Telecommunications Tower and Antenna.
(1)
Principal or accessory use. Wireless telecommunications towers and
antennas may be located on the west side of Main Street only. A different
existing use of an existing structure on the same lot shall not preclude
the installation of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Borough as part of the application an inventory
of its existing towers, antennas, or sites approved for towers or
antennas, that are either within the jurisdiction of the Borough or
within one (1) mile of the border thereof including specific information
about the location, height and design of each tower. The Borough may
share such information with other applicants applying for approvals
under this section or other organizations seeking to locate within
the jurisdiction of the Borough provided, however that the Borough,
by sharing such information, in no way represents that such sites
are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(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 lighted unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
Signs. No signs shall be allowed on an antenna or tower.
(7)
Maximum height. The tower shall meet the following maximum height
and usage criteria:
(a)
For a single user, up to ninety (90) feet in height;
(b)
For two (2) users, up to one hundred twenty (120) feet in height;
and
(c)
For three (3) or more users, up to one hundred fifty (150) feet
in height.
(d)
A licensed professional engineer must certify that the tower
can structurally accommodate the number of shared users proposed by
the applicant.
(8)
In addition to any information required for applications for site
plan review pursuant to this chapter, applicants for approval of a
tower shall submit the following information:
(a)
A location plan drawn to scale and clearly indicating the location,
and height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning including all properties within the applicable
separation distances set forth in this subsection, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
and parking.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit and residentially zoned properties.
(d)
The separation distance from other towers described in the inventory
of existing sites submitted pursuant to this subsection shall be shown.
The applicant shall also identify the type construction of the existing
tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape material by type,
height, size and number.
(f)
Method of fencing, including type, height, and color.
(g)
A notarized statement by the applicant as to whether construction
of the tower will accommodate additional antennas for future users.
(h)
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 tower.
(i)
A description of the feasible location(s) of future towers or
antennas within the Borough based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
(9)
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 municipal agency 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 municipal
agency related to the availability of suitable existing towers, other
structures or alternative technology. Evidence submitted to demonstrate
that no existing tower, structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic
area that meet applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(10)
Minimum required setback. The following setback requirements
shall apply to all towers for which site plan approval is required:
(a)
Towers must be set back a distance equal to at least one hundred
(100%) percent of the height of the tower from any adjoining lot line,
but in no event shall the tower be located in the minimum required
yard area or buffer area of the zone district.
(b)
Guys and accessory buildings must satisfy the minimum zoning
district setback and buffer requirements.
(11)
Minimum Separation Requirement Between Uses. The following separation
requirements shall apply to all towers and antennas for which site
plan approval is required:
(a)
Separation from off-site uses/designated areas.
(i)
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in (b) below, except as otherwise provided.
(ii)
Towers shall maintain a separation distance of
two hundred (200) feet or three hundred (300%) percent of the tower
height, whichever is greater, from residential dwelling units or from
lands zoned for residential use.
(b)
Separation distances between towers. Separation distances between
towers shall be applicable for and measured between the proposed tower
and preexisting towers or other proposed towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown below:
|
Table of Required Separation Distances Between Towers
| ||||
|---|---|---|---|---|
|
Lattice
|
Guyed
|
Monopole 75 Feet in Height or Greater
|
Monopole Less Than 75 Feet in Height
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
|
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
|
|
Monopole 75 feet in height or greater
|
1,500
|
1,500
|
1,500
|
750
|
|
Monopole less than 75 feet in height
|
750
|
750
|
750
|
750
|
(12)
Security fencing. Towers shall be enclosed by security fencing
not less than six (6) feet in height and shall also be equipped with
an appropriate anticlimbing device.
(13)
Landscaping. The following requirements shall govern the land
surrounding towers for which site plan approval is required.
(14)
Buildings or other equipment storage.
(a)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(i)
The cabinet or structure shall not contain more than two hundred
(200) square feet of gross floor area or be more than ten (10) feet
in height.
(ii)
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 ten (10%) percent of the
roof area.
(b)
Antennas located on towers, utility poles, or light poles. The
related unmanned equipment structure shall not contain more than two
hundred (200) square feet of gross floor area or be more than ten
(10) feet in height, and shall be located in accordance with the yard
and buffer requirements of the zoning district in which located and
shall be screened from view of all residential properties.
(15)
Removal of abandoned antennas and towers. Any antenna or tower
that is not operated for a continuous period of twelve (12) months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within ninety (90) days of receipt of notice
from the Borough notifying the owner of such abandonment. Failure
to remove an abandoned antenna or tower within said ninety (90) days
shall be grounds to remove 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.
(16)
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance is permitted
on such preexisting towers. New construction other than routine maintenance
on a preexisting tower shall comply with the requirements of this
chapter.
(17)
Nothing contained in this subsection (113-29F) shall be construed
to apply to prohibit antennas or support structures by those licensed
by the FCC pursuant to 47 CFR part 97 to operate amateur radio.
(18)
Antennas and towers permitted on Borough property. Wireless telecommunications towers and antennas which are located on Borough property and which are approved by the Board of Commissioners shall be deemed to be permitted as a Municipal facility in any zone district. The Board of Commissioners shall consider criteria set forth in Section 113-29E prior to approving the location of a tower or antennas on Borough property.
