It is well recognized that certain uses, while necessary for
the convenience of the citizens of the Township, if located without
proper consideration for existing conditions and surrounding developments,
may have an adverse effect on the public health, safety and welfare
of the community. These uses are designated as conditional uses and
are subject to the conditions hereby established. Conditional uses
as enumerated, shall be permitted only upon final approval by the
Township Planning Board.
Before any permit shall be issued for a conditional use, an
application shall be made to the Planning Board. Where an application
for a conditional use involves a subdivision or site plan, a joint
application shall be submitted and a combined application fee paid.
In reviewing a conditional use application the Board shall consider
and be guided by the following to ensure that the conditional use
requested meets the minimum criteria established. The Board, in its
resolution of approval or denial, shall address each of the following
minimum criteria in its Findings of Fact:
a.
The use for which an application is being made is specifically listed
as a conditional use within the Zone where the property is located.
b.
The design, arrangement and nature of the particular use is such
that the public health, safety and welfare will be protected and reasonable
consideration is afforded to: the compatibility of the proposed use(s)
and/or structure(s) within the existing neighborhood; the number of
employees or users of the property; the potential effect that the
proposed use(s) will have upon property values; the adequacy of the
proposed parking and traffic circulation for the use(s) and/or structure(s)
and the potential for traffic congestion and/or the creation of undue
traffic hazards; the structural location(s) and orientation(s); the
need for such facility or use(s) to serve the area in which it is
to be located; the adequacy of proposed drainage facilities which
will serve the use(s) and/or structure(s); the adequacy of plans for
screening any adverse aspects of the use(s) and/or structure(s) from
adjoining properties; and the adequacy of proposed outdoor lighting.
d.
Compliance with the standards, principles and objectives of the Master
Plan of the Township.
e.
All conditional uses shall also be required to obtain site plan approval,
unless otherwise specified in this article.
f.
Conditional uses shall adhere to the additional standards specified
for the particular use under this section.
In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. All conditional uses shall require
site plan review and approval by the Board. In the granting of conditional
uses, a time limit of one year from the date of the approval shall
be set within which time the owner shall secure a building permit,
otherwise, the conditional use permit granted shall be null and void.
a.
Within 45 days after the receipt of a conditional use application
the Planning Board Administrative Officer shall deem same complete
or incomplete. If the application is incomplete it shall be returned
to the applicant with the reasons for its incompleteness so stated
in writing.
b.
The Planning Board shall grant or deny a conditional use application
within 95 days of submission of a completed application or within
such further time as may be consented to by the applicant in writing.
Failure of the Planning Board to act within the period prescribed
by law shall constitute approval of the application and a certificate
as to the failure of the Planning Board to act shall be issued by
the Administrative Officer on request of the applicant. The certificate
shall be sufficient in lieu of a written endorsement or other evidence
of approval, herein required, and shall be so accepted by the County
Recording Officer for purposes of filing, if necessary.
c.
Prior to taking any action on an application for a conditional use
permit, other than deeming same complete or incomplete the Planning
Board shall schedule a public hearing on the application.
d.
The rules, regulations and procedures for the public hearing applicable
to both the Planning Board and the applicant shall be as set forth
in Article 3, Administration and Procedures, of this chapter.
The following special requirements shall be complied with by
any applicant for a conditional use permit. All other restrictions
for the Zone in which the property is located shall be complied with.
The following uses are conditional uses in accordance with N.J.S.A.
40:55D-67.
Public utility uses such as water plants, sewerage disposal
plants, pumping stations, dumps, sanitary landfills, high voltage
transmission lines and towers, electric substations, telephone exchanges,
and telephone repeater stations, but not service or storage yards,
may be permitted, provided that:
a.
Proof is furnished that the proposed installation in the specific
location is necessary and convenient for the efficiency of the public
utility system or the satisfactory and convenient provision of service
by the utility to the neighborhood in which the particular use is
to be located.
b.
The design of any building in connection with such facility conforms
to the general character of the residential area and will in no way
adversely affect the safe and comfortable enjoyment of property rights
of the Zone in which it is located.
c.
Adequate and attractive fences and other safety devices will be provided
and that sufficient landscaping including shrubs, trees and lawn are
provided and will be periodically maintained.
A golf course may be permitted provided that:
a.
The proposed establishment is to be private, club-type facility for
a membership of restricted size and proper assurance is given that
this status of the establishment will be perpetual.
b.
The size of the membership is to be limited to an amount commensurate
with the scale of the facility to be provided as approved by the Planning
Board.
c.
Appropriate accessory facilities may be provided, including dining
facilities, swimming pools, tennis courts and other such areas for
active recreation provided that the Planning Board finds that such
facilities are located in such a manner on the tract as will not adversely
affect adjoining residential properties. In no case shall any of the
above facilities be located within 200 feet of a property line.
d.
Off-street parking facilities shall be provided on the property sufficient
at all times to meet the parking requirements of this chapter. Such
parking facilities shall not be located within 500 feet of any property
line or within 200 feet of a street line.
The sale and distribution of liquefied petroleum gas may be
permitted provided that:
a.
The site on which the use is proposed includes a minimum of three
acres.
b.
The applicant demonstrates that there is a need for the commodity
in the surrounding residential community.
c.
The applicant can demonstrate that the proposed location and method
of operation will not constitute a hazard by virtue of fire and explosion
to the surrounding neighborhood.
d.
All storage areas, both for bulk storage and portable tanks shall
be located not less than 100 feet from any street or property line.
e.
The number of portable tanks stored on the property shall not exceed
a quantity necessary to maintain proper service to the anticipated
service area.
f.
The maximum amount of bulk storage of liquefied petroleum gas shall
not exceed 30,000 gallons.
g.
All bulk storage tanks shall be installed underground and in a manner
which will include all reasonable precautions to prevent leakage.
In addition, such installations shall conform to all applicable regulations
of the State of New Jersey. Documentation shall be submitted indicating
that the plans have been reviewed by the Department of Labor and Industry
and approved by that agency.
h.
Documentation shall be provided that the contemplated method of transfer
of liquefied petroleum gas from delivery trucks to bulk storage tanks
and from bulk storage tanks to portable tanks will not constitute
any hazard from fire or explosion to the surrounding neighborhood.
[Ord. No. 2015-10]
a.
Each application for a conditional use for an automobile service
station must contain the name and address of the applicant, the location
of the property, with a Lot and Block number and must be accompanied
by a complete set of the plans drawn accurately to a scale of one
inch equaling not more than 10 feet on the ground, and the plans must
accurately show an outline of the property upon which the facility
is to be placed, all curbs, and the relative elevations of gutters,
top of curb and sidewalk adjacent thereto, all existing trees, their
size and kind; fire hydrants, water shut off boxes, storm and sewer
outlets and any other structures existing in the streets immediately
adjacent to the property.
b.
Plans must also be submitted to show proposed location of pumps,
tanks, buildings, wash racks, lubrication bays, air hose and any other
equipment applicant proposes to install on the property, and the distance
in feet and inches from such structures and equipment to the street
line; storage tanks shall be underground.
c.
The location, width and materials of construction of the driveways
which the applicant proposes to build from the curbline to the property
and a profile showing their respective relations in elevation to the
existing or proposed walks and gutters must also be shown on the plans
and there must be included in the plan an elevation of the main building,
showing its general architectural style and the materials and color
of the exterior.
d.
The plans shall also make provisions for the following:
1.
The maximum width of any driveway shall not exceed 30 feet where
the driveway crosses the outer sidewalk.
2.
Pumps, air hose, and any equipment used in serving cars, if set parallel
to the street line, shall not be located nearer than 50 feet from
the inside sidewalk line or within 25 feet of an adjacent property
line. If any of the equipment is set at an angle to the street line,
it shall not be located nearer than 25 feet from the inside sidewalk
line.
3.
If the placement of equipment is such that a car may stand on the
walk during servicing or when entering or leaving the station drive
over a portion of the walk not included in this regular driveway,
a curb not less than four inches in height shall be placed on the
property abutting the street extending the full length of such portion
of the walk as may be subject to such condition.
4.
A hard surface such as concrete or asphalt shall be required for
the paving of all driveways.
5.
Existing walks may be changed as to grade only when such damage is
not disadvantageous to the adjoining walk and properties, and then
only upon permission and at a grade set by the Engineer.
6.
In all of the above conditions, it is presumed that the inside of
the sidewalk is on the street line. In locations where the walk is
in the street, on the property line shall prevail and shall be used
as the line to which distances are measured.
7.
In the event that a curb does not exist adjacent to the property,
a curb may be built if the applicant so desires but only on line and
grade and of the cross section and materials designated by the Engineer.
8.
Where driveways interfere with drainage of the street, as in the
moving or removal of catch basins, permission shall be granted only
when such change is made with the approval of and according to plans
prepared by the Engineer. Cost of such plans to be paid by the applicant.
9.
The removal of trees with a diameter of six inches or larger measured
three feet above ground level must be recommended and approved by
the Planning Board.
10.
The design of the structure must be compatible with existing
developments in the area in which located and must comply with the
Uniform Construction Code.
11.
The property upon which the gas station is to be built shall
have a minimum frontage of 250 feet with a minimum depth of 150 feet.
12.
No automobile service station shall have an entrance or exit
for vehicles within 200 feet along the same side of the street of
any school, public playground, church, hospital, public building or
institution. All appliances, pits, storage areas and trash facilities
other than gas and filling pumps or air pumps shall be within the
building. All lubrication, repair or other similar activities shall
be performed in a fully enclosed building.
13.
In cases where a conditional use permit shall be issued for
the operation of an automobile service station the premises shall
not be used for the storage for junk motor vehicles, vehicles incapable
of normal operation or unregistered and it shall be prima facie evidence
of the violation of this chapter if more than three motor vehicles
incapable of operation or which are unregistered are located at any
one time upon any premises and not within a closed or roofed building
excepting however, a number not exceeding four motor vehicles may
be located upon any automobile service station for a period not to
exceed 48 hours provided that the motor vehicles are awaiting repair
by the owners thereof. Landscaping shall be provided for the front
yard area equal to at least 25% of the front yard area and such landscaping
shall be simply distributed throughout the entire front area. The
exterior display and parking of motor vehicles, trailers, boats, or
other similar equipment for sale or rent purposes shall not be permitted
as part of a service station.
14.
Employee parking must be provided on the premises.
15.
All repair work will be carried on within an enclosed building.
Bays shall not face a street.
16.
Inoperative vehicles shall be stored in an area screened from
the public street or private property by fencing or landscaping materials.
17.
Upon the granting of the conditional use as hereinabove provided
and upon site plan approval as required in this chapter the applicant
may then make application for a building permit from the Construction
Official. The applicant must comply with all other pertinent State
and local regulations, County Planning Board requirements as well
as ordinances and codes of the Township.
e.
Where gasoline stations are permitted, one freestanding sign shall
be permitted, provided such sign shall not exceed 65 square feet in
area per side and shall be erected not less than 14 nor more than
22 feet above the ground. A minimum setback of 15 feet shall be required
from any lot line or right-of-way line.
1.
The freestanding sign may have a supplementary price sign provided
that it is mounted on the same support structure as the freestanding
sign, that the price sign does not exceed 25 square feet in sign area,
and that the lowest part of the price sign is at least eight feet
above grade.
2.
The price per gallon or liter on the price sign may be illuminated
by LED (light-emitting diode lamp), provided that the maximum level
of illumination does not exceed 0.3 footcandles above the ambient
light condition. A dimming module shall be incorporated in any LED
signage electronics in order to dim the intensity of the LED lighting
on the subject site.
3.
The LED sign, once installed and operational, is subject to inspection
by the Township Construction Official and/or Zoning Officer in order
to verify construction and lighting intensity and to require the level
of illumination to be reduced if the lighting is deemed too bright.
All LED electronics shall be housed in a weather-proof cabinet not
exceeding 6.5 feet in height.
4.
In addition to the freestanding sign permitted herein, gasoline stations
which have a canopy over the pump islands shall be permitted one sign
on each face of the canopy, with the area of the sign limited to no
more than 10% of the canopy face to which the sign is attached.
5.
In addition to the freestanding sign and the sign on the canopy,
the principal building shall be permitted to have one wall sign for
each street frontage, each not exceeding 50 square feet in area.
6.
In addition, smaller wall signs are permitted to indicate functions
performed at individual service bays, and such additional wall signs
shall not exceed one sign per service bay and eight square feet in
area.
A hospital may be permitted provided that:
a.
A minimum fifty-foot wide buffer is provided along all property lines
which abut a Residential Zone or an existing residential use. However,
if and where the height of a building exceeds 2.5 stories or 35 feet
an additional one foot of buffer shall be added to the fifty-foot
buffer for each one foot of building height in excess of 2.5 stories
or 35 feet.
b.
The minimum site size for a hospital shall be five acres.
c.
The minimum front yard setback shall be 75 feet.
d.
A buffer shall not be required along the front street property line.
e.
Off-street parking facilities shall be provided on the property in
accordance with the following schedule:
1.
Parking shall not be permitted within 75 feet of any property line.
2.
One space per two beds.
3.
One space per each employee on largest shift.
4.
One space per two doctors on staff.
5.
One space per two student technicians or nurses.
6.
One space per two visits to outpatient department calculated over
a nine-hour period between 8:00 a.m. and 5:00 p.m. during a normal
average working day.
7.
One space per each 200 square feet of gross floor area.
8.
One space per 10 beds for extended care patients.
A private tennis court may be permitted in the R-20 Residential
Zone provided that:
a.
Adequate provisions are made to ensure that all on-site drainage
can be accomplished so as not to create an adverse or detrimental
effect on adjoining properties.
b.
The court is not utilized before 9:00 a.m. in the morning or after
10:00 p.m. at night.
c.
Adequate provisions are made for the screening of the court from
view of adjoining properties and the court is properly fenced.
d.
If the court is lighted for evening use, adequate provisions are
made for the screening of lights to adjoining properties so as not
to cause any unnecessary glare or nuisance.
a.
All quasi-public uses such as, but not limited to, schools, churches
and other similar permitted uses located in any Zone shall have a
minimum lot requirement of five acres. The use will comply with all
other requirements of the Zone in which it is located.
b.
Quasi-public buildings, schools, churches and other similar permitted
uses may exceed the height limitation of this chapter provided that
such uses shall increase the front, rear and side yards one foot for
each foot by which the building exceeds the height limit herein established
for the Zone in which it is located and further provided that in no
case shall any building have a height greater than 50 feet.
Motels shall comply with the following additional requirements:
a.
The site has a total area of five acres and a width of 350 feet.
b.
Lot coverage shall not exceed 25%. Landscaped and open green areas
shall be not less than 25% of the site.
c.
Buildings shall be located not closer than 10 feet from an interior
roadway or parking area and not less than 25 feet from another building.
d.
The motel will provide a minimum of 50 units for transient accommodations
and will include restaurant facilities. Other appropriate accessory
uses such as cocktail lounges, restaurants, meeting rooms, swimming
pools and the like may be included.
e.
Refuse disposal containers shall be provided and enclosed by fencing
or landscaping to remove them from sight.
Swim clubs shall meet the following additional requirements:
a.
The site on which it is located includes not less than five acres.
b.
The pool shall be located not less than 200 feet from any property
line. The club or bathhouse shall be located not less than 100 feet
from any property line.
c.
Membership shall be limited to one person for each 20 square feet
of pool area.
d.
The applicant shall demonstrate compliance with all other applicable
ordinances of the Township.
[Ord. No. 03-24 § VII]
Restaurants and other food service establishments shall meet
the following additional requirements:
a.
The site shall have a minimum lot area of six acres.
b.
Lot coverage shall not exceed 25%.
c.
Maximum building coverage shall not exceed 15%.
d.
The maximum building FAR of 0.15.
e.
Patron seating shall be a maximum of 60 seats.
f.
Board of Health approval of an on-site septic system design is required
prior to the approval of a conditional use permit.
g.
Pedestrian and vehicular circulation will be so designed as to minimize
potential conflict. Pedestrian routes shall connect all parking areas
to the main use on the site through a seamless system of pedestrian
walkways. Pedestrian crosswalks will be clearly delineated across
any parking or driveway area.
h.
A traffic impact analysis is required for all proposed development.
i.
The site and parking area shall be designed and landscaped in such
a way as to minimize the impacts of light and noise on adjacent properties.
j.
Drive-through stacking shall be designed so as not to impede site
access or ingress or circulation through the parking lot.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 99-24.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
As used in this section, the following terms shall have the
meanings indicated:
The equipment and non-tower supporting structure at a fixed
location that enables communication-licensed or authorized wireless
communications between user equipment and a connections network.
The mounting or installation of transmission equipment on
a Wireless Communication Tower or Base Station for the purpose of
transmitting and/or receiving radio frequency signals for communications
purposes.
Any personal wireless service as defined in the Federal Telecommunications
Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication
services, including cellular, PCS, SMR, ESMR, paging and similar services
that currently exist or that may in the future be developed. "Wireless
communications" does not include any amateur radio facility that is
under 70 feet in height and is owned and operated only by a federally
licensed amateur radio station operator or is used exclusively to
receive transmissions, nor does it include any parabolic satellite
antennas, nor does it include non-wireless telephone service.
Any device which is used for the transmission and reception
of wave frequencies for the purpose of any wireless communication
as defined hereinabove. For the purposes of this section, wireless
communication antennas shall not be considered to be a public utility.
A freestanding monopole structure on which one or more antennas
are attached, but shall not mean existing structures such as silos,
steeples, cupolas or water tanks.
[Ord. No. 05-47 § 1]
a.
It is the overall purpose of this section to provide specific zoning
conditions, standards and limitations for the location, approval and
operation of wireless communication antennas within the Township of
Millstone that recognize the need to safeguard the public good, health,
safety and welfare and preserve the intent and the purposes of the
Millstone Township Master Plan and Land Use and Development Regulations
Ordinance.
b.
It is understood by the Township of Millstone that the Federal government,
through the Federal Communications Commission (FCC), issues licenses
for wireless communications, and that the FCC requires the license
holders to provide coverage within the areas so licensed.
c.
However, it also is understood by the Township of Millstone that
the Federal Telecommunications Act of 1996 ("FTA") expressly preserves
the zoning authority of the Township to regulate the placement, construction
and modification of personal wireless service facilities subject to
the six limitations noted as § 332 (c)(7)(B) of the FTA.
d.
In this regard, the FTA does not abrogate local zoning authority
in favor of the commercial desire to offer optimal service to all
current and potential customers, and the providers of the personal
wireless services must bear the burden of proving that any proposed
service facility is the least intrusive means of filling a significant
gap in wireless communication services in the area.
[Ord. No. 05-47 § 1]
The overall objective of this section is to allow the provision
of wireless communication services while, at the same time, limiting
the number of antennas and supporting towers to the fewest possible,
and only in those locations which do not negatively impact the prevailing
rural, residential character of the Township and the quality of life
enjoyed by its residents.
[Ord. No. 05-47 § 1]
a.
To minimize the total number of wireless communication towers within
the Township of Millstone;
b.
To limit the impact of wireless communication antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Township of Millstone;
c.
To safeguard the prevailing rural, residential character of development
throughout the Township of Millstone, with particular emphasis on
maintaining the prevailing character of the residential neighborhoods
and the historic districts and sites throughout the Township;
d.
To encourage the location of antennas upon, or within, existing structures
including, but not limited to, existing towers, poles, steeples and
silos;
e.
To encourage the collocation of antennas on the fewest number of
existing structures within the Township of Millstone;
f.
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewsheds through careful design,
siting, landscape screening and innovative camouflaging techniques;
g.
To encourage the use of alternate technologies which do not require
the use of towers, or require towers at relatively lesser heights;
h.
To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these ordinance provisions
to provide such services quickly, effectively and efficiently; and
i.
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 enforce zoning requirements that protect public
safety, public and private property and community aesthetics.
[Ord. No. 05-47 § 1]
This section shall not apply to any tower or the installation
of any antenna that is under 70 feet high and is owned and operated
only by a federally licensed amateur radio station operator or is
used exclusively to receive transmissions, nor shall it apply to any
parabolic satellite antennas or non-wireless telephone services.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
Wireless communication antennas may be located only at the following
two prioritized locations:
a.
First Priority Locations. The first priority locations for wireless
communication antennas shall be on the existing towers, poles, silos,
and base stations, or within the existing church steeples in the Township
of Millstone identified in Addendum I to this section; antennas so
located are permitted uses in the zoning districts in which the identified
existing structures are located, notwithstanding any other provision
of this ordinance to the contrary, and
b.
Second Priority Locations. The second priority locations for wireless
communication antennas shall be on new wireless communication towers
on land areas within the "BP" Business Park zoning district or within
the "PCD" Planned Commercial Development zoning district, and antennas
so located are conditionally permitted uses.
|
ADDENDUM I TABLE
|
|
(Section 35-6-3.6a)
|
|
IDENTIFYING THE "FIRST PRIORITY" LOCATIONS FOR WIRELESS
COMMUNICATION ANTENNAS ON OR WITHIN EXISTING STRUCTURES WITHIN THE
TOWNSHIP OF MILLSTONE
|
|
September 10, 2008
|
|
First Priority Locations
| ||
|---|---|---|
|
Site ID Letter On Map
|
Site Location
|
Type of Existing Structure and Location of Antennas
|
|
A
|
Stavola Asphalt Plant Along Route 33
|
On Existing Antenna Tower
|
|
B
|
Aqua Soft Water Company Along Route 33
|
On Existing Monopole Tower
|
|
C
|
Silvi Concrete Plant Along Iron Ore Road (Route 527A)
|
On Existing Concrete Mix Tower
|
|
D
|
United Presbyterian Church Along Millstone Road Next to Municipal
Building
|
Within Existing Church Steeple
|
|
E
|
Garage Area Along Millstone Road At Municipal Building
|
On Existing Lattice Tower
|
|
F
|
FCC Lattice Tower Along Schoolhouse Road Directly Behind Millstone
Elementary School
|
On Existing Lattice Tower
|
|
G
|
St. Joseph's Roman Catholic Church At Corner of Stillhouse Road
And Sweetmans Lane
|
Within Existing Church Steeple
|
|
H
|
Existing Tower Joule Yacht Transport Along Route 33 East Of
Prodelin Way
|
On Existing Tower
|
|
I
|
Existing Silo Along Battleground Road Near Perrineville Road
Intersection
|
On Existing Silo
|
|
J
|
Lattice Tower Millstone Fire Department-Clarksburg On Stage
Coach Road North of Red Valley Road
|
On Existing Lattice Tower
|
|
K
|
Existing Tower Along Burnt Tavern Road near Intersection With
Squan Road
|
On Existing Tower
|
|
L
|
North/South Power Line
|
On Supporting Towers
|
|
M
|
East/West Power Line
|
On Supporting Towers
|
|
Note: See attached map for location of structures
| ||
|
ADDENDUM I - SUBSECTION 6-3.11
 |
[Ord. No. 2015-12]
A proposed modification shall constitute a substantial change
to an existing structure if it meets any of the following criteria:
a.
For towers outside of public rights-of-way, it increases the height
of the tower by more than 10%, or by the height of one additional
antenna array with separation from the nearest existing antenna not
to exceed 20 feet, whichever is greater; for those towers in the rights-of-way
and for all base stations, it increases the height of the tower or
base station by more than 10% or 10 feet, whichever is greater;
b.
For towers outside of public rights-of-way, it protrudes from the
edge of the tower more than 20 feet, or more than the width of the
tower structure at the level of the appurtenance, whichever is greater;
for those towers in the rights-of-way and for all base stations, it
protrudes from the edge of the structure more than six feet;
c.
It involves installation of more than the standard number of new
equipment cabinets for the technology involved, but not to exceed
four cabinets;
d.
It entails any excavation or deployment outside the current site
of the structure;
e.
It would defeat the existing concealment elements of the structure;
or
f.
It does not comply with conditions associated with the prior approval
of construction or modification of the structure unless the non-compliance
is due to an increase in height, increase in width, addition of cabinets,
or new excavation that does not exceed the corresponding "substantial
change" thresholds identified above.
|
Any such change shall be determined by measuring the change
from the dimensions of the structure as originally approved or as
of the most recent modification that received local zoning or similar
regulatory approval prior to the passage of the Middle Class Tax Relief
and Job Creation Act of 2012 (February 22, 2012), whichever is greater.
|
[Ord. No. 2015-12; amended 12-6-2023 by Ord. No. 23-17]
a.
Required Documentation for Applications. An applicant requesting
approval for a collocation, modification, removal, or replacement
of equipment at an existing wireless communications tower, base station,
or other facility on which wireless communications equipment is located,
that does not substantially change the dimensions of the existing
structure, shall submit the following documentation to the Township
Engineer and the Township Land Use Planner for review:
1.
A completed Application Checklist for Wireless Communication Facilities Modification to a First Priority Location. Any fees in accordance with the fee schedule (Subsection 35-3-9.4) shall be submitted at the time of application.
2.
A location plan drawn to scale and clearly indicating the location,
type and height of the proposed equipment, on-site land uses and zoning,
adjacent land uses and zoning (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within 200
feet of the property which is the subject of the application, adjacent
roadways, proposed means of access, setbacks from property lines,
elevation drawings of the proposed tower and any other structures,
topography, and parking.
3.
A legal description of the parent tract and leased parcel (if applicable).
4.
The finished color and, if applicable, the method of camouflage and
illumination of the existing structure and equipment;
5.
The finished color and, if applicable, the method of camouflage and
illumination of the proposed structure and equipment.
7.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
8.
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.
9.
A description of the feasible location(s) of future towers or antennas
within the Township based upon existing physical, engineering, technological
or geographical limitations in the event the proposed collocation
is permitted.
10.
Proof of compliance with § 35-14-5 of the Land Use and Development Regulations of the Township of Millstone if the application concerns property located within a historic district, or property that is considered a historic landmark, as defined in § 35-14-4, or as defined by applicable state or federal law.
11.
A description of the type and quantity of equipment to be installed.
12.
A description of the number and size of any equipment cabinets
to be installed on the tower or base station.
13.
A description of the number and size of any equipment cabinets
to be installed on the ground.
14.
A description of any excavation required.
15.
A description of the change in tower height as a result of the
proposed collocation, removal, or replacement.
16.
A description of the change in the height of any other structure
as a result of the proposed collocation, removal, or replacement.
17.
A description of the change in width of the tower or structure
at the height of the proposed collocation, removal, or replacement.
18.
A description of the proximity of the equipment to any other
equipment on the same structure and of the visibility of the proposed
equipment from the surrounding property.
19.
A description of the noise level emitted by any proposed equipment.
b.
Review of Applications. Applications submitted under this § 35-6-3.8 shall be reviewed by the Township Engineer and the Township Land Use Planner pursuant to the following:
1.
Time frame for Review. The Township Engineer and the Township Land Use Planner shall determine whether an application for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station constitutes a substantial change pursuant to § 35-6-3.7 within 60 days of receipt of the application. Applications that do not substantially change the tower or base station shall be approved within this time period. This sixty-day period may be extended by mutual agreement of the applicant and either the Township Engineer or the Township Land Use Planner.
2.
Incomplete Applications. The Township Engineer or the Township Land Use Planner may toll the sixty-day time frame set forth in § 35-6-3.8b1 by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable code provision, ordinance, application instruction, or publicly-stated procedure requiring the information to be submitted. The sixty-day time frame shall begin again upon receipt of the supplemental submission.
3.
Subsequent Incomplete Applications. The Township Engineer or the
Township Land Use Planner may thereafter toll the sixty-day time frame
by notifying the applicant, within 10 days of receipt of the supplemental
submission, that the applicant did not provide the information identified
in the original notice delineating missing information. Second or
subsequent notices of incompleteness may not specify missing documents
or information not previously delineated in the original notice of
incompleteness.
4.
Complete Applications. The Township Engineer and the Township Land Use Planner shall, within the sixty-day time frame, approve all complete applications for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station that do not constitute a substantial change pursuant to § 35-6-3.7, and that do not otherwise violate applicable health and safety requirements. If the Township Engineer and the Township Land Use Planner determine that an application constitutes a substantial change to an existing wireless communications tower or base station, they shall notify the applicant of same, and proceed to consider the application according to the provisions of this article; the sixty-day time frame does not apply to substantial changes.
5.
Applications on Improper Towers. Notwithstanding § 35-6-3.8b4 above, the Township Engineer and the Township Land Use Planner are not obligated to approve an application for collocation, removal, or replacement of equipment on a tower or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative State or local regulatory approval.
6.
Failure to Act. If the Township Engineer and the Township Land Use
Planner do not approve or deny an application for collocation, removal,
or replacement of equipment at an existing wireless communications
tower or base station within 60 days of receipt of the application
or any applicable tolling periods thereafter, the applicant may notify
the Township Engineer or the Township Land Use Planner in writing
that the review period has expired. Upon the Township Engineer or
the Township Land Use Planner's receipt of this notice from the applicant,
the application shall be deemed granted.
[Ord. No. 05-47 § 1; Ord. No. 08-27 § 1; Ord. No. 10-20 § I; Ord.
No. 2015-12]
a.
Review Requirements.
1.
Notwithstanding any provision of these "Land Use and Development
Regulations" provisions of the Township of Millstone to the contrary,
the location and height of antenna(s) on, or within, any of the existing
structures within the Township identified in Addendum I, and any accessory
shelter/cabinet enclosing the related electronic equipment, shall
be considered permitted uses in the subject zoning district and, therefore,
shall not require "conditional use" approval in accordance with N.J.S.A.
40:55D-67 of the Municipal Land Use Law, nor shall any variance be
required in accordance with N.J.S.A. 40:55D-70d of the Municipal Land
Use Law.
2.
Moreover, the location and height of the antenna(s) on, or within,
any of the existing structures within the Township identified in Addendum
I, and any accessory shelter/cabinet enclosing the related electronic
equipment, shall not require "site plan" approval, but shall require
the review and approval of a submitted application by the Millstone
Township Engineer in consultation with the Township Land Use Planner.
3.
Review and approval of collocation, modification, removal, or replacement
applications under this section shall be completed within 90 days
of the date of the receipt of the application. This review period
may be extended by mutual agreement of the applicant and either the
Township Engineer or the Township Land Use Planner.
b.
General Design Requirements.
1.
In any case, the height of any proposed antenna extending above any
existing structure shall not exceed 10 feet.
2.
Any proposed shelter/cabinet enclosing required electronic equipment
shall not be more than 15 feet in height nor more than 375 square
feet in area, and only one such shelter/cabinet shall be permitted
per carrier.
3.
Any proposed shelter/cabinet shall be finished with a decorative
surface, and the color(s) of the shelter/cabinet, all antennas, ice
bridges and any other equipment associated with the proposed wireless
communication antennas shall be compatible with the color(s) of the
existing structure and with the related development on the subject
property.
4.
Any required generator shall be located within the accessory shelter/cabinet
on the side of the shelter/cabinet opposite from the nearest existing
residential dwelling on an adjacent property and any inside or outside
cooling equipment also shall be located on the side of the shelter/cabinet
opposite from the nearest existing residential dwelling on an adjacent
property; there shall be no perceptible noise emitted from the antennas,
shelter/cabinet and/or other accessory equipment at any residential
property line except for generator testing up to one hour per week
and emergency situations when the generator must be operating.
5.
The antennas, shelter/cabinet and or other accessory equipment shall
not be exteriorly lit except that one light at the entrance to the
shelter/cabinet shall be permitted, provided that the light shall
not exceed 70 watts and shall be manually operated.
6.
Landscaping, consisting of a combination of existing and/or newly
planted evergreen and deciduous trees and shrubs, shall be provided
to the maximum extent reasonably possible and permitted by applicable
regulations to screen the view of the proposed shelter/cabinet from
surrounding properties and any street.
7.
The fencing surrounding the shelter/cabinet(s) and any outside cooling
equipment shall be an eight-foot high board-on-board fence.
8.
No electronic equipment shall interfere with any public safety communications.
9.
All of the electronic equipment shall be automated so that the need
for on-site maintenance and the commensurate need for vehicular trips
to and from the site will be minimized.
c.
Addition Design Requirements for Existing Transmission Towers.
1.
Any accessory shelter/cabinet and other equipment shall be located
adjacent to the subject existing transmission tower on either side
that is in line with the transmission wires, and shall not be located
beyond the width of the tower base.
(a)
However, in cases where the proposed installation is at a corner
tower where conductors change direction, or the existing transmission
towers diagonally traverse, the underlying property, or in the case
of irregularly shaped lots, and/or where relatively steep topography
exists, the shelter/cabinet(s) may be located in an alternate location.
(b)
In any case, the Township Engineer, in consultation with the
Township Land Use Planner, shall review the proposed location of the
proposed accessory shelter/cabinet(s) in order to insure that, to
the extent possible, the location will have relatively little visual
impact upon adjacent residential properties.
2.
Any tower location where the base of the tower is within 500 feet
from an existing residential dwelling shall provide the following
additional noise abatement measures:
(a)
The generator, which must be located inside the shelter/cabinet
must contain a "super critical muffler" to further reduce any sound
emission when the generator is tested up to one hour per week or in
emergency situations.
(b)
A "shroud" shall be placed over any outside cooling equipment.
(c)
The required board-on-board fencing surrounding the shelter/cabinet(s)
and any outside cooling equipment shall be lined on its inside with
an insulation panel attached directly to the fence.
d.
Submission Requirements and Review Procedures.
1.
The applicant first shall meet with the Township Engineer and the
Township Land Use Planner to discuss the proposed location of the
wireless communication antennas, the proposed location and possible
landscape screening of any accessory shelter/cabinet(s) enclosing
the related electronic equipment, and any other construction that
may be proposed or required regarding the installation of the proposed
antennas.
2.
In accordance with the instructions given to the applicant by the
Township Engineer and Township Land Use Planner at the time of the
meeting, the applicant thereafter shall submit plans and documentation
for review and approval by the engineer and planner.
3.
At the time of submission of the application to the Township, the applicant shall provide public notice of the proposal to locate wireless communication antennas on or within an existing structure as identified in Addendum I § 35-6-3.6a of these ordinance provisions.
(a)
The public notice shall be given to the owners of all real property
as shown on the current tax duplicates located within 200 feet of
the property which is the subject of the application.
(b)
The public notice shall state the nature of the matter, the
identification of the property by street address, if any, and by block
and lot numbers, and that the submitted plans shall be available for
public inspection in the offices of the Millstone Township Land Use
Manager located at 470 Stage Coach Road, Clarksburg, NJ, 08510.
(c)
The public notice also shall state that comments regarding the
proposed plans may be submitted to the Land Use Manager within two
weeks after receipt of the notice.
4.
At least two weeks after the public notice was received by the property
owners, a second meeting shall be held among the applicant, the Township
Engineer and the Township Land Use Planner to again discuss the proposed
location of the wireless communication antennas, the proposed location
and possible landscape screening of any accessory shelter/cabinet(s)
enclosing the related electronic equipment, any other construction
that may be proposed or required regarding the installation of the
proposed antennas, and any public comments that were submitted to
the Township.
5.
Subsequent to the meeting, and in accordance with any instructions
given to the applicant by the Township Engineer and Township Land
Use Planner at the time of the meeting, the applicant shall submit
revised plans and documentation for review and approval by the engineer
and planner as may be requested by the Township Engineer.
6.
Once approved by the Township Engineer and the Township Land Use
Planner, the plans shall be signed by the Township Engineer, and no
construction permit shall be issued by the Township Construction Official
until he or she is in receipt of such signed plans.
7.
The approval granted pursuant to Subsection 6 above shall expire 24 months after the date upon which the plans are signed by the Township Engineer. The twenty-four-month time period may be extended for one twelve-month period upon application to and approval by the Township Engineer and the Township Land Use Planner, which extension must be set forth in writing. Any such application shall be accompanied by the payment of a $300 extension application fee.
8.
An escrow account of $2,500 shall be established by the applicant
with Millstone Township to pay for the time expended by the Township
Engineer and Township Land Use Planner.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the "BP" Business Park zoning district or on lands within the "PCD" Planned Commercial Development zoning district), any such proposed tower, antennas and related equipment shall require conditional use review and approval in accordance with the applicable requirements of § 35-6-1 of this ordinance, as well as preliminary and final site plan reviews and approvals in accordance with the applicable requirements of Article 9 of this ordinance.
b.
The following information shall be submitted for site plan approval, and the referenced §§ 35-6-3.11, 35-6-3.12, 35-6-3.13 and 35-6-3.14 contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Township of Millstone:
1.
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the Township's preliminary and final site plan application checklist in Schedule 4 referred to in § 35-9-2.1 of this ordinance;
2.
In order to be declared complete, the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with § 35-6-3.11 of this section hereinbelow;
3.
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the "Area and Setback Conditions" set forth in § 35-6-3.12 of this section hereinbelow;
4.
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the "Design Conditions" set forth in § 35-6-3.13 of this section hereinbelow;
5.
In order to be declared complete, the initially submitted application shall include the "Additional Conditions" indicated in § 35-6-3.14 of this section hereinbelow; and
6.
During the public hearing process, the applicant shall schedule the
time for a crane test with the Secretary of the Planning Board in
order to provide the members of the Planning Board and the general
public the opportunity to view a crane at the location and height
of the proposed tower. Thereafter, a visual sight distance analysis
shall be prepared by the applicant and presented to the Planning Board,
including photographic reproductions of the crane test, graphically
simulating the appearance of the proposed tower, with at least three
antenna arrays attached thereto and from at least 15 locations around
and within one mile of any proposed tower where the tower will be
most visible.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
In order to effectuate the purposes, objectives and goals of these
ordinance provisions, any applicant for approval to erect a new supporting
tower for wireless communication antennas shall provide threshold
evidence that the proposed location of the tower and antennas has
been planned to result in the fewest number of towers within and around
the Township of Millstone at the time full service is provided by
the applicant.
b.
The applicant shall provide an overall Comprehensive Plan indicating
how it intends to provide full service within and around the Township
of Millstone and, to the greatest extent possible, shall indicate
how its plan specifically relates to and is coordinated with the needs
of all other providers of wireless communication services within and
around the Township.
c.
The overall Comprehensive Plan shall indicate the following, and
this information shall be provided at the time of the initial submission
of the application:
1.
The mapped location and written description of all existing and approved
supporting towers for all providers of wireless communication services
within one mile of the subject site, both within and outside of Millstone
Township;
2.
The mapped location and written description of all existing or approved
water towers or water standpipes and existing high tension power line
stanchions within one mile of the subject site, both within and outside
of Millstone Township;
4.
How the proposed location of the proposed antennas specifically relates
to the anticipated need for additional antennas and supporting structures
within and near the Township of Millstone by the applicant and by
other providers of wireless communication services within the Township;
5.
How the proposed location of the proposed antennas specifically relates
to the objective of collocating the antennas of many different providers
of wireless communication services on a single supporting structure;
and
6.
How the proposed location of the proposed antennas specifically relates
to the overall objective of providing adequate wireless communication
services within the Township of Millstone while, at the same time,
limiting the number of towers to the fewest possible, including alternate
technologies which do not require the use of towers or require towers
of a lesser height.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
The proposed tower, antennas and ancillary related electronic equipment
are required to be located on a land area no less than 20,000 square
feet;
b.
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
c.
The proposed tower, antennas and related equipment, and any approved
building housing the electronic equipment and any approved camouflaging
of the tower, shall be the only land uses, located on the required
20,000 square foot land area, whether a separate lot or a leased portion
of a lot; and
d.
Except for any access driveway into the property, required landscaping
and any underground utility lines reviewed and approved by the Planning
Board as part of the site plan submission, no building, tower, other
structure and/or disturbance of land shall be permitted within the
following areas:
1.
Within 100 feet of any street line;
2.
Within 200 feet of any lot line other than a street line;
3.
Within 1,000 feet of an historic district or site as duly designated
by Millstone Township, Monmouth County, the State of New Jersey and/or
by the Federal government;
4.
Within 500 feet of any existing residential dwelling unit; and
5.
Within 750 feet of any residential district boundary line, except
that this provision shall not apply to any residential district boundary
line within the right-of-way of Interstate I-195.
[Ord. No. 05-47 § 1; Ord. No. 08-27 § 2; Ord. No. 2015-12]
a.
All towers shall be a monopole design.
b.
All towers shall be camouflaged (e.g., housed in a silo, bell tower,
etc., or made to look like a tree or a non-oversized flagpole) as
may be appropriate in the context of the visibility of the tower from
different vantage points throughout the Township and the existing
land uses and vegetation in the vicinity of the subject site.
c.
The height of any proposed new tower and the antennas attached thereto
shall not exceed 125 feet from the existing ground level beneath the
tower, unless a higher height is approved by the Planning Board for
collocation purposes.
d.
No signage is permitted except such information signs deemed necessary
for safety purposes by the Planning Board.
e.
Minimal off-street parking shall be permitted as needed and as specifically
approved by the Planning Board.
f.
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the Planning Board all applicable FAA
standards regarding lighting that may apply to a proposed tower.
g.
Individual shelters for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
1.
Any proposed shelter/cabinet enclosing required electronic equipment
shall not be more than 15 feet in height nor more than 375 square
feet in area, and only one such shelter/cabinet shall be permitted
per carrier.
2.
Unless otherwise approved by the Board, all of the shelter/cabinets
for the required electronic equipment for all anticipated communication
carriers to be located on the subject site shall be housed within
a single 1 1/2 story building, which building shall not exceed
1,000 gross square feet in area and 25 feet in height, and which shall
be designed with a single-ridge, pitched roof with a residential or
barn-like appearance;
3.
Any proposed shelter/cabinet approved by the Board not to be located
within a building shall be finished with a decorative surface, and
the color(s) of the shelter/cabinet, all antennas, ice bridges and
any other equipment associated with the proposed wireless communication
antennas shall be compatible with the color(s) of the existing structure
and with the related development on the subject property.
4.
Any required generator shall be located within the accessory shelter/cabinet
on the side of the shelter/cabinet opposite from the nearest existing
residential dwelling on an adjacent property and any inside or outside
cooling equipment also shall be located on the side of the shelter/cabinet
opposite from the nearest existing residential dwelling on an adjacent
property; there shall be no perceptible noise emitted from the antennas,
shelter/cabinet and/or other accessory equipment at any residential
property line except for generator testing up to one hour per week
and emergency situations when the generator must be operating.
5.
The building and/or shelter/cabinets and any other accessory equipment
shall not be exteriorly lit except that one light at the entrance
to the building and/or shelter/cabinets shall be permitted, provided
that the light shall not exceed 70 watts and shall be manually operated.
6.
The fencing surrounding the building, any outside shelter/cabinet(s)
and any outside cooling equipment shall be an eight-foot high board-on-board
fence.
7.
No electronic equipment shall interfere with any public safety communications.
8.
All of the electronic equipment shall be automated so that the need
for on-site maintenance and the commensurate need for vehicular trips
to and from the site will be minimized.
h.
Between the location of the tower and the building enclosing related
electronic equipment and any public street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
1.
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower during all four seasons of
the year, particularly at its base, to the maximum extent reasonably
possible, and to enhance the appearance of the building from the surrounding
residential properties and any public street;
2.
The landscaping plan shall be prepared by a licensed landscape architect
who shall present testimony to the Planning Board regarding the adequacy
of the plan to screen the tower from view and to enhance the appearance
of the building; and
3.
Any newly planted evergreen trees shall be at least eight feet high
at time of planting, and any newly planted deciduous trees shall be
a minimum caliper of three inches at time of planting.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) have
been met; and
b.
A letter of intent by the applicant, in a form that is reviewed and
approved by the Planning Board Attorney, indicating that the applicant
will share the use of any tower with other approved wireless communication
carriers at reasonable rates that are economically viable.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
The following are not conditions, standards and limitations
for the location of wireless communication towers, but are preferences
of the Township:
a.
To the greatest extent possible, no tower shall be located to be
visible from any historic district or site as duly designated by the
Township of Millstone, Monmouth County, the State of New Jersey and/or
by the Federal government.
b.
To the greatest extent possible, no tower shall be located to be
visible from any street.
c.
To the greatest extent possible, any tower shall be located behind
existing buildings and/or natural topographic elevations in order
to screen the tower from view from adjacent properties and from any
street right-of-way.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
All other applicable requirements of this section not contrary to
the conditions, standards and limitations specified herein shall be
met, but waivers and/or variances of such other applicable requirements
may be granted by the Planning Board.
b.
The applicant (and the landowner in the instance of a leased property)
shall provide a performance bond and/or other assurances satisfactory
to the Planning Board, in a form approved by the Planning Board Attorney,
that will cause the antennas, any supporting tower, the electric equipment
cabinets, any building enclosing the electronic equipment shelters,
and all other related improvements to the land to be removed, at no
cost to the Township, when the antennas are no longer operative. Any
wireless communication facility not used for its intended and approved
purpose for a period of six months shall be considered no longer operative
and shall be removed by the responsible party within 60 days thereof.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
In addition to its normal professional staff, given the technical
and specialized nature of the testimony by the applicant's radio frequency
expert(s), the Planning Board may, at the applicant's expense, hire
its own radio frequency expert to review and comment upon the testimony
presented by the applicant. Additionally, based upon other testimony
presented by the applicant, the Planning Board may hire other experts
with specialized areas of expertise if deemed necessary, also at the
applicant's expense.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
Any application submitted to the Millstone Township Zoning Board
of Adjustment for a "use" variance to construct or install wireless
communication antennas and/or a new wireless communication tower in
a location not permitted by this section or for a variance from any
of the conditions, standards and limitations established for second
priority locations in this section shall be required to submit all
of the information required herein for second priority locations,
and no such application shall be deemed complete unless all of the
required information is provided or unless the need to provide the
required information is specifically waived by the Zoning Board of
Adjustment.
