A.
Zoning affects every use and structure. Except as
previously or hereinafter provided, it shall be unlawful to locate,
relocate, erect, construct, reconstruct, enlarge or structurally alter
any building or structure except in conformity with the regulations
of the district in which such building or structure is located.
B.
Except as previously or hereinafter provided, it shall
be unlawful to use any land or building for any purpose other than
is permitted in the district in which such land or building is located.
Required yards cannot be reduced or used by another building. No open space provided around any building for the purposes of complying with the provisions of this chapter shall be considered as providing space for any other building, except as set forth in § 205-5. Decks and patios when constructed outside the building area shall not exceed one foot above ground level elevation; otherwise, they shall be considered as ground-covering area.
An accessory building shall be subject to the
following requirements:
A.
They shall not be located in any required front yard,
except that swimming pools shall be permitted in the front yard of
properties immediately adjacent to the ocean, bay or lagoon, provided
that such structure complies with all other zoning ordinances and
setback requirements.
[Amended 3-1-1991 by Ord. No. 91-7C]
B.
They shall not exceed one story or 15 feet in total
height at the ridge, where the roof slopes directly from the ridge
to the sidewalls, which sidewalls shall not exceed 10 feet in height.
Any accessory building which does not have a ridge with straight roof
slope to the sidewalls shall not exceed 10 feet in height. Any loft
area of any accessory building or garage may not be used for living
quarters.[1]
[Amended 2-18-1983 by Ord. No. 83-2C; 11-2-1984 by Ord. No. 84-28C; 11-4-1994 by Ord. No. 94-38C; 7-22-2005 by Ord. No. 05-18C]
[1]
Editor’s Note: Former Subsection C, regarding accessory
building setbacks, as amended, was repealed 3-6-2017 by Ord. No. 17-06C.
This ordinance also redesignated former Subsection D as Subsection
C.
C.
Exceptions.
[Added 6-19-1998 by Ord. No. 98-16C; 10-6-2000 by Ord. No.
00-12C; 10-3-2003 by Ord. No. 03-21C; 4-20-2017 by Ord. No. 07-13C; 10-26-2016 by Ord. No. 15-43C; 3-6-2017 by Ord. No. 17-06C]
(1)
One outside shower unit of typical design and no greater
than 32 square feet shall be exempt from the lot coverage provisions
of the zone in which the lot is situate.
(2)
All accessory outdoor kitchen structures shall not exceed a maximum
of 3% of the total lot area on which the structure is located.
[Amended 9-18-2009 by Ord. No. 09-15C]
In any district in the Township of Long Beach,
any corner lot, as that term is defined in this chapter, shall maintain
a site triangle established by determining the point 25 feet removed
from the point of intersection of the two lines constituting the streets
or easements which intersect to form the corner lot and connecting
those two points with a straight line. In the corner site triangle
no fence, sign or other structure, planting or other obstruction to
vision higher than two feet six inches above the established grade
at the center line of the intersecting street, streets, easement or
easements shall be erected, placed, permitted or maintained.
[Added 12-16-1994 by Ord. No. 94-44C; amended 8-3-2004 by Ord. No. 04-17C; 3-6-2017 by Ord. No. 17-06C]
A.
Except as otherwise provided in this chapter, the following regulations
shall apply to all public rights-of-way and dedicated streets in the
Township:
(1)
No structure of any kind shall be erected, placed, or maintained
within any public right-of-way, easement, or dedicated street.
(2)
Except as otherwise provided in Subsection B(2), no trash bins, garbage bins and the like shall be located or placed within any portion of any public right-of-way, easement, or dedicated street.
(3)
No planting or vegetation shall be maintained in such manner that
the same shall overgrow or intrude upon or over the paved portion
of any public right-of-way, easement, or dedicated street.
(4)
No vegetation shall be planted or maintained which obstructs any
part of any directional sign or traffic sign along any public right-of-way,
easement, or dedicated street.
(5)
Property owners shall trim and maintain all vegetation so that it
will not obscure or obstruct the vision line of any portion of any
directional sign or traffic sign from the right-of-way or street and
shall further trim and maintain all vegetation so that it neither
intrudes upon or over the paved portion of any public right-of-way,
easement, or dedicated street. The term "paved portion" shall include
any improved sidewalk area abutting or adjacent to any such public
right-of-way or public street.
B.
Permitted use of public right-of-way between paved area of public
right-of-way and an abutting owner's property line.
(1)
In that portion of the public right-of-way extending five feet from
the edge of the impervious pavement toward the abutting owner's property
line, no obstructions may be placed and that area shall remain clear
and unobstructed. The only improvements which may be installed at
the owner's desire are as follows:
(2)
In that area of the public right-of-way extending a distance of five
feet perpendicular to the abutting owner's property line, the following
may be installed:
(a)
Ground cover not over 12 inches high.
(b)
Shade trees which are located a minimum of 7.5 feet from the
exterior face of the curbline and no more than 2.5 feet from the owner's
property line toward the impervious improved street coverage which
shade trees shall clear the elevation of the sidewalk by not less
than eight feet.
(c)
Trash bins not exceeding 32 inches in height.
C.
Permitted use of public right-of-way between paved area of public
right-of-way and mean high water line of any bay abutting westerly
shore of Long Beach Island.
(1)
In that portion of the public right-of-way extending from the westerly
end of any paved portion of the public right-of-way to the mean high
water line of any body of water fronting on the westerly sideline
of Long Beach Township, the storage or placement of any boat, vessel
or other watercraft of any sort, kind or description without the owner
being in attendance thereof and present shall be prohibited, and no
vessel, boat or other watercraft shall be left unattended in such
public right-of-way.
[Amended 10-6-2000 by Ord. No. 00-12C]
All off-street parking areas shall be surfaced
with either gravel or paved with asphalt or concrete. All commercial
parking areas shall be paved with porous pavement meeting New Jersey
Department of Transportation (DOT) specifications and approved by
the Township Engineer and properly lined so as to designate the parking
spaces and shall have adequate lighting for the entire parking area.
All parking areas, commercial or residential, shall be designed with
parking patterns to permit ready and adequate ingress and egress to
each parking space in accordance with sound traffic engineering design
standards.
[Added 4-6-2001 by Ord. No. 01-2C]
It shall be unlawful for any person to garage
or park any of the hereinafter defined commercial vehicles or commercial
equipment on any residential property or any public street within
a residential zone in the Township of Long Beach, except in accordance
with the provisions of this chapter.
A.
No more than one commercial vehicle with a gross weight
not exceeding two tons, with two axles, owned and used by a resident
of the premises may be garaged or parked on any residential property
or any public street within a residential zone in the Township of
Long Beach. All commercial vehicles in excess of two tons gross weight
shall be parked in commercial parking lots only.
B.
No commercial equipment as hereinafter described shall
be parked on any residential property or any public street within
a residential zone in the Township of Long Beach. All said equipment
shall be parked in commercial lots only.
C.
Commercial vehicles and commercial equipment shall
be permitted to be on site for active and ongoing construction purposes
authorized by the required zoning and construction permits only and
shall be removed from a site in accordance with the following.
[Amended 9-14-2020 by Ord. No. 20-21C]
(1)
All
commercial vehicles and commercial equipment shall be immediately
removed from the site if the required permits have not been issued,
expire, or otherwise become invalid.
(2)
All
commercial vehicles and commercial equipment shall be immediately
removed from the site if construction activity is suspended or if
the site is abandoned for a period of 30 days or more.
(3)
All
commercial vehicles and commercial equipment shall be immediately
removed from the site once all work has been completed and prior to
and as a condition of the issuance of a certificate of approval or
certificate of occupancy.
[Added 7-5-2002 by Ord. No. 02-08C]
One temporary construction trailer and one furniture
storage trailer are permitted on a construction site beginning with
the issuance of a building permit. Construction trailers must be removed
before a certificate of occupancy shall be issued. Trailers storing
the homeowners furniture during renovations/construction must be removed
within 14 days of the issuance of the certificate of occupancy. Such
temporary construction trailers and temporary furniture storage trailers
shall, wherever practical, be located on the property upon which construction
or renovations are being conducted. They may only be parked in the
street in front of the construction site when there is no other practical
location on the property to park it, subject to the approval of the
Chief of Police who shall in giving approval give due consideration
as to traffic, fire and emergency vehicle access to the subject property
and surrounding properties. Such trailers shall not be permitted to
be located on any public street between June 1 and September 15 of
any year.
Any land which shall be henceforth included
within the jurisdictional limits of the Township shall be subject
to the regulations which pertain to the R-10 Zone. The Planning Board
shall then study the newly acquired land and make recommendations
to the governing body as to the zoning classification of the land.
[Amended 1-2-1987 by Ord. No. 87-3C; 3-16-1990 by Ord. No. 90-9C; 9-19-1997 by Ord. No. 97-18C; 6-19-1998 by Ord. No. 98-16C; 1-22-1999 by Ord. No. 99-5C; 10-8-1999 by Ord. No. 99-28C; 12-17-1999 by Ord. No. 99-30C; 10-6-2000 by Ord. No. 00-12C; 7-22-2005 by Ord. No. 05-18C; 4-23-2010 by Ord. No.
10-10C]
The following shall apply:
A.
In all AE Zones and AO Zones as shown on the current FEMA Flood Insurance
Rate Map, the FIRM, no building shall be erected or enlarged which
shall exceed 34 feet in height.
[Amended 1-18-2013 by Ord. No. 12-32C; 3-22-2013 by Ord. No.
13-04C; 8-2-2013 by Ord. No. 13-28C]
B.
On bayfront lots and lagoon lots, no building shall be erected or
enlarged which shall exceed 34 feet in height. In measuring the building
height to determine a conformity with this subsection, the measurement
shall be taken from the crown of the road, easement, maximum finished
grade of the lot, or finished bulkhead on which the building is located,
but in no case shall the point of measurement exceed Elevation 5 NAVD
1988.
[Amended 1-18-2013 by Ord. No. 12-32C; 3-22-2013 by Ord. No.
13-04C; 8-2-2013 by Ord. No. 13-28C; 10-26-2016 by Ord. No. 15-43C; 12-5-2022 by Ord. No. 22-24C
C.
In all oceanfront VE Zones as shown on the current FEMA Flood Insurance
Rate Map, the FIRM, no building shall be erected or enlarged which
shall exceed 36 feet in height.
[Amended 3-22-2013 by Ord. No. 13-04C; 8-2-2013 by Ord. No.
13-28C]
D.
In measuring the height of any building to determine its conformity with the height restrictions hereinabove set forth in Subsections A and B and C, except for flag lots, the measurement shall be taken from the crown of the road or easement giving access to the lot on which the building or structure is located. The point of measurement from which the height restriction is taken at the crown of the road or the height restriction is taken at the crown of the road or easement shall be on a straight line perpendicular to the edge of the easement or road running directly from the crown of the road or easement opposite the center line of the lot frontage on the road or easement to the place where the nearest vertical face of the building shall intercept the finished grade of the lot.
[Added 3-22-2013 by Ord. No. 13-04C]
(1)
On any interior flag lot, measurements shall be taken from the crown
of public road or easement upon which the flag fronts with the point
of measurement taken at the crown of the road or easement at the center
point of the flag and running on a straight line perpendicular to
the edge of the road or easement, running directly from the crown
of the road or easement to a point opposite the center of the buildable
portion of the lot and thence running in a straight line to the point
where the nearest vertical face of the building, shall intercept the
finished grade of the lot.
E.
In the V Zone-14, the oceanfront V Zone, no building or structures
which are located on lots regulated by the established oceanfront
building line shall be erected or enlarged which shall exceed 36 feet
in height measured from the intersection of the westerly most vertical
face of the building and the grade upon which the building or structure
is located.
[Added 3-22-2013 by Ord. No. 13-04C]
F.
The following structures may exceed the height limits prescribed
by this chapter as set forth as follows.
[Added 3-6-2017 by Ord.
No. 17-06C; amended 4-6-2020 by Ord. No. 20-10C; 3-7-2022 by Ord. No. 22-06C]
(1)
Chimneys provided for fireplaces and the like: maximum of 42 inches.
(2)
Freestanding flagpoles shall be permitted with height limitations
not to exceed the following.
(3)
Satellite dish antennas not exceeding two feet in diameter: maximum
of three feet.
(4)
Open railing systems for safety around rooftop decks which do not
exceed 42 inches in height and which are open and unobstructed to
the maximum extent permitted by appropriate building codes.
(5)
Television antennas: maximum of eight feet.
(6)
Elevator towers.
[Amended 10-2-2023 by Ord. No. 23-23C]
(a)
Commercial: Elevator structure enclosures shall be a maximum
of 100 square feet of floor area and may exceed the maximum building
height no more than eight feet.
(b)
Residential: Elevator structure enclosures shall be a maximum
of 64 square feet of floor area and may exceed the maximum building
height no more than eight feet.
[1]
The elevator tower which exceeds the maximum permitted height
limitation shall be located no less than 10 feet from all exterior
walls of the building in which it is located and no less than 15 feet
from the exterior front wall of such building.
[2]
The elevator tower shall contain nothing other than the elevator
which it is designed to house.
(7)
Heating,
air-conditioning and ventilating units: may exceed the maximum building
height no more than 42 inches.
[Added 10-2-2023 by Ord. No. 23-23C]
G.
No portion of any permitted permanent or built-in structures, pools, hot tubs, outdoor kitchens, any type of fire device, awnings, pergolas, flags other than as permitted by Subsection F(2) above, decorations, landscaping, real or fake plants, or similar property, accessories, and fixtures shall exceed the maximum permitted building height of the applicable zone, except one portable cooking grill not exceeding 12 square feet, moveable or portable deck furniture, and patio table umbrellas shall be permitted to exceed the maximum permitted building height.
[Added 3-7-2022 by Ord. No. 22-06C]
[Amended 8-15-1986 by Ord. No. 86-17C; 9-15-2006 by Ord. No. 06-27C; 11-20-2009 by Ord. No. 09-31C; 8-21-2015 by Ord. No. 15-33C; 5-2-2016 by Ord. No. 16-17C]
A.
Except as otherwise set forth herein, in all sections of the Long
Beach Township, when measuring setback requirements for front yard,
rear yard, and side yard, the measurements shall be taken from the
property lines and from any easement line existing on said lot exclusive
of walkway, utility, and drainage easements.
[Amended 3-6-2017 by Ord.
No. 17-06C]
(1)
No accessory building shall be closer than the setback specified
for the zone where the structure is located.
[Amended 3-6-2017 by Ord.
No. 17-06C]
B.
Setback requirements on lots on the turning circle of culs-de-sac.
When any lot is situated on the turning circle of a cul-de-sac, no
principal or accessory structure shall be closer than 10 feet to the
street line, but in no case shall it be closer than the prevailing
setback line of the street if the same were to be fully extended across
the turning circle of the cul-de-sac.
(1)
Setbacks on lots fronting on culs-de-sac shall be computed by measuring
back on each side line the required distance, and then striking a
line between the two points, provided that in no event shall any building
be erected less than 10 feet to the street line.
(2)
On lots fronting or abutting rectilineal turnarounds on private easements,
setbacks shall be measured from the access easement boundary lines
which such rectilineal turnarounds serve. In the event the map creating
such rectilineal turnaround does not show the easement line extending
through the turnaround, setbacks shall be measured from the easement
line as though the easement line extended through such turnaround.
[Amended 3-6-2017 by Ord.
No. 17-06C]
C.
Setback requirements for lots adjacent to bay or lagoon waters and
lots in the beach dune area.
[Amended 1-8-2018 by Ord.
No. 17-45C; 9-7-2022 by Ord. No. 22-20C]
(1)
When any lot is situated immediately adjacent to bay or lagoon waters,
whether bulkheaded or not, no principal or accessory structure shall
be closer than 10 feet from the waterline.
(2)
When measuring the setback requirements for the yard adjacent to
the bay or lagoon waters, the measurements shall be taken from the
waterline and from any easement line existing on said lot exclusive
of walkway, utility, and drainage easements, not the property line.
(3)
In the beach dune area, if the principal structure fronts on the
ocean, and the westerly side of the structure is the rear yard, then
the minimum rear yard requirements shall be taken from the oceanfront
building line. If the oceanfront building line does not traverse the
property, then the measurement shall be taken from the easterly property
line.
D.
Setback requirements for lots in flood zones. In all A and V Zones
established pursuant to the FEMA Rate Maps referenced in § 95-4
of the Code, any structure may have a first-floor extension elevated
floor extending in the front or the rear yard which may extend not
more than six linear feet vertically from the vertical face of the
building and may not be larger than 60 square feet total to provide
for required mechanicals, i.e., hot-water heater, heating, and ventilating
equipment and the like. Any such extension as provided for in this
subsection shall not be considered lot coverage.
E.
Setbacks in developed neighborhoods.
(1)
Where a lot is situated between two lots each of which is developed
with a main building, the minimum front-yard setback requirement of
such lot may be the average of the front yards of the existing buildings
but not less than 10 feet.
(a)
On any corner lot, the owner of such lot may determine upon
which street he or she wishes the main building to front. The front
yard shall have the minimum setback required by this chapter; provided,
however, that if the main building on the adjoining lot fronting on
the street upon which street the owner wishes his or her main building
to front provides for a front yard setback of less than that required
by this chapter the corner lot being developed may maintain the same
front yard setback as the adjacent building; provided, however, that
such front yard distance shall not be less than 10 feet. The street
not selected as the front yard shall be designated as the side yard.
All front-yard and side-yard regulations shall apply to the lot, as
selected.
[Added 2-3-2020 by Ord. No. 20-01C]
(2)
Where a lot adjoins one lot developed as described above and a vacant
lot, the minimum front yard requirement of such lot may be the average
of the front yard of the existing building and the established front
setback line.
(3)
Where in a given block along the bay front there is a pronounced
uniformity in the alignment of existing buildings and the setback
depths are greater than required by the setback requirements of this
chapter, then any new building shall conform substantially with the
established setback line.
F.
Permitted encroachments into setbacks.
(1)
Chimneys extending or protruding no more than 24 inches from the building and no more than six feet in width along the building shall be permitted to encroach into the front, side, and rear yard setbacks of the applicable zone. The base of the chimney within the front yard setback shall be a minimum of eight feet above the grade and the top of the chimney shall not exceed the maximum overall building height as stated in § 205-10 of this Code. All chimney encroachments shall not be considered within the lot coverage calculations.
[Amended 12-4-2017 by Ord. No. 17-41C]
(2)
Construction of landings and stairs providing entry in connection
with a house being raised so that the first-floor level is above base
flood elevation (BFE) level may have 70 square feet projecting no
more than eight feet from the face of the building for reconfigured
entries, of which there can be no more than two. Each of the two allowable
entries may have an additional 70 square feet, and these entries which
do not exceed 70 square feet shall not be considered lot coverage.
Regardless of the number or size of entries, a maximum of 32 square
feet of entryway may be roofed over and enclosed to be weathertight.
The enclosed space cannot project more than four feet from the face
of the building. A handicap chair lift constructed onto existing houses
or a house being raised shall encroach within the front, rear, and
side yard setbacks and not less than the minimum required setback
for the zoning district where the chair lift is located.
[Amended 12-4-2017 by Ord. No. 17-41C]
(3)
Roof overhangs and window units.
(a)
No roof or roof deck shall project more than 24 inches beyond
the exterior walls of the living space of the building. The permitted
24 inches of roof or roof deck projection shall not be considered
lot coverage and may encroach into the front, rear and side yard setbacks
of the lot upon which the building is located.
[Amended 7-6-2021 by Ord.
No. 21-17C]
(b)
Window units projecting not more than 24 inches from the face
of a building which are no more than eight feet along the vertical
face of the building wall shall not be considered lot coverage and
may encroach into the front and rear yard setbacks of the lot on which
the building is located. Such window units encroaching into the rear
yard shall be no closer than 15 feet to any residentially or commercially
occupied building on the contiguous lot to the rear.
(4)
Electric meter platforms, projecting not more than four feet from
the building exterior wall and no more than three feet wide and a
maximum of 24 inches above grade, with two steps, shall not be considered
lot coverage and may encroach into the front and side yard setbacks
of the lot on which the platform is located.
(5)
Flagpoles and decorative posts may encroach into the front, rear,
and side yard setbacks of the lot.
[Added 2-6-2017 by Ord.
No. 17-01C]
(6)
Air conditioner compressor platforms not to exceed in total 32 square
feet, pool equipment platforms not to exceed in total 32 square feet,
and emergency generator platforms not to exceed in total 32 square
feet may be located within the principal side yard setback from the
street extending not more than four feet into the required setback
from the property line. Ductless air conditioner units may encroach
into the side and rear yard setbacks a maximum of 18 inches.
[Added 3-6-2017 by Ord.
No. 17-06C; amended 9-7-2022 by Ord. No. 22-20C]
(a)
Emergency generators shall not be located less than 18 inches from
any principal or accessory building.
(7)
Temporary handicap ramps and walkways for which a physician's note
has been provided to the Zoning Officer. Such ramps and walkways shall
be permitted so long as required for use by the occupant at the property
and shall be removed when no longer necessary, including, but not
limited to, when the person no longer maintains his/her residence
at the property and/or when the property is sold.
[Added 3-6-2017 by Ord.
No. 17-06C]
(8)
An exterior elevator tower may be permitted on all residential buildings constructed prior to October 29, 2012. The elevator tower may encroach into the rear yard only, not more than six feet from the face of the existing building and not greater than 36 square feet in area. The elevator tower shall not exceed the maximum building height as stated in §205-10A and C and shall be exempt from lot coverage and impervious coverage requirements.
[Added 5-6-2019 by Ord.
No. 19-11C]
G.
Riparian related setbacks. For all lots created by combining upland
with adjacent riparian grants, all building line setbacks shall be
measured from the edge of any lands flowed by tidewater or the edge
of any lagoon.
H.
Mapped wetland lot setbacks.
(1)
For land mapped by the State of New Jersey as wetlands, all building
line setbacks shall be measured from the edge of any mapped wetlands,
mapped pursuant to the Wetlands Act of 1970.
(2)
For all such mapped wetlands, the setbacks shall be measured from
the property line and not the waterline as set forth in 205-11(C),
regardless of whether the lot is adjacent to bay or lagoon waters.
[Amended 7-22-2005 by Ord. No. 05-19C; 9-15-2006 by Ord. No.
06-27C]
A.
Lots fronting on the ocean located in the Beach Dune Area shall have
two side yards totaling 15 feet in width, the minimum width of one
side yard being not less than four feet and provided, further, that
there must be 15 feet between the two adjacent houses and provided,
further, that the other side yard must have a minimum of nine feet
to provide for a driveway.
[Amended 1-23-2015 by Ord. No. 15-01C; 3-16-2015 by Ord. No. 15-06C]
B.
In all areas of Long Beach Township every building
shall have side yards totaling not less than 30% of the lot frontage
but in no event less than a total of 15 feet with a minimum of four
feet on one side. Where the Long Beach Township Zoning Ordinance[1] requires wider side yards, such side yards shall be provided
to conform with the requirements of the ordinance, and the requirements
herein set forth are minimum requirements only.
[Amended 3-6-2017 by Ord.
No. 17-06C; 3-5-2018 by Ord. No. 18-12C]
(1)
When a lot is an irregular shape and the lot frontage is greater
than the opposite lot line, the total side yards will be calculated
by the average of the sum of both lot lines multiplied by 30%, but
in no event less than the minimum total side yards required for the
zone where the lot is located.
[Added 3-6-2017 by Ord.
No. 17-06C]
C.
Distance between houses.
[Amended 3-5-2018 by Ord.
No. 18-12C]
(1)
A minimum distance of 15 feet shall be maintained between adjoining
houses, and the measurement shall be taken from the most projected
surface of the building that exists at least one foot above the ground,
including, but not limited to, from elevated decks and bay windows.
(2)
Approved chimneys, outdoor stairways, HVAC units, emergency generators,
pool equipment, and electric meters shall be exempt and not considered
the most projected surface pursuant to the above measurement requirement.
[Amended 7-18-1997 by Ord. No. 97-16C]
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit has been granted
before the effective date of any amendment to this chapter, provided
that the building, structure or part thereof shall be completed and
a certificate of occupancy issued within 90 days from the effective
date of said amendment.
Questions concerning the exact location of district
boundary lines shall be determined by the Land Use Board in accordance
with rules and regulations which may be adopted by it as hereinafter
provided.
[1]
Editor's Note: Former § 205-15, Setback requirements,
as amended, was repealed 5-2-2016 by Ord. No. 16-17C.
[Amended 12-18-1992 by Ord. No. 92-29C]
All lots created by combining upland with adjacent
riparian grants or lagoons shall have an upland area equal to the
minimum lot area requirement provided in the zone district. All building
line setbacks shall be measured from the edge of any lands flowed
by tidewater or the edge of any lagoon.
[Amended 2-15-1980 by Ord. No. 80-6C; 7-8-1983 by Ord. No. 83-12C; 5-4-1984 by Ord. No. 84-9C; 11-4-1994 by Ord. No. 94-38C; 5-24-2002 by Ord. No.
02-04C; 11-17-2006 by Ord. No. 06-35C; 3-6-2017 by Ord. No. 17-06C]
A.
All lots created by subdivision prior to October 5, 1979, and having
a minimum width of 40 feet at the street line or on the ocean or the
bay and a minimum lot area of 3,000 square feet, in single ownership
with a deed vesting such ownership duly recorded in the Ocean County
Clerk's Office in Toms River. New Jersey, on or before June 1, 1979,
and which lot is located between two adjacent lots on each of which
adjacent lots a conforming structure has been erected pursuant to
a valid and properly issued building permit issued prior to June 3,
1983, shall, for the purposes of this chapter, be considered conforming
lots.
B.
Any lot having a minimum lot area of 3,000 square feet and a minimum
width of 40 feet at the street line or on the ocean or the bay which
has been created by formal action of the Long Beach Township Planning
Board shall, for a period of five years from the final approval granted
by the Long Beach Township Planning Board, be considered to be a valid
and conforming lot even though said lot shall not be in individual
ownership as of June 1, 1979.
C.
Any structure erected on or before June 1, 1979, in conformity with
the zoning setback requirements in effect on the date of erection
shall be considered a conforming structure under this chapter and
alterations and additions thereto may be made to such structure without
recourse to the Land Use Board; provided, however, that no nonconformity
shall be created or enlarged under the terms of this chapter by such
alteration or addition.
D.
Any lot upon which a multiple-family dwelling has been erected and which multiple-family use is reflected on the tax assessment records of the Township of Long Beach as well as the Sewer Department records of the Township of Long Beach as of January 1, 2001, may be replaced, provided that the following conditions are met: i) the new structure shall not contain more than two dwelling units; ii) all requirements as to lot coverage, height, front, side and rear yard setbacks, and all other requirements for the construction of a dwelling in the zone in which the lot is located, are met; and iii) the off-street parking requirements of Chapter 205 apply for each dwelling unit of the multifamily dwelling. If the nonconforming multiple-family structure is occupied only as a two-family use and is reflected on the tax assessment records of the Township of Long Beach as well as on the Sewer Department records of the Township of Long Beach as of January 1, 2001, the same may be enlarged provided the conditions in Items i), ii), and iii) above are met and complied with.
[Amended 6-5-2023 by Ord. No. 23-17C]
E.
Continuances. Except as otherwise provided in this section, the lawful
use of land or buildings existing may be continued, although such
use or building does not conform to the regulations specified by this
chapter for the zone in which the land or building is located, provided
that the use of land or buildings complies with the following:
(1)
No nonconforming lot shall be further reduced in size without a variance.
(2)
No nonconforming building shall be enlarged or altered in such a
manner which would increase the degree of nonconformity without a
variance.
(3)
No nonconforming use may be expanded without a variance.
(4)
Notwithstanding the foregoing, any existing single-family or multifamily
residential structures and uses located in the general commercial
zone and split residential and commercial zones may be enlarged or
altered without a variance provided the use remains single-family
or multifamily residential, no additional primary residential structures
or subdivisions are created, and the proposed construction complies
with the closest residential zone district requirements. If a property
is located in two residential zone districts, the more restrictive
residential zone district requirements shall apply.
[Added 6-7-2021 by Ord.
No. 21-15C]
(5)
The
prohibition of single-family and multifamily residential structures
in commercial zones is prospective to new residential construction.
Any commercial lot or lot within both a commercial and residential
zone upon which the use was single-family or multifamily residential
at the time of the prohibition may continue the residential use of
the property in compliance with the closest residential zone district
requirements until the lot use is affirmatively changed to nonresidential
by the owner, e.g., the total destruction of a residential property
by a storm may be rebuilt and a residential structure may be demolished
and later rebuilt as a residential.
[Added 7-6-2021 by Ord.
No. 21-20C]
(6)
Any
vacant lot located in a commercial zone which was not developed as
a commercial or mixed use prior to the prohibition of single-family
and multifamily residential is permitted to construct a single-family
or multifamily use in compliance with the closest residential zone
district requirements.
[Added 7-6-2021 by Ord.
No. 21-20C]
F.
Abandonment. A nonconforming use shall be adjudged as abandoned when
there occurs a cessation of any such use or activity by an apparent
act or failure to act on the part of the tenant or owner to reinstate
such use within a period of one year from the date of cessation or
discontinuance. Such use shall not be reoccupied except in conformity
with this chapter.
G.
Restoration. Any nonconforming use or structure existing at the time
of passage of an ordinance may be restored or repaired in the event
of partial destruction thereof.
H.
Reversion. No nonconforming use shall, if once changed into a conforming
use, be changed back again into a nonconforming use.
I.
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
[Added 5-16-1980 by Ord. No. 80-19]
A.
All lots shall have a depth as defined in this chapter
of no less than 60% of the lot frontage as defined in this chapter,
but in no instance shall the depth of any lot be less than 50 feet.
B.
A portion or portions of a lot with a dimension or
dimensions of less than 50% of the frontage dimension may be permitted,
but in no instance may such portion or portions be included in calculating
the total area of the lot for the purpose of determining the lot's
compliance with the minimum area requirements of any zone.
C.
When the dimension of one side lot line is greater than the opposite side lot line on the same lot, the lot depth shall be the average of the sum of both side lot lines, but in no instance shall the average be less than the requirements of this chapter set forth in Subsections A and B above.
[Added 3-5-2018 by Ord.
No. 18-12C]
[Added 7-4-1980 by Ord. No. 80-22C]
For the purposes of calculating the width or
depth of any lot fronting on the ocean or bay or on any street or
easement, the minimum frontage, as required by any provision of this
chapter, shall be continuous and unbroken.
[Added 9-5-1980 by Ord. No. 80-29C]
All lots in all districts which have access
thereto granted by private easement shall meet the minimum standards
as hereinbelow set forth:
[Added 7-8-1983 by Ord. No. 83-12C]
In calculating the required minimum area for
any lot in any district or zone within the Township of Long Beach,
no land mapped by the State of New Jersey as wetlands pursuant to
the Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) shall be included
in calculating the minimum lot area as required by this chapter, nor
shall any such lands be included in calculating any minimum lot depth
or minimum lot width as required by this chapter. All building line
setbacks shall be measured from the edge of any mapped wetlands, mapped
pursuant to the Wetlands Act of 1970.
[Added 3-7-2022 by Ord. No. 22-06C]
A.
Pursuant to Chapter 180, only one hot tub is permitted on a roof deck structure, provided it does not exceed 64 square feet in area and does not exceed the maximum building height of the applicable zone. No other swimming pool, lap pool, or any other type of pool shall be installed or permitted on any roof or roof deck structure.
B.
Permitted
permanent and built-in structures, pools, hot tubs, outdoor kitchens,
any type of fire device, awnings, pergolas, flags, decorations, landscaping,
real or fake plants, or similar property, accessories, and fixtures
are permitted on roof and roof deck structures, provided no portion
of the foregoing exceeds the maximum permitted building height of
the applicable zone.
[1]
Editor's Note: Former § 205-22, Measurement of setback
requirements, was repealed 5-2-2016 by Ord. No. 16-17C.
[Added 9-20-1985 by Ord. No. 85-17C]
No approved lot shall have access of less than
20 feet to said lot from an improved street.
[Added 11-2-1984 by Ord. No. 84-27C]
A.
FLOATING HOME
FLOATING HOME MARINA
HOUSEBOAT
MARINA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any vessel in fact used, designed or occupied as a permanent
dwelling unit, business office or source of any occupation or for
any private or social club of whatsoever nature, including but not
limited to a structure constructed upon a barge primarily immobile
and out of navigation or which functions substantially as a land structure
while the same is moored or docked within the corporate limits of
the Township of Long Beach, whether such vessel is self-propelled
or not and whose volume coefficient is greater than 3,000 square feet.
Volume coefficient is the ratio of the habitable space of a vessel
measured in cubic feet and the draft of the vessel measured in feet
of depth.
That area within the Township of Long Beach covered by any
waterway within the Township where one or more sites or locations
are rented or offered for rent, sold or offered for sale for the location
of floating homes.
Those vessels not designed primarily for residential dwelling
units, designed primarily for pleasure craft, recreation and independent
navigation, whose volume coefficient is less than or equal to 3,000
square feet and not considered a floating home in accordance with
the definition set forth above.
A dock or base and operated for profit or to which public
patronage is invited providing moorings or marine services primarily
for power yachts, launches or other water craft other than floating
homes, and which is also capable of removing any and all crafts moored
within the marina out of the water for repair or as a result of emergency
conditions.
B.
Regulations.
(1)
No floating home shall be occupied, and no floating
home marina shall be permitted in any zone within the Township of
Long Beach.
(2)
No marina shall permit the in-water or out-of-water
storage of any floating home.
(3)
No person, firm or corporation shall operate or cause
to be operated a floating home marina or rent, hold out for rent or
sell any site of space for the location of a floating home.
[Added 3-5-1991 by Ord. No. 91-9C; amended 10-18-1996 by Ord. No. 96-22C; 4-18-1997 by Ord. No. 97-6C; 8-6-2010 by Ord. No. 10-34C; 3-1-2021 by Ord. No. 21-07C]
A.
In all
zones, structures to hold trash receptacles and recycling receptacles
shall be permitted as hereinbelow set forth.
(1)
Bins/cribs for watertight receptacles permitted by Chapter 168 may be placed at the property line, but no more than five feet off the front property or easement line. Any structure so placed need not adhere to the side yard setbacks required in that zone.
(2)
Bins/cribs
which extend beyond five feet from the front property or easement
line shall conform to all setback requirements of the zone.
C.
In all
commercial and marine zones, structures to hold trash receptacles
and recycling receptacles shall be permitted at business establishments
as hereinbelow set forth.
(1)
Bins/cribs for watertight receptacles permitted by Chapter 168 may be placed at the property line but no more than five feet off the front property or easement line. Any structure so placed need not adhere to the side yard setbacks required in that zone
(2)
Commercial
receptacles and dumpsters as authorized pursuant to site plan approval.
[Added 2-21-1992 by Ord. No. 92-4C; amended 1-6-2006 by Ord. No. 05-31C; 9-15-2006 by Ord. No. 06-27C; 3-6-2017 by Ord. No. 17-06C]
A.
When two or more lots are created by subdivision in the residential zones of the Township, they shall have the minimum square footage of 6,000 square feet, except as may be provided by § 176-27A.
B.
The minimum requirement of 6,000 square feet and 60 feet of frontage set forth in the preceding subsection shall not be required where a minor subdivision is created pursuant to § 176-27A(1) et seq., and any lot so created shall be exempt from the 6,000 square feet and 60 feet of frontage requirement hereinabove set forth in the preceding subsection.
C.
A single-family dwelling may be constructed in a district where permitted
on any lot shown on a recorded subdivision plat or any lot of official
record on the effective date of this chapter, the owner of which does
not own any adjoining lot or adjacent land, provided that in the opinion
of the Land Use Board the lot area and proposed yard spaces satisfy
as closely as possible the lot and yard requirements of this chapter
for the district in which such lot is located. If the owner of a substandard
size lot owns adjacent lots or parcels of land, such lots or parcels
shall be considered as a single lot, and the area and yard space provision
of this chapter shall apply.
[1]
Editor’s Note: Ordinance No. 17-17C, adopted 6-5-2017,
provided for renumbering throughout this chapter.
[Added 10-20-1995 by Ord. No. 95-32C]
A.
Any private easement established for the purpose of
ingress and egress for the benefit of properties on that easement
shall be maintained by the owners thereof in such a manner as to be
level, unobstructed, free of depressions, potholes and the like. They
shall be of a material so as to ensure that any emergency vehicles,
such as, but not limited to, fire, police and first aid, may obtain
uninhibited access through said easement and further shall ensure
that said emergency vehicles will not be damaged thereby and emergency
personnel and/or occupants are not injured thereby.
B.
Easements developed for the purpose of ingress and
egress shall remain clear and unobstructed by trees, hedges, bushes,
branches or any other growth, nor shall they have any other material
obstructions such as but not limited to stone walls, landscaping devices,
fences, buildings or other materials on or within the easement area.
Temporary structures of any kind shall not be permitted on or within
the easement area.[1]
[Amended 8-17-2001 by Ord. No. 2001-11C]
[1]
Editor’s Note: Former § 205-25.3, Structures in
public right-of-way, added 4-18-1997 by Ord. No. 97-6C, as amended,
which immediately followed this section, was repealed 3-6-2017 by
Ord. No. 17-06C.
[Added 7-5-2002 by Ord. No. 02-08C; amended 5-2-2016 by Ord. No. 16-17C]
Except where the ground level does not constitute
living space and the first floor of living space is the second floor,
in a single-family residence, no outside stairway giving access from
the ground level to the second floor shall be permitted unless there
is an interior stairway. Upon conversion of a two- or multifamily
residence to a single-family residence, an interior stairway must
be provided before a conversion or resale certificate of occupancy
shall be issued. No such outside stairway shall be counted in calculating
lot coverage nor shall side yard requirements be measured from such
outside stairway.
[Added 4-17-2009 by Ord. No. 09-09C]
Where the owner of oceanfront land has conveyed to the Township
of Long Beach that portion of such owner's land lying between the
oceanfront bulkhead line established by the Township of Long Beach
as delineated from time to time on the official Tax Assessment Map
of said Township and the mean high-water line of the Atlantic Ocean,
such conveyed lands may still be included in calculating lot coverage
on the retained portion of the lands when calculating lot coverage
restrictions pursuant to this chapter of the Township of Long Beach
Code, provided that such reservation of rights is contained in the
deed of conveyance.
[Added 1-23-2012 by Ord. No. 11-51C]
It shall be illegal for the owner, operator, or lessee of any
telephone pole, public utility pole, electric pole, or any other pole
providing for the maintenance of wires for the distribution of telephone
signals, telegraph signals, television signals, or electric current
to have installed thereon any solar panel which shall be deemed any
panel designed and installed for the purpose of generating electric
power or electric current in any section or zone in the Township of
Long Beach.
A.
Residential zones.
[Amended 7-3-1981 by Ord. No. 81-12C; 11-20-1992 by Ord. No. 92-22C; 12-19-1997 by Ord. No. 97-33C; 10-6-2000 by Ord. No. 00-12C; 8-8-2003 by Ord. No. 03-16C; 9-5-2003 by Ord. No. 03-20-C; 10-5-2004 by Ord. No.
04-21C]
(1)
Fences or solid walls may be erected within the property
lines of the side and rear yards of any residential lot, not to exceed
five feet in height plus a one-foot allowance for a privacy panel
which shall be at least 50% visibly open, that is to say will not
result in a more than a 50% bar to open visibility, for a total of
six feet, or a chain-link fence that is 100% open may be erected that
may not exceed six feet. Walls and fences may be erected in that area
of a lot fronting on a public street and extending from the property
line to the permissible building setback line not to exceed four feet
in height. Such fences must provide a minimum of 50% continuous visibility
as that term is above described. Fences or walls 30 inches in height
or less may be solid. Fences or walls on corner lots where two streets
intersect must maintain a twenty-five-foot sight triangle on the corner
and shall not exceed 30 inches in height.
(2)
On bayfront and lagoon lots, walls or fences along the bulkhead or
the natural waterline and extending from that point to the permissible
building setback line must not exceed four feet in height.
[Amended 8-22-2014 by Ord. No. 14-26C]
(3)
The maximum height of all fences and solid walls must be measured
from the finished grade within the property lines of the residential
lot upon which the fence or wall is erected.
[Amended 8-22-2014 by Ord. No. 14-26C]
(a)
When installing a fence on top of a retaining wall, the minimum
height of the fence portion shall be four feet and the maximum height
of the fence and wall combination, measured from the base of the wall
at the finished grade, shall not exceed six feet.
[Added 5-2-2016 by Ord.
No. 16-17C]
B.
[1]Commercial zones. A fence or wall may be erected in the
setback area of the property to a height of six feet, except for a
fence of the chain-link wire type, which may be erected to a height
of eight feet within the building area of the property but may not
extend beyond the extending line of the front face of the principal
structure.
C.
Applications. Application shall be made to the Code
Enforcement Officer prior to the erection of a fence.
D.
Tennis courts. A permit shall be required for the
construction of all tennis courts. A fence with a maximum height of
12 feet of the chain-link type shall be the only type fence permitted
for a tennis court. Corner visibility cannot be obscured around such
tennis court for a height of more than 30 inches above the established
crown grade of the street by a fence or shrubbery of any type. When
tennis courts are constructed, they shall conform to accessory building
setbacks as delineated in the zone in which they are installed. Further,
unless constructed in a designated recreation area, they shall be
considered an accessory use to the primary structure.[2],[3]
[2]
Editor's Note: Former Subsection (e), Swimming
pools, which immediately followed this subsection, as amended 2-18-1983
by Ord. No. 83-2C, was deleted 5-19-1989 by Ord. No. 89-26C, 2-6-2017
by Ord. No. 17-01C
[3]
Editor's Note: Former § 205-52, Exceptions to setback
requirements, as amended, which immediately followed this section,
was repealed 5-2-2016 by Ord. No. 16-17C.
[Added 3-4-1994 by Ord. No. 94-9C; amended 3-6-2017 by Ord. No. 17-06C]
On all residential lots with preexisting residential structures,
including residential lots with preexisting residential structures
where the maximum lot coverage has been met, the construction of a
single storage shed shall be permitted, subject to the following limitations:
A.
A shed shall not exceed 10 feet by 10 feet in area.
B.
No utilities of any kind shall be installed.
C.
There shall be a ten-foot maximum height measured from lot grade
to the peak, and sidewalls shall not exceed seven feet in height.
[Amended 11-5-2018 by Ord. No. 18-31C]
D.
[1]
Editor's Note: Former § 205-54, Permitted encroachment
into setbacks, as amended, which immediately followed this section,
was repealed 5-2-2016 by Ord. No. 16-17C.
E.
All storage sheds shall be anchored to prevent displacement by natural
forces, including, but not limited to, the displacement of same during
coastal flooding and severe high tides.
[Added 11-5-2018 by Ord.
No. 18-31C]
[Added 10-5-2004 by Ord. No. 04-20C[1]]
In addition to lot coverage restrictions provided
for in each of the zones as established by this chapter of the Township
of Long Beach, further restrictions are imposed upon the installation
of any impervious surface covering any portion of the lot which is
not occupied by a structure as permitted by this chapter.
A.
Any impervious surface placed upon that portion of
the lot which is not covered by a permitted structure shall be so
graded as to cause water falling upon such impervious surface to drain
directly to the street upon which the lot having such impervious surface
is located and shall be sloped and graded to prevent such water from
draining on any adjoining property but drain only onto the street.
B.
Permits for impervious surface coverage.
(1)
No impervious surface shall be placed on any lot in
the Township of Long Beach until a permit therefor has been issued
by the Zoning Officer of the Township of Long Beach.
(2)
Application shall be made for impervious surface coverage to the Zoning Officer of the Township of Long Beach. The application shall be accompanied by an engineering plan prepared by a licensed civil engineer of the State of New Jersey, a licensed land surveyor of the State of New Jersey or a licensed architect of the State of New Jersey demonstrating that the surface drainage to be installed has been designed and will be implemented upon the lot in conformity with the requirements of Subsection B(2)(a) of this section. The application shall be accompanied by a fee in an amount as the Board of Commissioners of the Township of Long Beach may, by resolution, from time to time fix. The amount shall be sufficient to compensate the Township for any review fees billed by the Township Engineer for review and approval of the design plan prior to the issuance of any permit for impervious surface coverage. In fixing the fee, the Board of Commissioners of the Township of Long Beach shall include sufficient amount to compensate the Township of Long Beach for reasonable administrative expenses in receiving and approving any such application. The application shall be accompanied by an affidavit signed by the installer together with a bond in the form approved by the Long Beach Township Building Department, signed by the installer and guaranteeing for a period of six months the impervious surface shall perform as designed and provide positive drainage to the street as hereinabove called for in§ 205-33A. The bond shall further provide that, upon notification by the Long Beach Township Building Department of failure to perform, the installer shall, within 30 days, rectify the condition by replacing the impervious coverage to conform with the engineering plan so that positive drainage as above called for will occur. For a failure to comply with the provisions of the bond, the installer shall be subject to fine and imprisonment as called for in § 1-17 of the Code of Long Beach Township.
[Amended 7-22-2005 by Ord. No. 05-18C; 8-6-2010 by Ord. No.
10-34C; 1-23-2012 by Ord. No. 11-49C; 3-5-2018 by Ord. No. 18-12C; 6-7-2021 by Ord. No. 21-15C]
(a)
The Director of Construction, Inspection and
Zoning Department may require an engineering plan as hereinabove called
for in this section on any oceanfront property, any bayfront property,
any property where the installation of impervious lot coverage shall
exceed 5,000 square feet, any property which has received a soil erosion
permit issued by the Township Engineer and where he may reasonably
believe formal engineering inspection is required. No such engineering
plan shall be required, however, where the application submitted by
the applicant includes a current survey dated within one year of the
application prepared by a New Jersey licensed land surveyor demonstrating
that the total impervious lot coverage following the installation
of any coverage pursuant to the permit shall not exceed 75% of the
entire lot and the impervious lot coverage to be installed pursuant
to the permit application is 500 square feet or less and the lot is
not one of the lots for which this section mandates engineering review.
(3)
Impervious coverage on lots includes, but is not limited to, any
area covered by a principal building, accessory building, grade level
or elevated deck, swimming pool or spa, and any other covered or noncovered
impervious surface.
[Amended 11-3-2004 by Ord. No. 04-31C; 2-6-2017 by Ord. No. 17-01C; 3-5-2018 by Ord. No. 18-12C]
(a)
On lots adjacent to a paved roadway approved impervious lot
coverage shall not exceed 75% of the entire lot area nor 60% of any
yard setback area. On lots fronting the Atlantic Ocean, the foregoing
75% calculation shall be calculated only on the area of the lot lying
westward of the oceanfront building line.
(b)
No portion of any lot that is mapped as wetlands or has riparian
rights shall be included in the calculation of impervious lot coverage.
(4)
A pervious surface area with a minimum width of 18 inches shall be
provided between any impervious surface and the side yard and rear
yard property lot lines. The eighteen-inch pervious area is not required
for driveways with a minimum six-inch-high curbline along the side
of a driveway abutting a property lot line.
[Added 8-22-2014 by Ord. No. 14-26C; amended 2-6-2017 by Ord. No. 17-01C]
C.
Installation of impervious surface coverage except pursuant to and in accordance with a valid permit issued by the Zoning Officer of the Township of Long Beach pursuant to this section shall be punished by fine or imprisonment as provided in § 1-17 of the Code of the Township of Long Beach, County of Ocean, State of New Jersey.
[Added 10-6-2006 by Ord. No. 06-31C]
A.
The only permitted use in all residential zones in
the Township of Long Beach shall be use of the residential units for
dwelling, for recreation and for the traditional activities enjoyed
by people on vacation or other time away from their normal gainful
employment to enjoy the traditional recreational activities afforded
by the sand, sun and clear waters surrounding Long Beach Township
where such residential units are rented for a period of less than
one year. For those residential units which are rented for a period
of one year or longer, or are occupied by the owner thereof, such
uses as are permitted for less than one-year tenants as well as any
and all normal permitted residential uses traditionally enjoyed by
the owner of any home in a residential zone, including without limitation,
the specific nonresidential purposes identified in each residential
zone as herein set forth in this chapter.
B.
Specific prohibition. Except as otherwise provided herein, in all
residential zones of the Township, no residential property or lot
may be rented, leased, let, occupied, or used for any for-profit,
commercial, and/or business-related purpose or events.
[Amended 8-7-2017 by Ord.
No. 17-29C]
(1)
Residential properties may be used by the owner or the lessee of the property for private sales in accordance with and pursuant to the requirements of Chapter 152.
(2)
Residential properties may be used by and/or with the consent of
the owner for any and all activities relating to the listing and showing
of the residential property for sale, including, but not limited to,
private showings and open houses.
(3)
Residential properties may be used by and/or with the consent of the owner for home businesses and occupations as permitted in the residential zones by Chapter 205.
(4)
Residential properties rented, leased, and/or occupied by any family
not the owner for a period of more than one year may be used or utilized
for any wedding and/or wedding reception of any person.
[Added 3-6-2009 by Ord. No. 09-04C]
A.
Any food- or beverage-selling establishment located in the Township
of Long Beach is hereby permitted to provide outdoor seating for its
patrons without reducing the legally approved indoor seating under
the following strictures and conditions:
(1)
All outdoor food service shall stop at 10:00 p.m.
(2)
All outdoor beverage service shall stop at 1:00 a.m.
(3)
Outdoor seats shall not exceed 15% of the legally approved indoor
seating of the establishment providing outdoor seating.
(4)
Outdoor seating shall only be permitted in the Commercial Zone; provided,
however, that any outdoor seating permitted and registered with the
Long Beach Township Building Department in the year 2008 shall be
permitted to continue.
(5)
All establishments utilizing the provisions of this section to provide
outdoor seating for their patrons shall be responsible for the behavior
of their patrons participating in the outdoor seating to insure that
all Township noise[1] and other regulations are enforced and that good order
is maintained.
(6)
No outdoor seating shall be permitted on any public right-of-way.
B.
Any establishment applying for a license to permit outdoor seating
shall complete an application supplied by the Township Clerk and submit
the same together with a photograph and survey of the location where
outdoor seating is to be provided with a check for $50, and upon review
by the Clerk, the Zoning Officer and the Township Engineer as to compliance
with the terms of this section, a license for outdoor seating will
be issued for a period of one year.
[Amended 3-18-2011 by Ord. No. 11-11C]
(1)
Submittal of application; late applications.
(a)
A new or renewal application shall be submitted during the month
of March of each year, and a new license will be issued effective
May 1 following the submission, provided that the licensee has complied
with the terms of this section.
(b)
Any establishment seeking a license for outdoor seating which
has not filed the application during the month of March in any year
may file an application late, that is to say, on or after April 1.
The fee for such late applications shall be $75, and the new license
will be issued effective 30 days after filing of the application,
provided that the licensee has complied with the terms of this section.
(2)
Revocation of outdoor seating license. An outdoor seating license issued pursuant to § 205-61 of the Code of the Township of Long Beach shall be revoked and all outdoor seats shall be removed within 24 hours of receipt of a notice to cease and desist issued by the Township and served upon the licensee personally or by certified mail return receipt requested or its equivalent if:
[Amended 4-15-2011 by Ord. No. 11-13C]
(a)
The Township of Long Beach has received three written complaints
containing the name, address, date and signature of the complainant
which upon investigation prove to be well founded; or
(b)
There is noncompliance by the licensee with or violation of any ordinance
contained in the Code of the Township of Long Beach committed by the
licensee.
(3)
If any license has been revoked pursuant to Subsection B(2) above, the licensee, that is to say a person, firm, corporation or other legal entity owning a valid license issued by the Township of Long Beach or the State of New Jersey Alcoholic Beverage Commission, shall be ineligible to receive an outdoor seating license for the year following the revocation.
(4)
If any licensee, that is to say the person, firm, corporation or
other legal entity owning a valid license issued by the Township of
Long Beach or the State of New Jersey Alcoholic Beverage Control Commission,
has had its license revoked on two occasions, that licensee shall
be ineligible for any outdoor seating license permanently.[2]
[2]
Editor’s Note: Former §§ 205-62, Permitted
use of public right-of-way between paved area of public right-of-way
and an abutting owner’s property line, added 8-6-2010 by Ord.
No. 10-34C, and 205-62.1, Permitted use of public right-of-way between
paved area of public right-of-way and mean high water line of any
bay abutting westerly shore of Long Beach Island, added 7-8-2011 by
Ord. No. 11-19C, were repealed 3-6-2017 by Ord. No. 17-06C.
[Added 5-20-2011 by Ord. No. 11-15C]
A.
The Legislature of New Jersey has found and determined that the scope
of a municipality's authority to regulate the installation and operation
of small wind energy systems is not unrestricted and that it is against
the policy of the State of New Jersey for any municipality to impose
unreasonable limits or hindrances on the installation and operation
of small wind energy systems by property owners in a municipality;
therefore, this section has been adopted by the Board of Commissioners
of the Township of Long Beach.
B.
HEIGHT, TOTAL SYSTEM
GRADE
LOT or PARCEL
OFF GRID
SHADOW FLICKER
SMALL WIND ENERGY SYSTEM
SMALL WIND ENERGY SYSTEM, BUILDING-MOUNTED
SMALL WIND ENERGY SYSTEM, FREESTANDING
SMALL WIND ENERGY SYSTEM, HORIZONTAL AXIS
SMALL WIND ENERGY SYSTEM, VERTICAL AXIS
STROBE/STROBOSCOPIC EFFECT
TOWER/MAST
WIND ENERGY SYSTEM
WIND TURBINE GENERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The height above grade of the system, including the generating
unit and the highest vertical extension of any blades or rotors.
The finished surface of the center line of the nearest public
road giving access to the lot as such surface elevation may be shown
on the official records of the Township of Long Beach.
Any legally established lot or parcel which contains or could
contain a permitted or permitted conditional principal use as provided
by the Township Code.
An electrical system that is not connected to utility distribution
and transmission facilities or to any building or structure that is
connected.
Changing light intensity caused by sunlight through the moving
blades of a wind energy system.
A wind energy system which has a nameplate rated capacity
of up to 15 kilowatts for residential uses and districts and up to
100 kilowatts for commercial districts and which is incidental and
subordinate to a principal use on the same parcel. A system is considered
a small wind energy system only if it supplies electrical power solely
for use by the owner on the site, except that when a parcel on which
the system is installed also receives electrical power supplied by
a utility company, excess electrical power generated and not presently
needed by the owner for on-site use may be used by the utility company
in accordance with the laws of the State of New Jersey as adopted
by the Legislature or as adopted by any appropriate state administrative
agency.
A small wind energy system which is securely fastened to
any portion of a principal building in order to achieve desired elevation,
whether attached directly to the principal building or attached to
a tower structure which is in turn fastened to the principal building.
A small wind energy system which is elevated by means of
a monopole tower only and is not located on another supporting structure
except that the tower shall have an appropriately constructed concrete
base. Guyed, lattice, or other nonmonopole-style towers shall not
meet this definition and are not permitted.
A small wind energy conversion system that has blades which
rotate through a horizontal plane.
A small wind energy system that has blades which rotate through
a vertical plane.
Synonymous with shadow flicker.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
An aggregation of parts including the foundation, base, tower,
generator, rotor, blades, supports, guy wires and accessory equipment
such as utility interconnect and battery banks, etc., in such configuration
as necessary to convert the power of wind into mechanical or electrical
energy, e.g., wind charger, windmill or wind turbine.
The component of a wind energy conversion system that transforms
mechanical energy from the wind into electrical energy.
C.
General regulations.
(1)
Conditional use. A small wind energy system shall be allowed only
as a conditional use accessory use to a permitted principal use or
approved permitted conditional principal use.
(2)
Zoning. Small wind energy systems are allowed in all zoning districts
subject to the provisions contained herein and elsewhere within The
Township Code.
(3)
Permit required. It shall be unlawful to construct, erect, install,
alter or locate any small wind energy system within the Township of
Long Beach, unless a permitted conditional use permit has been obtained
from the Land Use Board of the Township of Long Beach. The permitted
conditional use permit may be revoked by the Board of Commissioners
of the Township of Long Beach, after public hearing at which the property
owner shall be afforded all rights of due process and an opportunity
to be heard, at any time the approved system does not comply with
the rules set forth in this section and with the conditions, if any,
imposed by the Land Use Board of the Township of Long Beach. The owner
and operator of the small wind energy system shall also obtain and
secure any other permits required by other federal, state and local
agencies or departments prior to the construction of the system.
(4)
Number of systems per zoning lot.
(a)
Residential use. No more than one small wind energy system may
be placed on any parcel or lot zoned for residential use.
(b)
Commercial use. No more than one small wind energy system may
be placed on any parcel or lot with a commercial use.
(c)
Mixed use. Any building containing both residential and commercial
uses or described as a mixed-use building shall be considered to be
a commercial use for the purposes of this section.
(5)
Tower or mast. Only monopole towers shall be permitted for any freestanding
small wind energy system. Lattice, guyed or towers of any other type
shall not be considered to be in compliance with this section and
are prohibited.
(6)
Lighting. No lights shall be installed on the tower, unless required
to meet FAA regulations.
(7)
Signage. No signage or advertising of any kind shall be permitted
on any tower or any small wind energy system.
(8)
Climbing apparatus. Any tower must be designed to prevent climbing
within the first 10 feet.
(9)
Maintenance. Facilities shall be well maintained in accordance with
manufacturer's specifications and shall remain in an operational condition
that poses no potential safety hazard nor is in violation of any provisions
contained within this section or elsewhere within the Long Beach Township
Code.
(10)
Displacement of parking prohibited. The location of the small
wind energy system shall not result in the net loss of required parking
as specified elsewhere in the Long Beach Township Zoning Ordinance.
(11)
Restriction on use of electricity generated. A small wind energy
system shall be used exclusively to supply electrical power to the
owner for on-site consumption, except that excess electrical power
generated by the small wind energy system and not presently needed
for use by the owner may be used by the utility company in accordance
with the laws of the State of New Jersey as adopted by the Legislature
or as authorized by any appropriate state administrative agency.
(12)
Noise. A small wind energy system shall be designed, installed
and operated so that the noise generated does not exceed the maximum
noise levels established elsewhere in the Code of the Township of
Long Beach.
(13)
Shadow flicker/strobe or stroboscopic effect. No small wind
energy system shall be installed and operated so to cause a shadow
flicker/strobe or stroboscopic effect to fall on or in any existing
structure or in an area where a lawfully constructed structure might
be erected on a nearby lot either as a result of initial construction
of such structure or as the result of the demolition of an existing
structure and the rebuilding of a new structure in accordance with
the various Codes of the Township of Long Beach.
(14)
Safety controls. Each small wind energy system shall be equipped
with both an automatic and manual braking, governing, or feathering
system to prevent uncontrolled rotation, overspeeding, and excessive
pressure on the tower structure, rotor blades, or turbine components.
Said automatic braking system shall also be capable of stopping turbine
rotation in the event of a power outage so as to prevent back feeding
of the grid.
(15)
Shutoff. A clearly marked and easily accessible shutoff for
the wind turbine will be required as determined by the Fire Marshal
and the Building Official of the Township of Long Beach.
(16)
Wind access easements. The enactment of this section does not
constitute the granting of an easement by the Township of Long Beach.
The small wind energy system owner/operator shall have the sole responsibility
to acquire any covenants, easements, or similar documentation to assure
and/or protect access to sufficient wind as may not be necessary to
operate the small wind energy system.
(17)
Engineer certification. Applications for any small wind energy
system shall be accompanied by standard drawings of the wind turbine
structure, including the tower, base, and footings. An engineering
analysis of all components of the small wind energy system showing
compliance with the applicable regulations and certified to a New
Jersey licensed professional engineer shall also be submitted.
(18)
Installation. Installation must be done by a New Jersey licensed
electrical contractor according to manufacturer's recommendations.
All wiring and electrical work must be completed according to the
applicable building and electric codes. All electrical components
must meet code-recognized test standards.
(19)
Removal. If the small wind energy system remains nonfunctional
or inoperative for a continuous period of 12 months, the system shall
be deemed to be abandoned. The small wind energy system owner/operator
shall remove the abandoned system at his expense. Removal of the system
includes the entire structure, transmission equipment and fencing
from the property, excluding foundations.
(20)
Right of entrance. As a condition of approval of a conditional
use permit, an applicant seeking to install a small wind energy system
shall be required to sign a petition and waiver agreement which shall
be recorded and run with the land granting permission to the Township
of Long Beach to enter the property to remove the small wind energy
system pursuant to the terms of approval and to assure compliance
with the other conditions set forth in the permit. Removal shall be
at the expense of the owner/operator and the cost may be assessed
against the property.
D.
Setbacks.
(1)
The following setbacks shall be required:
(a)
The minimum distance between any small wind energy system and
any property line shall be a distance of 200 feet. The setback shall
be measured from the property line to the point of the small wind
energy system closest to the property line.
(2)
Maximum height. Height shall be measured from the ground to the top
of the tower, including the wind turbine generator and blades.
(a)
The maximum height shall not exceed 40 feet above the lowest
established grade on the lot.
(b)
Building-mounted small wind energy systems may be a maximum
of eight feet higher than the point of attachment to the building
on which they are attached; provided, however, that the maximum height
of any such building-mounted small wind energy system shall not exceed
40 feet above the lowest established grade on the lot.
(4)
Clearance of blade. No portion of a horizontal axis small wind energy
system blade shall extend within 20 feet of the ground. No portion
of a vertical axis small wind energy system shall extend within 20
feet of the ground. No blades may extend over public parking areas,
public driveways or public sidewalks. No blade may extend within 20
feet of the nearest tree, structure or aboveground utility facilities.
No blade may extend beyond the property boundary lines of the lot
upon which the small wind energy system is located.
(5)
Location.
(a)
No part of a small wind energy system shall be located within
or over drainage, utility or other established easements.
(b)
A freestanding small wind energy system shall be located entirely
in the rear yard; provided, however, such rear yard may not abut a
public street or any public right-of-way.
(c)
No small wind energy system shall be constructed so that any
part thereof can extend within 20 feet laterally of an overhead electrical
power line (excluding secondary electrical service lines or service
drops). The setback from underground electric distribution lines shall
be at least eight feet.
(d)
No building-mounted small wind energy system shall be permitted
unless the owner has obtained a written analysis from a New Jersey
licensed professional engineer determining that installation of a
small wind energy system will not cause damage to the structure and
that the small wind energy system can be securely fastened so as to
not pose a hazard caused by detaching from the structure.
(e)
No small wind energy system shall be permitted on any lot without
a principal structure.
(f)
No building-mounted small wind energy system shall be permitted
except on the principal building located on the lot.
E.
Application required. Application for small wind energy systems shall
be made on forms provided by the Land Use Board of the Township of
Long Beach. No action may be taken regarding requests for small wind
energy systems until completed applications have been filed and fees
paid.
[Added 3-16-2012 by Ord. No. 12-03C; amended 3-6-2017 by Ord. No. 17-06C]
A.
No person shall authorize or create, kindle, or maintain any open
burning or fire unless conducted and permitted and/or approved in
accordance with this section.
B.
Permitted outdoor fires are limited to recreational fires entirely
contained within permitted portable fire devices and permanent fire
devices, and which may only be lit and maintained with clean firewood,
charcoal, manufactured fire logs, propane, and natural gas as permissible
fuels. All other fuels, including, but not limited to, brush, leaves,
trees, trash, refuse, and treated and wet wood are prohibited.
(1)
All permitted outdoor fires shall be maintained in a manner that
ensures any smoke and embers arising therefrom do not interfere with
the air quality, peace, and quiet enjoyment of neighboring residents.
(2)
With the sole exception of grills and related, permitted cooking
devices, all portable fire devices and permanent fire devices shall
possess and employ an ember-suppressing lid (stone/masonry devices
must have a lid or screen).
C.
All solid-fuel-burning (wood) fire pits, open wood burning, and/or
open and unenclosed, and/or contained burning of any kind not in accordance
with this section is prohibited.
D.
No permanent fire device may be constructed, affixed, and/or placed
on any lot until a permit therefor has been issued by the Zoning Officer.
(1)
An application shall be submitted to the Zoning Officer accompanied
by a plan prepared by a licensed civil engineer, land surveyor, or
architect licensed by the State of New Jersey indicating the type
of device and location to be installed.
E.
Portable fire devices are authorized and permitted for use without
application for a permit from the Zoning Officer.
F.
Location requirements.
[Amended 7-2-2018 by Ord.
No. 18-16C[1]]
(1)
Except as set forth herein, neither permanent fire devices nor portable
fire devices shall be located in any side yard or area of any lot
fronting on a public street or easement.
[Amended 9-7-2022 by Ord. No. 22-20C]
(a)
The installation of noncombustible fire pits (natural gas or propane
only) and noncombustible permanent outdoor cooking devices (natural
gas or propane only) may be located within any side yard of 15 feet
in width or more.
(b)
Limited, one-day approval for the location of portable fire
devices in the area of any lot fronting on a public street or easement
or within the street may be granted by application to the Zoning Officer,
which shall be subject to an application fee of $100 and reviewed
for approval or rejection by the Board of Commissioners, and any such
approval shall be subject to reasonable restrictions set by the Board
of Commissioners.
(2)
Portable fire devices shall be a minimum of five feet from any building
or structure and a minimum of 10 feet from any lot line, except that
such shall be permitted on decks and patios, provided such are a minimum
of five feet from any building and 10 feet from any lot line. All
portable fire devices shall be measured from the furthest protruding
edge of the device, except that fire pits shall be measured from the
center of the pit to the lot line and from the furthest protruding
edge to any building or structure.
(3)
Permanent fire devices shall be a minimum of five feet from any building
or accessory structure and a minimum of 10 feet from any lot line,
except that such may be permitted on decks and patios. All permanent
fire devices shall be measured from the furthest protruding edge of
the device, except that fire pits shall be measured from the center
of the pit to the lot line and from the furthest protruding edge to
any building or structure.
(4)
Portable and permanent fire devices shall be within the radius of
a working garden hose or a working fire extinguisher shall be stored
within 10 feet therefrom.
(5)
Except as provided herein, no permanent fire devices or portable
fire devices shall be permitted to be installed or placed under any
portion of any building, accessory building, or structure.
(a)
An outdoor cooking device which also constitutes a permanent
fire device may be affixed to any building, accessory building, or
structure and/or installed under any portion of any building, accessory
building, or structure if the outdoor cooking device complies with
all state and local building and fire codes relating to the device
if it were located inside a building or accessory building. This exception
does not apply to any portable fire device regardless of whether it
also constitutes an outdoor cooking device.
G.
Fireplaces. Notwithstanding the foregoing, exterior masonry and wood-burning fireplaces may be attached to the building or accessory building and shall comply with the zoning regulations as per § 205-11F, all building code requirements for masonry fireplaces, and all other applicable state and local building and fire codes.
[Amended 7-2-2018 by Ord.
No. 18-16C]
I.
Enforcement; violations and penalties.
(1)
This section shall be enforced by the Long Beach Island Health Department,
Code Enforcement Officers, and the Police Department.
(2)
Any authorized officer, agent, employee or representative of the
Township who presents credentials may inspect any property for the
purpose of ascertaining compliance with the provisions of this section.
(4)
Any fire determined to be in violation of this section shall be required
to be extinguished for the night.
[Added 3-6-2017 by Ord.
No. 17-05C; amended 10-7-2019 by Ord. No. 19-23C]
A.
Purpose. The purposes for the regulation of wireless communications
facilities are as follows:
(1)
Protect residential areas and land uses from potential adverse impacts
of wireless communications facilities and encourage applicants to
locate wireless communications facilities, to the extent practicable
and possible, in areas where the adverse impact to the community is
minimal.
(2)
Encourage and ensure the appropriate location of wireless communications
facilities to avoid potential damage to adjacent properties and ensure
the public health, welfare, and safety through proper engineering
and careful siting of wireless communications facilities in accordance
with federal and state law.
(3)
Encourage the collocation and joint use of existing and approved
wireless communications facilities, towers, and utility poles as a
primary option rather than construction of new tower-based wireless
communications facilities and new small wireless facility poles.
(4)
Encourage applicants to configure wireless communications facilities
in a way that minimizes their adverse visual impact through careful
design, siting, landscape screening, and innovative camouflaging and
stealth technology to preserve the aesthetic character in accordance
with applicable zoning, planning, and design standards.
(5)
Promote and ensure the positive impact of wireless communications
facilities and enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently and to ensure that the residents, visitors, public
safety operations, and businesses have reliable access to wireless
telecommunications networks and state-of-the-art communications services.
(6)
Comply with applicable federal and state law on the siting and regulation
of wireless communications facilities while protecting the public
health, welfare, and safety.
B.
Interpretation.
(1)
This section is not intended to, nor shall it be interpreted or applied
to:
(a)
Prohibit or effectively prohibit any personal wireless service
provider's ability to provide personal wireless, data, and communications
services;
(b)
Prohibit or effectively prohibit any entity's ability to provide
any interstate or intrastate telecommunications service, subject to
any competitively neutral and nondiscriminatory rules or regulation
for ROW management;
(c)
Unreasonably discriminate among providers of functionally equivalent
services;
(d)
Deny any request for authorization to place, construct, or modify
personal wireless service facilities on the basis of environmental
effects of radio frequency emissions so long as such wireless communications
facilities comply with the FCC's regulations concerning such emissions;
(e)
Prohibit any collocation or modification that the Township may
not deny under federal or state law; or
(f)
Otherwise authorize the Township to preempt any applicable federal
or state law.
(2)
In furtherance of the foregoing goals, due consideration shall be
given to the master plan, zoning map, existing land uses, and environmentally
sensitive areas in the approving of sites for the location of wireless
communications facilities and the regulation of such facilities.
C.
Applicability.
(1)
All wireless communications facilities are subject to these regulations,
except as otherwise provided herein.
(2)
Amateur radios; receive-only antennas. This section shall not govern
any tower or the installation of any antenna that is under 70 feet
in height which is owned and operated by a federally licensed amateur
radio station operator or is used exclusively for receive-only antennas.
(3)
Preexisting towers or antennas. Preexisting towers or antennas shall
not be required to meet the requirements of this section, other than
the requirements regarding building codes and safety standards. This
exception shall not apply to any expansion or intensification of a
preexisting tower or antenna.
(4)
Public entities. Wireless support structures, tower-based wireless
communications facilities, and wireless communications facilities
operated, leased, or used by the Township shall be exempt from the
requirements of this section. The Township shall be a permitted use
in all zone districts, provided that any lease authorizing such facilities
has been approved by the Township, and, as a condition of any such
lease, the Township may require site plan approval or may exempt the
applicant from approval.
(5)
Satellite dish antenna. This section shall not govern any parabolic
satellite antennas.
D.
Permitted use, scope, and restrictions.
(1)
Wireless communications facilities are a permitted use in the general
commercial, special commercial, and marine commercial zones. Only
collocation of small wireless facilities on utility poles in the ROW
and the construction of small wireless facility poles for the purpose
of siting small wireless facilities in the ROW shall be permitted
in residential zones and only 1 such wireless communications facility
shall be permitted on each utility pole and small wireless facility
pole. No other wireless communications facilities of any type shall
be permitted in any residential zones or within 100 feet of a lot
in residential use or a residential district boundary.
(2)
No wireless communications facilities are permitted inside or on
any buildings or accessory buildings. Except for the collocation of
small wireless facilities on utility poles and siting of small wireless
facilities on small wireless facility poles in the ROW as required
by federal and state law, and, as otherwise provided by the Township
Code, no non-tower-based wireless communications facilities shall
be permitted.
(3)
No lattice towers or guyed-lattice towers shall be permitted.
(4)
Except as otherwise provided by law for public utilities and the
approval and construction of new small wireless facility poles for
the purpose of siting small wireless facilities as permitted by the
Township Code, no new wireless communications support structures,
such as towers or monopoles, shall be permitted in the ROW. Only collocation
of small wireless facilities, nonsubstantial changes to existing wireless
communications support structures, utility poles, and small wireless
facility poles shall be permitted in the ROW.
(5)
No advertising or non-safety-related signs of any type shall be permitted
on any wireless communications facilities, wireless communications
support structures, wireless communications equipment, cabinets, or
base stations.
(6)
All wireless communications facilities shall comply with all applicable
federal, state, county, and Township laws and regulations.
E.
Collocation and priority policy.
(1)
It is the Township's policy that the first priority locations for
wireless communications facilities shall be the Township-owned towers,
and then non-Township-owned existing towers and wireless communications
support structures, and all applicants for new wireless communications
facilities shall make all reasonable and good faith efforts to collocate
the proposed wireless communications facilities and/or secure the
location of such facilities on the Township-owned wireless communications
support structures first, the non-Township-owned existing towers and
wireless communications support structures second, the collocation
of small wireless facilities on existing utility poles third, and
the construction of small wireless facility poles fourth.
(2)
The Township's priority policy for small wireless facilities is as
follows:
(a)
Existing utility poles shall be the priority locations for such
facilities, followed by replacement of utility poles, and followed
by the construction of new small wireless facility poles.
(b)
First priority for collocation on existing utility poles and
construction of new small wireless facility poles shall be first in
nonresidential zones, second on Long Beach Boulevard in all zones,
and third on local residential streets.
(3)
An applicant proposing any wireless communications facility at a
new location shall demonstrate and document that it made its best
efforts to find a collocation site and that none was available, practicable,
economically feasible, or viable.
F.
Application fees, costs, and escrows relating to wireless communications
facilities outside the ROW, noncollocation, and substantial changes.
(1)
The Township may assess appropriate and reasonable application and
fees directly related to the actual costs in reviewing and processing
the application for approval of wireless communications facilities,
as well as actual inspection, monitoring, and related costs, as set
by resolution. The Township may also impose and require escrow fees
for the payment of actual fees and costs, as the Township deems appropriate
by way of resolution.
(2)
Retention of experts and costs. The Township and the Land Use Board
may use and/or hire any consultants, engineers, attorneys, and/or
experts to assist with the review and application for approval of
wireless communications facilities, and, following approval, assist
with the review and evaluation of any potential violations. The applicant
and/or owner of the wireless communications facility shall reimburse
the Township and the Land Use Board for all costs of the foregoing
activities.
G.
Application fees and costs relating to wireless communications facilities
inside the ROW, collocation, and nonsubstantial changes.
(1)
All applications shall be accompanied by a fee directly related to
a reasonable approximation of the Township's costs reasonably incurred
as a direct result of the application and which fee shall be set at
$500 for an application including one to five location sites and $100
for each additional location site.
(2)
In addition to other fees provided herein, every wireless communications
facility in the ROW is subject to the Township's right to fix annually
a fair and reasonable compensation to be paid for use and occupancy
of the ROW. Such compensation for ROW use shall be directly related
to the Township's actual ROW management costs, if any, including,
but not limited to, the costs of the administration and performance
of all review, inspection, supervision, and other ROW management activities
by the Township. The owner of each wireless communications facility
shall pay an annual fee to compensate the Township for the Township's
costs incurred, if any. The annual ROW management fee for wireless
communications facilities shall be determined by the Township and
authorized by resolution. Unless otherwise permitted by law, the annual
fee shall be set at $270 for each site in the ROW.
H.
Application requirements for the construction and/or installation
of all wireless communications facilities that constitute a new tower
and tower-based wireless communications facility, noncollocation,
and/or substantial changes to non-small wireless facility wireless
communications facilities.
(1)
Except as otherwise provided, no wireless communications facilities
shall be constructed, erected, or substantially changed unless site
plan approval and any and all applicable variances are obtained from
the Land Use Board.
(2)
This section shall not apply to existing utility poles, the replacement
of utility poles, and new utility poles in the ROW and the construction
of small wireless facility poles in the ROW. The foregoing does not
constitute towers or tower-based wireless communications facilities.
(3)
The following provisions shall apply to applications for such approval:
(a)
Applications for site plans along with any required variances shall be subject to the procedures and requirements of the Municipal Land Use Law and the Township Code, § 164-1 et seq., except as modified herein.
(b)
In granting site plan approval or a variance, the Land Use Board
may impose additional conditions consistent with federal and state
law to the extent the Land Use Board concludes such are necessary
to minimize any adverse effect of the proposed wireless communications
facility 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 of the state.
(d)
An applicant for site plan approval or a variance shall submit
the information required, a nonrefundable application fee, and an
escrow deposit.
(e)
Any tower shall be designed and constructed so as to accommodate
at least four antenna arrays of separate wireless communications providers,
where such accommodation is technically feasible.
(4)
In addition to any and all information required for applications
for site plan approval or a variance pursuant to the Township Code,
applicants for approval for the construction or installation of wireless
communications facilities shall submit all of the items identified
on the application checklist, along with the following information
before the application is certified as complete.
(a)
A completed proscribed application and application checklist
for proposed wireless communications facilities.
(b)
The identity of the owner of the property, structure, and/or
building and a copy of the lease (with confidential or proprietary
information redacted), proof of ownership and authority, and deed
for the property.
(c)
A scaled site plan clearly indicating the location, type, and
height of the proposed wireless communications facility, on-site land
uses and zoning, adjacent land uses and zoning (including when adjacent
to other municipalities), adjacent roadways, proposed means of access,
setbacks from property lines, elevation drawings of the proposed wireless
communications facility and any other structures, topography, parking,
and other information as required by the Township Code, or as required
by the Township or Board Engineer, to enable comprehensive review
of the application.
(d)
Survey of the property, including a letter of interpretation
from the state Department of Environmental Protection, signed and
sealed by a land surveyor licensed in the state, dated no earlier
than 12 months prior to the date of the application.
(e)
The separation distance between the proposed wireless communications
facility and the nearest residential unit and/or residentially zoned
property and boundary line.
(f)
The separation distance from other wireless communications facilities
described in the inventory of existing sites shall be shown on an
updated site plan or map certified by a licensed engineer or licensed
land surveyor. The applicant shall also identify the type of construction
of the existing tower(s) and the owner/operator of the existing tower(s).
(g)
A landscape plan showing specific landscape materials and precise
locations of proposed landscaping improvements, including, but not
limited to, species type, size, spacing, other landscape features,
and existing vegetation to be retained, removed, or replaced, which
shall be certified by a licensed engineer or certified landscape architect.
(h)
An environmental-impact study.
(i)
A plan evidencing compliance with the applicable requirements,
including, but not limited to, the architecture, stealth technology
requirements, aesthetics, color, camouflage, landscaping, and fencing.
(j)
A written report of the suitability or nonsuitability of the
use of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility.
(k)
A written report of the feasible location(s) of future wireless
communications facilities that may be erected by the applicant within
the Township based upon existing physical engineering, technological,
or geographical limitations in the event the proposed wireless communications
facility is erected.
(l)
A visual study, including photographic or topographic plans,
identifying a line-of-sight analysis detailing the view of the proposed
wireless communications facility from various directions and angles
from adjacent areas within a 750-foot radius of the proposed wireless
communications facility. The analysis shall be utilized to determine
buffer requirements.
(m)
Documentation of the results of the crane test, including a
line-of-sight survey and photographic result of the crane test with
regard to the potential visual and aesthetic impacts of the proposed
tower. Such documentation must establish the zone of visibility of
the proposed tower.
(n)
Photo-simulations of any proposed tower, which shall include
at least one photo-simulation from at least four angles of view of
the tower (from the north, east, south and west), taken from ground
level at the property line of the proposed site of any tower. Photo-simulations
presented to the approving authority shall be in color and a minimum
of eight inches by 11 inches in size.
(o)
Documentary and expert evidence regarding the need for the wireless
communications facility, which information shall identify the existing
wireless network layout and existing coverage areas to demonstrate
the need for the facility at a particular location within the Township.
The evidence shall include a report of the radio frequency engineering
analysis of the search area for the wireless communications facility.
(p)
A report from a qualified expert certifying that the wireless
communications facility complies with the latest structural and wind
loading requirements as set forth in the requirements as set forth
in the International Building Code, New Jersey state edition, as amended,
or the applicable New Jersey structural and wind requirements, including
a description of the number and type of antennas it is designed to
accommodate.
(q)
A statement by the applicant demonstrating whether construction
of the wireless communications facility will accommodate collocation
of additional antennas for future users. If so, a letter of commitment
by the applicant to lease the excess space on wireless communications
facility to other potential users at prevailing market rates and conditions.
The letter of commitment shall be recorded prior to the issuance of
a building permit. The letter shall commit the tower owner and all
successors in interest.
(r)
Elevations of all existing and proposed structures generally
depicting all existing and proposed antennas, towers, platforms, finish
materials, as well as all other accessory equipment.
(s)
An inventory of the applicant's existing wireless communications
facilities or sites approved for towers or antennas within the jurisdiction
of the Township and within three miles of the proposed site, including
specific information about the location, height, and design of each
wireless communications facility. The Township and the Land Use Board
may share such information with other applicants applying for administrative
approvals or permits under this section or other organizations seeking
to locate wireless communications facilities within the jurisdiction
of the Township; provided, however, that the Township and Land Use
Board are not, by sharing such information, in any way representing
or warranting that such sites are available or suitable.
(t)
Identification of the entities providing the backhaul network
for the wireless communications facility described in the application
and other wireless communications facilities owned or operated by
the applicant in the Township.
(u)
Detailed and certified engineering plans of the wireless communications
facility proposed and any and all related equipment.
(v)
Fully executed indemnification and hold harmless agreements
prepared by the Township, which are provided with the application
package.
(w)
Documentation that the existing vegetation, trees, and shrubs
located within proximity to the wireless communications facility structure
shall be preserved to the maximum extent possible.
(x)
A soil report to the Township complying with the standards of
Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended,
to document and verify the design specifications of the foundation
of the wireless communications support structure and anchors, if used.
(y)
Documentation of compliance with all of the applicable requirements
of the Township Code.
I.
Review of applications for the construction and/or installation of
all wireless communications facilities that constitute a new tower
and tower-based wireless communications facility, noncollocation,
and/or substantial changes to non-small wireless facility wireless
communications facilities.
(1)
Time frame for review. The Land Use Board shall render a decision
on an application within 150 days of receipt of a complete application.
(2)
Incomplete applications. The Land Use Board may toll the 150-day
time frame set 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 Township Code provision, ordinance, application
instruction, or publicly stated procedure requiring the information
to be submitted. The 150-day time frame shall begin again upon receipt
of the supplemental submission.
(3)
Subsequent incomplete applications. The Land Use Board may thereafter
toll the 150-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)
Failure to act. If the Land Use Board does not approve or deny an
application within 150 days of receipt of the application or any applicable
tolling periods thereafter, the applicant may notify the Land Use
Board in writing that the review period has expired. Upon the Land
Use Board's receipt of this notice from the applicant, the application
shall be deemed granted.
J.
Application requirements for new construction and/or installation
of all wireless communications facilities that include new small wireless
facility poles for the siting of small wireless facilities in the
ROW, the collocation of non-small wireless facilities, substantial
changes to small wireless facilities, and nonsubstantial changes to
non-small wireless facilities.
(1)
An application for development to construct and/or install new wireless
communications facilities that constitute new construction and/or
installation of all wireless communications facilities that include
new small wireless facility poles for the siting of small wireless
facilities in the ROW, the collocation of non-small wireless facilities,
substantial changes to small wireless facilities, and nonsubstantial
changes to non-small wireless facilities shall not be subject to site
plan review, provided the application meets the following requirements:
(a)
If collocation to or nonsubstantial change to an existing wireless
communications support structure, the existing structure shall have
been previously granted all necessary approvals by the appropriate
approving authority.
(b)
If construction and/or installation of a new small wireless
facility pole in the ROW for the purpose of siting small wireless
facilities in the ROW, the new structure shall obtain all necessary
approvals by the appropriate approving authority.
(c)
The proposed application satisfies the federal and state requirements
to meet the standards for collocation.
(d)
The proposed collocation and/or change complies with the final
approval of the wireless communications support structure and all
conditions attached thereto and does not create a condition for which
variance relief would be required pursuant to N.J.S.A. 40:55D-1 et
seq., or any other applicable law, rule, or regulation.
(e)
Complies with all applicable requirements of the Township Code.
(2)
Each application shall be limited to a request to construct and/or
install a total of one wireless communications facility that constitutes
new construction and/or installation of all wireless communications
facilities that include new small wireless facility poles for the
siting of small wireless facilities in the ROW, the collocation of
non-small wireless facilities, substantial changes to small wireless
facilities, and nonsubstantial changes to non-small wireless facilities.
(3)
All applications shall be submitted to the Municipal Clerk on the
proscribed application and checklist form(s) and shall include the
following information.
(a)
A completed application and application checklist.
(b)
A statement and supporting proofs that the application qualifies
as new construction and/or installation of all wireless communications
facilities that include new small wireless facility poles for the
siting of small wireless facilities in the ROW, the collocation of
non-small wireless facilities, substantial changes to small wireless
facilities, and nonsubstantial changes to non-small wireless facilities.
(c)
The identity of the owner of the property, structure, and/or
building and proof of approval to use the site and compliance with
N.J.S.A. 48:3-18.
(d)
Proof of all consents required by federal, state, and local
law and regulations, including N.J.S.A. 48:17-8.
(e)
Certification that the applicant possesses the legal authority
to construct, collocate, and/or change the wireless communications
support structure, which may include approvals from the jurisdiction
authorizing the initial placement of the wireless communications support
structure and transmission equipment.
(f)
Fully-executed indemnification and hold harmless agreements.
(g)
A scaled location plan clearly indicating the location, type,
and height of the proposed wireless communications facility, on-site
land uses and zoning, adjacent land uses and zoning (including when
adjacent to other municipalities), adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings of the
proposed wireless communications facility and any other structures,
topography, parking, and other information as required by the Township
Code, or as required by the Township to enable comprehensive review
of the application.
(h)
The separation distance from other wireless communications facilities
shall be shown on a location plan or map certified by a licensed engineer
or licensed land surveyor. The applicant shall also identify the type
of construction of the existing wireless communications support structure(s)
and the owner/operator of wireless communications support structure(s)
within one mile.
(i)
A description of the type and quantity of equipment to be installed
and the number and size of any equipment cabinets to be installed.
(j)
A description of any excavation required.
(k)
A description of any change in wireless communications support
structure height and/or width as a result of the proposed collocation,
removal, or replacement.
(l)
A plan evidencing the development's compliance with the applicable
requirements, including, but not limited to, the architecture, aesthetics,
color, and use of stealth technology.
(m)
A written report of the suitability or nonsuitability of the
use of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility, including certification from a structural
engineer that the existing or new utility pole is structurally suitable
and safe for new construction and/or installation of all wireless
communications facilities that include new utility poles for the siting
of small wireless facilities in the ROW, the collocation of non-small
wireless facilities, substantial changes to small wireless facilities,
and nonsubstantial changes to non-small wireless facilities.
(n)
A report from a qualified expert certifying that the wireless
communications facility complies with the latest structural and wind-loading
requirements as set forth in the International Building Code, New
Jersey state edition, as amended, or the applicable New Jersey structural
and wind requirements, including a description of the number and type
of antennas it is designed to accommodate.
(o)
A statement by the applicant demonstrating whether construction
of the wireless communications facility will accommodate collocation
of additional antennas for future users. The statement shall commit
the wireless communications support structure owner and successors
in interest.
(p)
Elevations of all proposed wireless communications facilities
generally depicting all existing and proposed antennas, wireless communications
support structures, platforms and finish materials, as well as all
other accessory equipment.
(q)
An inventory of its existing wireless communications facilities
or sites approved for wireless communications support structures or
antennas within the jurisdiction of the Township.
(r)
Documentation of compliance with all of the applicable requirements
of the Township Code.
K.
Review of applications for the new construction and/or installation
of all wireless communications facilities that include new utility
poles for the siting of small wireless facilities in the ROW, the
collocation of non-small wireless facilities, substantial changes
to small wireless facilities, and nonsubstantial changes to non-small
wireless facilities.
(1)
Initial review. The Board of Commissioners shall review the application
and advise the applicant within 30 days as to whether the Township
deems that the application is subject to these or other regulations.
If compliance with other subsections are deemed to be required, the
applicant shall proceed in accordance with the applicable regulations.
(2)
Time frame for review. The Board of Commissioners shall review and
approve or deny the application within 90 days of receipt. This ninety-day
period may be extended by mutual agreement of the Township and the
applicant.
(3)
Incomplete applications. The Board of Commissioners may toll the
ninety-day time frame 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 ninety-day time frame shall begin again upon receipt of the supplemental
submission.
(4)
Subsequent incomplete applications. The Board of Commissioners may
thereafter toll the ninety-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.
(5)
Complete applications. The Board of Commissioners shall, within the
ninety-day time frame, approve all complete applications for the construction
and/or installation of all wireless communications facilities that
constitute new construction and/or installation of all wireless communications
facilities that include new utility poles for the siting of small
wireless facilities in the ROW, the collocation of non-small wireless
facilities, substantial changes to small wireless facilities, and
nonsubstantial changes to non-small wireless facilities and that do
not otherwise violate applicable health, safety, and other requirements
set forth in this section. If the Board of Commissioners determines
that an application fails to comply with this section, it shall notify
the applicant of same in writing. If applicable, the Board of Commissioners
shall advise the applicant to initiate the applicable process.
(6)
Applications on improper towers. Notwithstanding the foregoing, the
Board of Commissioners is not obligated to approve an application
for new construction and/or installation of all wireless communications
facilities that include new utility poles for the siting of small
wireless facilities in the ROW, the collocation of non-small wireless
facilities, and nonsubstantial changes to non-small wireless facilities
on a wireless communications support structure 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.
(7)
Failure to act. If the Board of Commissioners does not approve or
deny an application for the construction and/or installation of all
wireless communications facilities that constitute new construction
and/or installation of all wireless communications facilities that
include new utility poles for the siting of small wireless facilities
in the ROW, the collocation of non-small wireless facilities, substantial
changes to small wireless facilities, and nonsubstantial changes to
non-small wireless facilities within 90 days of receipt of the application
or any applicable tolling periods thereafter, the applicant may notify
the Board of Commissioners in writing that the review period has expired.
Upon the Board of Commissioners receipt of this notice from the applicant,
the application shall be deemed granted.
(8)
Notwithstanding
any other regulation to the contrary, the Board of Commissioners may
relax any requirement, at its sole and absolute discretion for any
or no reason.
[Added 2-3-2020 by Ord. No. 20-06C]
L.
Application requirements for collocation and nonsubstantial changes
to small wireless facilities.
(1)
An application for collocation and nonsubstantial changes to small wireless facilities shall not be subject to site plan review and shall not require compliance with Subsection J, provided the application meets the following requirements.
(a)
If collocation to or nonsubstantial change to an existing wireless
communications support structure, the existing structure shall have
been previously granted all necessary approvals by the appropriate
approving authority.
(b)
The proposed application satisfies the federal and state requirements
to meet the standards for collocation.
(c)
The proposed collocation and/or change complies with the final
approval of the wireless communications support structure and all
conditions attached thereto and does not create a condition for which
variance relief would be required pursuant to N.J.S.A. 40:55D-1 et
seq., or any other applicable law, rule, or regulation.
(2)
Each application shall be limited to a request to construct and/or
install a total of 10 wireless communications facilities that constitute
collocation and nonsubstantial changes to small wireless facilities.
(3)
All applications shall be submitted to the Municipal Clerk on the
proscribed application and checklist form(s) and shall include the
following information:
(a)
A completed application and application checklist.
(b)
A statement and supporting proofs that the application qualifies
under this section.
(c)
The identity of the owner of the property, structure, and/or
building and a copy of the agreement relating to N.J.S.A. 48:3-18.
(d)
Certification that the applicant possesses the legal authority
to collocate and/or change the wireless communications support structure,
which may include approvals from the jurisdiction authorizing the
initial placement of the wireless communications support structure
and transmission equipment.
(e)
Fully executed indemnification and hold harmless agreements
prepared by the Township, which are provided with the application
package.
(f)
A scaled location plan clearly indicating the location, type,
and height of the proposed wireless communications facility, on-site
land uses and zoning, adjacent land uses and zoning (including when
adjacent to other municipalities), adjacent roadways, proposed means
of access, setbacks from property lines, elevation drawings of the
proposed wireless communications facility and any other structures,
topography, parking, and other information as required by the Township
Code, or as required by the Township or Board Engineer, to enable
comprehensive review of the application.
(g)
The separation distance from other wireless communications facilities
described in the inventory of existing sites shall be shown on an
updated location plan or map certified by a licensed engineer or licensed
land surveyor. The applicant shall also identify the type of construction
of the existing wireless communications support structure(s) and the
owner/operator of wireless communications support structure(s).
(h)
A description of the type and quantity of equipment to be installed
and the number and size of any equipment cabinets to be installed.
(i)
A description of any excavation required.
(j)
A description of any change in wireless communications support
structure height and/or width as a result of the proposed collocation,
removal, or replacement.
(k)
A plan evidencing the development's compliance with the applicable
requirements, including, but not limited to, the architecture, aesthetics,
color, and use of stealth technology.
(l)
A written report of the suitability or nonsuitability of the
use of existing wireless communications facilities or other structures
for services to be provided through the use of the proposed new wireless
communications facility, including certification from a structural
engineer that the existing utility pole is structurally suitable and
safe for small wireless facilities, collocation and/or nonsubstantial
change.
(m)
A report from a qualified expert certifying that the wireless
communications facility complies with the latest structural and wind
loading requirements as set forth in the requirements as set forth
in the International Building Code, New Jersey state edition, as amended,
or the applicable New Jersey structural and wind requirements, including
a description of the number and type of antennas it is designed to
accommodate.
(n)
A statement by the applicant demonstrating whether construction
of the wireless communications facility will accommodate collocation
of additional antennas for future users. The statement shall commit
the wireless communications support structure owner and successors
in interest.
(o)
Elevations of all proposed wireless communications facilities
generally depicting all existing and proposed antennas, wireless communications
support structures, platforms, finish materials, as well as all other
accessory equipment.
(p)
An inventory of its existing wireless communications facilities
or sites approved for wireless communications support structures or
antennas within the jurisdiction of the Township.
[Amended 12-2-2019 by Ord. No. 19-28C]
(q)
Documentation of compliance with all of the applicable requirements
of the Township Code.
M.
Review of applications that constitute collocation and nonsubstantial
changes to small wireless facilities.
(1)
Initial review. The Board of Commissioners shall review the application with consultation with the Township Engineer, the Township Attorney, and any other consultants and/or experts deemed necessary to determine whether the application qualifies as a request for collocation, whether the change proposed is nonsubstantial. The Board of Commissioners shall review the application and advise the applicant within 30 days as to whether Township deems that site plan approval by the Land Use Board or compliance with Subsection J are required. If site plan approval or compliance with Subsection J are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.
(2)
Time frame for review. The Board of Commissioners shall review and
approve or deny the application within 60 days of receipt. This sixty-day
period may be extended by mutual agreement of the Township and the
applicant.
(3)
Incomplete applications. The Board of Commissioners may toll the
sixty-day time frame 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.
(4)
Subsequent incomplete applications. The Board of Commissioners 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.
(5)
Complete applications. The Board of Commissioners shall, within the
sixty-day time frame, approve all complete applications for the collocation
and nonsubstantial changes to small wireless facilities and that do
not otherwise violate applicable health, safety, and other requirements
set forth in this section. If the Board of Commissioners determines
that an application fails to comply with this section, it shall notify
the applicant of same in writing. If applicable, the Board of Commissioners
shall advise the applicant to initiate the applicable process.
(6)
Applications on improper towers. Notwithstanding the foregoing, the
Board of Commissioners is not obligated to approve an application
for small wireless facilities, collocation, removal, or replacement
of equipment on a wireless communications support structure 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.
(7)
Failure to act. If the Board of Commissioners does not approve or
deny an application for collocation and nonsubstantial changes to
small wireless facilities within 60 days of receipt of the application
or any applicable tolling periods thereafter, the applicant may notify
the Board of Commissioners in writing that the review period has expired.
Upon the Board of Commissioners' receipt of this notice from the applicant,
the application shall be deemed granted.
(8)
Notwithstanding
any other regulation to the contrary, the Board of Commissioners may
relax any requirement, at its sole and absolute discretion for any
or no reason.
[Added 2-3-2020 by Ord. No. 20-06C]
N.
General requirements for the construction and/or installation of
all wireless communications facilities that constitute a new tower
and tower-based wireless communications facility, noncollocation,
and/or substantial changes to wireless communications facilities.
(1)
Uniform Construction Code; safety standards; standard of care. Wireless
communications facilities shall be designed, constructed, operated,
maintained, repaired, modified, and removed in strict compliance with
all current applicable technical, foundation, safety, and safety-related
codes, including, but not limited to, the most recent editions of
the American National Standards Institute ("ANSI") Code, National
Electrical Safety Code, National Electrical Code, the New Jersey Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, the Township Code,
as well as the accepted and responsible workmanlike industry practices
of the National Association of Tower Erectors. Any tower-based wireless
communications facility shall at all times be kept and maintained
in good condition, order, and repair by qualified maintenance and
construction personnel, so that the same shall not endanger the life
of any person or any property in the Township.
(2)
Collocation. An application shall not be approved unless the Land
Use Board finds that the wireless communications equipment cannot
be accommodated on an existing or approved structure or building.
Any application shall include a comprehensive inventory of all existing
towers and other suitable structures within a three-mile radius from
the point of the proposed tower, unless the applicant can show to
the satisfaction of the Township that a different distance is more
reasonable, and shall demonstrate conclusively why an existing tower
or other suitable structure cannot be utilized.
(3)
Wind. Wireless communications support structures shall be designed
to withstand the effects of wind according to the standard designed
by the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association and Telecommunications
Industry Association.
(4)
Height. Wireless communications facilities shall be designed at the
minimum functional height and shall not exceed a maximum total height
of 100 feet, which height shall include all subsequent additions or
alterations. All applicants must submit documentation to the Land
Use Board justifying the total height of the structure.
(5)
Public safety communications. No wireless communications facilities
shall interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(6)
Maintenance. The following maintenance requirements shall apply:
(a)
Wireless communications facilities shall be fully automated
and unattended on a daily basis and shall be visited only for maintenance
or emergency repair;
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of the Township's
residents;
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents; and
(d)
Except in the case of documented emergencies, five-day written
notice of any and all maintenance activities shall be provided to
the Chief of Police and the Department of Public Works. Written notice
of emergencies and documented proof of same shall be provided to the
Chief of Police and the Department of Public Works as soon as practicable,
but in no case more than 48 hours from the date of emergency.
(7)
Radio frequency emissions. No wireless communications facility shall,
by itself or in conjunction with other wireless communications facilities,
generate radio frequency emissions in excess of the standards and
regulations of the FCC, including but not limited to, the FCC Office
of Engineering Technology Bulletin 65 entitled "Evaluating Compliance
with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic
Fields," as amended.
(8)
Identification. All wireless communications facilities shall post
a notice in a readily visible location identifying the name and phone
number of a party to contact in the event of an emergency, subject
to approval of the Land Use Board.
(9)
Lighting. Wireless communications facilities shall not be artificially
lighted, except as required by law and as may be approved by the Land
Use Board. If lighting is required, the applicant shall provide a
detailed plan for sufficient lighting, demonstrating as unobtrusive
and inoffensive an effect as is permissible under state and federal
regulations.
(10)
Appearance and visual compatibility requirements.
(a)
All wireless communications support structures and facilities
shall be located, designed, and screened to blend with the existing
natural or building surroundings so as to minimize visual impacts
through the use of the latest stealth technology, including color
and camouflaging, architectural treatment, landscaping, and other
available means, considering the need to be compatible with neighboring
residences and the character of the community. The wireless communications
facility shall employ the most current stealth technology available
in an effort to appropriately blend into the surrounding environment
and minimize aesthetic impact.
(b)
Any height increases to an existing tower-based wireless communications
facility shall require prior approval of the Land Use Board. The Land
Use Board shall have the discretion to deny such requests based upon
aesthetic and land use impact, or any other lawful considerations
related to the character of the Township.
(c)
Wireless communications facilities shall be designed structurally,
electrically, and in all respects to accommodate both the wireless
communications facility applicant's antennas and comparable antennas
for future users.
(d)
Towers shall either maintain a galvanized steel finish or be
painted a neutral color, and employ stealth technology so as to reduce
visual obtrusiveness.
(e)
At the wireless communications equipment building, the design
of the buildings and related structures shall, to the extent possible,
use materials, colors, tenures, screening, and landscaping that will
blend the tower facilities to the natural setting and surrounding
buildings.
(f)
All wireless communications support structures shall be designed
to preserve scenic vistas and views of the Atlantic Ocean, Barnegat
Bay, Little Egg Harbor, all Inlets, cultural and history landmarks,
and unique geographic and topographic features. Natural features such
as trees, views, natural terrain, open waters, and natural drainage
ridge lines shall be preserved whenever possible in locating and designing
a tower. Towers shall further be designed and located to minimize
impact on open space and Green Acres properties.
(g)
Any and all buildings or structures relating to the wireless
communications support structures shall be located, designed, and
screened to blend with the existing natural or building surroundings
so as to minimize visual impacts through the use of stealth technology.
(h)
Any and all buildings or structures relating to the wireless
communications support structures shall not contain more than 1,600
square feet of gross floor area or be more than 15 feet in height.
(i)
Equipment storage buildings or cabinets shall comply with all
applicable zoning and building codes.
(j)
The wireless communications equipment building shall not exceed
10 feet for flat roofs or 15 feet for pitched roofs, which shall have
a minimum vertical rise of 6 inches for every 12 inches of horizontal
run, and the building must blend architecturally with any existing
building on the property. Pitched roofs shall be permitted only where
the applicant is proposing a structure designed to blend with the
local architectural context.
(k)
When a location out of the view from off-tract properties is
not possible, appropriate foundation planting shall be provided outside
the wireless telecommunications equipment building.
(l)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which site plan approval is required:
[1]
Wireless communications facilities shall be landscaped with
a buffer of plant materials that effectively screens the view of the
tower compound from property used for residences.
[2]
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 property perimeter may be sufficient buffer.
(m)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived by the approving
authority if the goals of this section would be better served thereby.
Existing mature tree growth and natural land forms on the site shall
be preserved to the maximum extent possible.
(n)
An individual wireless carrier shall not occupy more than 400
square feet of the equipment building.
(11)
Noise. Wireless communications facilities shall be operated
and maintained so as not to produce noise in excess of applicable
noise standards under state law and the Township Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
(12)
Aviation safety. Wireless communications facilities shall comply
with all federal and state laws and regulations concerning aviation
safety.
(13)
Nonconforming uses. Nonconforming wireless communications facilities
which are hereafter damaged or destroyed due to any reason or cause
may be repaired and restored at their former location, but must otherwise
comply with the terms and conditions of the Township Code.
(14)
Removal. In the event that use of a wireless communications
facility is planned to be discontinued, the owner shall provide written
notice to the Township of its intent to discontinue use and the date
when the use shall be discontinued. Unused or abandoned based wireless
communications facilities or portions of based wireless communications
facilities shall be removed as follows:
(a)
All unused or abandoned wireless communications facilities and
accessory facilities shall be removed within six months of the cessation
of operations at the site unless a time extension is approved by the
Township.
(b)
If the wireless communications facility and/or accessory facility
is not removed within six months of the cessation of operations at
a site, or within any longer period approved by the Township, the
wireless communications facility and accessory facilities and equipment
may be removed by the Township and the cost of removal assessed against
the owner.
(c)
Any unused portions of the wireless communications facilities,
including antennas, shall be removed within six months of the time
of cessation of operations. The Township must approve all replacements
of portions of a tower-based wireless communications facility previously
removed.
(15)
Additional antennas. As a condition of approval for all wireless
communications facilities, the applicant shall provide the Township
with a written commitment that it will allow other service providers
to collocate antennas on the wireless communications facilities where
technically and economically feasible. The owner of a tower-based
wireless communications facility shall not install any additional
antennas without obtaining the prior written approval as required
in this section.
(16)
Environmental. Wireless communications facilities shall comply
with all applicable environmental regulations.
(17)
Visual or land use impact. The Land Use Board shall have the
discretion to deny an application for the construction or placement
of any wireless communications facility based upon visual and/or land
use impact.
(18)
Inspection. The Township shall possess the right to inspect
any wireless communications facility to ensure compliance with the
provisions of the Township Code or state or federal law. The Township
and/or its agents shall have the authority to enter the property upon
which a wireless communications facility is located at any time, upon
reasonable notice to the operator, to ensure such compliance. If,
upon inspection, the Township concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(19)
Setbacks. The following setback requirements shall apply to
all towers:
(a)
Towers must be set back a distance equal to at least 100% of
the height of the tower from any adjoining lot line and all nonappurtenant
buildings and structures to ensure public safety in the event of a
collapse or fall of the tower, provided that distance is no closer
than the building setback applicable to the zoning district.
(b)
Accessory buildings must satisfy the minimum zoning district
setback requirements.
(c)
No tower shall exist within required buffer or conservation
easement areas.
(20)
Separation distance from tower to tower. No tower shall be within
1,500 feet of another tower. Tower separation shall be measured from
the base of the tower to the base of the other tower.
(21)
Insurance requirements. All applicants shall be required to
provide proof of and maintain comprehensive general liability insurance
covering the tower-based wireless communications facility in the minimum
coverage amount of $5,000,000 for any one claim and $10,000,000 for
any aggregate claim. The insurance policy shall name the Township
as an additional insured. The existence of any available and/or applicable
insurance shall not waive or release the applicant from the obligations
set forth in the required indemnification agreement included in the
application.
(22)
Fence/screen.
(a)
A security fence having a maximum height of eight feet shall
completely surround any tower-based wireless communications facility,
guy wires, or any building housing wireless communications facility
equipment.
(b)
An evergreen screen that consists of a hedge, or a row of evergreen
trees, shall be located along the perimeter of the security fence.
(c)
The wireless communications facility applicant shall submit
a landscape plan for review and approval by the Township Planning
Commission for all proposed screening.
(23)
Accessory equipment.
(a)
Ground-mounted equipment associated to, or connected with, a
tower-based wireless communications facility shall be underground.
In the event that an applicant can demonstrate that the equipment
cannot be located underground to the satisfaction of the Township
Engineer, then the ground mounted equipment shall be screened from
public view using stealth technologies, as described above.
(b)
All utility buildings and accessory structures shall be architecturally
designed to blend into the environment in which they are situated
and shall meet the minimum setback requirements of the underlying
zoning district.
(24)
Access road. An access road, turnaround space and parking shall
be provided to ensure adequate emergency and service access to a tower-based
wireless communications facility. Maximum use of existing roads, whether
public or private, shall be made to the extent practicable. Road construction
shall at all times minimize ground disturbance and the cutting of
vegetation. Road grades shall closely follow natural contours to assure
minimal visual disturbance and minimize soil erosion. Where applicable,
the wireless communications facility owner shall present documentation
to the Township that the property owner has granted an easement for
the proposed facility.
(25)
Bond. Prior to the issuance of a permit, the owner of a tower-based
wireless communications facility outside the ROW shall, at its own
cost and expense, obtain from a surety licensed to do business in
the state and maintain a bond or other form of security acceptable
to the Township Attorney, in an amount of $500,000 to assure the faithful
performance of the terms and conditions of the Township Code and as
a guarantee that no such installation or equipment exceeds or will
exceed the allowable FCC limits for radio frequency emissions and
radiation exposure to the general public. The bond shall provide that
the Township may recover from the principal and surety any and all
compensatory damages incurred by the Township for violations of this
chapter, after reasonable notice and opportunity to cure. The owner
shall file a copy of the bond with the Township and the bond shall
be held and maintained during the entire period of the owner's operation
of each wireless communications facility.
(26)
Indemnification. All applicants shall be required to execute
an indemnification agreement in the form required and pursuant to
which the owner shall agree to defend, hold harmless, and indemnify
the Township, its officers, employees, agents, attorneys, volunteers,
and independent contractors to the fullest extent under the law.
O.
General requirements for new construction and/or installation of
all wireless communications facilities that include new small wireless
facility poles for the siting of small wireless facilities in the
ROW, the collocation of non-small wireless facilities, nonsubstantial
changes to non-small wireless facilities, and the collocation of and
nonsubstantial changes to small wireless facilities.
(1)
Time, place and manner. The Township shall determine the time, place,
and manner of construction, maintenance, repair, and/or removal of
all wireless communications facilities based on public safety, traffic
management, physical burden on the ROW, public health, welfare, and
safety, and related considerations.
(2)
Small wireless facilities, collocation, and nonsubstantial changes
to wireless communications facilities shall be limited to the placement
of wireless communications on utility poles and small wireless facility
poles inside the ROW.
(3)
No small wireless facility poles shall include any visible exterior
lighting of any kind.
(4)
All ROW regulations shall apply to all entities and applicants, regardless
of whether the ROW is owned and/or controlled by the county or the
state.
(5)
The collocation of small wireless facilities on utility poles in
the ROW, the replacement of utility poles to site small wireless facilities
in the ROW, and the construction of new small wireless facility poles
in the ROW for the purpose of siting small wireless facilities in
the ROW shall not constitute towers or tower-based wireless communications
facilities and shall comply with the applicable regulations and the
following.
(a)
No utility poles or small wireless facility poles, inclusive
of any and all antennas and equipment, shall exceed 40 feet in height.
(b)
No new small wireless facility poles constructed for the purpose
of siting small wireless facilities in the ROW shall be placed within
300 feet of any other existing utility pole that supports a small
wireless facility or any other small wireless facility pole. The Board
of Commissioners may relax this requirement, at its sole and absolute
discretion for any or no reason, to 200 feet.
(c)
The siting of new small wireless facility poles shall not be
greater than five feet from the point where the shared property line
between two properties and the ROW intersect. Small wireless facilities
in the ROW may be sited by way of replacement utility poles within
10 feet in nonresidential zones and five feet in residential zones
from the point of the preexisting utility pole that shall be replaced.
All small wireless facilities, including the foregoing, shall be only
permitted in the ROW by co-location on existing utility poles or replacement
of existing utility poles in all zones if within 15 feet from the
point where the shared property line between two properties and the
ROW intersect. In addition, the following regulations shall further
apply.
[Amended 2-3-2020 by Ord. No. 20-06C; 4-6-2020 by Ord. No. 20-11C; 8-2-2021 by Ord. No. 21-22C]
[1]
No replacement utility pole shall be located closer to any type of
residential dwelling than the existing utility pole being replaced.
[2]
No small wireless facilities of any kind in the ROW, including those
installed by new small wireless facility poles, replacement utility
poles, and co-location shall be permitted within 25 feet of any type
of residential dwelling.
(d)
Where the applicant has demonstrated that an existing utility
pole can be used, the antennas shall be mounted to the existing pole
in a manner that preserves the structural integrity and aesthetics
of the pole.
(e)
The replacement of existing utility poles and siting of small
wireless facility poles shall comply with all applicable federal,
state, and local laws and regulations, including N.J.S.A. 48:17-8.
(f)
Replacement utility poles shall be fabricated using the same
materials as the pole to be replaced, shall be the same diameter,
and shall be placed in the same location.
(g)
Unless otherwise permitted by the Board of Commissioners, at
its discretion, new small wireless facility poles shall be fabricated
using the same materials as the existing, neighboring utility poles.
(h)
Panel antennas are not permitted unless the applicant provides
evidence that establishes a cylindrical antenna or antennas are not
technically feasible.
(i)
Only one omnidirectional (rod or canister) antenna and four
directional antenna panels shall be permitted per utility pole and
small wireless facility pole. No omnidirectional antenna shall be
permitted to exceed eight feet in height and the width of the pole
by more than a total of six inches. No directional antenna panel shall
be permitted to exceed two feet in width, eight feet in height, and
nine inches deep. No parabolic (disc) antennae shall be permitted
on any utility pole or small wireless facility pole.
[Amended 2-3-2020 by Ord. No. 20-06C]
[1]
One remote radio head (RRH) or remote radio unit (RRU) shall be permitted
on each utility pole or small wireless facility pole. An RRH and RRU
is not considered an antenna.
(j)
The diameter of small wireless facility poles shall be limited
to 4.5 feet.
(k)
Small wireless facility poles shall be set back from curbs,
offset from driveways, offset from trees, and shall not be located
within 10 feet of any energized line.
(6)
Except as otherwise provided in Subsection O(5)(b) for small wireless facilities, no wireless communications facilities, including small wireless facilities, shall be located within 300 feet of any other wireless communications facilities.
(7)
(8)
Pole-mounted antennas and cabinets shall comply with the following:
(a)
Pole-mounted antennas are permitted on utility poles and small
wireless facility poles in all zones, provided that each:
(b)
Pole-mounted cabinets are permitted on small wireless facility
poles and utility poles, provided that each:
[1]
Does not exceed 16 cubic feet;
[2]
Not be sited in any sight triangle and shall not inhibit sight
at any intersection;
[3]
Allows sufficient room for the public to pass and repass across
the ROW and sidewalks, does not diminish the usability of the sidewalks,
and otherwise does not obstruct, impede, or hinder the usual travel
or public safety on the ROW;
[4]
Is installed at least eight feet above the ground, and, if any
wireless facilities or equipment are projecting toward the street
or sidewalk, the base of the attachment shall be installed no less
than 17 feet above the street or sidewalk;
[5]
No protrusion from the outer circumference of the pole shall
be more than 18 inches;
[6]
Is limited to a total volume of all installed equipment external
to the pole (including, but not limited to, cabinets, vaults, boxes,
and antennas) that does not exceed 28 cubic feet, which maximum applies
to all equipment installed at the time of the original application
and includes any equipment to be installed at a future date.
(9)
Uniform Construction Code; safety standards; standard of care. Any
wireless communications facility shall be designed, constructed, operated,
maintained, repaired, modified, and removed in strict compliance with
all current applicable technical, safety, and safety-related codes,
including, but not limited to, the most recent editions of ANSI, National
Electrical Safety Code, National Electrical Code, the state Uniform
Construction Code and the applicable standards for towers that are
published by the Electronic Industries Association, the Township Code,
as well as the accepted and responsible workmanlike industry practices
of the National Association of Tower Erectors. Any wireless communications
facility shall at all times be kept and maintained in good condition,
order, and repair by qualified maintenance and construction personnel,
so that the same shall not endanger the life of any person or any
property in Township.
(10)
Wind. Wireless communications facilities shall be designed to
withstand the effects of wind according to the standard designed by
the American National Standards Institute as prepared by the engineering
departments of the Electronics Industry Association, and Telecommunications
Industry Association.
(11)
Public safety communications. Wireless communications facilities
shall not interfere with public safety communications or the reception
of broadband, television, radio or other communication services enjoyed
by occupants of nearby properties.
(12)
Aviation safety. Wireless communications facilities shall comply
with all federal and state laws and regulations concerning aviation
safety.
(13)
Radio frequency emissions or radiation. Wireless communications
facilities shall not, by themselves or in conjunction with other wireless
communications facilities, generate radio frequency emissions or radiation
in excess of the standards and regulations of the FCC, including but
not limited to, the FCC Office of Engineering Technology Bulletin
65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure
to Radio Frequency Electromagnetic Fields," as amended.
(15)
Separation; separation distance from wireless communications facilities and antennas. Except as otherwise provided in Subsection O(5)(b) for small wireless facilities, no wireless communications facility or antenna shall be within 300 feet of another. The separation shall be measured from the base of the utility pole and/or small wireless facility pole to the base of the other utility pole and/or small wireless facility pole.
(16)
Noise. Wireless communications facilities shall be operated
and maintained so as not to produce noise in excess of applicable
noise standards under state law and the Township Code, except in emergency
situations requiring the use of a backup generator, where such noise
standards may be exceeded on a temporary basis only.
(17)
Historic buildings or districts. No wireless communications
facility may be located within 150 feet of any building or structure
that is listed on either the National or state Register of Historic
Places or the official historic structures and/or historic districts
list maintained by the Township, or has been designated by the Township
as being of historic significance.
(18)
Visual impact and safety. The Township reserves the right to
deny an application for the construction or placement of any wireless
communications facilities based upon visual and/or land use impact
and require design modification as a precondition to approval. No
wireless communications facility shall be permitted in any sight triangle
or otherwise interfere with sight lines and/or the public health,
welfare, and safety.
(19)
Removal. In the event that use of the wireless communications
facility is discontinued, the owner shall provide written notice to
the Township of its intent to discontinue use and the date when the
use shall be discontinued. Unused or abandoned wireless communications
facilities or portions of wireless communications facilities shall
be removed as follows:
(a)
All abandoned or unused collocation of and changes to wireless
communications facilities and accessory equipment shall be removed
within three months of the cessation of operations at the site unless
a time extension is approved by the Township;
(b)
If the wireless communications facilities and accessory equipment
is not removed within three months of the cessation of operations
at a site, or within any longer period approved by the Township, the
wireless communications facilities and/or associated equipment may
be removed by the Township and the cost of removal assessed against
the owner.
(20)
Maintenance. The following maintenance requirements shall apply:
(a)
Wireless communications facilities shall be fully automated
and unattended on a daily basis and shall be visited only for maintenance
or emergency repair;
(b)
Such maintenance shall be performed to ensure the upkeep of
the facility in order to promote the safety and security of Township's
residents;
(c)
All maintenance activities shall utilize nothing less than the
best available technology for preventing failures and accidents; and
(d)
Except in the case of documented emergencies, five-day written
notice of any and all maintenance activities shall be provided to
the Chief of Police and the Department of Public Works. Written notice
of emergencies and documented proof of same shall be provided to the
Chief of Police and the Department of Public Works as soon as practicable,
but in no case more than 48 hours from the date of emergency.
(21)
Bond. Upon approval of the application and prior to the issuance
of a permit, the owner of each wireless communications facility shall,
at its own cost and expense, obtain from a surety licensed to do business
in the state and maintain a bond, or other form of security acceptable
to the Township Attorney, in an amount of $10,000 for each such wireless
communications facility to assure the faithful performance of the
terms and conditions of the Township Code and as a guarantee that
no such installation or equipment exceeds or will exceed the allowable
FCC limits for radio frequency emissions and radiation exposure to
the general public. The bond shall provide that the Township may recover
from the principal and surety any and all compensatory damages incurred
by the Township for violations, after reasonable notice and opportunity
to cure. The owner shall file a copy of the bond with the Township,
and the bond shall be held and maintained during the entire period
of the owner's operation of each wireless communications facility.
(22)
Inspection. The Township shall possess the right to inspect
any wireless communications facility to ensure compliance. The Township
and/or its agents shall have the authority to enter the property upon
which a wireless communications facility is located at any time, upon
reasonable notice to the operator, to ensure such compliance. If,
upon inspection, the Township concludes that a tower fails to comply
with such codes and standards and constitutes a danger to persons
or property, then upon notice being provided to the owner of the tower,
the owner shall have 30 days to bring such tower into compliance with
such standards. Failure to bring such tower into compliance within
said 30 days shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(23)
Insurance requirements. All applicants shall be required to
provide proof of and maintain comprehensive general liability insurance
covering the wireless communications facility in the minimum coverage
amount of $2,000,000 for any one claim and $3,000,000 for any aggregate
claim for each wireless communications facility location. The insurance
policy shall name the Township as an additional insured. The existence
of any available and/or applicable insurance shall not waive or release
the applicant from the obligations set forth in the required indemnification
agreement included in the application.
(24)
Indemnification. All applicants shall be required to execute
an indemnification agreement in the form required and pursuant to
which the owner shall agree to defend, hold harmless, and indemnify
the Township, its officers, employees, agents, attorneys, volunteers,
and independent contractors to the fullest extent under the law.
P.
Relocation or removal of facilities. Within 60 days following written
notice from the Township, or such longer period as the Township determines
is reasonably necessary or such shorter period in the case of an emergency,
an owner of a utility-pole-based wireless communications facility
in the ROW shall, at its own expense, temporarily or permanently remove,
relocate, change, or alter the position of any wireless communications
facility when the Township, consistent with its police powers and
applicable regulations, shall determine that such removal, relocation,
change, or alteration is reasonably necessary under the following
circumstances:
(1)
The construction, repair, maintenance or installation of any Township
or other public improvement in the ROW;
(2)
The operations of the Township or other governmental entity in the
ROW;
(3)
Vacation of a street or road or the release of a utility easement;
and/or
(4)
An emergency as determined by the Township.
Q.
Existing nonconforming wireless communications facilities. Nonconforming
wireless communications facilities, antennas, and/or wireless communications
support structures that are damaged or destroyed may not be rebuilt
without first obtaining the appropriate approval from the appropriate
approving authority and without having to meet the requirements of
the Township Code.
R.
Annual recertification requirements for all wireless communications
facilities. All wireless communications facilities shall comply with
the following annual recertification requirements:
(1)
Each year on July 1, the owner shall submit an affidavit which shall
list all active wireless communications facilities it owns within
the Township by location and certifying that:
(a)
The required insurance is maintained and provide a copy of the
certificate of insurance per installation; and
(b)
Certify that each wireless communications facility has been
inspected for safety and found to be in sound working condition and
in compliance with all federal safety regulations concerning radio
frequency exposure limits.
(2)
The Township shall have the right to employ a qualified radio frequency
engineer to conduct an annual random test of wireless communications
facilities to ensure their compliance with all FCC radio-frequency
emission limits as they pertain to exposure to the general public.
The cost of such tests shall be paid by the owner of the wireless
communications facilities.
(a)
In the event that such independent tests reveal that a wireless
communications facility is emitting radio frequency emissions or radiation
in excess of FCC exposure guidelines as they pertain to the general
public, the Township shall notify the owner and all residents living
within 1,500 feet of the wireless communications facility of the violation,
and the owner shall have 48 hours to bring the wireless communications
facility into compliance. Failure to bring the wireless communications
facility into compliance shall result in the forfeiture of the bond,
and the Town shall have the right to:
(3)
The owner shall pay an annual fee set forth in Subsection G(2) per active wireless communications facility.
(4)
Any wireless communications facility that is no longer in use shall
be removed by the owner within 60 days of submission of the annual
recertification affidavit, at the owner's expense.
(a)
Any wireless communications facility that is not removed within
60 days after being listed as no longer in use in the annual recertification
affidavit shall be subject to a fine of $100 per day until such installation
is removed.
(5)
Where such annual recertification has not been timely submitted,
or equipment no longer in use has not been removed within the required
sixty-day period, no further applications for wireless communications
facilities shall be accepted until such time as the annual recertification
has been submitted and all fees and fines paid.
S.
Nonpermitted installations. Any wireless communications facilities
constructed, erected, modified or enhanced prior to the issuance of
the required approval set forth in this chapter shall be removed prior
to the submission of an application. No consideration of any application
for a wireless communications facility shall be made, and no so-called
"shot clock" for approval shall commence while such unauthorized installations
remain.
T.
Enforcement, violations, and penalties.
(1)
A separate and distinct violation shall be deemed to be committed
each day on which a violation occurs or continues to occur. In addition
to an action to enforce any penalty imposed by this section and any
other remedy at law or in equity, the Township may apply to a Federal
District Court for an injunction or other appropriate relief at law
or in equity to enforce compliance with or restrain violation of any
provision of this chapter.
[Added 12-16-2019 by Ord.
No. 19-30C]
All fire hydrants shall be installed in a location approved by the Township Engineer in compliance with §§ 176-15K and 172-19C. In order to provide fire-department access, a clear area of three feet in all directions from the center line of the hydrant must be maintained for all new and existing fire hydrants.
[Added 11-2-2020 by Ord.
No. 20-25C]
A.
Location of mobile homes and recreational vehicles. Inhabited mobile homes, except as provided by N.J.S.A. 40:55D-104, and recreational vehicles shall be located only in licensed parks. Uninhabited mobile homes shall be located only in licensed parks or upon land located in the business zone whereon motor vehicles or mobile home sales agencies are maintained and operated. Except as otherwise provided by Chapter 193, uninhabited recreational vehicles shall be located only in licensed parks during the time period set forth in B(3) above or upon land located in the business zone whereon motor vehicles or mobile home sales agencies are maintained and operated.
(1)
All mobile homes located pursuant to N.J.S.A. 40:55D-104 shall comply
with all regulations applicable to the construction and siting of
single-family residential structures.
B.
Limitations. Except for lawful, preexisting RV and mobile home parks,
all parks shall be located in the marine commercial zone. A maximum
of four parks (mobile home and RV parks together) shall be permitted.
No parks shall be permitted to include both mobile homes and recreational
vehicles. Only mobile homes shall be permitted at mobile home parks.
Only recreational vehicles shall be permitted at RV parks. No motor
homes, trailers, tent campers, pickup campers, van-type campers, or
tents are permitted as living quarters at any RV or mobile home park.
(1)
All existing, mixed mobile home and RV parks at the time of the adoption
of this chapter shall be exempt from this regulation precluding parks
with both recreational vehicle and mobile homes. Any change or expansion
at an existing park shall require compliance with this regulation.
C.
Storage. Except as provided by Chapter 193, the placing or leaving of any mobile homes, recreational vehicles, trailers, tent campers, pickup campers, van-type campers, or tents as living quarters upon any premises for a period exceeding three days shall create the presumption that the mobile homes, trailers, tent campers, pickup campers, van-type campers, or tents that may be used as living quarters are being stored upon the premises.
[Added 6-7-2021 by Ord.
No. 21-13C]
All classes of cannabis licensees, business activities, and
business establishments authorized by law, including, but not limited
to, N.J.S.A. 24:6I-31 et seq., relating to the growth, distribution,
and sale of cannabis are prohibited from all zone districts. This
provision shall not apply to the lawful delivery of cannabis items
and related supplies by a delivery service.
