All streets shall be provided with manholes, catch basins and
pipes where the same may be necessary for proper surface drainage.
The requirements of this section shall not be satisfied by the construction
of dry wells. Additionally, all work shall be in accordance with the
established design standards of the borough as promulgated by the
Borough Engineer.
A. The system shall be adequate to carry off or store the stormwater
and natural drainage water which originates not only within the lot
or tract boundaries, but also which originates beyond the lot or tract
boundaries. No stormwater runoff or natural drainage water shall be
so diverted as to overload existing drainage systems or create flooding
or the need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions.
B. Techniques for computing stormwater runoff shall be as approved by
the Borough Engineer.
C. Storm sewers, open channels, bridges and culverts, unless otherwise
directed by the Borough Engineer, shall be designed for minimum flow
capacities as follows:
Type
|
Design Capacity (years)
|
---|
Drainage systems (1)
|
25
|
Drainage structures (2)
|
100
|
Open channels
|
As determined by Borough Engineer
|
NOTES:
|
---|
(1)
|
The term "drainage systems" refers to the composite of all drainage
infrastructure improvements.
|
(2)
|
The term "drainage structures" refers to particular drainage
infrastructure improvements such as bridges and culverts.
|
D. The materials used in the construction of storm sewers, bridges and
other drainage structures shall be in accordance with the specifications
of the Standard Specifications for Road and Bridge Construction of
the New Jersey Highway Department, current edition, and any supplements,
addenda and modifications thereof unless otherwise specified by the
Borough Engineer. Modifications or change of these specifications
may be requested by the applicant but may be implemented only with
the knowledge and written consent of the Borough Engineer.
E. Lots shall be graded to secure proper drainage away from buildings
and into streets or drainage facilities. Additionally, drainage shall
be provided in a manner which will prevent the collection of stormwater
in pools or other unauthorized concentration of flow, and, to the
extent possible, water shall not flow across adjacent property lines.
F. Land subject to periodic or occasional flooding (floodplain areas)
shall not be used for any purpose which may endanger life or property
or aggravate the flood hazard.
G. Approval for drainage structures shall be obtained from the appropriate
municipal, county, state and federal agencies and offices. Each applicant
shall make application to the State Division of Water Policy and Supply
of the Department of Environmental Protection, the Gloucester County
Engineering Department and the Borough Engineer. Letters of approval
from the appropriate governmental authorities shall be furnished to
the Borough Engineer, with copies to the administrative officer, prior
to the granting of final approval.
H. Where a lot or tract is traversed by a watercourse, surface or underground
drainageway or drainage system, channel or stream, there shall be
provided and dedicated a drainage right-of-way easement to the borough,
conforming substantially with the lines of such watercourses and of
such further width or construction, or both, as will be adequate to
accommodate expected stormwater runoff in the future, based upon reasonable
growth potential in the borough and, in any event, meeting any minimum
widths and locations shown on any adopted Official Map or Master Plan.
Such easement dedication shall be expressed on the plat as follows:
"Drainage easement granted for the purposes provided for and expressed
in the Land Development Ordinance of the Borough of Woodbury Heights."
[Amended 12-1-82 by Ord. No. 8-82]
A. R Residential District.
(1) All permitted fences shall be situated on a lot in such a manner
that the finished side of such fence shall face adjacent properties.
All fences shall be of a permanent type and appropriate for the intended
use. No fence of barbed wire, topped with metal spikes or constructed
of any material or in any manner which may be dangerous to persons
or animals shall be erected.
(2) Fences shall be erected or constructed only in the rear and side
yards and only after a permit for the same has been obtained from
the Construction Code Official. There shall be no fences constructed
in the front yard, with the exception of a living fence. A living
fence shall be planted no closer than four feet from the property
line and shall not encroach over a sidewalk or beyond a property line.
Living fences shall be maintained in a neatly trimmed condition. On
a corner lot, a fence may not be located between the street line and
the building line.
[Amended 9-15-2021 by Ord. No. 17-2021]
(4) No wall or fence shall be erected or altered so that said wall or
fence shall be over six feet in height, which shall be measured from
the grade of the subject property and shall include the combination
of any fence and/or retaining wall. The following exceptions shall
apply to this section:
[Amended 5-19-04 by Ord. No. 9-2004]
(a)
Buffer areas shall meet the requirements specified in Article
VIII.
(b)
Off-street parking, loading and driveway areas shall meet the requirements specified in Section
70-23.
(5) Sight triangle easements shall be required at intersections, in addition
to the specified right-of-way width, in which no planting or structure
shall be erected or maintained higher than two feet in height except
for street signs, fire hydrants and light standards. The "sight triangle"
is defined as the area outside the street right-of-way which is bounded
by the intersecting street lines and the straight line connecting
sight points, one each located on the two intersecting street center
lines at a point 30 feet from the point of street line intersection.
Such easement dedication shall be expressed on the site plan as follows:
"Sight triangle deeded for the purposes provided for and expressed
in the Land Development Ordinance of the Borough of Woodbury Heights."
(6) If the Construction Code Official, upon inspection, determines that
any fence or wall or portion of any fence or wall is not being maintained
in a safe, sound, upright condition, he shall notify owner of such
fence and violation in writing and his findings and state briefly
the reasons for such findings and order such fence or wall or portion
of such fence or wall repaired or removed within 30 days of the date
of written notice. Each day the person fails to obey the order referred
to above shall constitute a separate violation of this section.
(7) All fences must be erected within property lines and no fence shall
be erected so as to encroach upon public right-of-way.
(8) Fencing requirements for swimming pools shall be maintained in accordance with the provisions of Chapter
98 of the Woodbury Heights Code entitled "Swimming Pools."
B. C.C. Community Commercial, H.C. Highway Commercial, and L.I. Limited
Industrial Districts.
(1) Fencing requirements shall be the same as R Residential Districts,
except that:
(a)
A buffer zone often (10) feet must be established between a
C.C. Community Commercial, H.C. Highway Commercial, or L.I. Limited
Industrial Districts, and any residential district.
(b)
No wall or fence shall be erected or altered so that said wall
or fence shall be over eight feet in height.
(c)
Barbed wire may be used to top fencing so long as the supports
are facing inward and present no harm to passing persons or animals.
C. Permit required; fee. No fence shall be built until a building permit
is issued by the Construction Code Official. Any person applying for
such permit shall supply the Construction Code Official with such
plans, drawings and specifications as he may require as to the fence
to be constructed, and shall pay a fee of $25 with said application.
D. Violation and penalties. Any person, firm or corporation or his,
her or its agent, servant, representative or employee violating any
of the provisions of this chapter shall be punishable by a fine of
not more than $500 or by imprisonment for not more than 90 days, or
both such fine and imprisonment. Each days' continuance of a violation
of any of the provisions of this chapter shall be deemed a separate
and distinct offense and shall be punishable accordingly.
[Added 7-18-18 by Ord. No. 10-2018]
In any zoning district within the Borough of Woodbury Heights,
a preexisting nonconforming single-family residential structure may
be reconstructed and repaired if deemed completely destroyed by the
Zoning Officer, subject to the following conditions:
A. The Property contains a preexisting non-conforming single-family
residential dwelling unit and is located in a zoning district that
does not permit single-family residential dwelling units.
B. The single-family dwelling unit was determined to be completed destroyed
by the Zoning Officer such that the structure was damaged by more
than 75%.
C. The reconstruction or repair of the single-family residential structure
must maintain the minimum setbacks of the original building if they
are non-conforming to the zoning standards.
D. The single-family residential dwelling unit may be relocated in order
to conform to the zoning districts standards of the zone in which
the structure is located, upon approval of the Joint Land Use Board,
so that the dwelling unit is more conforming to the zoning district
bulk requirements.
E. The footprint of the proposed single-family residential dwelling
unit shall not be increased by more than 10% without approval from
the Borough of Woodbury Heights Joint Land Use Board.
F. The building permit for the proposed single-family residential dwelling
to be reconstructed shall be obtained by the property owner within
18 months from the date of loss of the original dwelling.
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any user of any structure.
A. Glare. No use shall produce a strong, dazzling light or a reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining dwelling units, adjoining districts or streets.
B. Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any body of water.
C. Noise. Noise levels shall be designed and operated in accordance
with local regulations and those rules established by the New Jersey
State Department of Environmental Protection as they are adopted and
amended.
D. Odor. Odors shall not be discernible at the lot line or beyond.
E. Storage and waste disposal. No materials or waste shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source of water supply or recreation
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
F. Ventilation. No use shall obstruct the natural ventilation of adjacent
uses or contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless set back from all property lines 10 feet or equipped
with baffles to deflect the discharged air away from the adjacent
use.
G. Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate lot.
Unless otherwise specified in this chapter, no more than one
principal dwelling or building shall be permitted on one lot.
No open space provided around any principal building for the
purposes of complying with the front, side, rear or other yard provisions
of this chapter shall be considered as providing the yard provisions
for another principal building.
[Added 3-19-1997 by Ord.
No. 6.1997]
A. Purpose. The purpose of this section is to establish general guidelines
for the siting of wireless communications towers and antennas. The
goals of this section are to: (1) protect residential areas and land
uses from potential adverse impacts of towers and antennas; (2) encourage
the location of towers in nonresidential areas; (3) minimize the total
number of towers throughout the community; (4) strongly encourage
the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers; (5) encourage
users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal; (6)
encourage users of towers and antennas to configure them in a way
that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques; (7) enhance the ability of the providers
of telecommunications services to provide such services to the community
quickly, effectively, and efficiently; (8) consider the public health
and safety of communication towers; and (9) avoid potential damage
to adjacent properties from tower failure through engineering and
careful siting of tower structures. In furtherance of these goals,
the Borough of Woodbury Heights shall give due consideration to the
Borough of Woodbury Heights' master plan, zoning map, existing land
uses, and environmentally sensitive areas in approving sites for the
location of towers and antennas.
B. Definitions. As used in this section, the following terms shall have
the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE
Manmade trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
ANTENNA
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
BACKHAUL NETWORK
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
FAA
The Federal Aviation Administration.
FCC
The Federal Communications Commission.
HEIGHT
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
TOWER
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure and any support thereto.
C. Applicability.
(1)
New towers and antennas. All new towers or antennas in the Borough of Woodbury Heights shall be subject to these regulations, except as provided in subsections
C(2) through
(4), inclusive.
(2)
Amateur radio station operators/receive only antennas. This
section shall not govern any tower, or the installation of any antenna,
that is under 70 feet in height and is owned and operated by a federally-licensed
amateur radio station operator or is used exclusively for receive
only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections
D(6) and
(7).
(4)
AM array. For purposes of implementing this section, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
D. General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. A different existing use of an
existing structure on the same lot shall not preclude the installation
of an antenna or tower on such lot.
(2)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements,
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(3)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the Zoning Officer an inventory of its existing
towers, antennas, or sites approved for towers or antennas, that are
either within the jurisdiction of the Borough of Woodbury Heights
or within one mile of the border thereof, including specific information
about the location, height, and design of each tower. The Zoning Officer
may share such information with other applicants applying for administrative
approvals or special use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the Borough
of Woodbury Heights, provided, however that the Zoning Officer is
not, by sharing such information, in any way representing or warranting
that such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(c)
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible.
(5)
Lighting. Towers shall not be artificially lighted, unless required
by the FAA or other applicable authority. If lighting is required,
the lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the FCC, and any other
agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this section
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
(7)
Building codes: safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in applicable state or local
building codes and the applicable standards for towers that are published
by the Electronic Industries Association, as amended from time to
time. If, upon inspection, the Borough of Woodbury Heights concludes
that a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then upon notice being provided to
the owner of the tower, the owner shall have 30 days to bring such
tower into compliance with such standards. Failure to bring such tower
into compliance within said 30 days shall constitute grounds for the
removal of the tower or antenna at the owner's expense.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the Borough of Woodbury Heights irrespective of municipal
and county jurisdictional boundaries.
(9)
Not essential services. Towers and antennas shall be regulated
and permitted pursuant to this section and shall not be regulated
or permitted as essential services, public utilities, or private utilities.
(10)
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communication system in the Borough of Woodbury
Heights have been obtained and shall file a copy of all required franchises
with the Zoning Officer.
(11)
Public notice. For purposes of this section, any conditional use request, variance request, or appeal of an administratively approved use or conditional use shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in subsection
G,(2),(e),[a], Table 2, in addition to any notice otherwise required by the Zoning Ordinance.
(12)
Signs. No signs shall be allowed on an antenna or tower.
(13)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection
H.
(14)
Multiple antenna/tower plan. The Borough of Woodbury Heights
encourages the users of towers and antennas to submit a single application
for approval of multiple towers and/or antenna sites. Applications
for approval of multiple sites shall be given priority in the review
process.
E. Permitted uses.
(1)
General. The uses listed in this subsection are deemed to be
permitted uses and shall not require administrative approval or a
conditional use permit.
(2)
Permitted uses. The following uses are specifically permitted:
(a)
Antennas or towers located on property owned, leased, or otherwise
controlled by the Borough of Woodbury Heights provided a license or
lease authorizing such antenna or tower has been approved by the Borough
of Woodbury Heights.
F. Administratively approved uses.
(1)
General. The following provisions shall govern the issuance
of administrative approvals for towers and antennas.
(a)
The Zoning Officer may administratively approve the uses listed
in this section.
(b)
Each applicant for administrative approval shall apply to the Zoning Officer providing the information set forth in subsection
G(2)(a) and
(b) of this section and a nonrefundable fee as established by resolution of the governing body to reimburse the Borough of Woodbury Heights for the costs of reviewing the application.
(c)
The Zoning Officer shall review the application for administrative approval and determine if the proposed use complies with subsections
D,G(2)(d) and (e) of this section.
(d)
The Zoning Officer shall respond to each such application within
60 days after receiving it by either approving or denying the application.
If the Zoning Administrator fails to respond to the applicant within
said 60 days, then the application shall be deemed to be approved.
(e)
In connection with any such administrative approval, the Zoning Officer may, in order to encourage shared use, administratively waive any zoning district setback requirements in subsection
G(2)(d) or separation distances between towers in subsection
G(2)(e) by up to 50%.
(f)
In connection with any such administrative approval, the Zoning
Officer may, in order to encourage the use of monopoles, administratively
allow the reconstruction of an existing tower to monopole construction.
(g)
If an administrative approval is denied, the applicant shall file an application for a conditional use permit pursuant to subsection
G. prior to filing any appeal that may be available under the Zoning Ordinance.
(2)
List of administratively approved uses. The following uses may
be approved by the Zoning Officer after conducting an administrative
review:
(a)
Locating a tower or antenna, including the placement of additional
buildings or other supporting equipment used in connection with said
tower or antenna, in the LI Limited Industrial District or HC Highway
Commercial District.
(b)
Locating antennas on existing structures or towers consistent
with the terms of paragraphs [1] and [2] below.
[1]
Antennas on existing structures. Any antenna which is not attached
to a tower may be approved by the Zoning Officer as an accessory use
to any commercial, industrial, professional, institutional, or multi-family
structure of eight or more dwelling units, provided:
[a] The antenna does not extend more than 30 feet above
the highest point of the structure;
[b] The antenna complies with all applicable FCC and
FAA regulations; and
[c] The antenna complies with all applicable building
codes.
[2]
Antennas on existing towers. An antenna which is attached to
an existing tower may be approved by the Zoning Officer and, to minimize
adverse visual impacts associated with the proliferation and clustering
of towers, collocation of antennas by more than one carrier on existing
towers shall take precedence over the construction of new towers,
provided such collocation is accomplished in a manner consistent with
the following:
[a] A tower which is modified or reconstructed to accommodate
the collocation of an additional antenna shall be of the same tower
type as the existing tower, unless the Zoning Officer allows reconstruction
as a monopole.
[b] Height.
(i) An existing tower may be modified or rebuilt to
a taller height, not to exceed 30 feet over the tower's existing height,
to accommodate the collocation of an additional antenna.
(ii) The height change referred to in paragraph [c],(i)
may only occur one time per communication tower.
(iii) The additional height referred to in paragraph [c],(i) shall not require an additional distance separation as set forth in subsection
G. The tower's premodification height shall be used to calculate such distance separations.
[c] Onsite location.
(i) A tower which is being rebuilt to accommodate the
collocation of an additional antenna may be moved onsite within 50
feet of its existing location.
(ii) After the tower is rebuilt to accommodate collocation,
only one tower may remain on the site.
(iii) A relocated onsite tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to subsection
G(2)(e). The relocation of a tower hereunder shall in no way be deemed to cause a violation of subsection
G(2)(e).
(iv) The onsite relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in subsection
G(2)(e) shall only be permitted when approved by the Zoning Officer.
(c)
New towers in nonresidential zoning districts. A new tower may be located in a CC Community Commercial District provided a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; the Zoning Officer concludes the tower is in conformity and, with the goals set forth in subsection
A and the requirements of subsection
D; and the tower meets the setback requirements in subsection
G(2)(d) and separation distances in subsection
G(2)(e); and the tower meets the following height and usage criteria:
[1]
For a single user, up to 90 feet in height;
[2]
For two users, up to 120 feet in height; and
[3]
For three or more users, up to 150 feet in height.
(d)
Locating any alternative tower structure in a CC Community Commercial zoning district that in the judgment of the Zoning Officer is in conformity with the goals set forth in subsection
A of this section.
(e)
Installing a cable microcell network through the use of multiple
low-powered transmitters/receivers attached to existing wireline systems,
such as conventional cable or telephone wires, or similar technology
that does not require the use of towers.
G. Conditional use permits.
(1)
General. The following provisions shall govern the issuance
of conditional use permits for towers or antennas by the combined
Planning and Zoning Board (hereafter referred to as "Planning Board"):
(a)
If the tower or antenna is not a permitted use under subsection
E. of this section or permitted to be approved administratively pursuant to subsection
F. of this section, then a conditional use permit shall be required for the construction of a tower or the placement of an antenna in all zoning districts.
(b)
Applications for conditional use permits under this section shall be subject to the procedures and requirements of Section
70-33 of the Zoning Ordinance, except as modified in this section.
(c)
In granting a conditional use permit, the Planning Board may
impose conditions to the extent the Planning Board concludes such
conditions are necessary to minimize any adverse effect of the proposed
tower on adjoining properties.
(d)
Any information of an engineering nature that the applicant
submits, whether civil, mechanical, or electrical, shall be certified
by a licensed professional engineer.
(e)
An applicant for a conditional use permit shall submit the information
described in this section and a nonrefundable fee as established by
resolution of the governing body to reimburse the Borough of Woodbury
Heights for the costs of reviewing the application.
(2)
Towers.
(a)
Information required. In addition to any information required for applications for conditional use permits pursuant to Section
70-33 of the Zoning Ordinance, applicants for a conditional use permit for a tower shall submit the following information:
[1]
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection
G(2)(e), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.
[2]
Legal description of the parent tract and leased parcel (if
applicable).
[3]
The setback distance between the proposed tower and the nearest
residential unit, platted residentially zoned properties, and unplatted
residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to subsection
D(3), shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials.
[6]
Method of fencing, and finished color and, if applicable, the
method of camouflage and illumination.
[7]
A description of compliance with subsections
D(3),
(4),
(5),
(6),
(7), (10, (12) and (13), and subsection
G(2),(d) and (e) and all applicable federal, state or local laws.
[8]
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
[9]
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the municipality.
[10] A description of the suitability of the use of
existing towers, other structures or alternative technology not requiring
the use of towers or structures to provide the services to be provided
through the use of the proposed new tower.
[11] A description of the feasible location(s) of future
towers or antennas within the Borough of Woodbury Heights based upon
existing physical, engineering, technological or geographical limitations
in the event the proposed tower is erected.
(b)
Factors considered in granting conditional use permits for towers. In addition to any standards for consideration of conditional use permit applications pursuant to Section
70-33 of the Zoning Ordinance, the Planning Board shall consider the following factors in determining whether to issue a conditional use permit, although the Planning Board may waive or reduce the burden on the applicant of one or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:
[1]
Height of the proposed tower;
[2]
Proximity of the tower to residential structures and residential
district boundaries;
[3]
Nature of uses on adjacent and nearby properties;
[5]
Surrounding tree coverage and foliage;
[6]
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness;
[7]
Proposed ingress and egress; and
[8]
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection
G(2)(c) of this section.
(c)
Availability of suitable existing towers, other structures,
or alternative technology. No new tower shall be permitted unless
the applicant demonstrates to the reasonable satisfaction of the Planning
Board that no existing tower, structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the Planning Board related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
[1]
No existing towers or structures are located within the geographic
area which meet applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to
meet applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength to support applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
[5]
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
[6]
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
[7]
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(d)
Setbacks. The following setback requirements shall apply to
all towers for which a conditional use permit is required; provided,
however, that the Planning Board may reduce the standard setback requirements
if the goals of this section would be better served thereby:
[1]
Towers must be set back a distance equal to at least 75% of
the height of the tower from any adjoining lot line.
[2]
Guys and accessory buildings must satisfy the minimum zoning
district setback requirements.
(e)
Separation. The following separation requirements shall apply
to all towers and antennas for which a conditional use permit is required;
provided, however, that the Planning Board may reduce the standard
separation requirements if the goals of this ordinance would be better
served thereby.
[1]
Separation from off-site uses/designated areas.
[a] Tower separation shall be measured from the base
of the tower to the lot line of the off-site uses and/or designated
areas as specified in Table 1, except as otherwise provided in Table
1.
[b] Separation requirements for towers shall comply
with the minimum standards established in Table 1.
Table 1:
|
---|
Off-site Use/Designated Area
|
Separation Distance
|
---|
Single-family or duplex residential units
|
200 feet or 300% height of tower whichever is greater
|
Vacant single-family or duplex residentially zoned land which
is either platted or has preliminary subdivision plan approval which
is not expired
|
200 feet or 300% height of tower whichever is greater
|
Vacant unplatted residentially zoned lands
|
100 feet or 100% height of tower whichever is greater
|
Existing multi-family residential units greater than duplex
units
|
100 feet or 100% height of tower whichever is greater
|
Nonresidentially zoned lands or nonresidential uses
|
None; only setbacks apply
|
[2]
Separation distances between towers.
[a] Separation distances between towers shall be applicable
for and measured between the proposed tower and preexisting towers.
The separation distances shall be measured by drawing or following
a straight line between the base of the existing tower and the proposed
base, pursuant to a site plan, of the proposed tower. The separation
distances (listed in linear feet) shall be as shown in Table 2.
[b]
Table 2:
|
---|
Existing Towers - Types
|
Lattice
|
Guyed
|
Monopole 75 Ft. in Height or Greater
|
Monopole Less Than 75 Ft. in Height
|
---|
Lattice
|
5000
|
5000
|
1,500
|
750
|
Guyed
|
5000
|
5000
|
1,500
|
750
|
Monopole 75 Ft. in Height or Greater
|
1,500
|
1,500
|
1,500
|
750
|
Monopole Less Than 75 Ft. in Height
|
750
|
750
|
750
|
750
|
(f)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height and shall also be equipped with an
appropriate anti-climbing device; provided however, that the Planning
Board may waive such requirements, as it deems appropriate.
(g)
Landscaping. The following requirements shall govern the landscaping
surrounding towers for which a conditional use permit is required;
provided, however, that the Planning Board may waive such requirements
if the goals of this section would be better served thereby.
[1]
Tower facilities shall be landscaped with a buffer of plant
materials that effectively screens the view of the tower compound
from property used for residences. The standard buffer shall consist
of a landscaped strip at least four feet wide outside the perimeter
of the compound.
[2]
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced or waived.
[3]
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be sufficient buffer.
H. Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
(a)
The cabinet or structure shall not contain more than 100 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 65 feet in height,
the related unmanned equipment structure, if over 100 square feet
of gross floor area or 10 feet in height, shall be located on the
ground and shall not be located on the roof of the structure.
(b)
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(2)
Antennas mounted on utility poles or light poles. The equipment
cabinet or structure used in association with antennas shall be located
in accordance with the following:
(a)
In residential districts, the equipment cabinet or structure
may be located:
[1]
Provided the cabinet or structure is no greater than 10 feet
in height or 100 square feet of gross floor area and the cabinet/structure
is located a minimum of 200 feet from all lot lines. The cabinet/structure
shall be screened by an evergreen hedge with an ultimate height of
at least eight feet and a planted height of at least 36 inches.
(b)
In commercial or industrial districts the equipment -cabinet
or structure shall be no greater than 10 feet in height or 100 square
feet in gross floor area. The structure or cabinet shall be screened
by an evergreen hedge with an ultimate height of eight feet and a
planted height of at least 36 inches. In all other instances, structures
or cabinets shall be screened from view of all residential properties
which abut or are directly across the street from the structure or
cabinet by a solid fence eight feet in height or an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
36 inches.
(3)
Antennas located on towers. The related unmanned equipment structure
shall not contain more than 100 square feet of gross floor area or
be more than 10 feet in height, and shall be located in accordance
with the minimum yard requirements of the zoning district in which
located.
(4)
Modification of building size requirements. The requirements of subsection
H(1) through
(3) may be modified by the Zoning Officer in the case of administratively approved uses or by the Planning Board in the case of uses permitted by conditional use to encourage collocation.
I. Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Borough of Woodbury
Heights notifying the owner of such abandonment. Failure to remove
an abandoned antenna or tower within said 90 days shall be grounds
to remove the tower or antenna at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
J. Nonconforming uses.
(1)
Not expansion of nonconforming use. Towers that are constructed,
and antennas that are installed, in accordance with the provisions
of this section shall not be deemed to constitute the expansion of
a nonconforming use or structure.
(2)
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of like construction and height) shall
be permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this section.
(3)
Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding subsection
I, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a conditional use permit and without having to meet the separation requirements specified in subsection
G(2)(d) and
(e). The type, height, and location of the tower onsite shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection
I.
[Added 7-21-2021 by Ord.
No. 10-2021; amended 10-19-2022 by Ord. No. 20-2022]
A. Enforcement; penalties.
(1)
Inspections. The Zoning Official; Police Department; and the
Fire Department shall, from time to time, make an inspection of the
Cannabis Establishment for the purpose of determining whether the
provisions of this section are complied with on a routine basis. It
shall be unlawful for any Cannabis Establishment to refuse to allow
such inspection or to hinder such an inspection.
(2)
Penalties. Any person violating any provision of this section
shall, upon conviction be subject to the applicable disciplinary actions
and penalties and be subject to a fine of not more than $2,500 or
imprisonment for a term not to exceed 90 days, or both. Each day such
violation is committed or permitted to continue shall constitute a
separate offense and shall be punishable as such.
B. Zoning districts where cannabis manufacturing and retail establishments
are conditionally permitted.
(1)
Cannabis Manufacturing Establishments are a permitted use in
the Borough, in accordance with all applicable provisions set forth
herein, state law, and all other applicable codes and regulations,
including but not limited to the Building Code, in the following area:
LI- Limited Industrial Zoning District.
(2)
Cannabis Retail Establishments are a permitted use in the Borough,
in accordance with all applicable provisions set forth herein, state
law, and all other applicable codes and regulations, including but
not limited to the Building Code, in the following area: HC- Highway
Commercial Zoning District.
C. Cannabis establishments prohibited in certain districts. Cannabis
establishments are a prohibited use in all other Borough Zoning Districts.