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Borough of Manville, NJ
Somerset County
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[Ord. No. 643; readopted by Ord. No. 2020-1235]
The necessity for certain specific uses is recognized but at the same time it is recognized that they or any one of them may be, or become, inimical to the Public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings. Accordingly, "conditional uses" are permitted in a particular zoning district only upon a showing that such use in the specified location, and in the district in which such use is listed as a possible conditional use will comply with the conditions and standards for the location or operation of such use as contained in this Ordinance, and upon the issuance of an authorization therefore by the Planning Board.
An application for a conditional use shall be made to the Planning Board in accordance with the procedures and standards set forth in the Chapter 31 Land Development Ordinance, and shall accompany the application for site plan review set forth in that ordinance.
The following uses, to the extent the same are listed as permitted conditional uses in any specific district, may be permitted as conditional use in such district by the Planning Board; provided, however, that where requirements for maximum lot coverage, lot area, lot width, or minimum floor area outlined in this Article differ from requirements of the specific district, the requirements set forth in this Article shall prevail.
In acting upon an application for conditional use, the Planning Board may suggest modifications and changes.
The Planning Board in granting approval of any conditional use may impose such conditions, in addition to those required in this Ordinance, as are necessary to assure that the general purpose and intent of this Ordinance is met.
Public utility uses, such as telephone dial equipment centers and power substations, but not service or storage yards, may be permitted in any district provided that:
With the application, the applicant shall submit:
a. 
The detailed site plan and all accompanying data and documents as submitted to and considered by the Zoning Officer and Planning Board under Chapter 30, Land Development Ordinance.
b. 
A plat showing the locations of all existing buildings and structures within 200 feet of the subject property and showing all streets within 1,000 feet of the subject property.
c. 
A plan showing or indicating the distribution routes for said utility to and from said property.
No such conditional use shall be permitted unless it is determined that:
a. 
The proposed installation in a specific location in necessary for the satisfactory provision of services by the utility to the neighborhood or area in which the particular use is to be located;
b. 
The design of any building in connection with such facilities conforms to the general character of the area, and will not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located;
c. 
Adequate and attractive fences and safety devices will be provided;
d. 
Sufficient landscaping including shrubs, trees and lawns will be provided and will be periodically maintained;
e. 
Adequate off-street parking will be provided;
f. 
All of the area, yard and building coverage requirements of the respective zone will be met.
(Reserved)
Hospital, philanthropic or eleemosynary uses, but not correctional or detention institutions may be permitted as conditional use in any district in which such use is set forth as a conditional use.
With the application, the applicant shall submit:
a. 
The detailed site plan and all accompanying data and documents as submitted to and considered by the Zoning Officer and Planning Board under Chapter 30, Land Development Ordinance.
b. 
Complete architectural plans and specifications of all proposed buildings and structures, and of any existing structures proposed to be continued and used in connection with the proposed use.
c. 
A statement setting forth in general terms the proposed use or uses, the anticipated number of staff and/or employees, the nature of the services to be rendered, and the total numbers of persons expected to use the proposed facilities at any one time; for example, in the case of a hospital, the maximum number of "beds," or other usual measure of capacity.
No such conditional use shall be permitted unless it is determined that:
a. 
The subject property contains at least five acres.
b. 
No structure will be erected nearer than 75 feet to any street line, nor nearer than 50 feet to any property line.
c. 
The off-street parking and loading requirements of Article 8 will be met.
d. 
Buildings will not occupy more than 25% of the lot area.
e. 
All other requirements as set forth in this Ordinance for the zone in which it is to be located are observed; except that the front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for the zone district in which it is to be located, but in no case shall any building exceed a height of 35 feet.
f. 
Such use will in no way be detrimental to the surrounding property values and that the building or use proposed will serve a useful purpose and promote the general welfare of the Borough.
In any case where any such use may now be in existence, or may hereafter be granted approval pursuant to the provisions of this Ordinance, in the event of any expansion of said facilities, or increase in intensity of such use beyond that originally represented (whether or not such intensity is accompanied by enlargement of the physical facilities), the person, firm, corporation, board or body in charge of said use, and the owner of the property upon which it is located, shall reapply to the approving authority in the same manner as for an original application as provided herein.
Quasi-public buildings and recreation areas and facilities, including club houses, parks, playgrounds, swimming pools, tennis courts, and other similar activities, operated by non-profit membership organizations may be permitted as a conditional use in any district in which such uses are set forth as conditional uses.
With the application, the applicant shall submit:
a. 
The detailed site plan and all accompanying data and documents as submitted to and considered by the Zoning Officer and Planning Board under Chapter 30, Land Development Ordinance.
b. 
A set of architectural plans and specifications showing proposed buildings and structures.
c. 
A statement setting forth full particulars on the operation of the proposed use.
d. 
A complete list of proposed charter membership, including names and resident addresses.
No such conditional use shall be permitted unless it its determined that:
a. 
The proposed use is a bona fide non-profit organization operated solely for the recreation and enjoyment of the members of said organization;
b. 
The proposed use in the proposed location will not adversely affect the safe and comfortable enjoyment of property rights or the values of adjacent properties; that the design of any structure erected in connection with such use will be in keeping with the general character of the area, and that sufficient landscaping, including trees, shrubs, and lawn will be provided to serve as a buffer between said use and any adjoining residential properties, and to insure an attractive appearance for the use;
c. 
The property proposed to be occupied by such use shall have a minimum lot area of one acre, a minimum road frontage of 150 feet, and a maximum lot coverage of 20%;
d. 
No building, structure, or active recreational facilities shall be located within 50 feet to an adjacent residential lot.
The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless additional land is acquired or other steps are taken to provide for such increase, and supplemental application is made to the approving authority.
Houses of worship may be permitted as a conditional use in any district in which such use is set forth as a conditional use.
With the application, the applicant shall submit:
a. 
The detailed site plan and all accompanying data and documents as submitted to and considered by the Zoning Officer and Planning Board under the Chapter 30, Land Development Ordinance.
b. 
Complete architectural plans and specifications of all proposed buildings and structures, and of any existing structures proposed to be continued and used in connection with such proposed church.
No such conditional use shall be permitted unless it is determined that:
a. 
The lot area shall be not less than three acres.
b. 
In all other respects, the proposed use and buildings shall comply with the area and bulk requirements of the zone district in which the proposed church is to be located; provided, however, that the approving authority shall have the authority to grant, an exception from the height limitation for a church spire, bell tower or belfry.
Public Garages and Motor Vehicle Stations may be permitted as conditional use in the C Commercial District only, and only in strict compliance with the provisions of this Section and other applicable provisions of this Ordinance.
With the application, the applicant shall submit.
a. 
The detailed site plan and all accompanying data and documents as submitted to and considered by the Zoning Officer and Planning Board under Chapter 30, Land Development Ordinance.
b. 
To be included in said site plan, in addition to those items specified in Chapter 30, Land Development Ordinance, shall be the number and location of fuel tanks to be installed, the dimension capacity of each tank, the depth at which the tanks will be placed below ground, the number and location of pumps to be installed, the type of work to be done and a statement of the number of automobiles which may be garaged.
c. 
Complete architectural plans and specifications of all proposed buildings and structures, and of any existing structures proposed to be continued and used in connection with such proposed use.
No such conditional use shall be permitted unless it is determined that:
a. 
Gasoline pumps and all service facilities shall be set back at least 37 feet from any street line.
b. 
Public garages and motor vehicle service stations shall be located on a lot having a frontage of not less than 200 feet.
c. 
The entire area of the site to be traversed by motor vehicles shall be surfaced with a concrete or asphaltic pavement.
d. 
No motor vehicle service station or public garage shall be located within 1,500 feet of another motor vehicle service station and said distance shall be measured in a straight line from the nearest boundary of the lot of one such use to be nearest boundary of the other.
e. 
No part of any public garage or motor vehicle service station shall be used for residence or sleeping purposes.
f. 
No uses prohibited by any provisions of this Ordinance shall be permitted in conjunction with the use of any property for a public garage or motor vehicle service station, and no such prohibited use shall be permitted, allowed or considered as an accessory use to the use of any premises as such public garage or motor vehicle service station.
Uses enumerated in subsection 31-606.3 may be permitted as a conditional use in the C Commercial District only, and only in strict compliance with the provisions of this subsection 31-712 and other applicable provisions of this Ordinance.
With the application, the applicant shall submit:
a. 
The detailed site plan and all accompanying data and documents as submitted to and considered by the Zoning Officer and Planning Board under Chapter 30, Land Development Ordinance.
b. 
Complete architectural plans and specifications of all proposed buildings and structures, and of any existing structures proposed to be continued and used in connection with such proposed use.
No such conditional use shall be permitted unless it is determined that:
a. 
Sufficient on-site parking is provided.
b. 
No conditional use set forth in subsection 31-606.3, paragraphs a.6 and a.7 shall be located within 1,500 feet of a school, church or another similar conditional use, and the said distance shall be measured in a straight line from the nearest boundary of the lot to the nearest boundary of the other.
[Ord. No. 96-855]
a. 
No regulated use shall be located within 1000 feet of a school, hospital, church, library, nursing home, public building, funeral parlor, other regulated use or residentially zoned property (whether utilized or not for residential purposes). All such distances shall be measured along a straight line from the nearest point on the boundary of the lot on which the regulated use is proposed to the nearest point on the boundary of the lot on which the school, hospital, church, library, nursing home, public building, funeral parlor other regulated use or residentially zoned property is located.
b. 
Every regulated use shall comply with all standards contained in the Zoning Ordinance for the general use group in which the proposed regulated use would be classified and for the zone in which it is located.
c. 
When any existing building is converted from any other use to a regulated use, or from one regulated use to another regulated use, a full and complete site plan application and review shall be required, regardless of pre-existing use, and the municipal body conducting the site plan review shall have no authority to waive any application or review requirements.
d. 
Upon conviction for violation of any provision of this Section 31-713, the maximum penalty shall be one or more of the following: a fine not to exceed $1,000.00, imprisonment in the County Jail for a period of not to exceed 90 days, and/or a period of community service not to exceed 90 days. Each and every day upon which a violation of any provision of this section exists shall constitute a separate violation.
[1]
Note: Regulated uses defined in Section 31-301.
[Ord. No. 2011-1102]
As used in this section, the following terms shall have the meanings indicated:
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 communications signals.
BACKHAUL NETWORK
Lines that connect a providers' towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
CELLULAR ANTENNA
Antennas which are used for the transmission and reception of wave frequencies for the purposes of telephone, radio, paging and/or television communication and which are permitted as "conditional uses" in accordance with the specific zoning conditions and standards for their location and operation within this section. For the purposes of this section "cellular antennas," as referred to in the 1996 Federal Telecommunications Act, shall not be considered to be a public utility.
FAA
The Federal Aviation Administration.
FCC.
The Federal Communications Commission.
PUBLIC VIEW
Visible from a public thoroughfare, public lands or buildings or navigable waterways.
TELECOMMUNICATIONS ACT
Federal Telecommunications Act of 1996 and amendments or modifications which may be made thereto.
TOWER
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self supporting lattice towers, guy 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.
WIRELESS TELECOMMUNICATIONS EQUIPMENT COMPOUND
A fenced in area which houses any combination of wireless telecommunications structures, buildings, antennas, equipment, and/or towers.
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT, AND/OR TOWERS
Buildings and/or structures and equipment for the delivery of wireless telecommunications, except for satellite dish antennas. Wireless telecommunications tower means a vertical structure used for wireless telecommunications antennas.
It is the purpose of this Section 31-713 to provide specific zoning conditions and standards for the location and operation of cellular antennas for telephone, radio, paging and other personal wireless communication services and/or telecommunications within the Borough of Manville which, while acknowledging that, at times, there may be inherent benefits derived from the construction and operation of such antennas, also recognized, is the need to safeguard the public good and preserve the intent and purpose of the Borough of Manville Zone Plan. This section seeks to meet the mandate of the Telecommunications Act of 1996 while at the same time limiting the proliferation of wireless telecommunications towers.
The overall objective of this section is to enable the location within the Borough of Manville of those antennas and/or towers which have been determined by the Telecommunications Act to be necessary and protected so as to provide full and seamless communication services while, at the same time, limiting the number of supporting towers to the extent reasonably practicable. Therefore, since the Telecommunications Act has recognized that service carriers have the right to provide cellular communication service within the Borough of Manville, it also is an objective of these provisions that many of the different carriers locate their antennas on the same tower in order to limit the overall number of towers within the Borough to the extent reasonably practicable.
a. 
Notwithstanding anything in the Zoning and Land Use Ordinances of the Borough of Manville to the contrary, the installation of wireless telecommunications structures, antennas, equipment and/or towers and their respective locations shall be a conditional use in the following zoning districts of the Borough: I-Industrial District and C-Commercial District. They are prohibited in all other zoning districts.
b. 
The installation of wireless telecommunication service shall also be prohibited on any school property, parks and playgrounds, recreations facilities or land dedicated as Green Acres, irrespective of whatever zoning district they are in.
c. 
Nothing within this section shall be deemed to apply to municipal towers.
a. 
The maximum height of any proposed cellular antenna and any proposed new cellular tower shall be demonstrated by the applicant to be the minimum height necessary for the proposed installation to satisfactorily operate, but in no event in excess of the following standards for height, exclusive of lightning rods:
1. 
Singular vendor: 120 feet.
2. 
Two vendors: 120 feet.
3. 
Three or more vendors: 120 feet.
b. 
All tower footings shall be designed to permit future extensions to a maximum height of 120 feet.
If needed, in accordance with an overall comprehensive plan for the provision of full cellular communication services within the Borough utilizing the fewest number of towers to the extent reasonably practicable, cellular antennas and wireless telecommunications structures, antennas, equipment and/or towers shall be permitted as conditional uses at the following prioritized locations:
a. 
The first priority location shall be an existing tower, building, silo, steeple or structure or any existing or proposed water tower or water stand pipe within or near the Borough of Manville in the zoning districts delineated in subsection 31-714.4.
b. 
The second priority location shall be on lands owned by the Borough of Manville in the following zoning districts within the Borough in order of priority:
1. 
I-Industrial districts.
2. 
C-Commercial districts.
c. 
The third priority location shall be on lands within the Borough of Manville not owned by the Borough zoned as follows in order of priority:
1. 
I-Industrial districts.
2. 
C-Commercial districts.
a. 
If the proposed antennas will be attached to an existing tower or to an existing water tower or water stand pipe or other structure or building, no land area shall be required in addition to the land area upon which the existing structure or equipment is situated; or
b. 
If the proposed antennas and supporting tower will be on lands within the nonresidential zoning districts recited in subsection 31-714.6b above and owned by the Borough of Manville, the land area required shall be approved by the Planning Board with consideration given to existing site conditions and surrounding land uses and shall be subject to a lease agreement between the applicant and the Borough of Manville.
c. 
If the proposed antennas and proposed new supporting tower will be on land within the Borough of Manville zoned I-Industrial and C-Commercial, the following minimum bulk requirements shall be met:
1. 
The proposed antennas and proposed supporting tower and ancillary building enclosing related electronic equipment shall be located on a lot size in accordance with the following formula:
(a) 
The total enclosure, including the footprint, shall not be greater than 50 feet by 50 feet.
(b) 
The setback from the footprint to the property boundaries shall adhere to the applicable zone standards.
2. 
Excepting for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted:
(a) 
Within a distance of 100 feet from the property line of any existing residence.
(b) 
Within a distance closer than 2,500 feet from another tower.
(c) 
Within a distance closer than 200 feet from a school property line.
3. 
All utilities serving the site shall be underground where reasonably practicable.
4. 
A wireless telecommunications equipment compound shall be unoccupied other than purposes of repair, maintenance and/or construction.
In order to provide evidence that the proposed location of the proposed wireless telecommunications structures, antennas, equipment and/or towers have been planned to result in the fewest number of tower locations within the Borough of Manville at the time full service is provided by the applicant throughout the Borough, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Borough of Manville and, to the extent reasonably practicable, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of cellular communications services within the Borough of Manville. Essentially and summarily, the overall comprehensive plan shall indicate the following:
a. 
Documentary evidence regarding the need for new wireless telecommunications antennas within the Borough with due consideration given to the Borough population. This information shall identify the wireless network layout and coverage area to demonstrate the need for new equipment at a specific location within the Borough as well as future plans for applicant's expansion to the extent reasonably foreseeable.
b. 
Documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner of the existing buildings or structures and statements under oath by the applicant.
c. 
Document the locations of all existing communications towers and/or antennas within the Borough of Manville and surrounding areas with coverage in the Borough and shall provide competent testimony by a radio frequency expert regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist in the zoning districts delineated in subsection 31-714.4, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide credible written evidence of correspondence with the owner of such tower or statements under oath verifying that suitable space is not available on the existing tower.
d. 
Explain how the proposed location of the proposed antennas relates geographically to the location of any existing towers within and near the Borough of Manville.
e. 
Explain how the proposed location of the proposed antennas relates to the anticipated need for additional antennas and supporting towers within and near the Borough of Manville by the applicant and by other providers of cellular communication services within the Borough to the extent such information is not proprietary and can be obtained with reasonable effort.
f. 
Explain how the proposed location of the proposed antennas relates to the objective of collating the antennas of many different providers of cellular communication services on the same tower.
g. 
Explain how the proposed location of the proposed antennas relates to the overall objective of providing full cellular communication services within the Borough while, at the same time, limiting the number of towers to the extent reasonably practicable.
a. 
Wireless telecommunications antennas may be erected on existing buildings or structures and a wireless telecommunications compound may be constructed in support of such antennas within the zoning districts delineated in subsection 31-714.4 consistent with the following requirements:
1. 
Antenna arrays may be mounted on such existing buildings or structures, but shall not extend beyond the overall height of any such building or structure by more than 10 feet.
2. 
The wireless telecommunications equipment compound shall be enclosed within a fence at least seven feet and no more than eight feet high as approved by the Borough Engineer which shall include a locking security gate.
3. 
A wireless telecommunications equipment compound consisting of no more than 900 square feet may be erected in support of such antenna arrays provided:
(a) 
It is situated behind existing structures, buildings or terrain features which shall shield the wireless telecommunications equipment compound from public view; or
(b) 
When a location out of public view is not reasonably practicable, a landscape buffer shall be provided outside the fence around the wireless telecommunications equipment compound to shield the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting.
b. 
Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color shall be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not reasonable or practicable, color selection shall be designed to minimize the visual impact of the antenna arrays.
c. 
Where new wireless telecommunications towers or other antennas support structures are proposed, stealth designs where reasonably practicable shall be employed to camouflage their appearance, such as bell towers, silos, artificial trees and similar treatments. The degree and nature of such stealth designs shall depend upon the specifics of the site involved so as to provide the most appropriate designs under the circumstances presented.
d. 
The NJDEP noise regulation (N.J.A.C. 7:29) limits the A-weighted sound levels produced by a commercial facility when measured at a property line. A-weighting is a standardized sound level meter setting having a frequency characteristic similar to the human ear/brain sensitivity and, therefore, provides an overall sound level measurement which correlates with how people perceive noise. The following levels are applicable:
1. 
Daytime regulation: (7:00 a.m. to 10:00 p.m.)
31.5
96
63
82
125
74
250
67
500
63
1,000
60
2,000
57
4,000
55
8,000
53
Sound Pressure Level
2. 
Nighttime regulation: (10:00 p.m. to 7:00 a.m.)
31.5
86
63
71
125
61
250
53
500
48
1,000
45
2,000
42
4,000
40
8,000
38
Sound Pressure Level
3. 
The NJDEP noise regulation limits the peak sound pressure levels of an impulsive sound when measured at a residential property line, to 80 decibels during all hours of the day.
a. 
Any proposed building enclosing related electronic equipment shall not be more than 12 feet in height nor more than 300 square feet in area and only one such building shall be permitted on the lot for each provider of cellular communications services located on the site.
b. 
Any proposed new tower shall be a monopole unless the applicant can demonstrate and the Planning Board agrees, that a different type pole is necessary for the co-location of additional antennas on the tower.
c. 
No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site, or by the underground extension of telephone lines to the site if necessary.
d. 
All proposed antennas, any proposed new tower and any proposed building enclosing related electronic equipment shall be colored to best blend with the surroundings, including any site vistas.
e. 
Other than typical "warning," "emergency" and equipment information signs, no signs are permitted. Emergency signs shall be on plates attached to the tower or building and shall not exceed two square feet.
f. 
No lighting is permitted, except as follows, which shall be subject to review and approval by the Planning Board as part of the site plan application:
1. 
The building enclosing electronic equipment may have one light at the entrance of the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building. This shall be exclusive of lights equipped with motion detectors. To the extent these requirements are inconsistent with BOCA requirements, the BOCA requirements shall apply; and
2. 
No lighting is permitted on a tower except lighting that is specifically as required by the FAA and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.
g. 
No cellular antenna and/or its related electronic equipment shall interfere with any public safety communications subject to FCC rules and regulations.
h. 
All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby, minimize the need for vehicular trips to and from the site.
i. 
Minimal off-street parking shall be permitted as needed and as approved by the appropriate Board having jurisdiction.
j. 
All towers shall be designed with anti-climbing devises in order to prevent unauthorized access. Additionally, any tower supporting the cellular antennas and any building enclosing related electronic equipment shall be surrounded by a fence between seven feet and eight feet high. The fence shall be bordered by a landscape buffer pursuant to subsection 31-714.9a.3(b).
k. 
Additional safety devices shall be permitted as needed and as approved by the appropriate Board having jurisdiction.
l. 
Between any existing or zoned residential property bordering the proposed lot and the location of any proposed new tower or any proposed building enclosing related electronic equipment, a landscaped buffer at least 20 feet deep shall be provided in accordance with the following:
1. 
The landscaped buffer shall consist of a combination of existing and/or newly planted evergreen and deciduous trees of sufficient density to screen the view of the tower and building from the surrounding properties to the maximum extent possible.
2. 
Any newly planted evergreen trees shall be at least eight feet high at time of planting and any newly planted deciduous trees shall be a minimum caliper of 2 1/2 inches to three inches at time of planting.
m. 
Towers and antennas shall meet the following requirements:
1. 
Towers shall be subject to any applicable standards of the FAA and, to the extent reasonably practicable, be painted a neutral color so as to reduce visual obtrusiveness.
2. 
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.
3. 
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 such as sky blue 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 reasonably practicable.
4. 
The applicant shall submit a report from a qualified expert certifying that the wireless telecommunications antenna and equipment facility comply with the latest structural and wind-loading requirements as established by applicable building and electrical codes. The applicant shall provide a description of the number and type of antennas that may be accommodated and the effect on structural integrity.
a. 
Wireless telecommunications structures, antennas, equipment and/or towers and cellular antennas for telephone, radio, paging and/or television communication shall require major site plan review and approval in accordance with the zoning and land use ordinances of the Borough of Manville.
b. 
In addition to the applicable documentation and items of information required for major site plan approval contained in the zoning and land use ordinances of the Borough of Manville and on the related checklist, the following additional documentation and items of information specific to wireless telecommunications are required to be submitted to the Board of Adjustment or Planning Board, as appropriate, for review and approval as part of the site plan submission:
1. 
Documentation by a qualified professional engineer expert in structural engineering regarding the capacity of the proposed tower for the number and type of antennas.
2. 
Documentation by a qualified professional engineer expert in structural engineering that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industry Association (EIA) and/or the Telecommunications Industry Association (TIA) have been met.
3. 
A letter of intent by the applicant in a form which is reviewed and approved by the Borough Planning Board Attorney or Zoning Board of Adjustment Attorney indicating that the applicant will share the use of any tower with other approved cellular communication services and that the cost to achieve co-location to other carriers shall not exceed fair market value. This co-location requirement shall be a condition of approval.
4. 
A visual site distance analysis using balloon testing and a composite image, graphically simulating the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed tower where the tower will be most visible.
c. 
An environmental assessment or inventory study in accordance with the zoning and land use ordinances of the Borough of Manville shall be required. Proof that the applicant meets FCC standards as to radiation emissions shall also be required.
d. 
A report from a qualified expert containing the following:
1. 
A description of the tower and the technical and other reasons for the tower design and height.
2. 
Documentation by a professional engineer to establish that the tower has sufficient structural integrity for the proposed uses of the proposed location and meets the minimum safety requirement margins according to FCC requirements and their current adopted revision as well as BOCA requirements.
3. 
The general capacity, of the tower in terms of the number and type of antenna it is designed to accommodate.
e. 
A letter of commitment pursuant to subsection 31-714.11b.3 by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to issuance of a building permit. This letter shall commit the tower owner and successors in interest.
f. 
Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials and all other accessory equipment.
g. 
A copy of the lease or deed for the property, redacted so as to protect the lessor and lessee proprietary and confidentiality interests.
h. 
The site plan shall also provide the following information:
1. 
Legal description of the parent tract and lease parcel.
2. 
The setback distance between the proposed tower and the nearest residential unit, planned residentially zoned properties and unplatted residentially zoned properties.
3. 
The separation distance from other towers described in the inventory of existing sites submitted. The applicant shall also identify the type of construction of the existing tower and owner/operator of the existing tower if known.
4. 
A landscape plan showing specific landscape materials.
5. 
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
6. 
Identification of the entities providing the backhaul network for the tower described in the application and other cellular sites owned or operated by the applicant in the municipality and surrounding competitor sites, to the extent reasonably obtainable.
7. 
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.
Operators of wireless telecommunications towers shall provide to the Borough of Manville a report every three years from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon and whether they remain in use, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified, and shall include a detail listing of all antennas and equipment so certified. Vendors shall also be required to notify the Borough when the use of such antennas and equipment is discontinued. A satisfactory insurance company inspection report shall be deemed to meet the requirements of this section.
Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless telecommunication service providers will be permitted to co-locate on a proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect a fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower, the extent to which the height of the tower could be increased and the type of equipment which could be accommodated. Such request for approval shall be considered to be a "C" or bulk variance to be reviewed by the Planning Board.
Development application and escrow fees for wireless telecommunications installations are as provided in Chapter 30, Land Development.
The applicant shall provide a performance bond and/or other assurances satisfactory to the Planning Board in a form approved by the Borough Attorney that will cause the antennas, the supporting tower, the ancillary building enclosing related electronic equipment and all other related improvements to the land to be removed at no cost to the Borough, when the antennas are no longer operative. Any communication facility not used for its intended and approved purpose for a period of 12 months shall be considered no longer operative and abandoned and shall be removed by the applicant or their assigns within 60 days thereof. If the use of the tower is 10% or less of its maximum permitted capacity, it shall be considered no longer operative and therefore abandoned.
a. 
All new towers or antennas shall be subject to this article and to the jurisdiction of the Planning Board except as provided in paragraph c hereinbelow.
b. 
Pre-existing towers and pre-existing antennas shall not be required to meet the requirements of this article, but shall be required to meet the requirements of all state and federal regulations on the subject including FCC, FAA and BOCA requirements. However, at time of submission of any application for site plan approval, such towers and antennas shall be brought into conformance with this section where reasonably practicable.
c. 
All other planned and nonconforming structures and expansions of existing antennas, structures, towers or wireless telecommunications equipment compounds shall be deemed to be an expansion of a nonconforming use and shall require a "D" variance from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d).
a. 
All antennas, structures, towers, or wireless telecommunications equipment compounds shall be insured with liability coverage as follows: $1,000,000 to $3,000,000 with the Borough named as co-insured. Evidence of such insurance coverage shall be submitted to the Borough Attorney or his designee at the time of approval and each succeeding year by the anniversary date of the approval.
b. 
All other applicable requirements of this section contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of all applicable requirements of this section may be granted by the Planning Board or Zoning Board of Adjustment.