[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.
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.
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.
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.
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:
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:
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
|
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
|
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.