[Ord. No. 77-1, § 2.]
In determining the boundaries of districts shown on the map,
the following rules shall apply:
(a)
Unless otherwise shown, the district boundaries shall be construed
to coincide with the center lines of streets and alleys.
(b)
Where such boundaries are indicated as approximately following
the lot lines of parks or other publicly owned lands, such line shall
be construed to follow such boundaries.
(c)
Where a district boundary line is located not farther than 10
feet away from a lot line of record, such boundary lines shall be
construed to coincide with such lot line.
(d)
Where a district boundary line is located at least 10 feet but
not more than 35 feet away from a lot line of record, the board of
adjustment may allow, as a decision upon a special question, such
boundary line to be construed to coincide with such lot line.
(e)
Where a district boundary line is located more than 35 feet
away from a lot line of record, the board of adjustment may permit
as a special exception the extension of the regulations for either
portion of the lot into the remaining portion of the lot, for a distance
not to exceed 20 feet from the district boundary.
(f)
Unless otherwise shown, the E1 district boundary running parallel
to a lot line or street line shall be construed to be 150 feet from
such lot line or the right-of-way of such street.
(g)
In all other cases, where dimensions are not shown on the map,
the location of boundaries shown on the map shall be determined by
the use of the scale appearing thereon.
[Ord. No. 77-1, § 2.]
A protest against any proposed amendment or revision of the
zoning ordinance may be filed with the municipal clerk, signed by
the owners of 20% or more either of the area of the lots or land included
in such proposed change, or of the lots or land extending 200 feet
in all directions therefrom inclusive of street space, whether within
or without the municipality. Such amendment or revision shall not
become effective following the filing of such protest except by the
favorable vote of two-thirds of all the members of the governing body
of the municipality.
[Ord. No. 2004-06, § 2]
Uses listed as a conditional use in a particular district may
be permitted by the planning board, only after it has determined that
the development proposal complies with the conditions and standards
set forth elsewhere in this chapter for the location and operations
of such use and with the following specifications and standards:
(a)
That all proposed structures, equipment or materials shall be
readily accessible for fire and police protection.
(b)
That the proposed use shall be of such location, size and character
that, in general, it will be in harmony with the appropriate and orderly
development of the district in which it is proposed to be situated,
will not significantly impact the environment in an adverse way, and
will not be detrimental to the orderly development of adjacent properties
in accordance with the zoning classification of said properties.
(c)
That, in addition to the specifications and standards set forth
in this section, in the case of a conversion of a residential building
in existence on November 19, 1968, to a joint occupancy building,
or the conversion of a part of the residential portion of a joint
occupancy building to office or other nonresidential use, the following
criteria are met:
(1)
That the portion of the structure to be converted to a nonresidential
use shall not be located above the remaining residential uses in said
structure if said nonresidential use by the nature of its operation
can be considered detrimental to the residential living.
(2)
That no floor may be used for both residential and business
uses, unless a separate entrance, hallway or stairway provides direct
access to each use and that the nonresidential use by the nature of
its operation will not be detrimental to residential living immediately
contiguous thereto.
(d)
Each application for a conditional use shall be accompanied
by a proposed site plan in accordance with the provisions of section
17A-195 and 17A-196 of this Code showing the size and location of
the lot, the location of all buildings and proposed facilities, including
access driveways, parking areas, and all streets within 200 feet of
the lot.
(e)
Any lot for which conditional use approval is granted shall
be deemed to be a conforming use in the district in which such use
is located, provided that such approval shall affect only the lot
or portion thereof for which such use shall have been granted. A conditional
use approval shall be valid for one year unless preliminary approval
of a site plan for the lot involving the conditional use has been
granted, at which time the applicant shall receive the same right
as that provided for preliminary approval of site plans as set forth
in this chapter.
(f)
Any legally preexisting use located in a district in which it
is listed as a conditional use shall be deemed to be an authorized
use on the lot or portion thereof on which such use is located. However,
any addition or expansion to such use, or any enlargement or reconstruction
of a nonconforming building for such use, shall require the approval
of the planning board in accordance with the procedures for new conditional
uses as established under this section.
(g)
Personal wireless telecommunications facilities and equipment
shall be permitted as conditional uses in all districts in the borough.
(1)
Personal wireless telecommunications facilities and equipment
must comply with the following conditional use standards:
a.
Height standards. Where permitted, PWTF may exceed the maximum
building height limitations, provided the height has the least visual
impact and is no greater than required to achieve service area requirements
and potential collocation, when visually appropriate. PWTEFs are limited
to 12 feet in height.
b.
Setback standards. All PWTFs and PWTEFs shall be subject to
the minimum yard requirements of the zoning district in which they
are located, provided the minimum setback may be increased where necessary
to address safety concerns. If PWTEFs are located on the roof of a
building, the area of the PWTEFs and other equipment and structures
shall not occupy more than 25% of the roof area.
c.
Visual impact standards. All PWTFs and PWTEFs shall be located
to minimize visual impacts on the surrounding area in accordance with
the following standards. In applying these standards, locations in
a higher priority category under section 17A-208(g)(3) shall be deemed
more acceptable than lower priority sites.
1.
Sites for PWTFs and PWTEFs must demonstrate that they provide
the least visual impact on residential areas and public way. All potential
visual impacts must be analyzed to illustrate that the selected site
provides the best opportunity to minimize the visual impact of the
proposed facility.
2.
PWTEFs should be located to avoid being visually solitary or
prominent when viewed from residential areas and the public way. The
facility should be obscured by vegetation, tree cover, topographic
features and/or other structures to the maximum extent feasible.
3.
PWTFs and PWTEFs shall be placed to ensure that historically
significant viewscapes, streetscapes, and landscapes are protected.
The views of and vistas from architecturally and/or significant structures
should not be impaired or diminished by the placement of telecommunication
facilities.
4.
The applicant must document they are using the least visually
obtrusive technology to provide the required service. The applicant
must present to the board of jurisdiction information on the available
technologies for the proposed location and how the selected technology
has the least visual impact.
5.
The board may waive any of the above standards upon the applicant
showing that enforcement would prevent the applicant from satisfying
its license requirements.
(2)
Personal wireless telecommunications facilities and equipment
must also comply with the following requirements, which shall not
be construed as conditional use standards:
a.
Locational priority. If needed in accordance with an overall
comprehensive plan for the provision of full wireless communications
service within the Princeton community, PWTFs and PWTEFs shall be
permitted as a conditional use in all districts. Proposals on lower
priority sites with less visual impact, assessed under 17A-208(g)(4),
shall take preference over higher priority sites. Locational priorities
shall consist of the following:
1.
The first priority location shall be on lands or structures
owned by Princeton Borough if feasible and available;
2.
The second priority location shall be on lands or structures
owned by the Princeton Regional School District if feasible and available;
3.
The third priority location shall be collocation on existing
PWTFs (or existing water tanks) provided that the new installation
does not increase the height by more than 10%; and
4.
The fourth priority location shall be existing buildings, steeples,
bell towers, poles or other structures which can be used for PWTEFs
and PWTFs in such a manner as to render the antennas and related equipment
as visually unobtrusive as possible.
5.
The fifth priority location shall be such locations as the applicant
proves are essential to provide required service to the Princeton
community.
b.
Site design standards. The following design standards shall
apply to PWTFs and PWTEFs installed or constructed pursuant to the
terms of this subdivision:
1.
Collocation. Ordinance limitation on the number of structures
on a lot shall not apply when PWTFs and PWTEFs are located on a lot
with buildings or structures already on it.
2.
Fencing and other safety devices. PWTFs and PWTEFs shall be
surrounded by security features, such as a fence, which prevent unauthorized
access. Other safety measures such as anti-climbing devices may be
considered by the board in accordance with applicable Federal U.S.
Department of Labor, Occupational Safety and Health Administration
standards and state building code requirements.
3.
Landscaping. Landscaping shall be provided along the perimeter
of the security fence to provide a visual screen or buffer for adjoining
private properties and the public right-of-way. Required front yard
setback areas shall be landscaped. All PWTEFs shall be screened by
an evergreen hedge eight to 10 feet in height at planting time and/or
a solid fence eight feet in height.
4.
Signs. Signs shall not be permitted except for signs displaying
owner contact information, warnings, equipment information, and safety
instructions. Such signs shall not exceed two square feet in area.
No commercial advertising shall be permitted on any PWTF or PWTEF.
5.
Color. PWTFs and PWTEFs shall be of a color appropriate to the
locational context and to make it as unobtrusive as possible, unless
otherwise required by the Federal Aviation Administration (FAA).
6.
Activity and access. All equipment shall be designed and automated
to the greatest extent possible in order to reduce the need for onsite
maintenance and thereby to minimize the need for vehicular trips to
and from the site. Access shall be from established site access points
whenever possible. Minimal off-street parking shall be permitted as
needed and as approved by the planning board.
7.
Dish antennas. Dish antennas shall be colored, camouflaged or
screened to make them as unobtrusive as possible and in no case shall
the diameter of a dish antenna exceed six feet.
8.
Lighting. No lighting is permitted except as follows:
(i)
PWTEFs enclosing electronic equipment may have
security and safety lighting at the entrance, provided that the light
is attached to the facility, is focused downward and is on timing
devices and/or sensors so that the light is turned off when not needed
for safety or security purposes; and
(ii)
No lighting is permitted on a PWTF except lighting
that specifically is required by the Federal Aviation Administration
(FAA), and any such required lighting shall be focused and shielded
to the greatest extent possible so as not to project towards adjacent
and nearby properties.
9.
Monopole. Any proposed new telecommunications tower shall be
a "monopole" unless the applicant can demonstrate that a different
type pole is necessary for the collocation of additional antennas
on the tower. Such towers may employ camouflage technology.
10.
Noise. No equipment shall be operated so as to
produce noise in excess of the limits set by the local noise ordinance,
except for in emergency situations requiring the use of a backup generator.
11.
Radio frequency emissions. The FTT gives the FCC
sole jurisdiction of the field of regulation of radio frequency (RF)
emission and PWTFs which meet the FCC standards shall not be conditioned
or denied on the basis of RF impacts. Applicants shall provide current
FCC information concerning PWTFs and radio frequency emission standards.
PWTFs shall be required to provide information on the projected power
density of the proposed facility and how this meets the FCC standards.
12.
Structural integrity. PWTFs must be constructed
to the Electronic Industries Association/Telecommunications Industries
Association EIA/TIA) 222 Revision F Standard entitled "Structural
Standards for Steel Antenna Towers and Antenna Supporting Structures"
(or equivalent), as it may be updated or amended.
13.
Maintenance. PWTFs shall be maintained to assure
their continued structural integrity. The owner of the PWTF shall
also perform such other maintenance of the structure and of the site
as to assure that it does not create a visual nuisance.
14.
PWTFs and PWTEFs, which are located on lands owned
by the Borough of Princeton shall be exempt from site plan review.
However, such facilities shall comply with the site design standards
and zoning requirements set forth in borough code section 17A-208(g)(2)b.
c.
Collocation policy. It is the policy of the Borough of Princeton
to minimize the number of PWTFs and to encourage the collocation of
antenna arrays of more than one wireless telecommunications service
provider on a single support tower.
1.
The municipal engineer shall maintain an inventory of existing
PWTF locations within or near the Princeton community.
2.
An applicant proposing a PWTF at a new location shall demonstrate
that it made a reasonable attempt to find a collocation site that
is technically feasible and that none was practically or economically
feasible and shall include in its design the opportunity for collocation
by others or explain why collocation is not feasible. Applications
within the fourth locational priority are exempt from this requirement.
3.
Each application for a PWTF shall be accompanied by a plan which
shall reference all existing PWTF locations in the applicant's Princeton
community inventory, any such facilities in the abutting towns which
provide service to areas within the Princeton community, any changes
proposed within the following twelve-month period, including plans
for new locations and the discontinuance or relocation of existing
facilities.
4.
Each application shall include a site location alternative analysis
describing the location of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs, and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(i)
How the proposed location of the PWTF relates to
the objective of providing full wireless communication services within
the Princeton community at the time full service is provided by the
applicant throughout the Princeton community.
(ii)
How the proposed location of the proposed PWTF
relates to the location of any existing antennas within and near the
Princeton community.
(iii)
How the proposed location of the proposed PWTF
relates to the anticipated need for additional antennas within and
near Princeton community by the applicant and, to the extent known,
by other providers of wireless communication services within the Princeton
community;
(iv)
How the proposed location of the proposed PWTF
relates to the objective of collocating the antennas of many different
providers of wireless communication services on the same PWTF. Applications
within the fourth locational priority are exempt from this requirement;
and
(v)
How its plan specifically relates to and is coordinated
with the needs of all other providers, to the extent known, of wireless
communication services within the Princeton community.
(vi)
The planning board may retain technical consultants
as it deems necessary to provide assistance in the review of the site
location alternatives analysis. The service provider shall bear the
reasonable cost associated with such consultation, which cost shall
be deposited in accordance with Princeton's escrow provisions.
[Ord. No. 77-1, § 2]
The board of adjustment may authorize, as a decision upon a
special question, minor exceptions to the yard, coverage and other
bulk regulations of this chapter, not including the regulations prescribing
the maximum floor area ratio and minimum lot area, in connection with
an existing building lawfully erected before more restrictive regulations
were in effect, in such situations as the following and in other situations
which are essentially similar:
(a)
Minor adjustments in the yard and coverage regulations, to allow
an appropriate addition to such an existing building.
(b)
Minor adjustments in the requirements for the minimum distance
between such an existing principal building and an accessory building.
The board of adjustment may similarly allow on a temporary basis
the installation within a one-family dwelling of additional minor
cooking and food preparation facilities, elsewhere than in the kitchen
area, for the exclusive use of immediate relatives of the principal
occupant of the one-family dwelling, which relatives are living in
the one-family dwelling. Such temporary allowances shall be for periods
of not more than five years and shall be renewable thereafter.
Authorization of such minor adjustments shall be subject to
the standards set forth in section 17A-208. The board may prescribe
such appropriate conditions and safeguards as may be required in order
that the result of its action may, to the maximum extent possible,
further the expressed intent of this article.
[Ord. No. 77-1, § 1; Ord. No. 80-24, § 2; Ord. No. 97-2, § I]
The board of adjustment, as a decision upon a special question,
may authorize not more than two stories of additional height for multiple
dwelling in an RO district and not more than one story of additional
height for multiple dwellings and joint occupancy buildings in a CB
district. Said additional height, however, shall not permit the dwelling
to exceed a total height of 65 feet and the board may authorize an
increase in floor area and floor area ratio from 1.5 to 2.5 for joint
occupancy buildings in a CB district, provided, that the board makes
the following special findings as it pertains to the additional height
and/or increased floor area and floor area ratio request before it:
(a)
That such additional height is necessary in order to make it
possible to provide, for residents and for persons working in the
borough area, low rent or moderate rent housing, which is not otherwise
available in adequate quantity.
(b)
That the proposed buildings are part of the master plan, approved
by the planning board, for the development of the area, and that with
such additional height it will be possible to provide more open space
and a more attractive plan for the area.
(c)
That such plan is designed to bring together, rather than to
separate, the central business area and adjoining residential areas.
(d)
That no such higher building will be located within 100 feet
of a residence district.
(e)
That for additional floor area and floor area ratio, such additional
floor area is for residential purposes and the resulting floor area
ratio shall not exceed 2.5 overall and shall in no case exceed 1.5
for the nonresidential portion of joint occupancy buildings.
[Ord. No. 77-1, § 2.]
The board of adjustment, as a decision upon a special question,
may authorize on a temporary basis, for a period not to exceed one
year, nonconforming uses or buildings accessory to construction on
a lot; provided that such authorization shall be conditional upon
written agreement by the owner to discontinue such use and to remove
such building at the expiration of the authorization.
[Ord. No. 77-1, § 2.]
In cases involving an application to the planning board for
a subdivision, site plan or conditional use approval, and also involving
a related application to the board of adjustment for a hardship variance
that is not within the planning board's jurisdiction, the board of
adjustment may condition any grant of the hardship variance upon the
planning board's approval of the subdivision, site plan or conditional
use.
[Ord. No. 77-1, § 2; Ord. No. 2008-07, § IV.]
Where the implementation of a variance or a conditional use
requires the obtaining of a construction permit, such variance or
conditional use shall expire 12 months after the date of the granting
or approval thereof unless within such period the construction permit
shall be obtained. Should the appellant or applicant fail to obtain
the construction permit within such time, the municipal agency that
granted such variance or approved such conditional use may authorize
for good cause shown and in an appropriate case not more than one
twelve-month extension of the period for the obtaining of such construction
permit.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 3; Ord. No. 97-2, § I; Ord. No. 2008-07, § V.]
(a)
Zoning permits shall be secured from the development enforcement
officer, in cases not involving approvals by the board of adjustment
or planning board of an application for development, prior to the
conversion of the existing use of any land or building or part thereof
and prior to the construction, erection or alteration:
(c)
A plot plan shall be submitted with the zoning permit request
for one or two family dwelling. Zoning requests not described above
shall be considered a standard zoning permit. The fee pursuant to
section 17A-36 is also required.
[Ord. No. 77-1, § 2.]
All requests for zoning permits shall be made in writing by
the owner or his authorized agent and shall include a statement of
the use or intended use of the building, structure, land or the part
thereof that is involved, and shall be accompanied, among other things
which the board of adjustment, planning board or development enforcement
officer may require, by a plan and elevation of the building and a
plot plan drawn to scale, showing the proposed building in its exact
relation to lot and street lines and, by evidence satisfactory to
the development enforcement officer, that the lines of the bounding
streets have been accurately located and staked on the ground.
[Ord. No. 77-1, § 2.]
The zoning permit application and all supporting documentation
shall be made in duplicate. On the issuance of a zoning permit, the
development enforcement officer shall return one copy of all filed
documents to the applicant.
[Ord. No. 77-1, § 2]
No zoning permit shall be issued for the construction or alteration
of any building upon a lot without access to a street except in an
E2 district when the entire subject building is located more than
150 feet from a public street.
[Ord. No. 77-1, § 2]
The development enforcement officer shall, within 30 days after
the filing of a complete and properly prepared application, either
issue or deny a zoning permit. If a zoning permit is denied, the development
enforcement officer shall state in writing to the applicant the reasons
for such denial.
Editor's Note: N.J.S.A. 40:55D-18 states: "The administrative
officer shall issue or deny a zoning permit within 10 business days
of receipt of a request therefor."
[Ord. No. 77-1, § 2; Ord. No. 2008-07, § VI]
Every zoning permit shall expire if the work authorized has
not been commenced within 12 months after the date of issuance or
has not been completed within two years from such date. The development
enforcement officer may, for cause, authorize in writing one permit
extension of 12 additional months for the commencement of the work
and one permit extension of two additional years for the completion
of work actually under way, upon the payment in each case of a of
the appropriate fee per section 17A-36; provided, that in the interim
since the issuance of the permit, no zoning amendment or other code
or regulation affecting the subject property shall have been enacted
and that there is pending no published notice of a public hearing
or other procedure directed toward such an amendment, code or regulation.
When no further extension can be granted, application may be made
for a new permit.
[Ord. No. 77-1, § 2]
As soon as the foundation of a building or of any addition on
an existing building for which a zoning permit is issued is completed,
and before first story framing or wall construction is begun, there
shall be filed with the development enforcement officer a certified
survey prepared by a licensed surveyor, showing the exact location
of such foundation with respect to the street lines and lot lines
of the lot.
[Ord. No. 77-1, § 2]
A zoning certificate of occupancy shall be deemed to authorize,
and is required for both initial and continued occupancy and use of
a building or land for which a zoning permit is required.
[Ord. No. 77-1, § 2; Ord. No. 2008-07, § VII.]
In any case in which a zoning permit is required, no building
or part of a building erected, structurally altered or moved shall
be occupied or used, in whole or in part, and no change in the use
of an existing building or of land, or of any part thereof, shall
be lawful, until a zoning certificate of occupancy shall have been
applied for and issued by the development enforcement officer. In
the case of a zoning certificate of occupancy request for a new dwelling
unit, a certificate of approval shall be first obtained from the borough
engineer prior to issuance of the zoning certificate of occupancy
by the development enforcement officer.
[Ord. No. 77-1, § 2.]
Application for a zoning certificate of occupancy shall be made
on a form furnished by the development enforcement officer. Such permit
shall be issued upon request where no work is involved or within 10
days after a written request for inspection of the completed work
where work is involved, but only if all requirements of this chapter
and other applicable laws, ordinances or codes are complied with.
[Ord. No. 77-1, § 2.]
No zoning certificate of occupancy shall be issued until after
the completion of all parking spaces, access facilities and landscape
planting required by this chapter. Where, by reason of adverse weather
conditions, it is impractical to complete the parking spaces, access
facilities and landscape planting the zoning certificate of occupancy
may be issued upon the posting of a performance guarantee, which shall
run for a period not to exceed six months and shall otherwise be subject
to the provisions of section 17A-137.
[Ord. No. 77-1, § 2]
(a)
If a proposed use is one for which a zoning permit is required
and is in conformity with the provisions of this chapter and of all
other applicable laws and ordinances in effect, a zoning certificate
of occupancy for the use of vacant land or for a change of use of
nonconforming use shall be issued by the development enforcement officer.
(b)
Upon written request by the owner, and after examination of
all factual information to be supplied by the owner and inspection
of the building, the development enforcement officer shall issue a
zoning certificate of occupancy for any legally existing building
or use thereof, or of land existing on November 19, 1968, or at the
time of adoption of any applicable amendments to this article, certifying
such use, whether or not such use or building conforms to the provisions
of this article.
(c)
If a zoning certificate of occupancy is denied, the development
enforcement officer shall state in writing the reasons for such denial.
[Ord. No. 77-1, § 2.]
Every zoning certificate of occupancy shall state that the building
or the proposed use of land complies with all provisions of this chapter
and all other applicable laws or ordinances of the borough.
