Chapter 16A adopted February 20, 2007, and as revised by
the Borough through February 27, 2017. Subsequent amendments noted
where applicable.
Except as herein otherwise provided:
A. No building shall be erected and no existing building shall be moved,
altered, added to or enlarged, nor shall any land or building be designed,
used, or intended to be used for any purpose or in any manner other
than as specified among the uses hereinafter listed as permitted in
the zone in which such building or land is located.
B. No building shall be erected, no existing buildings shall be altered,
enlarged or rebuilt, nor shall any open space surrounding any building
be encroached upon or reduced in any manner, except in conformity
to the yard, lot area, and building location regulations hereinafter
designated for the zone in which such building or open space is located.
Except that existing non-conforming front porches that are less than
40 square feet in size can be covered with a roof, but not enclosed.
C. No off-street parking area, loading or unloading area provided to
meet the minimum off-street parking, loading or unloading requirements
for one use or structure, shall be considered as providing off-street
parking, loading, unloading area for a use or structure on any other
lot, unless specifically permitted elsewhere in this chapter.
D. No subdivision may be approved unless each lot contained in said
subdivision complies with all the requirements of the zone in which
said lot is located, or unless a variance has been granted therefrom.
E. No use shall be considered a permitted use or a conditional use in
a zone district unless included as such in the particular zone district.
A. Every principal building shall be built upon a lot with frontage
upon a public street improved to meet the Borough requirements or
for which such improvement has been guaranteed by the posting of a
performance guarantee pursuant to this chapter unless relief has been
granted under the provisions of N.J.S.A. 40:55D-36.
B. Where a building lot has frontage on a street, which the Master Plan
or the Official Map of the Borough indicates is proposed for right-of-way
widening, the required front yard setback shall be measured from such
proposed right-of-way line.
A. No yard or other open space provided around any building for the
purpose of complying with the provisions of this chapter, shall be
considered as providing a yard or open space for any other buildings,
and no yard or other open space on one lot shall be considered as
providing a yard or open space for a building on any other lot.
B. All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirements for the zone
in which located, except as otherwise provided in this chapter.
C. Every part of a required yard shall be open and unobstructed from
its lowest level to the sky, except for the ordinary projections allowed
by the State Uniform Construction Code including, but not limited
to, sills, belt courses, chimneys, flues, buttresses, ornamental features,
and eaves, provided, however, that none of the aforesaid projections
shall project into the minimum required yards more than 24 inches,
unless otherwise permitted by this chapter. Unroofed entrance porches
or terraces which do not rise above the height of the floor level
of the ground floor, may extend into any yard providing the total
area of all such porches, which extend into such yards, does not exceed
1,000 square feet.
A. On all corner lots, the depth of all yards abutting on streets, shall
not be less than the minimum front yard depth required on all adjoining
interior lots fronting on such street.
B. Where the corner lot abuts interior lots located in an adjoining
zone having lesser front setback requirements, buildings may assume
the minimum front setback dimension of the adjoining zone only if
the adjoining zone is immediately adjacent and contiguous to the property
and the proposed building is to be situated within 100 feet of said
adjacent zone.
C. Lot lines of corner lots, that are coexistent with side lines of
abutting lots, shall be considered side lines.
D. Lot lines of corner lots, that are coexistent with rear lines of
adjoining lots, shall be considered rear lines.
E. Lot lines of corner lots, that are coexistent with lot lines of adjoining
corner lots, shall be considered side lines.
Unless more stringent regulations are provided by other provisions
of this chapter, at the intersection of two or more local streets,
no hedge, fence, screening strip or wall higher than 30 inches above
curb level, nor any obstruction to vision, other than a post not exceeding
one foot in diameter, shall be permitted on any lot within the triangular
area formed by two intersecting street lines bounding said lot, or
the projection of such lines, and by a line connecting a point, on
each street line located 25 feet from the intersection of the street
lines.
[Amended 5-8-2023 by Ord. No. 866-23]
Unless otherwise specified in this chapter, accessory structures
shall conform to the following regulations as to their locations on
the lot.
A. An accessory structure attached to a principal structure shall comply
in all respects with the yard requirements of this chapter for the
principal structure. Detached accessory structures shall be located
in other than a front yard, and if located in a side or rear yard
area shall be setback as provided in Article 10 of the ordinance from
all lot lines, except that one storage shed containing 100 square
feet or less of floor area and not more than 12 feet in height measured
from the existing finished grade may be located not less than eight
feet from any side or rear lot line.
B. Accessory structures shall not exceed 16 feet in height.
C. Accessory structures shall not exceed 150 square feet in size, except
free standing garages, which may not exceed 600 square feet in size.
D. A detached accessory structure, in any residential zone, shall be
at least five feet from the principal structure and any other accessory
structure.
E. No accessory building shall be used for residence purposes.
F. Air conditioners and condenser units shall be allowed three feet
of the principal structure and at least 15 feet from the property
line, except that the distance to the property line can be reduced
to as little as eight feet if a sound absorption/reduction system
to determine noise levels is installed.
Any lot utilized for single family detached dwelling purposes
shall not contain more than one principal building.
Wherever feasible all of the following shall be preserved in
its natural state:
B. Areas containing a significant number of specimen trees determined
by the Environmental Commission.
C. Existing water courses, ponds, marshes and swamps.
D. Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated
on wetlands maps prepared by the New Jersey Department of Environmental
Protection.
E. Wetlands as defined in Chapter
19 of the Revised General Ordinances of the Borough of Little Silver.
Whenever a person acquires title to the land under water adjacent
to his property by virture of a riparian grant from the State of New
Jersey, then the grant area shall automatically be zoned the same
as the upland property adjacent to the grant, provided, however, that
any part of this grant not filled, graded and stabilized pursuant
to a valid construction permit, shall not be applicable to meeting
the minimum lot area for the governing zone.
Where applicable, the Planning Board shall require as a condition
of site plan approval, that the owner convey to the Borough, drainage
easements, conservation easements, sight easements and/or shade tree
and utility easements which may be required.
Solid wastes from single-family dwelling when outdoors, shall
be placed in metal or plastic receptacles with tight fitting covers.
Such receptacles shall not be stored or placed within any front yard
area prior to the time at which solid wastes are permitted to be placed
at the curb lines for collection. Such receptacles may be stored in
either the rear or side yard areas, but if stored within a side yard
area, they shall be screened from view of adjoining properties and
street areas with planting or fencing.
The dumping of refuse, waste material or other substances is
prohibited in all districts within the Borough.
Outdoor storage of materials shall be prohibited in any District
within the Borough except for the following conditions:
A. Construction of a permanent storage structure to be erected on the
premises with a building permit and any Planning Board approvals that
may be required.
B. Use of a temporary/portable structure can be located in the driveway
or sideyard of the premises for a maximum of 90 days upon the issuance
of a permit from the Borough Zoning Officer. The maximum size of a
temporary/portable structure shall be eight feet in height, 10 feet
in width and 20 feet in length.
A. Retail and/or wholesale business uses shall not display goods for
sale, including motor vehicles, outdoors except in accordance with
a site plan approved by the Planning Board.
B. Such outdoor displays shall only be permitted where the goods displayed
are the merchandise of a business enclosed within a structure located
on the site, unless in accordance with a permit or other approval
issued therefore by the Borough Council. Uses such as flea markets
where two or more concessionaires, proprietors or businesses display
goods for sale out of doors shall not be permitted in any zone within
the Borough.
C. Coin-operated vending machines shall not be located further than
two feet from a related business structure.
D. Goods-for sale, displayed or stored outdoors, shall not be located
closer than 25 feet to any street right-of-way or 15 feet to any side
or rear line, except in conjunction with temporary sidewalk or other
types of outdoor sales.
The exterior elevations shall be arranged and outer walls of
non-residential buildings shall be faced with materials approved by
the Planning Board in conjunction with site plan approval. The architecture
of all buildings shall be compatible with structures on adjacent lands
and in the neighborhood.
The outdoor storage of an unoccupied Recreational vehicle, motor
homes, travel trailer, camper or small boat shall be permitted on
single-family properties provided that:
A. Such storage shall not be located in any front yard.
B. Only one such travel trailer, recreational vehicle, camper, boat,
motor home or camper shall be permitted to be stored outdoors at any
single-family residence.
C. Any such vehicles stored in accordance with this section shall not
be occupied and shall not be provided with utility connections. Any
such vehicle shall not be stored outdoors for more than 180 days.
A. No commercial motor vehicle or trailer having a rated maximum gross
vehicle weight (GVW) in excess of 12,000 pounds or having more than
two axles, shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
B. Not more than one motor vehicle with commercial motor vehicle registration,
having a rated maximum gross vehicle weight (GVW) of 12,000 pounds
or less shall be parked or stored overnight on any occupied property
which is primarily used for residential purposes or on any vacant
property in a residentially zoned area, except for vehicles engaged
in construction, parked or stored on an active construction site.
This provision shall not apply to passenger automobiles with commercial
motor vehicle registration.
C. No commercial vehicle having advertising in excess of three square
feet per each side of the vehicle shall be parked or stored overnight
on any occupied property which is primarily used for residential purposes
or on any vacant property in a residentially zoned area, except for
vehicles engaged in construction, parked or stored on an active construction
site.
No building, structure or use shall be permitted within areas
defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated
on the wetlands maps prepared by the New Jersey Department of Environmental
Protection, except in accordance with a permit issued under the Act.
No building, structure or use shall be permitted within areas defined as wetlands in Chapter
19 of the revised General Ordinance of the Borough of Little Silver, except in accordance with a permit issued under that Chapter.
A. The provisions of this section shall apply to all radio and television
antennas, including dishantennas for satellite television reception,
herein referred to as dish antennas.
B. A free-standing antenna shall be a permitted accessory use in all
zones, provided that the lot on which it is located contains a principal
structure.
C. Free-standing antennas shall not be placed in the front yard, and
shall meet side and rear yard set-back standards for an accessory
building for the zone in which the antenna is located.
D. Procedure. Any property owner shall, prior to the placement of a
free-standing antenna not attached to a building, submit to the Construction
Code Official, a plan showing the size of the antenna, the proposed
location of same on the subject premises, and any other information
as may be required herein.
E. Plan Details. The plan shall be drawn on a map to a scale not smaller
than one inch equals 40 feet and not larger than one inch equals 10
feet and include and show the following information:
1. The name and address of the applicant and the name and address of
the property owner; the name, address and title of the person preparing
the plan; the date of preparation and the dates of each plan revision.
2. An appropriate place for the signature of the Construction Code Official.
3. The lot and block number(s) from the Borough Tax Map; the length
and bearings of the lot liens; and the location of the proposed project.
4. All existing buildings and structure and all accessory buildings
and structures on the lot and the location and set-back dimensions
of the proposed antenna.
5. Existing and proposed screening.
6. Any and all other information necessary to meet any other requirements
of this chapter not listed above.
F. Regulations.
1. Dish antennas shall be free standing ground-mounted only.
2. Power control and signal cables from a dish antenna to the served
structure shall be buried underground and installed in accordance
with the appropriate electrical and building codes.
3. Antennas shall be screened to minimize visibility from the street
and adjacent properties.
G. Design Standards.
1. The diameter of a dish antenna shall not exceed 12 feet.
2. A dish antenna shall be erected on a secure ground-mounted foundation
in accordance with appropriate building codes.
3. The overall height from the ground level to the highest point of
a dish antenna, including support structures, shall not exceed 12
feet.
4. Free-standing antennas over 20 feet in height or antennas extending
20 feet above the point of attachment to a building shall be built
to withstand winds of 60 miles per hour.
All development within the Borough shall conform to the regulations of Chapter
24, Flood Damage Prevention of the revised General Ordinances of the Borough of Little Silver.
As a condition of approval and the continuance of any use, occupancy
of any structure, and operation of any process or equipment, the applicant
shall supply evidence, satisfactory to the Planning Board or its designated
representative, that the proposed use structure, process, or equipment
will conform fully with all of the applicable performance standards.
As evidence of compliance, the Board may require certification of
tests by appropriate government agencies or by recognized testing
laboratories, any costs thereof to be borne by the applicant. The
Planning Board may require that specific types of equipment, machinery
or devices be installed, or that specific operating procedures or
methods be followed if the government agencies or testing laboratories
examine the proposed operating, shall determine that the use of such
specific types of machinery, equipment, devices, procedures of methods
are required in order to assure compliance with the applicable performance
standards. Permits and certificates required by other government agencies
shall be submitted to the Planning Board as proof of compliance with
applicable codes.
The Planning Board and/or Governing Body may require that instruments
and/or other devices, or professional reports or laboratory analysis
be used to determine compliance with the following performance standards
for an existing or proposed use and the cost thereof shall be borne
by the owner, applicant or specific use in question.
A. Conditional Permit. In the event a determination cannot be made at
the time of application that a proposed use, process or piece of equipment
will meet the standards established in this section, the Planning
Board may issue or may recommend issuance of a conditional permit.
The conditional permit would be based on submission of evidence that
the proposed use, process or equipment will meet the standards established
herein after completion or installation and operation. Within 30 days
after a conditional permit is granted, a certificate of occupancy
shall be applied for and satisfactory evidence submitted that all
standards established by this section have been met.
B. Noise. Any noise produced on the premises shall not be in excess
of the standards listed below when measured at any property line of
the lot on which the use is located:
Frequency Based Cycles Per Second
|
Sound Pressure Level Decibels re 0.0002 dyne/cm 2
|
---|
20 - 75
|
69
|
75 - 150
|
54
|
150 - 300
|
47
|
300 - 600
|
41
|
600 - 1,200
|
37
|
1,200 - 2,400
|
34
|
2,400 - 4,800
|
31
|
4,800 - 10,000
|
28
|
If the noise is not smooth and continuous, but is of an impulsive
or periodic character, the decibel levels indicated above shall be
reduced by 15%.
|
C. Air Pollution. No substance shall be emitted into the atmosphere
in quantities, which are injurious to human, plant or animal life
or to property, or which will interfere unreasonably with the comfortable
enjoyment of life and property anywhere in the Borough. All provisions
of the New Jersey Air Pollution Control Code, as amended and as augmented
and all the following provisions stated whichever shall be more stringent,
shall be complied with.
1. Smoke. In any non-residential zone, no smoke, the shade or appearance
of which is darker than No. 1 of the Ringelmann Smoke Chart, shall
be emitted into the open air from any fuel burning equipment, provided,
however, that smoke emitted during the cleaning of a fire box or the
building of a new fire, the shade or appearance of which is not darker
than No. 2 of the Ringelman Smoke Chart, may be permitted for a period
or periods aggregating no more than three minutes in any 30 consecutive
minutes.
2. Solid Particles.
a.
In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 50% of the allowable emission in pounds per hour established by Chapters
7 and
8 of the New Jersey Air Pollution Control Code.
b.
In any other zone, except the industrial zone, the allowable
discharge, shall be 75% of the allowable emission permitted by the
New Jersey Air Pollution Control Code.
c.
In the industrial zone, the allowable discharge shall be the
allowable emission permitted by the New Jersey Air Pollution Control
Code.
d.
No open burning shall be permitted in any zone.
e.
All incinerators shall be approved by the State Department of
Environmental Protection.
f.
Any road, parking area, driveway, truck loading or unloading
station, or any other exterior area having a substantial movement
of vehicles or equipment shall be paved or otherwise stabilized during
construction sufficient to prevent the generation of dust from the
movement of such vehicles or equipment.
3. Odors. In any zone, no odorous material may be emitted into the atmosphere
in quantities sufficient to be detected without instruments. Any process,
which may involve the creation or emission of any odors, shall be
provided with a secondary safeguard system, so than control will be
maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds
for S3 Commercial Chemicals) of "Research en Chemical Odors," copyrighted
October, 1963 by the Manufacturing Chemists Association, Inc., Washington,
D.C., shall be used as a guide in determining quantities of offensive
odors.
D. Liquid Waste. No liquid waste shall be discharged in any water course
or sewage collection and disposal system, except in accordance with
plans approved by the Two Rivers Water Reclamation Authority and,
where required, by the New Jersey Department of Environmental Protection.
E. Solid Waste. All uses in the Borough shall:
1. Assume full responsibility for adequate and regular collection and
removal of all refuse, except if the municipality assumes the responsibility.
2. Comply with all applicable provisions of the Air Pollution Control
Code.
3. Comply with all provisions of the State Sanitary Code, Chapter
8, "Refuse Disposal", Public Health Council of the State Department of Environmental Protection.
4. Permit no accumulation on the property of any solid waste, junk,
or other objectional materials.
5. Not engage in any sanitary landfill operation on the property, except
as may be permitted by other Borough Codes and Ordinances.
F. Radiation. All use of materials, equipment or facilities, which are
or may be sources of radiation, shall comply with all controls, standards
and requirements of the Atomic Energy Act of 1954, as amended and
any codes, rules or regulations promulgated under such act, as well
as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended,
whichever shall be more stringent.
G. Fire and Explosion Hazards. If it appears that any proposed use,
structure, processor resulting product or material may constitute
a fire or explosion hazard, the Planning Board may require the applicant
to supply proof of approval of the use, structure, process or resulting
product or material from the State Department of Labor and Industry,
indicating that adequate safeguards against fire and explosion have
been or will be taken or installed.
H. No activity shall be maintained on the premises, which will produce
heat or glare beyond the property line.
I. No machinery or operation shall be permitted, which shall cause perceptible
earth-shaking vibration beyond the property lines of the lot on which
the use is located.
J. Storage of Flammable Material. The storage of all flammable and combustible
liquids and gases shall be subject to the following regulations:
1. The storage of fuel oil in above ground tanks of a capacity greater
than 275 gallons, or a capacity greater than 10 gallons within structures
shall be prohibited in residential areas or in connection with residential
uses (gallonage shall be determined by water capacity measurement).
2. The above ground storage of any other flammable liquids or materials
in tanks of a capacity greater than five gallons of combustible liquids
or materials greater than 60 gallons and all underground storage of
any other flammable or combustible liquids or materials, including
dispensing equipment, shall be prohibited in residential areas (gallonage
shall be determined by water capacity measurement).
3. The storage of liquefied petroleum gases or other types of bottled
gas, supplied or delivered for residential consumption, shall be limited
to a tank or tanks with a combined equivalent water capacity of 500
gallons for each residential dwelling or structure serviced.
4. All installations of storage tanks for liquefied petroleum gas or
other types of bottled gas with a combined equivalent water capacity
in excess of 1,200 gallons shall comply with the requirements of the
Fire Prevention Code, and all installations of storage tanks for liquefied
petroleum gas or other types of bottled gas with a combined equivalent
water capacity in excess of 4,000 gallons shall be prohibited in areas
not served by a public water main and fire hydrants complying with
the requirements of the Fire Prevention Code. The bulk storage, processing
or manufacturing of liquefied petroleum gas or other types of bottled
gas or facilities therefore shall not be permitted in any residential
zone.
5. All installations of flammable or combustible liquids, compressed
gases or other hazardous fuels shall comply with the requirements
of the Fire Prevention Code and amendments thereto.
K. Fire Resistant Construction. All new construction and additions shall
be fire resistant construction in accordance with the requirements
of the State Uniform Construction Code.
L. Lighting and Illumination. Artificial lighting or illumination provided
on any property or by any use shall adhere to the following standards:
1. The illumination provided by artificial lighting on the property
shall not exceed 0.5 foot candles beyond any property line.
2. Spotlights or other types of artificial lighting, that provides a
concentrated beam of light, shall be so directed that the beam of
light does not extend beyond any property lines.
3. Spotlights or other types of artificial lighting used to illuminate
signs or building faces shall not emit beams of light that extend
beyond the vertical plane of the sign or building face that they illuminate
and shall not be located in such a manner as to cause the beams of
light to be reflected upon any adjoining property, public street or
vehicular circulation area.
It shall be the responsibility of every property owner, tenant,
developer and applicant to maintain in a safe and orderly condition,
all buildings and land in the Borough which they own, use, occupy
or have maintenance responsibility for in accordance with the following
regulations:
A. Maintenance of all land uses within the Borough shall include, but
is not limited to, the following:
1. Potholes and other pavement failures within paved parking areas shall
be repaired on a regular basis, but in no event shall potholes or
pavement failures be left unrepaired for a period in excess of 30
days. If such potholes or pavement failures are hazardous to vehicles,
they shall be appropriately barricaded and marked to warn motorists.
2. Paint striping, traffic control signs and markings, and all other
signs and graphics shall be maintained in a condition whereby they
can be clearly seen and are legible.
3. Curbing, other pavement edging and sidewalks shall be maintained
free of cracks and holes which would present a hazard to pedestrians
or are unsightly.
4. Unpaved or gravel parking and pedestrian areas shall be maintained
and regularly regraded in a manner which will keep the area free of
holes and other severe grade changes which would be hazardous to vehicular
and pedestrian usage.
5. All areas of the site shall be kept free of debris and other materials.
All users of shopping carts or similar items shall provide for the
regular pickup of such shopping carts or similar items from parking
areas and other portions of the site at least once every hour during
their business hours. All shopping carts or similar items shall either
be stored indoors or in a location adjacent to the building specifically
set aside for such-storage during nonbusiness hours. Shopping carts
shall be marked with the name of the establishment, title and telephone
number of person responsible for maintenance of the shopping carts,
and a notice that they are not to be removed from the property on
which the business is located. If shopping carts are removed from
the property and abandoned, they shall be picked up by the business
to which the cart belongs within 24 hours of notice from the Borough.
Failure to pick up such shopping carts within 24 hours of notice shall
be a violation of this chapter, subject to the penalties prescribed
herein.
6. All plantings and ground cover shall be regularly watered and cut.
All dead plant materials shall be removed or replaced (if such plantings
are required under this Article, they shall be replaced only). All
lawn or other non-paved areas shall be kept trimmed and free from
weeds and other noxious growth.
7. Building finishes shall be maintained reasonably free of peeling
or cracked paint, rust or other unsightly conditions.
8. All refuse stored outdoors shall be kept within containers having
lids, in a manner that the refuse is not visible to pedestrians or
persons within vehicles on or off the site. Such containers shall
be stored only within side or rear yard areas and shall not be located
to interfere with vehicular or pedestrian circulation.
9. All outdoor lighting shall be maintained in a working condition.
10.
Any improvements within the Borough Right-of-Way shall require an application and escrow fee in accordance with Section
16A-3.4 for review and approval of the improvements by the Borough Engineer.
B. All land uses for which future development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect, shall be required to maintain all structures and improvements shown on the approved site plan or subdivision in a safe and orderly condition. In addition to the maintenance responsibilities specified in Section
16A-5.24A above, additional maintenance responsibilities shall include, but are not limited to, the following:
1. All ground cover and plantings within screening and landscaping areas
shown on an approved site plan or subdivision shall be regularly maintained.
When plant material shown on an approved site plan or subdivision
dies, it shall be replaced within the first 30 days of the next planting
season.
2. Where a site plan specified an outdoor refuse storage area, refuse
shall only be stored outdoors in such area. Refuse containers located
elsewhere on the site shall not be permitted.
C. Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be in violation of this chapter subject to the penalties prescribed in Section
16A-3.10 of this chapter.
Above ground storage tanks not exceeding 275 gallons capacity
shall be permitted on single family residential properties provided
that:
A. Above ground storage tanks are located in the rear yard only.
B. Only one such above ground tank shall be permitted on any single
family residential property.
C. Any such tanks placed in accordance with this section shall be completely
screened from view with a fence and/or landscaping.
D. A plan showing the location and screening shall be approved by the
Zoning Officer prior to placement of any above ground tanks.
Except as otherwise specified in this chapter, decks shall conform
to the following regulations as to their locations on the lot.
A. A deck attached to the principal structure in a residential zone which has a finished floor elevation not exceeding three feet in height as measured from the existing finished grade at the foundation of the principal structure shall meet all requirements as provided in Article
X, except the lot area and lot frontage requirements for the zone in which it is located.
B. All decks shall be constructed with a wooden lattice work or other
substantial visual barrier which screens the support structure from
view.
Except as otherwise specified in this chapter additions to principle
buildings shall conform to the following regulations as to their location
on the lot:
A. All expansions, alterations and additions to principal structures shall comply with the yard and building requirements for the zone in which they are located in accordance with the provision of Article
X, except one story additions with an overall height of 16 feet or less in which all existing and proposed structures are conforming as to setbacks, lot coverage, building height, impervious surface and habitable ground floor coverage, may be located within a residential zone without regard for the lot area and/or lot frontage requirements.
[Added 5-7-2018 by Ord. No. 805-18; amended 12-20-2021 by Ord. No.
848-21; 12-6-2021 by Ord. No. 848-21]
A. Purpose. The purpose and intent of this section is to:
1. Establish a local policy concerning Telecommunications Facilities,
including Small Cell Equipment and Wireless Poles.
2. Conserve the limited physical capacity of the public rights-of-way
held in public trust by the Borough and the County.
3. Assure that any and all Telecommunications Carriers providing Telecommunications
Services in the Borough through Telecommunications Facilities, including
but not limited to Small Cell Equipment and Wireless Poles, comply
with the laws, rules and regulations of the Borough.
4. Assure that the Borough can continue to fairly and responsibly protect
the public health, safety and welfare.
5. Enable the Borough to discharge its public trust consistent with
rapidly evolving federal and state regulatory policies, industry competition,
and technological development.
B. Permitted Zones and Use for Telecommunications Facilities.
Placement of Telecommunications Facilities, except for wireless
poles existing in the Borough or County Right-of-Ways, shall be limited
to placements within the boundaries of Zoning District MP-1 as shown
on the Official Zoning Map of the Borough of Little Silver.
Telecommunications Facilities, except for wireless poles existing in the Borough or County rights-of-way, shall be a Conditional Use within the MP-1, and subject to all applicable local and state requirements for conditional use approval, including the required notice as specified in Section
16A-5.28J.
The following regulations apply to the installation of any new
Telecommunication Facilities:
1. Any new Telecommunication Carriers proposing new Telecommunication
Facilities within the Borough must provide an overall system layout
plan for the entire Borough. The plan must identify all of the required
wireless pole locations, heights, and diameter.
2. Any new wireless poles required to support the new Telecommunication
Service must be spaced no close than 900 feet apart. Any waiver of
the spacing will require the Telecommunication Carrier to provide
design data supporting any spacing of the wireless poles at a distance
of less than 900 feet.
3. All new wireless poles must be of a height to accommodate colocation
with at least two other Telecommunication Carriers.
4. All new Telecommunication Facilities to be installed at or near high
traffic intersections must be installed below ground (i.e., Branch
Road and White Road, Branch Road and Rumson Road, Branch Road and
Sycamore Road).
5. All new Telecommunication Facilities to be installed in the B-1 district
on Prospect Avenue (between the Borough Hall and Kings Road), which
is a high traffic area, must be installed below ground.
C. Small Cell Facility Siting License.
The following shall apply to applications for all Small Cell
Facilities and Wireless Poles:
1. Any Telecommunications Carrier who desires to construct, install,
operate, maintain, or otherwise locate Small Cell Facilities within
the Borough, including on any public right-of-way, for the purpose
of providing Telecommunications Services to persons and areas inside
or outside the Borough shall first obtain a siting license from the
Borough in accordance with this section.
2. For purposes of this section, the construction, installation, operation,
maintenance or location of Telecommunications Facilities includes
the Colocation with any Telecommunications Facility.
3. A Telecommunications Carrier who is issued a siting license pursuant
to this section who wishes to add, supplement, or modify the Telecommunications
Facility for which the siting license was previously granted shall
be required to obtain a new siting license in accordance with the
procedures established by this section.
4. No application to construct a new wireless Telecommunication Service
Facility shall be approved unless the applicant demonstrates to the
reasonable satisfaction of the Borough that no existing personal wireless
Telecommunication Service Facility within a reasonable distance, regardless
of municipal boundaries, can accommodate the applicant's needs. Evidence
submitted to demonstrate that no existing personal wireless Telecommunication
Service Facility can accommodate the applicant's proposed facility
shall consist of one or more of the following:
a.
No existing Telecommunications Facilities are located within
the geographic area required to meet the applicant's coverage demands.
b.
Existing Telecommunications Facilities are not of sufficient
height to meet the applicant's coverage demands and cannot be extended
to such height.
c.
Existing Telecommunications Facilities do not have sufficient
structural strength to support applicant's proposed antenna and related
equipment.
d.
Existing Telecommunications Facilities do not have adequate
space on which proposed equipment can be placed so it can function
effectively and reasonably.
e.
The applicant's proposed antenna would cause electromagnetic
interference with the antennas on the existing s facility, or the
antennas on the existing facility would cause interference with the
applicant's proposed antenna.
f.
The applicant demonstrates that there are other compelling limiting
factors, including but not limited to economic factors, that render
existing facilities or structures unsuitable.
5. Upon approval of a siting license application, the siting license
authorizing placement of a Small Wireless Facility in a public right-of-way
shall not be issued by the Borough Clerk to any applicant unless:
a.
All siting license application fees and escrow fees, as established
herein, have been paid; and
b.
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's siting license application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-1 19, et. seq., and the administrative regulations adopted thereunder, Chapter
11, Section
11-1, Excavations and Openings, of the Code of the Borough of Little Silver, and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the Borough Clerk for inclusion with the applicant's application documents; and
6. No siting license authorizing placement of a Small Wireless Facility
in a public right-of-way shall be issued to any applicant unless Borough
Council, in the manner prescribed by applicable laws of the State
of New Jersey, has granted to the siting license Applicant its consent
to use public rights-of-way within the Borough. No siting of a Small
Wireless Facility shall be permitted within 200 feet of another Small
Wireless Facility unless it can be established by clear and convincing
evidence that co-location on an existing or previously approved Small
Wireless Facility is not feasible. Any claims of carriers of technical
incompatibility or inability to collocate need to be proven by the
carrier, not disproven by the Borough. Responsibility for judging
proof of said claims lies solely with the Borough and/or or its chosen
representative(s).
7. Siting license Term: The term of a siting license issued pursuant
to this section shall be no less than 24 months.
D.
Small Cell Facility Siting License
Application Process.
Any person who desires a siting license pursuant to this section
shall file an application with the Borough Administrator. The application
shall include the following information:
1. The identity of the siting license applicant, including all affiliates
of the applicant.
2. A description of the Telecommunications Services that are or will
be offered or provided.
3. A description of the Telecommunications Facility(ies).
4. A description of the transmission medium that will be used by the
siting licensee to offer or provide Telecommunications Services.
5. Preliminary engineering plans, a survey, specifications, and a network
map of the Telecommunications Facility to be located within the Borough,
all in sufficient detail to identify:
a.
The location and route requested for applicant's proposed Telecommunications
Facility.
(1)
The location of all antennae, cells and nodes for applicant's
proposed Telecommunications Facility.
(2)
The location of all overhead and underground public utility,
telecommunications, cable, water, sewer drainage and other facilities
in the public way along the proposed route.
(3)
The specific trees, structures, improvements, facilities and
obstructions, if any, that applicant proposes to temporarily or permanently
remove, relocate or alter.
(4)
Telecommunications Facilities Providers use various methodologies
and analysis tools, including geographically based computer software,
to determine the specific technical parameters of facilities, such
as expected coverage area, antenna configuration and topographic constraints
that affect signal paths. In certain instances there may be a need
for expert review by a third party of the technical data submitted
by the provider. The Borough may require such a technical review to
be paid for by the applicant for a Telecommunications Service Facility.
The selection of the third party expert may be by mutual agreement
between the applicant and the Borough or at the discretion of the
Borough, with a provision for the applicant and interested parties
to comment on the proposed expert and review its qualifications. The
expert review is intended to be a site- specific review of technical
aspects of the Telecommunications Facilities and not a subjective
review of the site selection. The expert review of the technical submission
shall address the following:
(a) The accuracy and completeness of the submission;
(b) The applicability of analysis techniques and methodologies;
(c) The validity of conclusions reached; and
(d) Any specific technical issues designated by the
Borough.
(5)
A preliminary construction schedule and completion date.
(6)
Financial statements prepared in accordance with generally accepted
accounting principles demonstrating the applicant's financial ability
to construct, operate, maintain, relocate and remove the telecommunications
facilities.
(7)
Information to establish the applicant's technical qualifications,
experience and expertise regarding the Telecommunications Facilities
and Telecommunications Services described in the application.
(8)
Information to establish that the applicant has obtained all
other governmental approvals and permits to construct and operate
the Telecommunications Facilities and to offer or provide the Telecommunications
Services.
(9)
Verification from an appropriate professional who will certify
that the Telecommunications Facility meets the current standards and
regulations of any agency of the federal or state government with
the authority to regulate telecommunications facilities.
(10) Information to establish that the proposed telecommunications
facility conforms to the requirements of the international building
code and national electrical code, as applicable.
(11) Proof of notice pursuant to the requirements set forth below in Section
16A-5.28J, "Notification for Telecommunication Facilities."
E. Determination by the Borough Administrator for Small Cell Facility
Siting Licenses.
1. The Borough shall review the application for a Small Wireless Facility
siting license in light of its conformity with the provisions of this
section, and shall approve a siting license on nondiscriminatory terms
and conditions subject to the following requirements:
a.
Within 10 days of receiving an application, the Borough Clerk
shall determine and notify the applicant:
(1)
Whether the application is complete;
(2)
If the application is incomplete, what specific information
is missing; and
(3)
Whether the deployment of the Small Wireless Facilities as proposed
requires the applicant to apply for other permits, such as a street
opening permit or construction permit, for which the applicant has
not yet applied. No Small Wireless Facility siting license application
shall be deemed complete until the applicant has applied for all other
permits and approvals required by all other laws and regulations that
are applicable to the applicant's proposed Small Wireless Facility
deployment.
2. The Borough shall make its final decision to approve or deny the
application within the following timeframes:
a.
Sixty days from the submission of a complete application to
install a Small Wireless Facility upon one or more existing structures.
b.
Ninety days from the submission of a complete application to
install a Small Wireless Facility upon one or more new structures.
c.
Ninety days from the submission of a complete batched application
to install Small Wireless Facilities upon both existing and new structures.
The timeframes described above by which an application shall
be either approved or denied may be extended by mutual consent of
the applicant and the Borough. Such consent shall be set forth on
a form for such purposes which shall be available from the Office
of the Borough Clerk. Such consent on behalf of the Borough shall
be exercised by the Mayor in his/her reasonable discretion.
3. The Borough Clerk shall notify the applicant in writing of the final
decision, and if the application is denied specify the basis for denial;
and cite such specific provisions, as may be recommended by the Borough
Attorney, from federal, state, or local laws, administrative regulations
or codes as to why the application was denied.
4. Notwithstanding an initial denial, the applicant may cure any deficiencies
identified by the Borough within 30 days of the denial without paying
an additional application fee, provided the Borough Clerk shall approve
or deny the revised application within 30 days of receipt of the amended
application which shall be limited to the deficiencies specified in
the original notice of denial.
5. If the Borough fails to act upon an application within the timeframes
prescribed by this section, the applicant may provide written notice
to the Borough that the application review and decision period has
lapsed. Upon receipt of such notice, Borough Council, by resolution
adopted no later than its second regularly scheduled public meeting
next following receipt of the notice, shall either deny the application
or direct that the siting license shall be approved and issued. Nothing
in this paragraph is intended in any way to impact any other right
or remedy that may be available to the applicant under applicable
federal or state law if the Borough fails to act upon an application
within the timeframes prescribed by this section.
6. A siting license from the Borough authorizes an applicant to undertake
only certain activities in accordance with this section. No approval
or consent granted, or siting license issued, pursuant to this section
shall confer any exclusive right, privilege, license or franchise
to occupy or use any public right-of-way within the Borough of Little
Silver for the delivery of telecommunications services or for any
other purpose.
F. Fees and Escrows for Small Cell Facility Siting Licenses.
1. An application for a siting license under this section shall be accompanied
by a payment of a $500 fee.
2. Pursuant to N.J.S.A. § 54:30A-124, the Borough shall recover
reasonable professional fees for actual services incurred in the review
of applications under this section. Applicant shall make a deposit
in an escrow for professional fees in the amount of $2,000. If said
escrow account contains insufficient funds to enable the Borough to
perform its review, the Chief Financial Officer shall provide the
applicant a notice of insufficient balance. In order for review to
continue, the applicant shall, within 15 days, post a deposit to the
account in an amount to be mutually agreed upon.
G. Assignment or Transfers of Small Cell Facility Siting Licenses.
Ownership or control of a siting license issued pursuant to
this section may not, directly or indirectly, be transferred, assigned
or disposed of by sale, lease, merger, consolidation or other act
of the grantee, by operation of law or otherwise, without the prior
consent of the Borough as expressed by resolution.
H. General Indemnification of Borough in Connection with Small Cell
Facility Siting Licenses; Borough Use.
Each siting license grantee shall indemnify and hold the Borough
and its officers, employees, agents and representatives harmless from
and against any and all damages, losses and expenses, including reasonable
attorney's fees and costs of suit or defense, arising out of, resulting
from or alleged to arise out of or result from the negligent, careless
or wrongful acts, omissions, failures to act or misconduct of the
grantee or its affiliates, officers, employees, agents, contractors
or subcontractors in the construction, operation, maintenance, repair
or removal of its Telecommunications Facilities, and in providing
or offering Telecommunications Services over the facilities, whether
such acts or omissions are authorized, allowed or prohibited by this
Chapter or by a grant agreement made or entered into pursuant to this
Chapter.
An Applicant whose siting license includes the installation of any new Smart Pole structure of any of the types that are defined in in Section
16A-2.3, Definitions, shall provide the Borough with access to any of the technological features that are a component the new Smart Pole structure such as, for example, public access Wi-Fi, 911 call service or security cameras, before the applicant offers such access to any other person or entity. Should the Borough decide to utilize any such technological features then the Borough, on an annual basis, shall reimburse the applicant or the subsequent owner of the structure, the costs, on a dollar-for-dollar basis, of providing the Borough with such access. Such costs shall be limited to the costs of providing electricity to the components used by the Borough and the costs of any repairs required to be made to the components used by the Borough, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
I. Revocation or Termination of Small Cell Facility Siting Licenses.
1. The Borough may revoke a siting license granted under this section
for the following reasons:
a.
Construction or operation without a siting license.
b.
Construction or operation at an unauthorized location.
c.
Unauthorized substantial transfer of control of the grantee.
d.
Unauthorized assignment of a siting license.
e.
Unauthorized sale, assignment or transfer of grantee's assets,
or a substantial interest therein.
f.
Misrepresentation or lack of candor by or on behalf of a grantee
in any application to the Borough.
g.
Abandonment of the Telecommunications Facility. A Telecommunications
Facility shall be deemed "abandoned" if it is either disconnected
from power service or unused for greater than six months. Abandoned
Telecommunications Facilities shall be removed by the owner. Should
the owner fail to remove the Telecommunications Facility, the Borough
may do so at its option, and the costs thereof shall be a charge against
the owner.
h.
Insolvency or bankruptcy of the grantee.
i.
Material violation of the Borough's Revised General Ordinances.
2. In the event that the Borough believes that grounds exist for revocation
of a siting license, it shall give the grantee written notice of the
apparent violation or noncompliance, providing a statement of the
nature and general facts of the violation or noncompliance, and providing
the grantee a reasonable period of time not exceeding 30 days to furnish
evidence:
a.
That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance; and
b.
That rebuts the alleged violation or noncompliance; and
c.
That it would be in the public interest to impose some penalty
or sanction less than revocation.
3. The Borough shall consider the apparent violation or noncompliance
in a public meeting, with respect to which the grantee shall be given
notice and a reasonable opportunity to be heard concerning the matter.
J. Notification Required by Telecommunications Facility Providers.
1. Any Telecommunications Carrier who desires to change existing use,
construct, install, operate, maintain, or otherwise locate a Telecommunications
Facility in the Borough shall provide notice to property owners certified
by the Borough Administrator to be within 500 feet of the proposed
Telecommunications Facility.
2. Notice shall be given to a property owner by:
a.
Serving a copy thereof on the property owner as shown on the
current certified tax list, or his or her agent in charge of the property;
or
b.
Mailing a copy thereof by certified mail and regular mail to
the property owner at the address as shown on the said current certified
tax list, and service by mailing shall be deemed complete upon deposit
with the U.S. Postal Service; and
Notice pursuant to this section shall state the identity of
the Telecommunications Carrier; a description of the Telecommunications
Services that are or will be offered or provided; a description of
the location(s) of any Telecommunications Facilities; and a description
of the Telecommunications Facilities to be installed and the location
of the Telecommunications Facilities. The notice shall also advise
that a copy of the applicant's application is on file with the Borough
Administrator and may be reviewed by the public.
3. Such other and further information as may be required by the Borough
Administrator.
4. In the case of an application that seeks to construct, install, operate,
maintain, or otherwise locate a Telecommunications Facility or equipment
on any property owned or controlled by the County — including,
but not limited to, a County right-of-way — The applicant shall
also provide notice to and obtain a permit from the County authorizing
the placement of such Telecommunications Facility on any such property
or right-of-way.
K. Routine Maintenance and Replacement.
A Small Wireless Facility siting license shall not be required
for:
1. Routine maintenance of a Small Wireless Facility.
2. The replacement of a Small Wireless Facility with another Small Wireless
Facility that is substantially similar or smaller in size, weight
and height to the Small Wireless Facility that is being replaced.
3. Provided, however, that on a location where the Borough and/or another
provider has placed equipment or facilities, any routine maintenance
or replacement that is done shall not occur until written authorization
from the Borough and/or the other provider, as the case may be, to
proceed is provided to the Borough, which authorization to proceed
shall not unreasonably be withheld by the Borough and/or the other
provider.
4. Provided further that if the replacement of a Small Wireless Facility
with another Small Wireless Facility includes replacement of the structure
to which the Small Wireless Facility is attached then an application
for a siting license shall be required.
L. Land Use Ordinance Not Superseded.
The requirements of this section shall be in addition to, and
shall not be in lieu of, any requirements imposed by the Borough's
Land Use and Development Ordinance. If the Land Use and Development
Ordinance requires site plan approval, or the approval of any variances
from the Borough Planning and Zoning Board, the applicant shall be
required to secure any approvals and/or variances following the grant
of a siting license under this section. A Planning and Zoning Board
application for the construction, installation, or location for Telecommunications
Facilities shall not be deemed complete until a siting license under
this section is granted by the Borough.
M. Severability.
If any section or provision of this section shall be held invalid
in any court of competent jurisdiction, the same shall not affect
the other sections or provisions of this section, except so far as
the section or provision so declared invalid shall be inseparable
from the remainder or any portion thereof.