Recognizing that certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the Borough and, at the same time, appreciating that fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community, if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the municipal agency with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the municipal agency during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the municipal agency shall be guided by the following standards and principles:
A. 
The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.
B. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and that reasonable consideration is afforded to the following:
(1) 
The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.
(2) 
The potential effect that the proposed use(s) and/or structure(s) will have upon property values.
(3) 
The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.
(4) 
The need for such facility or use(s) to serve the area in which it is to be located.
(5) 
The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).
(6) 
The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.
(7) 
The adequacy of proposed outdoor lighting.
(8) 
Compliance with the standards, principles and objectives of the Master Plan.
(9) 
Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this chapter.
C. 
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this chapter.
D. 
Conditional uses shall adhere to the additional standards specified for the particular use under this article, except where no additional standards are specified herein.
E. 
No use specified within this article shall be considered a conditional use unless it is specifically listed as a conditional use in the zone district regulations.
Cemeteries may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUFFER ZONE
A continuous strip of land required for the purpose of providing physical, audible and visible separation through the use of trees and/or other natural foliage.
HOURS OF OPERATION
Those hours during which normal cemetery activity, including digging and filling of graves, burial services, visitation, maintenance and repair of grounds and deliveries, are conducted on the cemetery premises.
MONUMENT
A tablet, a statue or other maker of stone, metal or another durable substance set up over or adjacent to a grave to commemorate the person interred therein.
B. 
Permitted activities, structures and buildings.
(1) 
Interment of the dead and related activities associated therewith.
(2) 
Erection of tombstones and monuments.
C. 
Building and construction regulations.
(1) 
The height of every other building, monument or other structure shall be constructed in accordance with the existing requirements of federal, state and local statutes, rules, regulations and ordinances.
(2) 
All excavations shall be made in accordance with the regulations issued and promulgated by the Occupational Safety and Health Review Commission and all other applicable federal, state and local statutes, rules, regulations and ordinances.
D. 
Buffer zone. Every cemetery created subsequent to the adoption date of this chapter shall be required to provide a buffer zone at least 50 feet wide around its entire perimeter along common boundaries with any abutting residential zones. No interments shall be permitted within the buffer zone.
[1]
Editor's Note: Former § 94-9.3, Community residences and other entities set forth in N.J.S.A. 40:55D-66.1 and 40:55D-66.2, was repealed 10-1-2012 by Ord. No. 989.
Educational uses, including public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory education requirements of the state, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
Convents, social halls and similar uses which are accessory to the educational use shall be permitted.
B. 
Nursery schools with an attendance of more than 25 children shall be considered educational uses and shall be subject to the provisions of this section.
C. 
Nursery schools serving more than 25 children shall contain a minimum lot area of three acres, plus one acre for each 25 children or fraction thereof.
D. 
Educational uses other than nursery schools whose maximum enrollment is 300 students or less shall have a minimum lot area of five acres.
E. 
Educational uses other than nursery schools whose maximum enrollment exceeds 300 students shall adhere to the following:
(1) 
Elementary schools shall have a minimum lot area of five acres, plus one acre for each 25 students in excess of 300 students.
F. 
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of § 94-8.6B of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the municipal agency.
[Amended 12-13-1993 by Ord. No. 670]
G. 
Permitted signs: one freestanding sign not larger than 10 square feet in area and not exceeding eight feet in height. In addition, facade signage occupying an area no greater than 5% of the front facade.
H. 
Lot coverage shall not exceed 30%.
[Added 12-13-1993 by Ord. No. 670; amended 10-17-1994 by Ord. No. 700]
A. 
Child-care centers for infants and children shall be permitted as conditional uses in all nonresidential zone districts. The floor area to be occupied in any building by a child-care center shall be excluded in calculating the parking requirement and the permitted density or intensity for that building or structure.
B. 
Child-care centers for infants and children shall be permitted only upon receipt of a conditional use permit and provided that the following standards are met to ensure that the health, safety and welfare of the children are protected and maintained:
(1) 
Child-care centers shall be licensed by the New Jersey Department of Human Services in accordance with N.J.S.A. 30:5B-1 to 30:5B-15.
(2) 
Child-care centers shall not be located near or adjacent to areas or uses determined to be hazardous to the physical health and safety of the children as required by N.J.A.C. 10:122-2.3.
(3) 
All child-care facilities shall provide a dropoff area for two cars with a staging area sufficient to accommodate one waiting car for each 700 square feet of gross floor area or for every 10 children, whichever is greater. This loading and staging area shall be contiguous to the property on which the child-care center is located and shall not be separated from the access to the building by any vehicular passageway but shall permit the safe and efficient access of children directly to the child-care center.
(4) 
All parking areas, pedestrian walkways and other exterior portions of the premises subject to use by center occupants after dusk shall be illuminated to provide safe entrance to and from the center.
(5) 
All child-care facilities shall provide an on-site contiguous play area which can be accessed from the interior of the child-care center without crossing any vehicular passageway. Play areas shall occupy a minimum of 150 square feet of net outdoor space. Where more than five children are using the space at one time, there shall be 30 square feet of net outdoor space for each additional child in addition to the minimum requirement of 150 square feet. This requirement for outdoor play areas shall not be applicable where the state shall first have granted a waiver of the requirement prior to obtaining the conditional use approval.
(6) 
All outdoor recreation areas shall be fully enclosed by a substantial fence or wall having a height of not less than six feet with no openings greater than two inches square and erected in a manner as to permit the flow of natural drainage. All outdoor recreation areas shall be landscaped and visually screened from adjoining residential properties in accordance with the provisions of § 94-8.6B of this chapter. When adjacent to residential properties, usage of play areas shall be limited to between the hours of 9:00 a.m. and 5:00 p.m. Play areas shall not be located adjacent to uses which may prove detrimental to the children and shall not be in areas where concentrations of carbon monoxide equal or exceed 10 mg/m3.
(7) 
No play area shall be located nearer than 50 feet to any adjoining residential property or zone.
Places of worship, as defined in Article II of this chapter, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
The minimum lot area shall be three acres.
B. 
The minimum lot width shall be 300 feet.
C. 
No principal building shall be located closer than 50 feet to any side or rear property line.
D. 
No accessory building shall be located closer than 30 feet to any side or rear residential property line.
E. 
Maximum lot coverage shall be 15%.
F. 
The height of structures to be constructed may exceed the maximum height requirements of this chapter; provided, however, that the front, rear and side yard requirements set forth above shall be increased by two feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
G. 
Permitted signs shall be as follows:
(1) 
One freestanding sign not exceeding 10 square feet in area nor six feet in height.
(2) 
Facade signage occupying no greater an area than 5% of the front facade of the building to which the sign is attached.
Professional office buildings may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
The occupancy of the proposed professional office building shall be limited to members of a recognized profession, such as doctors, dentists, ministers, architects, engineers, lawyers, real estate brokers, accountants or such other similar professional occupants which may be so designated by the Board.
B. 
The proposed structure shall be compatible with the established character of development in the surrounding areas.
C. 
The lot on which the use is proposed shall be not less than 15,000 square feet.
D. 
The lot shall have a minimum frontage of 100 feet.
E. 
Required yard areas:
(1) 
Front and rear yard setbacks: 40 feet.
(2) 
Side yard setback: 25 feet.
F. 
The maximum building coverage of the lot shall not exceed 25%.
G. 
The maximum building height shall not exceed 2 1/2 stories.
H. 
The minimum gross floor area shall be 1,000 square feet.
I. 
Permitted signs:
(1) 
One freestanding sign which shall not exceed in area four square feet, plus one square foot for each professional occupant, but in no case shall any sign exceed 10 square feet.
(2) 
One facade sign located on the front facade of the building not exceeding 5% of the area of that facade.
[Amended 12-7-2020 by Ord. No. 2020-1077]
Public and quasi-public recreation areas, including parks, playgrounds, tennis courts, swimming pools and other such activities, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:
A. 
Swimming pools shall be subject to the provisions of § 94-8.45 of this chapter.
B. 
Minimum lot area: five acres.
C. 
Maximum lot coverage by buildings and structures, including swimming pools: 20% of the lot area.
D. 
Minimum unoccupied open space: 25%.
E. 
No building, structure, recreation area or parking area shall be located closer than 25 feet to a residential property line.
F. 
The use shall be screened from adjacent residential zones or adjacent existing residences in accordance with the provisions of § 94-8.4B of this chapter and/or shall provide fencing as may be deemed adequate by the municipal agency.
G. 
Off-street parking requirements shall be determined by the Land Use Board, except that, where swimming pools are provided, the off-street parking requirements shall be not less than the requirements under § 94-8.26, plus such additional parking as may be deemed necessary by the municipal agency.
H. 
Permitted signs: one freestanding sign not exceeding 12 square feet in area nor six feet in height.
Public utility uses, such as water towers, pumping stations, electric substations, transmission lines, switching stations and radio and other transmission towers which must be provided above ground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:
A. 
A statement is submitted setting forth the reasons that the proposed installation must be provided aboveground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service 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 facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C. 
Adequate and attractive fences and other safety devices will be provided.
D. 
Sufficient landscaping, including shrubs, trees and lawn, are provided and will be periodically maintained.
E. 
The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area.
[Added 6-4-2001 by Ord. No. 780]
A. 
Purpose. The purpose of these regulations for the siting of wireless telecommunications towers and antennas is to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in appropriate locations; minimize the total number of towers throughout the Borough; strongly encourage the joint use of approved tower facilities as a primary option rather than construction of new or additional single-use towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, Shrewsbury Borough shall give due consideration to the Borough Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. 
Nonapplicability to amateur radio stations and to receive-only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a "receive-only antenna" in accordance with Federal Communications Commission (FCC) regulations.
C. 
Antennas and towers permitted on Borough property. Wireless communications towers and antennas which are located on property owned, leased or otherwise controlled by the Borough of Shrewsbury and which are approved by the Borough Council shall be deemed to be permitted as a municipal facility in any zone district.
D. 
Antennas and towers which are not municipal facilities. Wireless telecommunications towers and antennas that are not municipal facilities may be permitted on nonmunicipal property in the LI Light Industrial Zone upon submission and approval of a site plan and conditional use permit in accordance with the regulations set forth below:
(1) 
General requirements.
(a) 
Principal or accessory use. Wireless telecommunications towers and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(b) 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(c) 
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Borough as part of the application an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of Shrewsbury Borough or within one mile of the border thereof, including specific information about the location, height and design of each tower. The Borough may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of Shrewsbury Borough; provided, however, that the Borough is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(d) 
Aesthetics. Towers and antennas shall meet the following requirements:
[1] 
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
[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 that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(e) 
Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(f) 
State and federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas.
(g) 
Uniform Construction Code; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state and municipal codes, including the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If upon inspection, the Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(h) 
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in Shrewsbury Borough irrespective of municipal and county jurisdictional boundaries.
(i) 
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in Shrewsbury Borough have been obtained and shall file a copy of all required franchises with the Borough.
(j) 
Public notice. For purposes of this section, any variance request or request for site plan approval shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection D(1)(s) in addition to any notice otherwise required by this chapter.
(k) 
Signs. No advertising signs shall be allowed on an antenna or tower.
(l) 
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection D(2).
(m) 
Multiple antenna/tower plan. Shrewsbury Borough encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.
(n) 
Maximum height.
[1] 
The tower shall meet the following maximum height and usage criteria:
[a] 
For a single user, up to 90 feet in height.
[b] 
For two users, up to 120 feet in height.
[c] 
For three or more users, up to 150 feet in height.
[2] 
A licensed New Jersey professional engineer must certify that the tower can structurally accommodate the number of shared users proposed by the applicant.
(o) 
Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:
[1] 
A location plan drawn to scale and clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection D(1)(s), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography and parking.
[2] 
Legal description of the parent tract and leased parcel (if applicable).
[3] 
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
[4] 
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(1)(s) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5] 
A landscape plan showing specific landscape materials.
[6] 
Method of fencing and finished color and, if applicable, the method of camouflage and illumination.
[7] 
A description of compliance with Subsection D(1)(c), (d), (e), (f), (g), (j), (l), (m) and (r) and all applicable federal, state or local laws.
[8] 
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9] 
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10] 
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
[11] 
A description of the feasible location(s) of future towers or antennas within the Borough based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(p) 
Factors considered in granting approval for towers. In addition to any standards for consideration of site plans pursuant to this chapter, the municipal agency shall consider at least the following factors in determining whether to issue an approval:
[1] 
Height of the proposed tower.
[2] 
Proximity of the tower to residential structures and residential district boundaries.
[3] 
Nature of uses on adjacent and nearby properties.
[4] 
Surrounding topography.
[5] 
Surrounding tree coverage and foliage.
[6] 
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
[7] 
Proposed ingress and egress.
[8] 
Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection D(1)(o)[10] of this section.
(q) 
Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal agency that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
[1] 
No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
[2] 
Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
[3] 
Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
[4] 
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
[5] 
The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
[6] 
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
[7] 
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
(r) 
Minimum required setback. The following minimum setback requirements shall apply to all towers for which site plan approval is required:
[1] 
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line, but in no event shall the tower be located in the minimum required yard area or buffer area of the zone district.
[2] 
Guys and accessory buildings must satisfy the minimum zoning district setback and buffer requirements.
(s) 
Minimum separation requirement between uses. The following separation requirements shall apply to all towers and antennas for which site plan approval is required:
[1] 
Separation from off-site uses/designated areas.
[a] 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Subsection D(1)(s)[2] below, except as otherwise provided.
[b] 
Towers shall maintain a separation distance of 200 feet or 300% of the tower height, whichever is greater, from residential dwelling units or from lands zoned for residential use.
[2] 
Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown below in the table of required separation distances between towers.
Required Separation
Distances Between Wireless Communications Towers
(in linear feet)
Tower Type
Lattice
Guyed
Monopole: 75 feet in Height or Greater
Monopole: Less than 75 feet in Height
Lattice
5,000
5,000
1,500
750
Guyed
5,000
5,000
1,500
750
Monopole: 75 feet in height or greater
1,500
1,500
1,500
750
Monopole: less than 75 feet in height
750
750
750
750
(t) 
Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device; provided, however, that the municipal agency may waive such requirements as it deems appropriate.
(u) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
[1] 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
[2] 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
[3] 
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(v) 
In approving the tower, the municipal agency may impose conditions, including the use of an alternative tower structure, to the extent the municipal agency concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(2) 
Buildings or other equipment storage.
(a) 
Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
[1] 
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 65 feet in height, the related unmanned equipment structure, if over 200 square feet of gross floor area or 10 feet in height, shall be located on the ground and shall not be located on the roof of the structure.
[2] 
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area.
[3] 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(b) 
Antennas located on towers, utility poles or light poles. The related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum yard and buffer requirements of the zoning district in which located and shall be screened from view of all residential properties.
(3) 
Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Borough of Shrewsbury notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds to remove the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. Upon the dismantling and removal of a tower, the property on which the tower was located shall be restored to a safe and landscaped condition compatible with adjacent properties.
(4) 
Preexisting towers. Preexisting towers which are operating at the time of the adoption of this section shall be allowed to continue theft usage as they presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section. If the use of the tower has terminated and the use is determined to be abandoned, the requirements for removal in Subsection D(3) shall apply.
[Added 10-1-2012 by Ord. No. 989]
Sexually oriented businesses are permitted as a conditional use in the LI Light Industrial Zone District, provided that the use adheres to the requirements of the LI Zone District and the following minimum standards:
A. 
No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal or county playground or place of public resort and recreation, or any hospital or any child-care center, or within 1,000 feet of any area zoned for residential use. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this act where another sexually oriented business, an elementary or secondary school or school bus stop, or any municipal or county playground or place of public resort and recreation, or any hospital or any child-care center, is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 1,000 feet.
B. 
Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with plantings, fence, or other physical divider along the outside of the perimeter sufficient to impede the view of the interior of the premises in which the business is located. The municipality may, by ordinance, require the perimeter buffer to meet additional requirements or standards. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this act.
C. 
No sexually oriented business shall display more than two exterior signs, consisting of one identification sign and one sign giving notice that the premises are off limits to minors. The identification sign shall be no more than 40 square feet in size.
D. 
Sexually oriented businesses must confirm to the hours of operation ordinance.
[Added 10-18-2021 by Ord. No. 2021-1090]
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. 
Definitions. The following words and phrases shall, for the purpose of this chapter, have the meanings herein indicated:
CO-LOCATION
The use of a common wireless telecommunications tower or a common structure by two or more wireless license holders or unlicensed holders nevertheless regulated by the Federal Communications Commission or by one wireless license holder for more than one type of communications technology and/or the placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity.
PUBLIC RIGHT-OF-WAY
The surface of, and the space above, any public street, road, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Borough or county as an easement or in fee-simple ownership, or any other area that is determined by the Borough or county to be a right-of-way in which the Borough may allow the installation of telecommunications facilities.
SMALL CELL EQUIPMENT and SMALL CELL FACILITY
(1) 
Wireless facilities and transmission media, including femtocells, picocells and microcells;
(2) 
Outside distributed antenna systems ("ODAS");
(3) 
A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended, that is attached, mounted or installed on an existing pole or wireless pole in the public right-of-way and used to provide telecommunications (defined herein) services.
(4) 
A wireless service facility that meets both of the following qualifications:
(a) 
Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and
(b) 
Primary equipment enclosures are not larger than 17 cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, backup power systems, grounding equipment, power transfer switch, and cutoff switch.
TELECOMMUNICATIONS
The transmission by wire, radio, optical, or any electromagnetic system, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
TELECOMMUNICATIONS CARRIER
Any provider of telecommunications services.
TELECOMMUNICATIONS FACILITY
Any structure or device used for the purpose of providing, supporting, enabling, or otherwise facilitating telecommunications, including, but not limited to, small cell equipment and wireless poles, as defined herein.
TELECOMMUNICATIONS SERVICE(S)
The offering of telecommunications to the public, regardless of the telecommunications facilities used.
WIRELESS POLE
A column or post lawfully located in the Borough or county right-of-way used solely to support small cell equipment and/or provide personal wireless services, as defined by federal law.
C. 
Permitted zones and use for telecommunications facilities.
(1) 
Wireless poles, small cell equipment and small cell facilities existing or to exist in the Borough or county rights-of-way shall be limited to placement within the boundaries of Zoning Districts B-1, B-2, HC/PO, P-1, L1, LIR-60 and LIR-88, excluding any parcel designated as an historic site or structure or any parcel adjacent thereto, or within the Historic District or any parcel adjacent thereto, as defined in § 94-2.3, and as shown on the Official Zoning Map of the Borough of Shrewsbury.
(2) 
Wireless poles, small cell equipment and small cell facilities existing or to exist in the Borough or county rights-of-way shall be a conditional use within Zoning District BD, and subject to all applicable local and state requirements for conditional use approval, and the required notice as specified in § 94-9.11K below.
(3) 
Telecommunications facilities and new wireless poles shall not be permitted in the following zones: R-1, R-1A, R-1B, R-2, R-3, R-4, R-4.5, R-5, PSC-1, PSC-2, PSC-3, and within the Historic Overlay District and any parcel adjacent thereto, as shown on the Official Zoning Map of the Borough of Shrewsbury.
(4) 
Telecommunications facilities shall be located pursuant to Borough Code § 94-9.9.
D. 
Small cell facility 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 Land Use Board approval and a 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 co-location with any telecommunications facility.
(3) 
A telecommunications carrier who is issued a license pursuant to this section who, during the license term [as defined in Subsection D(5) below], wishes to add, supplement, or modify the telecommunications facility for which the license was granted shall be required to obtain a new license in accordance with the procedures established by this section, except that no new license shall be required during the license term if the addition, supplement or modification does not materially change the overall size, dimensions, technical aspects, or appearance of the telecommunications facility, as reasonably determined by the Borough Administrator in consultation with the Borough Engineer. Nothing in this section shall be construed as eliminating or otherwise altering the duration of the license term.
(4) 
No application to construct a new wireless telecommunications service facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the Borough that no existing personal wireless telecommunications 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 telecommunications 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 the 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 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) 
License term. The term of a license issued pursuant to this section shall be no less than five years and shall not exceed seven years.
E. 
Small cell facility license application process. Any person who desires a 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 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 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 the applicant's proposed telecommunications facility.
(b) 
The location of all antennas, cells and nodes for the applicant's proposed telecommunications facility.
(c) 
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.
(d) 
The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove, relocate or alter.
(e) 
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:
[1] 
The accuracy and completeness of the submission;
[2] 
The applicability of analysis techniques and methodologies;
[3] 
The validity of conclusions reached; and
[4] 
Any specific technical issues designated by the Borough.
(f) 
A preliminary construction schedule and completion date.
(g) 
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.
(h) 
Information to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and telecommunications services described in the application.
(i) 
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.
(j) 
Information to establish that the telecommunications facility meets the current standards and regulations of any agency of the federal government with the authority to regulate telecommunications facilities.
(k) 
Information to establish that the proposed telecommunications facility conforms to the requirements of the International Building Code and National Electrical Code, as applicable.
(l) 
Proof of notice pursuant to the requirements set forth in Subsection K below, Notification required by telecommunications facility providers.
(m) 
A copy of the Land Use Board approval.
F. 
Determination by the Borough Administrator for small cell facility licenses.
(1) 
Upon the Borough Administrator's determination that an application for a license is complete, including obtaining Land Use Board approval, the Borough Administrator, after consultation with the Borough Solicitor and Borough Engineer, shall issue the determination.
(2) 
A determination shall be issued within 90 days of the applicant's submission of a complete application.
(3) 
If the application is denied, the written determination shall include the reasons for denial and be supported by facts upon which the denial is based.
G. 
Fees and escrows for small cell facility licenses.
(1) 
An application for a license under this section shall be accompanied by 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. The applicant shall make a deposit in an escrow for professional fees in the amount of $2,500. 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.
H. 
Assignment or transfer of small cell facility licenses. Ownership or control of a 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.
I. 
General indemnification of Borough in connection with small cell facility licenses. Each 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 attorneys' 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.
J. 
Revocation or termination of small cell facility licenses.
(1) 
The Borough may revoke a license granted under this section for the following reasons:
(a) 
Construction or operation without a license.
(b) 
Construction or operation at an unauthorized location.
(c) 
Unauthorized substantial transfer of control of the grantee.
(d) 
Unauthorized assignment of a license.
(e) 
Unauthorized sale, assignment or transfer of the 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 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.
K. 
Notification required by telecommunications facility providers.
(1) 
Any telecommunications carrier who desires to change the existing use of, 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.
(a) 
Notice shall be given to a property owner by:
[1] 
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
[2] 
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.
(b) 
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; 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.
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 Zoning Code. No license for a telecommunications facility shall be issued under this section until an applicant obtains site plan approval, and the approval of any variances from the Land Use Board.
M. 
Severability. If any subsection or provision of this section shall be held invalid in any court of competent jurisdiction, the same shall not affect the other subsections or provisions of this section, except so far as the subsection or provision so declared invalid shall be inseparable from the remainder or any portion thereof.