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.
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/m
3.
(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.
[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.
[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 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.
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.