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