Township of Howell, NJ Article XI Conditional Uses

§ 188-87 Service stations.

A. All storage areas, repair facilities, pits, lifts, and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside. All structures, gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from all street and property lines at least 60 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.

B. No junked motor vehicles or parts thereof and no unregistered unlicensed motor vehicle shall be permitted on the premises of any service station. Not more than six motor vehicles may be located on the premises outside a building for a period not to exceed two weeks, provided that the owners are awaiting the repair of said motor vehicles.

C. The exterior display and parking of equipment for rental or sale purposes shall be permitted, provided that the area devoted to this purpose does not exceed 20% of the lot area, the maximum sign area for a service station is not exceeded and the location of the rental and sales does not interfere with the required off-street parking and traffic circulation required for the service station.

D. It is intended that service stations be designed compatibly with other permitted commercial and industrial uses in the zone in which they are located, that they are not stripped along the available highway frontage or at each quadrant of a convenient intersection, and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall recognize the turning movements generated. These access points shall be coordinated within the access points required for the nearby uses, the frequency of intersection side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

E. Said proposes use or structure shall not be located on any highway or street within 2,500 feet of any automobile service station situated on the same side of said highway or street, or on any street where the measurement along the curbline from the nearest lot line of the proposed use to the nearest lot line of the use to which said distance is being measured is within said distance; and further provided that said use or structure shall not be located on a lot whose lot lines are located within 1,000 feet of any public or private school, hospital, church, library, theater, club, place of assembly seating more than 50 persons, or public building housing offices and records of this municipality; and further provided that vehicular entrances and exits shall be clearly visible from the highway or street upon which such use is located and shall not be located within 75 feet of a highway or street intersection.[1]

[1] Editor's Note: Former § 188-87.1, Hotel and/or conference center, added 8-15-2006 by Ord. No. O-06-23, which immediately followed this section, was repealed 5-19-2009 by Ord. No. O-09-22.

§ 188-88 Community residences and other entities.

[Amended 6-23-2003 by Ord. No. O-03-18]

Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, adult family care homes for elderly persons and physically disabled adults, and all other entities which may, in the future, be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, are permitted uses in all residential districts of the Township. The requirements for said uses shall be the same as for single-family dwelling units located within such districts and as set forth in N.J.S.A. 40:55D-66.2 or any successor statute.

§ 188-89 Sales and showrooms for new and used automobiles.

A. Banners, flags, movable signs, flashing lights, rotating devices or similar devices shall not be permitted. Signs shall conform to the requirements of Chapter 256, Signs.

B. No automobile shall be displayed closer than 30 feet to the front property line. This setback area shall be landscaped and shall not be used for off-street parking or any other purpose except the placement of a permitted use.

C. Automobile prices or year of manufacture shall not be boldly displayed on the automobile in a manner which would be legible from the highway. The purpose of this regulation is to avoid undue distractions to the traveling public.

D. All such uses shall be subject to site plan approval which should address itself to all those considerations set forth in Article XII, as well as the effective handling of customer parking and on-site traffic circulation. Customer parking shall be provided at the rate of one space for every five spaces available for vehicle display. Vehicle display spaces shall be clearly noted on the site plan.

E. No facilities for automobile body repair or mechanical repair shall be permitted to be located on the premises used for sales and showrooms of new or used automobiles except those facilities necessary for the preparation or maintenance of automobiles sold upon said premises and only where said facilities are clearly incidental and subordinate to the principal use.

§ 188-90 Club pools.

A. Club pools are defined as privately owned facilities primarily intended to provide an area for outdoor swimming and related activities, including the clubhouse, bathhouse, deck area, parking, storage facilities and accessory recreation areas.

B. Minimum lot size: five acres.

C. Maximum water surface of pool: 5% of lot area.

D. All pools and accessory facilities shall be adequately screened and buffered, including the installation of earth berms, if required by the Planning Board, so as to confine noise from said facility from adjoining residence and to provide a pleasing visual environment.

§ 188-91 Utility facilities.

A. For water storage tanks and pumping stations, lot coverage shall not exceed 25%.

B. All aboveground structures, except overhead transmission lines, shall be landscaped to provide a buffer between such facility and adjoining residences.

C. Housing for pumping stations or any such utility facility shall have an appearance similar to a small residential unit to provide for a compatible visual relationship with residential properties in the area.

D. Site plan review and approval in accordance with the terms of this chapter shall be required for all facilities except usual overhead and underground service lines.

§ 188-92 Church, synagogues or other places of worship.

[Amended 6-14-2022 by Ord. No. O-22-22]

A. Minimum lot area: five acres.

B. Maximum building coverage: 20%.

C. Maximum impervious surface coverage: 50%.

D. Minimum setback from street line: 75 feet or two times the building height, whichever is greater.

E. Minimum side yard: one times the building height but not less than 30 feet.

F. No off-street parking shall be located in the required setback from the street line; at least one space for each four seats or one space for each four persons' occupancy based upon the maximum allowed occupancy calculated from the New Jersey Uniform Construction Code, whichever is greater. Off-street parking shall be appropriately screened and buffered from adjoined and nearby residences.

G. Location shall be only on collector or arterial roads as shown on the Master Plan of the Township.

H. Connection to sanitary sewer is required; septic is expressly prohibited. "Connection" shall mean sanitary sewer lines are built, available for connection and physically connected.

§ 188-93 Schools.

[Amended 5-20-2014 by Ord. No. O-14-13]

Public schools and private which are not conducted as a business shall be permitted as a conditional use in the designated zones as set forth in Article X of Chapter 188, provided the following conditions are met:

A. (Reserved)[1]

[1] Editor's Note: Former Subsection A, which provided that a school must be licensed by the State of New Jersey, was repealed 6-14-2022 by Ord. No. O-22-22.

B. (Reserved)[2]

[2] Editor's Note: Former Subsection B, which provided that the curriculum of the proposed school shall be approved by the New Jersey Department of Education, was repealed 6-14-2022 by Ord. No. O-22-22.

C. Location shall be only on collector or arterial roads as shown on the Master Plan of the Township.

D. Buffers and screening shall be provided in accordance with the provisions of § 188-63.

E. The minimum lot area for an elementary school shall be 10 acres, plus one additional acre for each 100 pupils. The minimum lot area for an intermediate school or trade or vocational school shall be 20 acres, plus one additional acre for each 100 pupils. The minimum area for a high school shall be 30 acres, plus one additional acre for each 100 pupils. The minimum area for an institution of higher learning shall be 50 acres, plus one additional acre for each 100 students. No more than 10% of the site shall be covered by buildings.

F. A front and rear yard, each with a depth of not less than 150 feet, and two side yards, each with a width of not less than 100 feet, shall be provided. No parking, play area or other accessory structure shall be allowed within 75 feet of any street or property line.

G. Off-street parking shall be provided in the following ratio: Elementary and intermediate schools shall provide one parking space for each staff member or employee, plus two parking spaces for each classroom, plus adequate space for buses and delivery vehicles. High schools shall provide one parking space for each staff member or employee, plus seven spaces for each classroom, plus adequate space for buses and delivery vehicles. Trade or vocational schools shall provide one parking space per 100 square feet of gross floor area. Institutions of higher learning shall provide one parking space per 150 square feet of gross floor area.

H. A driveway shall not open onto a public street within 150 feet of an intersection of such street with another public street. In determining the suitability of proposed or existing driveways upon the site, the approving agency shall consider such factors as grade and site clearance; the number and pattern of driveways; the number, location of design of ingress and egress points; the volume of traffic which may be anticipated on the site and on adjoining roads: and the condition and width of pavement of adjoining roads.

I. Illumination for night athletic activities shall be shielded from view of adjoining streets and residential areas and a glare study should be required for properties within 200 feet of any proposed night athletic illumination.

J. The application shall include a complete set of architectural plans and specifications of existing and proposed buildings and structures and a statement setting forth in general terms the proposed courses of instruction. This statement shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.

K. Connection to sanitary sewer is required, septic is expressly prohibited. Connection shall mean sanitary sewer lines are built and available for connection.

L. Expressly prohibited is dormitory housing which is defined as a building used as group living quarters for a student body.

M. Expressly prohibited is faculty housing, which is defined as a dwelling unit for persons teaching at an educational facility located on an educational campus.

[Added 6-14-2022 by Ord. No. O-22-22]

§ 188-94 Community centers.

A. Proposed community centers for use in conjunction with a planned unit development shall be approved as part of the overall development plan associated with major subdivision or site plan approval.

B. For community centers developed on individual lots, the standards shall be the same as those set forth for houses of worship unless an outdoor swimming facility is proposed in which case the standards for club pool, hereinbefore set forth, shall also apply.

§ 188-95 Commercial radio and television antennas.

Freestanding radio and television antennas may be permitted in specified zones and on public property, provided that the following standards are met, together with any other requirements of this chapter; and other requirements of this chapter; and other requirements which the Planning Board deems necessary for the health, safety or general welfare; and any requirements, standards or regulations established by the State of New Jersey or the federal government particularly the Federal Communications Commission and the Federal Aviation Administration.

A. All freestanding antennas and tower structures, guidewire, safety cables or other appurtenances shall not be located within any required front yard, side yard or rear yard setback area for a principal structure. If a tower or antenna is greater than 100 feet, the minimum setback from any property line shall be 50 feet or the required front, side or rear yard setback, whichever is greater.

B. All freestanding antennas and tower structures shall be subject to structural provisions of the New Jersey Uniform Construction for wind loads, vend uplift, fire-resistance ratings, dead-load and ice-load ratings, and grounding. Documentation shall be provided to the Planning Board in the form of a site plan, technical and engineering support documentation, manufacturer's warranties and sworn testimony of a licensed structural engineer on proposed freestanding antennas and tower structures.

C. All commercial radio and television transmission facilities including AM, FM and television broadcast stations, public safety radio services, cellular radio/telephone service, microwave or other forms of electromagnetic transmission shall be subject to U.S. Environmental Protection Agency, U.S. Occupational Safety and Health Administration, American National Standards Association and New Jersey Environmental Protection Agency standards and requirements pertaining to human exposure to radio frequency electromagnetic fields and other rules, regulations and standards which may be applicable to such facilities by federal and/or state regulatory agencies.

D. All freestanding antennas and tower structures shall be readily accessible by emergency vehicles and by construction and service vehicles in a manner acceptable to the Board of Fire Commissioners, Township Engineer and Construction Official.

E. All commercial antenna towers more than 35 feet in height shall be enclosed by a chain link fence not less than six feet in height.

F. No lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes shall be permitted.

G. Any accessory building or housing of equipment for the operation of a commercial antenna or tower shall not be greater than one story, shall not exceed a building height of 12 feet and shall not exceed 450 square feet.

§ 188-96 Used automobile auction sales.

A. Maximum of one auction sale per week and not on consecutive days shall be permitted.

B. Minimum lot size shall be five acres.

C. Auction must be operated by a licensed automobile dealer as per Chapter 61, Automobile Auctions.

D. Automobiles to be defined to include all private passenger cars, vans, mini-vans, jeeps and private passenger type pickups. No trucks, buses, tractor-trailer or other large type vehicles shall be permitted.

E. All auction vehicles must be in operating condition. No junk, salvage or burned vehicles or parts shall be displayed, stored, sold or auctioned.

F. Adequate sanitary facilities must be provided.

G. Public parking must be provided on site for three vehicles for every one vehicle being offered for auction sale.

H. Hours of operation shall be not greater than 8:30 a.m. to 5:00 p.m.

I. Subject to site plan approval by the Planning Board.

J. No activity associated with such auctions shall be conducted within 100 feet of any residential use or residential zone.

K. No activity associated with such auction, including parking, shall be conducted any closer to any property line than the required building setback for such zone.

L. Parking facilities of another operating use on the site shall not be permitted to be used for auction parking unless such other said use is not in operation at the time of the auction.

M. Applicant must be able to demonstrate an ability to control noise and dust related to an auction sale.

§ 188-97 Adult uses.

A. Definitions.

ADULT BOOK STORE

An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, motion pictures and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment where a segment or section of the premises is devoted to the sale, rental or display of such material.

HEAD SHOP

An establishment providing as a substantial portion of its business items or paraphernalia associated with the taking or dispensing of controlled dangerous substances.

MASSAGE PARLOR

An establishment providing as a substantial portion of its business the giving of massages by one person to another.

B. Location of regulated uses. No regulated uses may be located within 1,500 feet of any other regulated use or within 1,500 feet of any residentially zoned area, or within 1,500 feet of any elementary, middle or high school, church, synagogue, museum, playground or ball field.

C. Violations and penalties. Any person, firm or corporation or other party violating the terms of this section shall, upon conviction thereof in the Municipal Court of the Township of Howell, be subject to a fine not to exceed $500 or to imprisonment in the county jail for a term not exceeding 90 days or both, in the discretion of the court. Each day or occasion that shall be in violation of this section shall be considered as a separate and distinct violation thereof.

§ 188-98 Telecommunications facilities.

[Added 4-22-2002 by Ord. No. O-02-8]

A. Purpose. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this section are to:

(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas.

(2) Encourage the location of towers in nonresidential areas.

(3) Minimize the total number of towers throughout the community.

(4) Establish a Township priority for the location of telecommunication towers and antennas upon existing water towers, existing municipal towers, existing antenna towers and existing utility towers, rather than construction of new towers and antennas.

(5) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional towers.

(6) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.

(7) 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.

(8) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.

(9) Consider the effect of communication towers on the public health and safety to the extent permitted by federal law.

(10) Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures. In furtherance of these goals, the appropriate land use agency shall give due consideration to the Township’s Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

B. Applicability.

(1) New towers and antennas. All new towers or antennas in the Township shall be subject to these regulations except as provided in Subsection C(2) through (4), inclusive.

(2) Amateur radio station operators/receive only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and exclusively operated by a federally licensed amateur radio station operator, or is used exclusively for receive-only antennas.

(3) Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection C(6) and (7) unless altered, renovated or modified, in which event an application shall be made to the appropriate land use agency of the Township as required hereunder.

(4) AM array. For purposes of implementing this ordinance, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array.

C. General requirements.

(1) Principal or accessory use. Antennas and towers 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.

(2) 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.

(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of all existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer shall share such information with other applicants applying for development approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Township, provided, however, that the sharing of such information shall not in any way constitute a representation or warranty that such sites are available or suitable.

(4) Aesthetics. Towers and antennas shall meet the following requirements:

(a) Towers shall either maintain a galvanized finish, or subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness of said tower.

(b) 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 as well as resemble the architectural style of residential dwellings which may be proximate to the site.

(c) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall 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.

(5) 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 shall cause the least disturbance to surrounding views and shall be subject to applicable lighting standards as are elsewhere contained within the Township ordinances.

(6) State or 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. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers or antennas into compliance with such revised standards and regulations in accordance with the law within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

(7) Building codes; 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 or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township 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 request a hearing or to bring such tower into compliance with such standards, unless the danger to the public safety and welfare posed by such failure warrants a shorter period of time for correction or removal. Failure to bring such tower into compliance within the allowed number of days shall constitute grounds for the removal of the tower or antenna at the owner’s expense.

(8) Fall zone. A fall zone shall be established such that the tower is set back 100% of the height of the tower from any adjoining lot line or nonappurtenant building.

(9) Measurement. For the purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township respective of municipal and county jurisdictional boundaries.

(10) 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 the Township have been obtained and shall file a copy of all required franchises with the Zoning Officer. In addition, an applicant before a land use agency of the Township shall include such certification, together with a copy of all required franchises as part of the application submissions to said land use agency.

(11) Public notice. For purposes of this section, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the area required under the enabling statute N.J.S.A. 40:55D-l et seq.

(12) Signs. No signs shall be allowed on an antenna or tower.

(13) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G hereinafter.

(14) Multiple antenna/tower plan. The Township encourages users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites, whenever more than a single site may be deemed necessary to service the Township and adjacent communities. Applications for approval of multiple sites shall be given priority in the review process.

(15) Removal bond. The owner or applicant of any proposed tower construction shall be required to post a performance bond for the removal of the tower in order to guarantee that the tower be removed and the top three feet of concrete be removed and then backfilled. Said performance bond shall be sized by the Township Engineer.

D. Permitted uses.

(1) General. The uses listed in this section are deemed to be permitted uses.

(2) Permitted uses. The following are specifically permitted and shall only require Planning Board site plan approval:

(a) Antennas or towers located on property owned, leased, or otherwise controlled by the Township, provided that a license or lease authorizing such antenna or tower has been approved by the Township.

E. Conditional uses.

(1) General. The Planning Board may grant approval for towers and antennas as a permitted conditional use, provided that:

(a) The construction, location, or placement of such tower or antennas as proposed is permitted as a conditional use within the following zoning districts only: HC, HD-1, HD-2, and SED. It is the intention of this section that such towers and antennas are prohibited in all other zoning districts.

(b) The applicant shall submit an application for the approval of such conditional use as is being proposed. The application shall be in such form as required by Township ordinances, and the applicant shall pay such fees and costs as are required therein. No application shall be submitted unless an applicant has a cellular provider to accompany the tower or antenna proposed. The applicant shall name the carrier that shall operate at the proposed tower or site.

(c) In addition to all such information and documentation as is generally required by the Board, the applicant shall also submit the information required pursuant to Subsection F(2)(a) and (c) hereof.

(d) The Board shall review the application for approval and determine if the proposed use complies in particular with Subsections C and F(2)(d) and (e) as well as all other requirements hereof.

(e) In connection with any such application, the Board shall, in order to encourage the use of monopoles, permit reconstruction of any existing tower to monopole construction, when such construction results in the elimination of a self-supporting lattice or gantry-type tower.

(2) List of permitted conditional uses. The following conditional uses may be approved by the Planning Board after public hearing and review.

(a) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any HC, HD-1, HD-2 or SED, provided that a licensed professional engineer certifies the tower can structurally accommodate the number of shared providers of services proposed by the applicant; the Planning Board concludes the tower is in conformity with the goals set forth in Subsection A and the requirements of Subsection C; the tower meets the setback requirements in Subsection F(2)(d) and separation distances in Subsection F(2)(e); and the tower meeting the following height and usage criteria:

[1] For single provider, up to 90 feet in height;

[2] For two providers, up to 120 feet in height; and

[3] For three or more providers, up to 150 feet in height.

(b) Locating antennas on existing structures or towers consistent with the terms of Subsection E(2)(b)[1] and [2] below.

[1] Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Planning Board as a conditional, accessory use, provided that:

[a] The antenna does not extend more than 10 feet above the highest point of the structure;

[b] The antenna complies with all applicable FCC and FAA regulations; and

[c] The antenna complies with all applicable Building Codes.[1]

[1] Editor's Note: See Ch. 108, Construction Codes, Uniform.

[2] Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Planning Board, and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:

[a] A tower which is modified or reconstructed to accommodate the collocation of additional antennas shall be of the same tower type as the existing tower or reconstructed as a monopole.

[b] Height.

[i] An existing tower may be modified or rebuilt to a taller height, not to exceed 10 feet over the tower’s existing height, to accommodate the collocation of an additional antenna but in no event shall such tower exceed 150 feet in height.

[ii] The additional height referenced in Subsection E(2)(b)[2][b][i] above shall not require any additional distance separation as set forth in Subsection F hereof. The tower’s premodification height shall be used to calculate such distance separations.

[c] On-site location.

[i] A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location, but in no case be located so as to cause any variation in the zone requirements.

[ii] After the tower is rebuilt to accommodate collocation, only one tower may remain on that site.

[iii] The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection F(2)(e) shall only be permitted as approved by the reviewing board.

(c) Installing a cable microcell network through the use of multiple low-powered transmitters/receivers attached to existing wireline systems, such as conventional cable or telephone wires, or similar technology that does not require the use of towers.

F. Requirements for approval as a conditional use.

(1) General. The following provisions shall govern the approval by the Planning Board of any towers or antennas as a permitted conditional use:

(a) If the tower or antennas is not a permitted use under Subsection D(2) of this section, then approval by the Planning Board as a permitted conditional use shall be required for the construction of a tower or the placement of an antenna in those specific zoning districts where same may be permitted as a conditional use in accordance with such conditions and requirements as are set forth under Subsection E.

(b) Applications for conditional use approvals under this subsection shall be subject to the procedures and requirements for site plan approval as set forth in this chapter,[2] except as modified and supplemented hereby.

[2] Editor's Note: See Art. XII, Standards and Procedures for Site Plan Review.

(c) In granting approval for any such conditional use, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

(d) Any information of an engineering nature whether civil, mechanical, or electrical that the applicant submits either in writing or in sworn testimony before any land use agency shall be certified and/or sworn to by a professional engineer currently licensed by the State of New Jersey.

(e) An applicant for a conditional use approval shall submit not only the information as generally required for application to a land use agency of the Township, by all such information as is described herein following.

(2) Towers.

(a) Information required. In addition to any information required for applications pursuant to the Land Development Ordinances of the Township, applicants for an approval to permit a tower as a permitted conditional use shall submit the following information:

[1] A scaled site plan clearly indicating the location, type and height of the proposed tower; propagation location map justifying the proposed antenna locations; 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 F(2)(e); adjacent roadways; proposed means of access; setbacks from property lines; elevation drawings of the proposed tower and any other structures; topography; parking; and other information deemed by the Planning Board to be necessary to assess compliance with this section.

[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, unplatted residentially owned properties, public parks, schools and child/day-care centers.

[4] The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection C(3) shall be shown on the 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, height, species, number, spacing and quantities.

[6] Method of fencing, and finished color, height, and if applicable, the method of camouflage and illumination.

[7] A description of compliance with Subsection C(3), (4), (5), (6), (7), (10), (12), and (13), F(2)(d), F(2)(e) and all applicable federal, state or local laws.

[8] A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

[9] Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

[10] A description of the suitability of the use of the 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 new tower.

[11] A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitation in the event the proposed tower is erected.

(b) Factors considered in granting conditional use approval for towers. In addition to any standards for consideration of applications for development pursuant to this chapter, the Planning Board shall consider the following factors in determining whether to approve a tower as a permitted conditional use:

[1] Height of the proposed tower;

[2] Proximity of the tower to residential structures and residential district boundaries;

[3] Nature of uses on adjacent and nearby properties;

[4] Surrounding topography;

[5] Surrounding tree coverage and foliage;

[6] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

[7] Proposed ingress and egress; and

[8] Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection F(2)(c) hereof.

(c) Collocation: availability of suitable existing towers, or other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that there is no alternative technology that does not require the use of towers or structures and there is no existing tower or structure available that can accommodate the applicant’s proposed antenna via collocation. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures and alternative technology. Documentation submitted to demonstrate that there is not alternative technology that does not require the use of towers or structures and there is not existing tower or structure available that can accommodate the applicant’s proposed antenna may consist of, but not be limited to, any of the following:

[1] No existing towers or structures are located within the geographic area that meets the applicant’s engineering requirements.

[2] Existing towers or structures are not of sufficient height to meet the applicant’s engineering requirements.

[3] Existing towers or structures do not have sufficient structural strength to support the applicant’s proposed antenna and related equipment.

[4] The applicant's proposed antenna would cause performance degradation of the existing towers or structures or the antenna on the existing towers or structures and 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. Documented costs exceeding new tower development shall be presumed unreasonable.

[6] The applicant demonstrates that there are other material 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.

(d) Setbacks. The following setback requirements shall apply to all towers for which approval as a conditional use is required:

[1] Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining nonresidential lot line.

[2] The height of a tower shall not exceed a distance equal to the distance between the tower base and any lot line coexistent with a residential use or residential zone line.

[3] Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

[4] In order to encourage collocation as opposed to new tower construction, no setback requirements shall be required for a collocation of antennas upon an existing tower or structure.

(e) Separation. The following separation requirements shall apply to all towers and antennas for which approval as a conditional use 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 Table 1, except as otherwise provided in Table 1.

[b] Separation requirements for towers shall comply with the minimum standards established in Table 1.

Table 1 Required Tower Setback Distances
Off Site Use/Designated Area	Separation Distance
Single-family or duplex residential units1	200 feet or 2 times the height of the tower2, whichever is greater
Vacant, single-family, or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 2 times the height of the tower2, whichever is greater
Vacant unplatted residentially zoned lands3	200 feet or 2 times the height of the tower2, whichever is greater
Existing multifamily residential uses greater than duplex units	200 feet or 2 times the height of the tower2 from the exterior or the closest existing residential structure, whichever is greater
Public parks, schools, child/day-care centers except such uses located in the HC, HD-1, HD-2 and SED zones	200 feet or 2 times the height of the tower2, whichever is greater
Nonresidentially zoned lands or nonresidential uses other than the uses above listed	None; only setbacks apply

¹ Includes modular homes and mobile homes used for living purposes.

² Separation measured from base of tower to closest building setback line.

³ Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.

[2] Separation distances between towers.

[a] Separation distances between towers shall be applicable for and measured between the proposed towers and preexisting 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 in Table 2.

Table 2 Required Tower Separation Distances (in linear feet)
Existing Tower Types
	Lattice	Guyed	Monopole or Cellular/PCS 75 feet in Height or Greater	Monopoles Less than 75 feet in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole or Cellular/PCS 75 feet in height or greater	1,500	1,500	1,500	750
Monopole less than 75 feet in height	750	750	750	750

[3] Separation distances between towers for collocation projects. In order to encourage shared use through collocation, the tower separation distance required for collocation applications shall be 50% of the separation distances established in Table 2 above.

(f) 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. In no instance shall barbed or concertina wire be permitted.

(g) Landscaping. The following requirements shall govern the landscaping surrounding towers for which an approval as a conditional use is required:

[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 or is residentially zoned. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound and eight feet high.

[2] Any existing tree growth of four inches caliper or greater, shall be inventoried prior to clearance. All trees removed of four inches caliper or greater shall be replaced on a one-to-one basis with indigenous replacement species.

[3] Existing mature free 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.)

G. Buildings or other equipment storage.

(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

(a) the cabinet or structure shall not contain more than 50 square feet of gross floor area or be more than seven feet in height.

(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment structures shall not occupy more than 10% of the roof area.

(c) Equipment storage buildings or cabinets shall comply with all applicable Building Codes.[3]

[3] Editor's Note: See Ch. 108, Construction Codes, Uniform.

(2) Antennas mounted on utility poles or light poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

(a) The equipment cabinet or structure shall be no greater than the 10 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with a planted height of eight feet. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence equal in height to the equipment cabinet or structure or an evergreen hedge with a planted height of eight feet.

(3) Antennas located on towers. 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 requirements of the zoning district in which located.

H. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period shall be considered abandoned, and the owner of such antenna or tower shall remove same within 60 days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower, or request a hearing, within said 60 days shall be grounds to remove the tower or antennas 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.

I. Nonconforming uses.

(1) Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2) Preexisting tower. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

(3) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Section H, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt upon obtaining site plan approval from the appropriate land use agency with appropriate jurisdiction. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable Building Codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained, or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.

J. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA

Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BUFFER AREA

The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and ancillary facilities and adjacent lot lines and/or land uses.

CAMOUFLAGE TECHNIQUES

Man-made trees, clock towers, bell steeples, flagpoles and similar alternative-design mounting structures that conceal the presence of antennas or towers.

CARRIER

A company that provides wireless services.

COLLOCATION

When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

MONOPOLE

The type of antenna mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed on top.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

K. Placement of small cell facilities and wireless poles in the public right-of-way:

[Added 6-12-2018 by Ord. No. O-18-10]

(1) Purpose.

(a) The purpose and intent of this section is to:

[1] Establish a local policy concerning small cell equipment and wireless poles.

[2] Conserve the limited physical capacity of the public rights-of-way held in public trust by the Township and the county.

[3] Assure that any and all telecommunications carriers providing telecommunications services in the Township through small cell equipment and wireless poles comply with the laws, rules and regulations of the Township.

[4] Assure that the Township can continue to fairly and responsibly protect the public health, safety and welfare.

[5] Enable the Township to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

(b) This section shall supplement § 188-98, telecommunications facilities, by establishing guidelines for the placement of small cell facilities and wireless poles in the public right-of-way. This section is intended to be in addition to, and not in lieu of, any other statutes, rules and regulations applicable to small cell facilities and wireless poles. Nothing herein shall abrogate any federal, state, or local regulation applicable to small cell facilities and wireless poles, including, without limitation, the provisions of Chapter 188 governing land use in the Township of Howell.

(2) Definitions. As used in this chapter, the following terms shall have the following meanings:

ALTERNATIVE TOWER FACILITY

An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennas and can be used to house or mount a personal wireless telecommunications service antenna. Examples include man-made trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures.

ANTICIPATED MUNICIPAL EXPENSES

The cost of processing an application to place small cell equipment or wireless poles in the public right-of-way, including, but not limited to, all professional fees such as engineer and attorney costs.

APPLICANT

The person or entity seeking to place small cell equipment or wireless poles within the public right-of-way.

EXISTING POLE

A wireless pole, or pole owned by an incumbent local exchange carrier, competitive local exchange carrier, electric distribution company or other company that is in lawful existence within the public right-of-way. It shall not include an antenna, monopole, or preexisting towers and preexisting antennas, as those terms are defined in § 188-98J herein.

MUNICIPAL FACILITIES

Any property, both real and personal, including physical installations in the public right-of-way that is owned by the Township of Howell.

PERSONAL WIRELESS SERVICE

A type of "commercial mobile radio service" (as that term is defined in 47 CFR 20.3) as listed at 47 CFR 20.9(a)(11) and as defined at 47 CFR 24.5, and provided by the use of "personal wireless service facilities" (as such phrase is defined in Section 704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 State 56 (1996), partially codified at 47 U.S.C. 332(c)(7)(C)(ii).

PROFESSIONAL SURVEY

A raised seal stamped survey completed by a duly licensed surveyor.

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 Township or county as an easement or in fee simple ownership, or any other area that is determined by the Township or county to be a right-of-way in which the Township may allow the installation of small cell equipment and wireless poles or other telecommunications facilities.

SMALL CELL EQUIPMENT and SMALL CELL FACILITY

Any of the following that are attached, mounted or installed on an existing pole or wireless pole in the public rights-of-way and used to provide personal communications services:

(a) Wireless Facilities and transmission media, including femtocells, picocells and microcells;

(b) Outside distributed antenna systems (ODAS);

(c) A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended as of August 6, 2014; or

(d) A wireless service facility that meets both of the following qualifications:

[1] 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

[2] 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, back-up power systems, grounding equipment, power transfer switch, and cutoff switch.

SMALL CELL NETWORK

A collection of interrelated small cell facilities designed to deliver wireless service.

TELECOMMUNICATIONS

The transmission by wire, radio, optical, or any electromagnetic system, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

TELECOMMUNICATIONS CARRIER

Any provider of telecommunications services.

TELECOMMUNICATIONS FACILITY

Any structure or device used for the purpose of providing, supporting, enabling, or otherwise facilitating telecommunications, including, but not limited to, small cell equipment, wireless poles, as defined herein.

TELECOMMUNICATIONS SERVICE(S)

The offering of telecommunications to the public, regardless of the telecommunications facilities used.

TOWNSHIP COUNCIL

The Township Council of the Township of Howell.

TOWNSHIP ENGINEER

The person appointed to be Township Engineer for the Township of Howell pursuant to N.J.S.A. 40A:9-140.

WIRELESS POLE

A column or post lawfully located in the public right-of-way used solely to support small cell equipment and/or provide personal wireless service.

ZONE, NONRESIDENTIAL

The zones designated in Article X of Chapter 188 of the Revised General Ordinances of the Township of Howell as zones HC, NC, HD1-3, and SED.

ZONE, RESIDENTIAL

Any zones permitting single-family, two-family, or multifamily residences, assisted-living residences, nursing homes, and/or residential health care facilities.

(3) Applicability.

(a) Any telecommunications carrier wishing to place small cell equipment, and/or wireless poles in the public right-of-way must first enter into a master license agreement with the Township of Howell. The placement of specific small cell equipment onto existing poles or the erection of wireless poles shall require the issuance of a supplemental license from the Township Council based on recommendations by the Township Engineer.

(b) If the Township's land use and development ordinances require site plan approval, or the approval of any variances from the Township Planning and Zoning Board, the applicant shall be required to secure any approvals and/or variances following the grant of a license under this chapter. A Planning and Zoning Board application for the construction, installation, or location for telecommunications facilities shall not be deemed complete until a license under this chapter is granted by the Township.

(c) Co-location. The shared use of existing freestanding or roof-mounted facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers.

[1] No application to construct a new freestanding or roof-mounted personal wireless telecommunications service facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the Township 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 facilities are located within the geographic area required to meet the applicant's coverage demands.

[b] Existing facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.

[c] Existing facilities or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.

[d] Existing facilities or structures 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.

[2] No telecommunications carrier or operator shall unreasonably exclude a telecommunications competitor from using the same facility or location. Upon request by the Township, the owner or operator shall provide evidence and a written statement to explain why co-location is not possible at a particular facility or site.

[3] If a telecommunications competitor attempts to co-locate a personal wireless telecommunications service facility on an existing or approved facility or location, and the parties cannot reach an agreement, the Township may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of co-location.

[4] Applications for new freestanding personal wireless telecommunications facilities shall provide evidence that the facility can accommodate co-location of additional carriers.

[5] A telecommunications carrier who is issued a license pursuant to this section who wishes to add, supplement, or modify the Telecommunications Facility for which the license was previously 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 if the addition, supplement or modification does not materially change the overall size, dimensions or appearance of the Telecommunications Facility.

[6] Any person who desires a license pursuant to this section shall file an application with the Township Manager. The application shall include the following information:

[a] The identity of the license applicant, including all affiliates of the applicant.

[b] A description of the telecommunications services that are or will be offered or provided.

[c] A description of the Telecommunications Facility(ies).

[d] A description of the transmission medium that will be used by the licensee to offer or provide telecommunications services.

[e] Preliminary engineering plans, a survey, specifications, and a network map of the Telecommunications Facility to be located within the Township, all in sufficient detail to identify:

[i] The location and route requested for the applicant's proposed Telecommunications Facility.

[ii] The location of all antennas, cells and nodes for the applicant's proposed Telecommunications Facility.

[iii] 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) Federal requirements. All personal wireless telecommunications facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate personal wireless telecommunications service facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of Township approvals and removal of the facility at the owner's expense.

(f) Safety standards. All personal wireless telecommunications facilities shall conform to the requirements of the International Building Code and National Electrical Code, as applicable.

(g) Abandonment. Personal wireless telecommunications facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six months shall be removed by the facility owner. Should the owner fail to remove the facilities, the Township may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the County Treasurer for collection as taxes. If an owner wishes to begin utilizing abandoned equipment again, it must submit a new application pursuant to § 188-98K(5).

(h) Third-party review.

[1] Telecommunications carriers 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 Township may require such a technical review to be paid for by the applicant for a Telecommunications Facility. The selection of the third-party expert may be by mutual agreement between the applicant and the Township or at the discretion of the Township, 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 facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

[a] The accuracy and completeness of the submission.

[b] The applicability of analysis techniques and methodologies.

[c] The validity of conclusions reached.

[d] 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.

[e] Information to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and telecommunications services described in the application.

[f] 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.

[g] 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.

[h] Information to establish that the proposed telecommunications facility conforms to the requirements of the International Building Code and National Electrical Code, as applicable.

[i] Any specific technical issues designated by the Township.

[2] Based on the results of the third-party review, the Township may require changes to the application for the facility that comply with the recommendation of the expert.

(4) Master license agreement.

(a) A master license agreement entered into pursuant to this chapter shall include the following provisions:

[1] The term shall not exceed 25 years.

[2] The following conditions shall apply to the issuance of site-specific supplemental licenses for:

[a] Small cell equipment.

[i] The proposed installation must not be in excess of the height of the existing pole, before the installation, plus six feet.

[ii] The proposed installation shall be constructed, finished, painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.

[iii] The proposal must include an engineer's certification verifying the structural integrity of the pole.

[iv] The placement of equipment cabinets along with any small cell equipment installation must conform to the following requirements:

[A] For sites located within nonresidential zones, no pole-mounted small cell equipment may project beyond the side of the pole more than 30 inches.

[B] Except for in a flood zone, no ground-mounted small cell equipment may exceed seven feet in height, occupy more than 36 square feet of ground area, be located more than 15 feet from the existing pole, may comply with required sight triangles and breakaway design in accordance with AASHTO regulations. However, the applicant may seek relief from this requirement from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d)(1).

[v] No small cell equipment shall be placed within 500 feet of an existing small cell equipment installation. This shall not preclude the co-location of two such facilities on the same pole, or within the same vault.

[vi] The cumulative size of a small cell equipment installation for any one site shall not exceed 20 cubic feet.

[3] Wireless poles.

[a] Wireless poles are not permitted in residential zones that, as of June 30, 2018, do not have wooden utility poles of any kind already installed. However, the applicant may seek relief from this requirement from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70(d)(1).

[b] Wireless poles shall be of the same type (i.e., wooden, steel) as the existing utility poles located on either side of it and shall not be higher than 115% of the average height of the existing utility poles within 500 feet, but in no event higher than 60 feet in height, and no antenna or attachment shall extend more than six feet above said utility pole. If there are no existing utility poles in the public right-of-way within 500 feet of the proposed utility pole, the carrier shall submit a plan for a proposed stealth structure for review and approval of the Township Engineer.

[c] Wireless poles are not permitted in areas with underground utilities. However, the applicant may seek relief from this requirement from the appropriate authorities.

[d] The height of the wireless pole, including the small cell equipment installation, cannot be any more than six feet higher than the height of the two nearest existing poles.

[e] The proposed wireless pole shall be constructed, finished, painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.

[f] No wireless pole may be spaced less than 500 linear feet from another existing pole or proposed wireless pole that is capable of supporting small cell equipment. However, this requirement may be administratively waived for wireless poles that are proposed to be placed within nonresidential zones where the proposal is determined to be aesthetically consistent with the surrounding streetscape.

[g] The applicant must demonstrate that the wireless pole has received all necessary historic preservation reviews.

[h] The wireless pole cannot exceed 60 feet, or the maximum permitted height of the particular zone in which it is to be located, whichever is taller. However, the applicant may seek relief from this requirement from the Zoning Board of Adjustment.

[i] The wireless pole cannot be placed in such a way that it encroaches upon or blocks sight triangles as defined in § 188-28 herein.

[j] The applicant must demonstrate that the proposed small cell equipment cannot be co-located.

(5) Application process.

(a) Location. Small cell facilities that cannot be co-located are permitted in Township rights-of-way, upon facilities in these rights-of-way and on public easements owned by the Township under the following priority:

[1] First, on a Township-owned utility pole, which shall be removed and replaced with a pole designed to contain all antennas and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the Township.

[2] Second, a Township-owned utility pole with attachment of the small cell facilities in a configuration approved by the Township.

[3] Third, on a third-party owned utility pole (with the consent of the owner thereof), with attachment of the small cell facilities in a configuration approved by the Township.

[4] Fourth, on a traffic signal pole or mast arm in a configuration approved by the Township, or in the case of a DOT facility, by DOT.

[5] Fifth, on a freestanding or ground-mounted facility which meets the definition of and requirements for an alternative tower facility in a location and configuration approved by the Township.

(b) Application process.

[1] Survey. Every applicant must provide the Township with a professional survey demonstrating that the area on which it proposes to place small cell equipment and/or a wireless pole is located within the public right-of-way. The applicant must also provide easting and northing coordinates in state plane for inclusion in a GIS inventory.

[2] Small cell equipment. The Township Engineer shall review all applications and make a recommendation to the Township Council as to whether a supplemental license should be issued.

[3] Wireless poles. The Township Engineer shall review all applications and make a recommendation to the Township Council as to whether a supplemental license is in compliance with the terms of this Subsection K and the master license agreement and may therefore be issued.

[4] Any denial of a supplemental license must be in writing and provide the facts upon which such a denial is based.

(c) An application for a license under this section shall be accompanied by a payment of a fee of $500.

(d) Pursuant to N.J.S.A. 54:30A-124, the Township shall recover reasonable fees for actual services incurred in the review of all applicants under this section. The applicant shall make a deposit of $2,000 toward anticipated municipal expenses which shall be placed in an escrow account. If said escrow account contains insufficient funds to enable the Township 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 30 days, post a deposit to the account in an amount to be mutually agreed upon.

(e) An applicant, upon receiving a supplemental license for the placement of small cell equipment or a wireless pole in the public right-of-way, may proceed in requesting all other necessary street opening permits and building permits and, upon receiving same, may proceed with construction. Applicants must comply with all other state and federal laws, rules and regulations along with any other applicable local ordinances.

(6) Assignment or transfers 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 Township as expressed by resolution.

(7) General indemnification of Township in connection with telecommunications facilities. Each license grantee shall indemnify and hold the Township 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.

(8) Revocation or termination of license.

(a) The Township may revoke a license granted under this chapter for the following reasons:

[1] Construction or operation without a license.

[2] Construction or operation at an unauthorized location.

[3] Unauthorized substantial transfer of control of the grantee.

[4] Unauthorized assignment of a license.

[5] Unauthorized sale, assignment or transfer of grantee's assets, or a substantial interest therein.

[6] Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Township.

[7] 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 Township may do so at its option, and the costs thereof shall be a charge against the owner.

[8] Insolvency or bankruptcy of the grantee.

[9] Material violation of the Township's Revised General Ordinances.

(b) In the event that the Township 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:

[1] That corrective action has been or is being actively and expeditiously pursued to remedy the violation or noncompliance; and

[2] That rebuts the alleged violation or noncompliance; and

[3] That it would be in the public interest to impose some penalty or sanction less than revocation.

(c) The Township 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.

(9) Notification required.

(a) Any telecommunications carrier who desires to change existing use, construct, install, operate, maintain, or otherwise locate a Telecommunications Facility in the Township shall provide notice to property owners certified by the Township Manager to be within 200 feet of the proposed Telecommunications Facility.

(b) 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 United States Postal Service; and

(c) 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 Township Manager and may be reviewed by the public.

(d) Such other and further information as may be required by the Township Manager.

(e) 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.

(f) This subsection shall be in addition to and not in lieu of any notice provisions set forth in statute, rule or regulation.

§ 188-98.1 Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.

[Added 12-15-2009 by Ord. No. O-09-59][1]

A. Purpose. The purpose of this section is to establish general guidelines and standards for commercial breeders, dog kennels, shelters, pounds, dog training facilities, and pet shops to maintain consistency with the definitions and compliance requirements of the Township of Howell Ordinances, N.J.S.A. 4:19-15,[2] N.J.A.C. 8:23A, and N.J.S.A. 56:8-93, and to guide the appropriate use or development of commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops in the Township of Howell in a manner which will promote the public health, safety and general welfare to the greatest extent possible. The goals are to:

(1) Protect the health, safety and general welfare of Howell Township residents and businesses from potential adverse impact, irresponsible ownership and operation of commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.

(2) Encourage commercial breeders, dog kennels, shelters, pounds, dog training facilities, and pet shops to be located on adequate-sized properties in areas of the Township and to locate them in appropriate zones and at appropriate distances from each other, where any adverse impact on the community is minimal.

(3) Protect dogs by regulating the number of dogs allowed on a particular piece of property ensuring adequate open space for exercise and appropriate shelter, protect dogs by enforcement of inspection and licensing requirements by the Township of Howell, Monmouth County Health Department, and the State of New Jersey, and provisions for pet solid waste removal and disposal.

(4) To recognize that dogs are not "livestock" within the meaning of the Township of Howell's "agricultural use" definition.[3]

[3] Editor's Note: See § 188-4 Definitions and rules of general applicability.

(5) Any existing duly licensed kennels, by the state or appropriate local authority, dog training facilities and pet shops, shall be treated as preexisting nonconforming or conforming, as the case may be, uses in accordance with the Municipal Land Use Law.[4] Any existing facility not licensed by the state or local authority must obtain the appropriate license or approvals from the appropriate local authority within six months of the adoption of this section.

[4] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2] Editor's Note: N.J.S.A. 4:19-15 was repealed by L.1941, C. 151, p. 506, § 28. See now N.J.S.A. 43:19-5.17.

B. Conditional use. Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops shall be permitted conditional uses in the SED Zone, HD-1, HD-2 and HD-3 Zones.

C. General requirements. The following requirements and standards shall apply to all permitted conditional use commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops:

(1) For the purposes of maintaining consistency with the New Jersey Administrative Code regarding licensing and enforcement of such facilities, a pet shop must comply with all local and statutory regulations governing a kennel.

(2) For the purposes of maintaining consistency with the New Jersey Administrative Code and New Jersey Statutes regarding licensing and enforcement of such facilities, a commercial breeder must meet the licensing and regulatory requirements of a kennel as set forth in N.J.A.C 8:23A et seq.

(3) Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter, pound, dog training facility, or who is a commercial breeder as defined herein, shall apply to the Township Clerk for a license entitling him or her to keep or operate such establishment in accordance with Township Ordinance § 57-5.

(4) Commercial breeders, kennels, shelters, pounds, and pet shops shall comply with the provisions of Howell Township Ordinance § 57-7, Regulations, as well as all state statutes regulating kennels.

(5) A certificate of inspection, issued for the current licensing year by the local health authority indicating compliance with N.J.A.C. 8:23A-1.2 is required for all facilities.

(6) Commercial breeders/owners, kennels, shelters, pounds, dog training facilities and pet shops shall require site plan approval from the Planning Board or Zoning Board of Adjustment in the Township of Howell. The site plan must be provided in accordance with adequate provisions for buffering, landscaping, parking, and lighting, at a minimum. Additionally, all new applicants must demonstrate they have adequate septic disposal systems to accommodate for additional waste water for cleaning in accordance with N.J.A.C. 7:9A et seq.

(7) All facilities for dogs shall be maintained in good repair, to protect the animals from injury, to contain the animals, to restrict the entrance of other animals; and location, construction, arrangement and operation shall not constitute a nuisance. Facilities must meet the following minimum standards, and those other applicable requirements established in N.J.A.C. 8:23A-1.3:

(a) Reliable and adequate electric power and adequate potable water shall be available.

(b) Facilities, such as washroom, basins or sinks, shall be provided in the facility to maintain cleanliness among animal caretakers; hot and cold water, soap, and towels shall be provided. Toilet facilities shall be provided in the facility or nearby on the premises and shall be kept clean and in good repair.

(c) Indoor and outdoor housing facilities for animals shall be sufficiently heated when necessary to protect the animals from cold, and to provide for their health and comfort. Indoor and outdoor housing facilities must meet the requirements of N.J.A.C. 8:23A-1.4 and 8:23A-1.5.

(d) The site plan shall contain detailed proposals for buffer areas, and comply with the provisions of Howell Township Ordinance § 188-63, Buffers and screening.

(e) All outdoor activities shall not be allowed within the front yard setback.

(f) All outdoor activities shall require a minimum distance of 150 feet from any adjacent residential dwelling.

D. Prohibited standards under this section.

(1) Veterinary services as a principal use are prohibited at the facility unless those services are required under a local, county or state statute to protect the health and welfare of dogs.

(2) Facilities solely for breeding of dogs for research are prohibited.

(3) Boarding of dogs at dog training facilities is prohibited.

(4) Retail sales of any dog product as a principal use at any facility defined herein other than a duly licensed pet store is prohibited.

[1] Editor's Note: For additional information, including definitions, see Ch. 57, Art. II, Domestic Animals.

§ 188-98.2 Billboards.

[Added 9-21-2010 by Ord. No. O-10-20; amended 11-1-2011 by Ord. No. O-11-40]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SIGN AREA

Total area devoted to conveying of the message, including the advertising surface and any framing, trim or molding but not including the support structure.

B. Purpose. The purpose of this section is to limit the location, form and placement of billboards to only specified areas of the Township and to ensure construction and placement is compatible with the need for a desirable visual environment, good civic design and arrangement, the well-being of residential areas, the safety of motorists and to prevent the location of facilities which may result in blight along transportation routes within the Township.

C. Billboards which have not either received an approval from the municipal Planning Board or Board of Adjustment or are the subject of a pending land use application before such boards on or before the date of the adoption of this ordinance[1] shall be prohibited in all zones.

[1] Editor’s Note: "This ordinance" refers to Ord. No. O-11-40, adopted 11-1-2011.

D. Any billboard which is the subject of a pending land use application before the Planning Board or Board of Adjustment or has received a site plan approval from either of those boards shall be deemed a permitted conditional use under the conditional use ordinance in effect at the time of submission. The billboard may be replaced at the location occupied, irrespective of its prohibition in the zone as long as such replacement is consistent with the requirements of the conditional use ordinance in place at the time of submission.

§ 188-98.3 Solar energy generation facilities.

[Added 5-24-2011 by Ord. No. O-11-13]

A. Minimum lot area: 65 acres.

B. PJM feasibility report.

§ 188-98.4 Gasoline station and convenience center.

[Added 12-13-2011 by Ord. No. O-11-47]

A. The location of any gasoline station and convenience center shall be limited to corner lots fronting on a state highway and with direct vehicular access from both the highway and the intersecting street or any other improved street with frontage along property so long as no less than two means of ingress/egress are provided.

[Amended 4-5-2022 by Ord. No. O-22-7]

B. Any gasoline station and convenience center which includes accessory on-premises food consumption shall limit the floor area devoted to such activities to 20% of the gross floor area of the principal building.

C. There shall be no drive-through facilities associated with the gasoline station and convenience center.

§ 188-98.5 Car washes.

[Added 6-14-2022 by Ord. No. O-22-22]

A. Car washes shall have frontage along Route 9 or Route 33.

§ 188-98.6 Warehousing.

[Added 6-14-2022 by Ord. No. O-22-22]

A. Maximum lot size is 10 acres.

B. Maximum building coverage is 30% of the developable portion of the lot (i.e., excluding environmental encumbrances such as, but not limited to, wetlands, buffers and riparian buffers).

C. Setbacks to principal structures shall be measured from the existing buffer required by this chapter, including, but not limited to, perimeter buffers and farmland buffers. Setbacks can overlap buffers imposed by outside agencies such as the New Jersey Department of Environmental Protection (i.e., wetlands or riparian buffers).

D. Connection to sanitary sewer is required. "Connection" shall mean sanitary sewer lines are built, available for connection and physically connected.

E. Solar-ready rooftops must be provided.

F. Outdoor storage, including trailer storage in a front yard, is prohibited. If located in a rear or side yard, the storage area must be fully screened.

G. Retail use shall be permitted as an accessory use to a permitted warehousing facility, provided the percent of floor area devoted to retail use shall be limited to 1,000 square feet or 5% of the gross floor area, whichever is less.

§ 188-98.7 Distribution.

[Added 6-14-2022 by Ord. No. O-22-22]

A. Maximum lot size is 10 acres.

B. Maximum building coverage is 30% of the developable portion of the lot (excluding environmental encumbrances such as, but not limited to, wetlands, buffers and riparian buffers).

C. Setbacks to principal structures shall be measured from the existing buffer required by this chapter, including, but not limited to, perimeter buffers and farmland buffers. Setbacks can overlap buffers imposed by outside agencies such as the New Jersey Department of Environmental Protection (i.e., wetlands or riparian buffers).

D. Connection to sanitary sewer is required. "Connection" shall mean sanitary sewer lines are built, available for connection and physically connected.

E. Solar-ready rooftops must be provided.

F. Outdoor storage, including trailer storage in a front yard, is prohibited. If located in a rear or side yard, the storage area must be fully screened.

§ 188-98.8 Automobile repair services/auto body.

[Added 6-14-2022 by Ord. No. O-22-22]

A. All repairs of vehicles shall be performed in a fully enclosed building.

B. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

C. No outdoor storage of damaged vehicles awaiting repairs shall be permitted in a front yard area.

D. All outdoor storage areas for vehicles shall be screened from public view by a fence of at least six feet in height, and a row of evergreen plantings.

E. All outdoor storage areas for vehicles shall be located at least 20 feet from any side or rear property line, and at least 50 feet from any adjacent residential property boundary.

F. All outdoor storage areas shall be made of concrete, not asphalt.

G. No vehicle sales are permitted.

§ 188-98.9 Trade contractor business.

[Added 6-14-2022 by Ord. No. O-22-22]

A. Minimum lot size shall be 40,000 square feet.

B. The maximum permitted size of a building devoted to a trade contractor business use shall be 20,000 square feet.

C. Outside storage of materials shall be set back a minimum of 10 feet from the side or rear property lines or the distance of the required buffer, whichever is greater, and shall be stacked no higher than 10 feet.

D. Outside storage shall be permitted in a rear yard only, and shall be screened from public view by a wall or fence at least six feet in height.

E. No more than 25% of the interior space shall be devoted to office use.

F. No greater than 10% of the interior space shall be used as a showroom for retail purposes.

G. In addition to general off-street parking requirements for office and warehouse uses, each trade contractor business shall provide additional off-street parking spaces for any fleet vehicles and associated employees.

H. All parking for any fleet vehicles shall be located in a side or rear yard only.

I. A buffer with a minimum width of 50 feet shall be provided along any property line which abuts a residential zone. The buffer shall be consistent with the requirements for buffers found within § 188-63.

§ 188-98.10 Landscape business.

[Added 6-14-2022 by Ord. No. O-22-22]

A. Minimum lot size shall be 40,000 square feet.

B. The maximum permitted size of a building devoted to a landscape business use shall be 10,000 square feet.

C. Outdoor storage of materials shall be limited to a maximum area of 15% of the total lot area, and shall be set back a minimum of 15 feet from the side or rear property lines or the distance of the required buffer, whichever is greater.

D. Outside storage shall be permitted in a rear yard only, and shall be screened from public view by a wall or fence at least six feet in height.

E. All outdoor storage of landscaping materials such as mulch, seed, plants, sod, shrubs, pavers, gravel, topsoil or similar materials shall be within a practical side or rear yard only; all storage of loose materials shall be within designated bins as shown on approved site plan. At no time should any pile of loose material be greater than 10 feet in height. A setback of 15 feet or greater shall be required for all outdoor storage areas.

F. Under no circumstances shall any vegetative waste material (brush, trees, fill, soil) be stored on the property.

G. No recycling activities or processing of any materials shall be permitted on the site.

H. All outdoor storage areas are to be enclosed by a fence with a minimum height of six feet.

I. Retail sales of landscape materials shall not be permitted.

J. No more than 25% of the interior space shall be devoted to office use.

K. In addition to general off-street parking requirements for office and warehouse uses, each landscape business shall provide additional off-street parking spaces for any fleet vehicles and trailers and employees.

L. All parking for any fleet vehicles shall be located in a side or rear yard only.

M. A buffer with a minimum width of 50 feet shall be provided along any property line which abuts a residential zone. The buffer shall be consistent with the requirements for buffers found within § 188-63.

§ 188-98.11 Flex space.

[Added 12-12-2023 by Ord. No. 23-40]

A. No building containing flex space shall be larger than 75,000 square feet in area;

B. No single unit of flex space shall be larger than 60% of the building area or exceed 45,000 square feet in building area;

C. The building height of a flex space shall not exceed 32 feet;

D. All loading and unloading shall take place at loading docks to be located at the rear of the building. No more than one loading dock per 7,500 square feet of flex space shall be permitted;

E. No flex space shall operate any outdoor activity between the hours of 11:00 p.m. and 6:00 a.m., including tractor trailer deliveries;

F. Facades of all structures facing public streets, or which are located within 500 feet of a residential zone, shall be constructed of materials which are of brick, decorative masonry, or a combination of materials which will be compatible with uses in the area; rear of building architecture not within the requirements above need not comply with bump out requirements or treatment requirements;

G. No storage shall be permitted outside. No temporary storage units, storage pods or storage trailers shall be permitted. The overnight parking of vehicles associated with a flex space use shall be permitted, provided that such parking is identified on an approved site plan;

H. Trash receptacles and dumpsters shall be screened from public streets and adjacent residential uses utilizing masonry material similar to the facade of the building. Screening walls shall be a masonry material that is compatible with the character with the building facade.