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.
[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.
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.
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.
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.
[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.
[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:
C.
Location shall be only on collector or arterial roads as shown on
the Master Plan of the Township.
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]
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.
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.
A.
Maximum of one auction sale per week and not on consecutive
days shall be permitted.
B.
Minimum lot size shall be five acres.
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.
A.
ADULT BOOK STORE
HEAD SHOP
MASSAGE PARLOR
Definitions.
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.
An establishment providing as a substantial portion of its
business items or paraphernalia associated with the taking or dispensing
of controlled dangerous substances.
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.
[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.
(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.
(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:
(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:
[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.
[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.
(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.
(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.
[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
(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.
(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.
ANTENNA
BUFFER AREA
CAMOUFLAGE TECHNIQUES
CARRIER
COLLOCATION
MONOPOLE
PREEXISTING TOWERS AND PREEXISTING ANTENNAS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
Man-made trees, clock towers, bell steeples, flagpoles and
similar alternative-design mounting structures that conceal the presence
of antennas or towers.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
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.
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)
ALTERNATIVE TOWER FACILITY
ANTICIPATED MUNICIPAL EXPENSES
APPLICANT
EXISTING POLE
MUNICIPAL FACILITIES
PERSONAL WIRELESS SERVICE
PROFESSIONAL SURVEY
PUBLIC RIGHT-OF-WAY
SMALL CELL EQUIPMENT and SMALL CELL FACILITY
(a)
(b)
(c)
(d)
[1]
[2]
SMALL CELL NETWORK
TELECOMMUNICATIONS
TELECOMMUNICATIONS CARRIER
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS SERVICE(S)
TOWNSHIP COUNCIL
TOWNSHIP ENGINEER
WIRELESS POLE
ZONE, NONRESIDENTIAL
ZONE, RESIDENTIAL
Definitions. As used in this chapter, the following terms shall have
the following meanings:
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.
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.
The person or entity seeking to place small cell equipment
or wireless poles within the public right-of-way.
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.
Any property, both real and personal, including physical
installations in the public right-of-way that is owned by the Township
of Howell.
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).
A raised seal stamped survey completed by a duly licensed
surveyor.
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.
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:
Wireless Facilities and transmission media, including femtocells,
picocells and microcells;
Outside distributed antenna systems (ODAS);
A personal wireless service facility as defined by the Federal
Telecommunications Act of 1996, as amended as of August 6, 2014; or
A wireless service facility that meets both of the following
qualifications:
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
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.
A collection of interrelated small cell facilities designed
to deliver wireless service.
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.
Any provider of telecommunications services.
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.
The offering of telecommunications to the public, regardless
of the telecommunications facilities used.
The Township Council of the Township of Howell.
The person appointed to be Township Engineer for the Township
of Howell pursuant to N.J.S.A. 40A:9-140.
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.
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:
(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.
[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.
(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.
[Added 9-21-2010 by Ord. No. O-10-20; amended 11-1-2011 by Ord. No. O-11-40]
A.
SIGN AREA
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
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.
[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.
[Added 6-14-2022 by Ord.
No. O-22-22]
A.
Car washes shall have frontage along Route 9 or Route 33.
[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.
[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.
[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.
[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.
[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.
