A.
Before a construction permit or certificate of occupancy shall be
issued for any conditional use as permitted by the ordinance, application
shall be made to the Planning Board. The Planning Board shall grant
or deny said application within 95 days of submission of a complete
application by a developer to the Administrative Officer, or within
such further time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include
any required site plan review pursuant to this chapter. Public notice
and a hearing shall be required as stipulated in this chapter.
C.
In all requests for approval of conditional uses, the burden of proof
shall be on the applicant. The Planning Board shall give due consideration
to all reasonable elements which could affect the public health, welfare,
safety, comfort and convenience such as, but not limited to, proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrianways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and building structure location(s)
and orientation(s).
[1]
Editor's Note: Ordinance No. 26-2002 provided for the repeal
of Subsection B, Townhouses. Ordinance No. 15-2003, provided for the
repeal of Subsection C, Conditional uses.
[Added 4-12-1999 by Ord.
No. 8-1999]
A.
Purpose and intent. The purpose of this section is to establish guidelines
for the siting of wireless telecommunications towers and antennas
and ancillary facilities. 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 on Borough
owned property where appropriate or in other nonresidential areas;
(3) minimize the total number of towers throughout the community;
(4) strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers; (5) encourage the use of existing buildings, telecommunication
towers, light or utility poles, or water towers as opposed to construction
of new telecommunication 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) ensure that all telecommunication
facilities, including towers, antennas and ancillary facilities are
located and designed to minimize the visual impact on the immediate
surroundings and throughout the community by encouraging 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 public health and safety of telecommunication
towers; and (10) avoid potential damage to adjacent properties from
tower failure through engineering and careful siting of tower structures.
In furtherance of these purposes, the Borough of Spring Lake shall
give due consideration to the Borough of Spring Lake's master plan,
zoning map, existing land uses, and environmentally sensitive areas
in approving sites for the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANCILLARY FACILITIES
ANTENNA
BACKHAUL NETWORK
BUFFER AREA
CARRIER
COLLOCATION
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIPMENT SERVICES
GUYED TOWER
HEIGHT
LATTICE TOWER
MONOPOLE
MOUNT
(1)
(2)
(3)
(4)
PERSONAL WIRELESS SERVICE FACILITY
PREEXISTING TOWERS and PREEXISTING ANTENNAS
RADIO FREQUENCY RADIATION (RFR)
RADIO FREQUENCY (RF) ENGINEER
STEALTH DESIGN
TELECOMMUNICATION FACILITY
TELECOMMUNICATIONS or TRANSMISSION TOWER
WIRELESS COMMUNICATIONS
Definitions. As used in this section the following items shall have
the meanings indicated:
Manmade trees, clock towers, bell steeples, flagpoles, and
similar alternative-design mounting structures that camouflage or
conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunication systems including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
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 lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long-distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
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 Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
The Federal Communications Commission.
Cellular radio, personal communication service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower, which is supported or braced through the use of
cables (guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft
of wood steel or concrete and a platform (or racks) for panel antennas
arrayed at the upper portions of pole.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
ROOF-MOUNTEDMounted on the roof of a building.
SIDE-MOUNTEDMounted on the side of a building.
GROUND-MOUNTEDAntenna support (tower mounted on the ground).
STRUCTURE-MOUNTEDMounted on a structure other than a building.
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
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.
The emissions from personal wireless service facilities or
any electromagnetic energy within the frequency range from 0.003 MHZ
to 300,000 MHZ.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
A telecommunication facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment. (See "alternative tower structure.")
A facility designed and used for the purpose of transmitting,
receiving, and relaying voice and data signals from various wireless
communication devices including transmission towers, antennas and
ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunication facilities.
The monopole or lattice framework designed to support transmitting
and receiving antennas. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio signals are not transmission towers.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communication services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging, and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive only antennas, nor does it include noncellular telephone
service.
C.
Applicability.
(1)
New towers and antennas. All new telecommunications towers or antennas
in the Borough of Spring Lake shall be subject to these regulations.
(3)
District height limitations. The requirements set forth in this section
shall govern the location of telecommunications towers that exceed,
and antennas that are installed at a height in excess of, the height
limitations specified for each zoning district.
(4)
Public property. Antennas or towers located on property owned, leased
or otherwise controlled by the governing authority shall be encouraged,
provided a license or lease authorizing such antenna or tower has
been approved by resolution by the governing authority. Said approved
publicly owned site utilized for the purposes of constructing towers
and/or antennas shall be treated as engaging in a conditional use
under this section.
(5)
Amateur radio station operators/receive only antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under 50 feet in height and is owned and operated by a federally
licensed amateur radio station operator or is used exclusively for
receive only antennas.
(6)
Satellite dish antennas. This section shall not govern any parabolic
dish antennas used for transmission or reception of radio signals
associated with satellites.
D.
General requirements.
(1)
Principal or accessory use. Telecommunications antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other Borough land use regulation, a different existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be the principal
use.
(2)
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with zone 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)
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 and antennas into compliance with such revised
standards and regulations within 90 days 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.
(4)
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 and Telecommunications Industry
Association, as amended from time to time. Owner shall provide a certification
from a structural engineer, licensed by the State of New Jersey, certifying
the structural integrity of the tower not less than every two years.
If, upon inspection, the Borough of Spring Lake concludes that a tower
fails to comply with such codes and standards and constitutes a danger
to persons or property, then upon notice being provided to the owner
of the tower, the owner shall have 30 days to bring such tower into
compliance with such standards. Failure to bring such tower into compliance
within said 30 days shall constitute grounds for the removal of the
tower or antenna at the owner's expense.
(5)
No essential services. Telecommunications towers and antennas shall
be regulated and permitted pursuant to this section and shall not
be regulated or permitted as essential services, public utilities,
or private utilities.
(6)
Collocation required. The Borough of Spring Lake mandates that carriers collocate antennas on towers and other structures whenever possible. See Subsection G for collocation requirements.
(7)
Conditional use. All telecommunications facilities shall be conditional
uses in accordance with N.J.S.A. 40:55D-67.
(8)
Site plan required. Site plan approval shall be required for all
new telecommunications facilities in the Borough of Spring Lake including
modifications to or addition of new telecommunications facilities
to preexisting towers, buildings or other structures.
E.
Use regulations.
(2)
Conditional use standard. Wireless telecommunications facilities
may be permitted on the above-referenced lands, provided that:
(3)
Factors considered in granting conditional use permits.
(a)
In addition to the above standards, the Planning Board shall
consider the following factors in determining whether to issue a conditional
use permit:
[1]
Proximity of the tower to residential structures and residential
district boundaries;
[2]
Nature of uses on adjacent and nearby properties;
[3]
Surrounding topography;
[4]
Surrounding tree coverage and foliage;
[5]
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness
including stealth designs which are encouraged;
[6]
Availability of suitable existing towers, alternative tower
structures, other structures or alternative technologies not requiring
the use of towers or structures;
[7]
Availability of proposed tower to other potential carriers.
(b)
This list is considered to be illustrative in nature and may
not include all factors to be considered.
F.
Site design standards. The following site design standards shall
apply to wireless telecommunications facilities:
(1)
New towers:
(a)
Telecommunications towers may not be located closer than 50
feet to any residential property. Antennas located on preexisting
buildings or structures are exempt from this requirement.
(b)
Fall zone. A fall zone shall be established such that the tower
is set back 125% of the height of the tower from any adjoining lot
line or non-appurtenant building.
(c)
Security fencing. Towers shall be enclosed by security fencing
not less than six feet in height. Towers shall also be equipped with
appropriate anti-climbing measures.
(d)
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
[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 planned residences or any other
area frequented by the public. The standard buffer shall consist of
a landscaped strip at least 10 feet wide outside the perimeter of
the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
[2]
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the approving authority.
[3]
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible.
(e)
Ancillary buildings. Any proposed building enclosing related
electronic equipment shall not be more than 10 feet in height nor
more than 200 square feet in area, and only one such building shall
be permitted on the lot for each provider of wireless telecommunication
services located on the site. Such buildings must satisfy the minimum
zoning district setback requirements for accessory structures.
(f)
Aesthetic. Towers and antennas shall meet the following requirements:
[1]
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the FAA, be painted a neutral color
so as to reduce visual obtrusiveness.
[2]
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening,
and landscaping that will blend them into the natural setting and
surrounding buildings.
(g)
Lighting. No lighting is permitted except as follows, which
shall be subject to review and approval by the Planning Board as part
of the site plan application:
[1]
The building enclosing electronic equipment may have one light
at the entrance to the building, provided that the light is attached
to the building, is focused downward, properly shielded and is switched
so that the light is turned on only when workers are at the building;
and
[2]
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
(h)
Signs. No signs are permitted except those required by the Federal
Communications Commission, the Electronic Industries Association (ELIA)
and and/or the Telecommunication Industry Association (TIA) or by
law, such as warning and equipment information signs.
(i)
All ground-mounted telecommunication towers shall be self-supported
monopoles and must be capable of withstanding hurricane-force winds
of 140 miles per hour.
(2)
Antennas mounted on existing structures or roof tops.
(a)
Antennas on existing structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office,
utility or institutional structure in the GC Zoning District, provided
that:
[1]
Side- and roof-mounted personal wireless service facilities
shall not project more than 10 feet above the height of an existing
building or structure nor project more than 10 feet above the height
limit of the zoning district within which the facility is located.
Personal wireless service facilities may locate on a building or structure
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building or structure
height.
[2]
The antenna complies with all applicable FCC and FAA regulations.
[3]
The antenna complies with all applicable Building Codes.
[4]
The equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 40 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
(b)
Aesthetics. If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to or closely
compatible with the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(3)
Antennas on existing towers. An antenna may be attached to a preexisting
tower 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 an additional antenna shall be of the same tower type
as the existing tower, unless reconstruction as a monopole is proposed.
(b)
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this section.
(c)
On-site location.
[1]
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, subject to conformance with setback requirements.
[2]
After the tower is rebuilt to accommodate collocation, only
one tower may remain on the site.
(4)
Noise standards. Noise attenuation measures shall be included to
reduce noise levels at the facility to a maximum exterior level of
60 decibels. Backup generators may only be operated during power outages
and for testing and maintenance purposes.
G.
Collocation.
(1)
The Borough of Spring Lake requires that licensed carriers share
personal wireless service facilities and sites where feasible and
appropriate, thereby reducing the number of personal wireless service
facilities that are stand-alone facilities. All applicants for site
plan approval for an individual wireless service facility shall demonstrate
a good faith effort to collocate with other carriers. Such good faith
effort includes:
(a)
A survey of all existing structures that may be feasible sites
for collocating personal wireless service facilities;
(b)
Notification by certified mail of intent to seek site plan approval
to all the other licensed carriers for commercial mobile radio services
operating in the County; applicant shall provide proof of notification
to the Planning Board; and
(c)
Sharing information necessary to determine if collocation is
feasible under the design configuration most accommodating to collocation.
(2)
In the event that collocation is found to be not technically feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Borough Clerk and the Planning Board. The Borough
may retain a technical expert in the field of RF engineering to verify
if collocation at the site is not feasible or is feasible given the
design configuration most accommodating to collocation. The cost for
such a technical expert will be at the expense of the applicant. The
Borough may deny approval to an applicant that has not demonstrated
a good faith effort to provide for collocation.
(3)
If the applicant does intend to collocate or to permit collocation,
plans and elevations, which show the ultimate appearance and operation
of the personal wireless service facility at full build-out shall
be submitted.
H.
Location priorities. Wireless telecommunication facilities shall
be located and approved in accordance with the following prioritized
locations:
(1)
The first priority shall be an existing tower or an existing or proposed
water tower or standpipe owned by the Borough of Spring Lake or any
other public or private utility within or near the Borough of Spring
Lake.
(2)
The second priority shall be new towers on lands owned by the Borough
of Spring Lake or other public entity.
(3)
The third priority shall be an existing building in the GC Zoning
District.
(4)
The fourth priority shall be new towers on lands not owned by the
Borough of Spring Lake or other public entity located within the GC
Zoning District.
I.
Site plan submission requirements. In addition to the site plan submission
requirements, the following information shall be submitted in conjunction
with site plan approvals for all wireless telecommunication facilities:
(1)
Comprehensive service plan. In order to provide proper evidence that
any proposed location of wireless telecommunications antennas (and
any supporting tower and/or ancillary building enclosing related electronic
equipment) has been planned to result in the fewest number of towers
within the Borough of Spring Lake at the time full service is provided
by the applicant throughout the Borough, the applicant shall submit
a comprehensive service plan. Said comprehensive service plan shall
indicate how the applicant proposes to provide full service throughout
the Borough and, to the greatest extent possible, said service plan
shall also indicate how the applicant's plan is coordinated with the
needs of all other providers of telecommunication services within
the Borough of Spring Lake. The comprehensive service plan shall indicate
the following:
(a)
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Borough of Spring
Lake.
(b)
How the proposed location of the antennas relates to the location
of any existing wireless telecommunications facility within and/or
near the Borough of Spring Lake.
(c)
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Borough of Spring Lake by both the applicant and by other providers
of telecommunication services within the Borough of Spring Lake.
(d)
How the proposed location of the antennas relates to the objective
of collocating the antennas of different service carriers on the same
facility.
(e)
How the proposed location of the antennas relates to the overall
objective of providing full telecommunication services within the
Borough of Spring Lake while, at the same time, limiting the number
of towers to the fewest possible.
(2)
A scaled site plan clearly indicating the location, type and height
of the proposed tower, on-site land uses, structures and zoning, adjacent
land uses, structures and zoning (including when adjacent to other
municipalities), and all properties within the applicable fall zone,
adjacent roadways, proposed means of access, setbacks from property
lines, elevation drawings of the proposed tower and any other structure,
topography, parking and other information deemed by the Planning Board
and Borough Engineer to be necessary to assess compliance with this
section.
(3)
Legal description of the entire tract and leased parcel (if applicable).
(4)
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
(5)
The separation distance from other towers and antennas.
(6)
A landscape plan showing specific landscape materials including,
but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
(7)
Method of fencing and finished color and, if applicable, the method
of camouflage.
(8)
A description of compliance with all applicable federal, state or
local laws.
(9)
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
(10)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other telecommunication
sites owned or operated by the applicant in the immediate area of
the Borough.
(11)
A letter of commitment to lease excess space to other potential
users at prevailing market rates and conditions. The letter of commitment
shall be in form suitable for recording with the County Clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
(12)
A visual impact study containing, at a minimum, a photographic
simulation showing the appearance of the proposed tower, antennas,
and ancillary facilities from at least five points within a 1/2 mile
radius. Such points shall be chosen by the carrier with review and
approval by the Planning Board and their consultant to ensure that
various potential views are represented.
(13)
An analysis of the RFR levels at the facility as a means of
assessing compliance with the FCC RF safety criteria. This analysis
shall:
(a)
Take into consideration all collocated radio transmitting antennas
and/or nearby antennas that could contribute to RFR levels at the
facility.
(b)
Be performed by a RF engineer, health physicist or similar knowledgeable
individual.
(c)
Follow current methods recommended by the FCC for performing
such analyses.
J.
Monitoring and maintenance.
(1)
After the wireless telecommunications facility is operational, the
applicant shall submit, within 90 days of beginning operations, and
at annual intervals from the date of issuance of the building permit,
existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by an RF
engineer, stating that RFR measurements are accurate and meet FCC
guidelines as specified in the radio frequency standards of this section.[1]
[1]
Editor's Note: See § 225-33I(13) of this chapter.
(2)
The applicant and co-applicant shall maintain the personal wireless
service facility in good condition. Such maintenance shall include,
but shall not be limited to, painting, structural integrity of the
mount and security barrier, and maintenance of the buffer areas and
landscaping, fencing and parking areas, etc.
K.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Borough Clerk by certified United States mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunications facility shall be considered
abandoned upon discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, at the option of the
Borough, the carrier shall physically remove the personal wireless
service facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers for the subject property.
(b)
Proper disposal of the waste materials from the site in accordance
with local, county and state solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
(3)
If a carrier fails to remove a personal wireless service facility
in accordance with this section, the Borough shall have the authority
to enter the subject property and physically remove the facility.
The Planning Board will require the applicant to post a bond at the
time of approval to cover costs for the removal of the individual
wireless service facility and site restoration in the event the Borough
must remove the facility.
A.
Height. Except for detached single family dwellings and townhouse
dwellings permitted pursuant to this chapter, equipment penthouses
or other roof structures and ventilation equipment or similar equipment
required to operate the building, including the architectural features
screening such equipment, shall be permitted to exceed the maximum
height requirement by no more than four feet and such features and/or
architectural screening shall not exceed 20% of the maximum horizontal
cross section of the building. On detached single family dwelling
and permitted accessory structures, skylights, spires, cupolas, chimneys,
vent pipes, lightning rods, flagpoles, or similar structures may be
erected above the height limits prescribed by this chapter by no more
than five feet and further, provided the combined area of all such
projections shall not exceed ten percent and no single feature shall
exceed five percent of the total building footprint of the building
to which they are attached.
[Amended 4-10-2012 by Ord. No. 2012-005; 11-10-2015 by Ord. No. 2015-009]
B.
Parking of commercial vehicles in residential zones. One commercial
vehicle of a rated capacity not exceeding 3/4 ton weight and/or four
wheels, owned and used by a resident on the premises, shall be permitted
to be regularly parked or garaged on a lot in any residential district,
provided that said vehicle is parked in a side or rear yard area,
which area is relatively unexposed to neighboring properties. For
purposes of this chapter, a commercial vehicle is any vehicle containing
advertising matter intending to promote the interest of any business,
or any vehicle used in connection with the business, whether or not
said vehicle is registered as a commercial vehicle with the New Jersey
Motor Vehicle Commission.
C.
Parking and storage of boats and trailers in residential zones. Trailers,
boats or boat trailers which are 21 feet or more in length as measured
from outside dimensions, including hitching devices, shall be parked
or stored within an enclosed building at all times. Trailers, boats
or boat trailers less than 21 feet in length may be parked or stored
outside the confines of a building only in accordance with the following:
(1)
All trailers, boats or boat trailers shall be stored in side or rear
yard areas only; no trailer, boat or boat trailer shall be parked
or stored in the front yard area of a lot;
(2)
The area devoted to storage of boats or trailers shall not exceed
7% of the lot area or 400 square feet, whichever area is less;
(3)
Any trailer, boat or boat trailer parked in the side or rear yard
area of any lot shall meet the applicable zoning district regulations
governing setbacks of accessory buildings from property lines and
buildings; and
(4)
To obscure from view to the maximum extent possible, any trailer,
boat or boat trailer parked or stored in a side or rear yard area
and not in an enclosed building shall be screened by plantings between
four feet and six feet in height.
D.
Parking of disabled and/or unlicensed vehicles in all zones.[1] Disabled and/or unlicensed vehicles may not be stored in any zone except in an enclosed building, unless the vehicles are awaiting repair at a licensed public garage or unless the vehicles are new vehicles displayed at a licensed motor vehicle dealership and except further that up to one unlicensed vehicle, in need of repair, may be situated on any lot within the Borough for a period not exceeding two months, provided that said vehicle is located in side or rear yard areas only. (See definition of "junkyard" in § 225-7.)
E.
Prohibition of construction trailers. No person shall park or allow to be parked any construction trailer used in connection with a construction project, on any public or private property, be it a street, sidewalk, public parking area, or on the actual construction site within the Borough of Spring Lake, except between the hours of 8:00 a.m. to 6:00 p.m. Monday through Saturday. No construction trailers shall be allowed on Saturday from June 1 to September 30. Construction trailer shall be as defined as set forth in Chapter 286, Property Maintenance, Article III.
[Added 10-7-2002 by Ord.
No. 22-2002]
F.
Parking in front yard prohibited.
(1)
The parking of automobiles, buses, motorcycles, trailers and other
vehicles in the front yard of a lot (as hereinafter defined) within
the Borough is prohibited.
(2)
The term "front yard" is defined as an open unoccupied space on the
same lot with a building situated between the nearest roofed portion
of the building and the street line of the lot and extending from
side lot line to side lot line.
(a)
However, the term "front yard" is not intended to include a
depth in excess of the minimum requirements of this chapter.
(b)
The term "front yard" is not intended to include all or any
part of a driveway (paved or unpaved) leading either to a parking
area at the side or at the rear of a lot or to an attached or detached
garage.
