In addition to the standards set forth in Article
IV, Zone Regulations, and §
421-10, Schedule of Lot, Height and Yard Requirements, the following requirements for uses noted hereunder shall be adhered to. Whenever requirements found elsewhere in this chapter conflict with these regulations, the most stringent requirement shall prevail.
In the R-3 Low-Rise Multifamily Residential
Zone, townhouses or row houses shall be required to meet the following
regulations:
A. The maximum gross density shall be 10 units per acre.
B. The minimum setback from an internal street or driveway
to the property shall be 25 feet.
C. The minimum setback from all parking areas to the
property line shall be 15 feet.
D. A buffer strip of at least 15 feet shall be provided around the entire perimeter of the property. This buffer shall conform to the standards in §
349-7 of Chapter
349, Site Plan Review. The use of landscaped berms or decorative masonry walls can be utilized in lieu of an all-landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
E. The minimum setback of an internal street or driveway
to a building shall be 15 feet.
F. The minimum setback of a parking area to a building
shall be 10 feet.
G. The minimum distances between any two buildings on
the lot shall be as follows:
(1) Front to front, front to rear: 65 feet.
(3) Front to side or rear to side: 35 feet.
H. The minimum width of a townhouse or row house unit
shall be 20 feet.
I. The maximum number of units per building shall be
eight, and the maximum length of a building shall be 180 feet.
J. No building shall have more than two townhouse or
row house units without providing a facade setback of at least four
feet.
K. Each unit shall have at least two means of access
to the outside.
L. There shall be no direct access from driveways or
garages from any townhouse or row house unit or off-street parking
areas onto any public street.
M. An outdoor play area or sitting area of a minimum
of 50 square feet per unit with no aggregate of such space less than
400 square feet shall be provided on site.
N. Common areas of any tract utilized for a townhouse development which are not accepted by the city shall be deeded to a homeowners' corporation or association consisting of property owners within the development, as described in Subsection
T, Common ownership areas, of this section.
O. Only the land directly under each unit and land adjacent
thereto with an area not greater than 50% of said land under each
unit shall be sold in fee simple to the purchaser of the unit. All
other lands shall be under the ownership and responsibility of the
homeowners' association. All land other than that directly under each
unit shall be under the maintenance responsibility of the homeowners'
association.
P. All internal and external improvements found necessary
in the public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land, except that all curb-to-curb pavement widths
shall not be less than 30 feet. No building permit shall be issued
unless and until adequate performance guaranties of proper installation
of such improvements shall have been posted in accordance with municipal
ordinances or regulations.
Q. There shall be no direct access of driveways from
any dwelling unit onto any municipal street.
R. An internal system of sidewalks shall be provided.
Sidewalks shall be a minimum of four feet wide and shall service each
unit. Sidewalks shall provide access to the municipal street serving
the development, whether or not a sidewalk exists on that municipal
street.
S. Maintenance standards.
(1) All lands and structures not deeded and accepted by
the municipality shall be serviced and maintained by the owner or
homeowners' association, including but not limited to streets, playgrounds,
snow plowing, garbage and trash pickup, and other services. Police
and fire access shall be acquired according to law.
(2) Chapter
257 of the Code of the City of Rahway, entitled "Housing and Property Maintenance," shall govern the maintenance of all common areas of the development. The owner or organization established is responsible for the proper maintenance of the property.
T. Common ownership areas. All areas put into common
ownership for common use by all residents of the development shall
be owned by a nonprofit homeowners' association in accordance with
the following requirements:
(1) Deed restriction. The applicant shall deliver to the
City of Rahway for its approval appropriate documents establishing
deed restrictions prohibiting, in perpetuity, any land designated
for common open space from being used for any other purpose and all
other covenants and deed restrictions which will be contained in the
master deed and unit deed.
(2) Organization for common ownership required. The applicant
shall establish a legally constituted homeowners' association for
the ownership and maintenance of all common space and any streets
not accepted for dedication by the City of Rahway. This organization
shall not be dissolved nor shall it dispose of any common open space,
by sale or otherwise, except to another organization conceived and
established to own and maintain the common open space and nondedicated
streets.
(3) Rules of organizations. Any homeowners' association established in accordance with Subsection
T(2) above shall:
(a)
Be established before a certificate of occupancy
has been issued for any dwelling unit in the development.
(b)
Make membership automatic and mandatory for
each owner of a dwelling unit and any succeeding owner thereto, being
accomplished by the purchase of a dwelling unit in the development.
(c)
Guarantee access to all the common open space
to all persons legally residing in the development and limit that
access to the legal residents and their guests only. Every member
of the association shall have a right and easement of enjoyment in
and to the common open space.
(d)
Be responsible for liability insurance, taxes
and the maintenance of the common open space and undedicated streets.
The certificate of incorporation shall contain provisions so that
adequate funds will be available for maintenance.
(e)
Require owners of dwelling units to pay their
pro rata share of the costs listed above and provide that an assessment
levied by the organization shall have the same force and effect as
a debt or ground rent or lien against the real property.
(f)
Be able to adjust the assessment to meet changing
needs.
(4) Common open space maintenance. The documents establishing
or creating such organization shall provide a plan for the maintenance
of all common open space and undedicated streets in the development.
(5) The developer shall convey title to the common open
space area to the aforesaid homeowners' association at such time as
the aforesaid association is able to maintain the area or at such
time as may be designated by the Planning Board of the City of Rahway,
which date shall be consonant with the policy expressed herein.
In the R-3 Low-Rise Multifamily Residential
Zone and the B-4 Service Business Zone, low-rise apartments shall
be required to meet the following regulations:
A. The maximum gross density shall be 20 units per acre.
B. The minimum setback from an internal street or driveway
to the property line shall be 20 feet.
C. The minimum setback of all parking areas to the property
line shall be 15 feet.
D. In the R-3 Zone, a buffer strip of at least 15 feet shall be provided around the entire perimeter of the property. This buffer shall conform to the standards in §
349-7 of Chapter
349, Site Plan Review. The use of landscaped berms or decorative masonry walls can be utilized in lieu of an all-landscaped buffer. The use of a decorative wall and material to be used for the wall shall be at the discretion of the Planning Board.
E. The minimum setback of an internal street or driveway
to a building shall be 10 feet.
F. The minimum setback of a parking area to a building
shall be five feet.
G. The minimum distances between any two buildings on
the lot shall be as follows:
(1) Front to front, front to rear: 35 feet.
(3) Front to side or rear to side: 25 feet.
H. The minimum gross floor area per dwelling unit shall
be 350 square feet for a one-room studio or efficiency unit, plus
150 square feet for each additional bedroom. In the B-4 Service Business
Zone, no dwelling unit shall contain more than two bedrooms.
I. The maximum number of units per building shall be
20, and the maximum length of a building along a single plane shall
be 160 feet. The minimum number of units per building shall be four.
J. In the R-3 Zone, each building shall provide for a
facade setback of at least four feet for every 40 feet or at least
eight feet for every 80 feet.
K. Each dwelling unit shall provide at least 100 cubic
feet of storage area for a one-room studio or efficiency unit, plus
100 cubic feet of storage area for each additional bedroom within
the unit. No unenclosed porch or patio shall be used for storage.
L. Unless provided for within each unit, no less than
one washer and dryer shall be provided for each 10 units for the exclusive
use of the tenants of the building. No outdoor clotheslines or clothes-hanging
facilities shall be provided or permitted.
M. There shall be no direct access from garages or off-street
parking areas to any public street.
N. In the R-3 Zone, an outdoor play area or sitting area
of a minimum of 25 square feet per dwelling unit, with no aggregate
of such space less than 400 square feet, shall be provided on site.
O. Fences, patios or similar outside facilities shall
be constructed only by the original developer or by the homeowners'
association. Any such construction shall only be done with the permission
of the Planning Board.
P. For condominium developments, common areas of any
tract which are not accepted by the city shall be deeded to a homeowners'
corporation or association consisting of the property owners within
the development for their use, control, management and maintenance.
Q. For condominium developments, no land shall be sold
in fee simple to the purchaser of any unit. All lands shall be under
the ownership and responsibility of the homeowners' association. All
land shall be under the maintenance responsibility of the homeowners'
association.
R. All internal and external improvements found necessary
in the public interest, including but not limited to streets, driveways,
parking areas, sidewalks, curbs, gutters, lighting, shade trees, water
mains, water systems, culverts, storm sewers, sanitary sewers or other
means of sewage disposal, drainage structures and the like, shall
be installed in accordance with the standards set forth for major
subdivisions of land, except that all curb-to-curb pavement widths
shall not be less than 30 feet. No building permit shall be issued
unless and until adequate performance guaranties of proper installation
of such improvements shall have been posted in accordance with municipal
ordinances or regulations.
S. There shall be no direct access of driveways from
any dwelling unit onto any municipal street.
T. An internal system of sidewalks shall be provided.
Sidewalks shall be a minimum of four feet wide and shall service each
unit. Sidewalks shall provide access to the municipal street serving
the development, whether or not a sidewalk exists on that municipal
street.
In the R-4 High-Rise Multifamily Residential
Zone, high-rise apartments shall be required to meet the following
regulations:
A. The maximum gross density shall be 50 units per acre.
B. The minimum setback from an internal street, driveway
or parking area to the property line shall be 15 feet.
C. A buffer strip of at least 15 feet shall be provided around the entire perimeter of the property. The buffer shall conform to the standards in §
349-7 of Chapter
349, Site Plan Review.
D. The setback of an internal street, driveway or parking
area to a building shall be 20 feet.
E. The distance between any two high-rise apartment buildings
on a single lot shall not be less than the average height of the buildings,
but in no case less than 50 feet.
F. Courts or courtyards or other similar partially enclosed
spaces shall have a minimum width of 1/2 the height of the building,
but in no case less than 50 feet.
G. The minimum gross floor area per dwelling unit shall
be 700 square feet for a one-bedroom or one-roomed studio or efficiency
apartment, plus 150 square feet for each additional bedroom.
H. The minimum number of dwelling units per building
shall not be less than 50 units.
I. Each dwelling unit shall provide at least 100 cubic
feet of storage area for a one-bedroom or one-room studio or efficiency
apartment, plus 100 cubic feet of storage area for each additional
bedroom. Such storage space may be provided within the unit or in
a separate but individually apportioned storage space elsewhere within
the building. No unenclosed porch or patio shall be used for storage.
J. Unless provided for within each unit, one washer and
dryer shall be provided for each 10 units for exclusive use of the
tenants. No outdoor clotheslines or clothes-hanging facilities shall
be provided or permitted.
K. There shall be no direct access from garages or off-street
parking areas to any public street.
L. An outdoor play area or sitting area of a minimum
of 25 square feet per dwelling unit, with no aggregate of such space
less than 400 square feet, shall be provided on site.
In the B-2 Regional Business Zone and the B-3
Highway Business Zone, the following regulations shall apply to drive-through
restaurants:
A. A minimum of eight stacking or queuing spaces at least
20 feet in length per space shall be provided for a drive-through
lane of a drive-through restaurant.
B. Each lane shall be a minimum width of 10 feet. A single
lane of at least 10 feet in width shall be provided adjacent to the
outermost stacking or queuing lane to allow vehicles not entering
the stacking lane to exit the property. There shall be sufficient
space between the property line and the beginning of the stacking
or queuing lane to allow for safe entry, access to parking spaces
and on-site circulation. The drive-in window shall be located at least
30 feet from the street curbline to provide sufficient space for vehicles
to safely exit the property.
C. All drive-through vehicular circulation shall be in
a counterclockwise direction.
D. Drive-through lanes shall be set back at least 15
feet from all residential property lines and be screened from adjacent
residential property by means of a six-foot solid screen fence or
vegetative screen.
In the B-2 Regional Business Zone, the following
regulations shall apply to drive-in or drive-through banks:
A. The minimum amount of lot area devoted to a drive-in
bank if it is in-line connected to other shopping or commercial facilities
shall be 10,000 square feet.
B. A minimum of five stacking or queuing spaces of at
least 20 feet in length per space for automobiles shall be provided
for each drive-through lane of a drive-through bank.
C. Each drive-through lane shall be a minimum width of
10 feet. A single lane of at least 10 feet in width shall be provided
adjacent to the outermost stacking or queuing lane to allow vehicles
not entering the stacking lane to exit the property. There shall be
sufficient space between the property line and the beginning of the
stacking or queuing lane to allow for safe entry, access to parking
spaces and on-site circulation. The drive-through service window shall
be located at least 30 feet from the street curbline to provide sufficient
space for vehicles to safely exit the property.
D. All drive-through vehicular circulation shall be in
a counterclockwise direction.
E. Drive-through lanes shall be set back at least 15
feet from all residential property lines and be screened from adjacent
residential property by means of a six-foot solid screen fence or
vegetative screen.
In the B-2 Regional Business District and the
B-3 Highway Business District:
A. No repair bays or portion of the store utilized for
the installation to or repair of automobiles shall be within 50 feet
of a public street, residential uses or a residential zone boundary,
or within 30 feet of the front or rear property line.
B. All such facilities shall be conducted within a fully
enclosed facility whose doors or entrances shall not face directly
on a public street. No repair or installation shall be conducted outdoors.
C. Three off-street parking spaces shall be provided for each such repair bay in addition to the parking areas required as per §
349-6 of Chapter
349, Site Plan Review. No vehicles which are to be repaired or worked on shall be stored overnight on the premises.
In the B-2 Regional Business Zone and the B-3
Highway Business Zone, the following regulations shall apply:
A. The shopping center shall be designed as a single
complex with a comprehensive and uniform plan for internal site circulation,
landscaping, building design, facade treatments, and signage.
B. Uses within the shopping center shall be limited to
those which are permitted in the zone.
C. To the extent possible, the number of curb cuts shall
be limited to one entrance and exit per street frontage, except where
such street frontage exceeds a distance of 400 feet.
D. Off-street loading and delivery areas shall be located
to the rear of the shopping center.
E. Off-street parking areas shall provide landscaping
for shade, buffering, separation between buildings, driveways and
parking areas, and for defining circulation routes and storage of
snow.
F. A comprehensive signage plan shall be provided which
covers overall project identification, individual building/tenant
identification, traffic and directional signage, and street and parking
identification and instructions.
Hotels and motels in the B-3 Highway Business
Zone shall be required to comply with the following regulations:
A. A hotel shall not exceed five stories or 75 feet in
height. A motel shall not exceed three stories and 40 feet in height.
B. Restaurants, meeting or banquet rooms, and indoor
health club facilities shall be permitted as accessory uses.
C. Outdoor recreational facilities may be permitted but
shall be no closer than 30 feet to a residential use or residential
zone boundary.
In the B-4 Service Business Zone and the B-5
Central Business Zone, the following regulations shall apply:
A. Only artist or craftsman live/work space shall be
permitted on the ground floor of buildings located north of the railroad
right-of-way. Whenever such ground floor space occupies a retail space
fronting on a public street, the windows facing the street shall display
the artist's or craftsman's art or work products or wares available
for retail sale.
B. No portion of the live/work unit shall be sublet or
rented out for any purpose for any length of time, nor shall the space
be used for instructional purposes.
C. All live/work units shall be required to also meet the regulations applied to home occupations in §
421-48D of this chapter.
In the B-1 Neighborhood Business Zone, the B-4
Service Business Zone and the B-5 Central Business Zone:
A. Each apartment shall have its own entrance to a hallway,
staircase or to the exterior.
B. The ground floor entrance to the apartment unit or
units shall be separate from the entrance to the ground floor use.
C. An applicant or developer shall provide credible evidence
to the satisfaction of the reviewing board that sufficient parking
spaces are available and/or reserved in either public or private off-street
parking lots for the overnight parking of vehicles of the prospective
tenants of the apartment or apartments.
D. Such apartments shall be a minimum of 350 square feet
for one-room studio or efficiency apartments and 150 square feet for
each additional bedroom, but in no case contain more than two bedrooms
or exceed 950 square feet in size.
E. No boarders shall be permitted to occupy such apartments,
nor shall any portion of the space within the apartment be sublet
or rented out for any period of time.
F. The gross density shall not exceed 10 units per acre.
[Added 11-8-1999 by Ord. No. O-49-99]
All developments in the O-R Office-Research
Zone shall be required to meet the following additional regulations:
A. Additional area, yard and building requirements. Notwithstanding the requirements contained in §
421-10, Schedule of Lot, Height and Yard Requirements, the following requirements shall apply to the O-R Office-Research Zone:
(1) Minimum distance between principal buildings. More
than one principal building on a lot shall be separated by a distance
not less than 25 feet from other principal buildings, which may be
reduced by the approving board as part of site plan review and dictated
by air, light, safety, aesthetics, and use considerations. Buildings
connected by covered walkways or other connections shall maintain
a minimum distance of 15 feet between buildings.
(2) Setback from a residential zone boundary or use. The
minimum distance a principal building shall be set back from a residential
zone boundary line shall be 100 feet, and the minimum distance a principal
building shall be set back from a residential use property line shall
be 50 feet.
(3) No front, side or rear yard shall be required where the front, side or rear lot line is a railroad right-of-way or lot line of properties under the same ownership. For purposes of this §
421-45A(3), properties shall be defined to be in the "same ownership" if they are owned by the same individual(s), corporation(s), partnership(s), or other entity(ies) or if one property is owned by any corporation which controls, is controlled by or is under common control with the owner of the other property, or is owned by any corporation resulting from a merger or consolidation with the other property owner, or is owned by any subsidiary or affiliate of the other property owner, or is owned by any joint venture of which the other property owner is a partner.
(4) Accessory buildings. Accessory buildings shall be
set back from all lot lines one foot for each one foot of height up
to a maximum of 25 feet. Where the yard abuts a residential zone,
the accessory buildings shall meet all the setback requirements of
a principal building in the O-R Zone. Fences and walls shall be excluded
from this requirement.
B. Other provisions and requirements.
(1) Off-street parking is required, subject to regulations and conditions specified in Article
VIII of this chapter, except as superseded below:
(a)
Each automobile space shall not be less than
9.0 feet wide nor less than 18 feet deep, where appropriate and feasible.
The applicant may submit parking plans requesting a waiver to permit
a two-foot car overhang depth, exclusive of aisles.
(b)
Compact automobile spaces not to exceed 30%
of the total spaces may be installed subject to submission to the
approving board of a designated compact space utilization and monitoring
plan. Each compact space shall be not less than 7.5 feet wide and
16 feet deep.
(c)
No on-grade parking shall be located within
75 feet of any residential zone boundary line.
(d)
Employee and visitor parking may be located in the front yard area except as regulated in Subsection
B(1)(c).
(e)
Parking for all uses in the O-R Zone shall be
provided for at a rate of one parking space for each employee on the
maximum shift.
(f)
Parking decks shall meet all yard requirements
for a principal building.
(2) In the O-R Zone, adequate off-street loading and unloading shall be provided based upon site-specific facility needs, and this provision shall supersede off-street loading and unloading standards specified in Article
VIII of the chapter.
(3) Landscaping standards. The following landscaping standards
shall only apply to development in the O-R Zone:
(a)
Landscaping shall be provided as part of a site
plan and shall serve so as to unify and enhance the site development.
All areas not occupied by buildings and other improvements shall be
landscaped.
(b)
A minimum of 15% of the site shall be devoted
to landscaped areas.
(c)
The landscape plan shall be submitted with each
site plan application, unless a waiver is granted. The plan shall
apply only to the specific site for which site plan approval is being
requested. The plan shall identify existing and proposed plant materials,
natural features and other landscaping elements.
(d)
The landscape plans shall conform to the following
general design principles:
[1]
Use landscaping to accent and complement buildings.
[2]
Locate landscaping to provide for climate control.
[3]
Provide for a variety and mixture of landscaping
which shall consider color, season, texture, shape, blossoms, foliage,
and susceptibility to disease.
[4]
Consider local soil conditions and water availability
in the choice of landscape materials.
[5]
Select native species that are hardy to local
conditions and appropriate to the development design scheme.
[6]
Consider the impact of any proposed landscaping
plan at various time intervals so that plant materials will not interfere
with utilities, roadways, sidewalks, sight easements or site lighting.
[7]
Use landscape plants that are typical full specimens
conforming to the American Association of Nurserymen standards.
[8]
Ensure that no aspect of the landscaping design
inhibits access to the site by emergency vehicles.
[9]
Ensure that parking areas are suitably landscaped
to minimize noise, glare and other nuisance characteristics.
(e)
Planting specifications. Deciduous trees shall
have at least 2 1/2 caliper at planting. Size of evergreens and
shrubs shall be allowed to vary depending on setting and type of material.
Only nursery-grown plant materials shall be acceptable. All trees,
shrubs, and ground covers shall be planted according to accepted horticultural
standards and shall conform to "American Standard for Nursery Stock"
as established by the American Association of Nurserymen. Dead and
low-vigor plants shall be replaced by the developer during the following
planting season.
(4) Buffers.
(a)
In the O-R Zone, where the O-R Zone line abuts
a single-family residential zone boundary line, a one-hundred-foot-wide
buffer area measured 100 feet from the residential zone boundary line
shall be established and maintained. Only driveways, utilities, lighting,
signage, fencing, walls, and security structures and parking shall
intrude upon this buffer area, except that parking areas may not be
closer than 75 feet to the residential zone boundary line.
(b)
Within the O-R Zone where buildings are proposed
directly adjacent to or across from an existing residential use also
located within the O-R Zone, a twenty-foot-wide buffer shall be established
and maintained along the property line directly adjacent to or across
from the residential use.
(c)
The buffer may consist of fencing, evergreen
trees and shrubs, berms, rocks, deciduous trees and shrubs solely
or in combination to provide an attractive setting and visual screening,
where needed, of adjacent residential properties.
(d)
If a fence is provided, it shall be of a design
consistent with the architecture of the site and be buffered with
landscaping, as determined by the approving board as part of site
plan approval.
(5) No outside storage of materials, raw or finished,
shall be stored in any yard or open area unless screened from public
view. However, this requirement shall not apply to temporary storage
of construction trailers, equipment, materials and facilities.
(6) Temporary construction lay down areas, construction
trailers, equipment, materials and facilities shall be permitted in
accordance with an approved site plan, and shall be removed after
the completion of construction.
(7) Signage shall comply with §
421-49 of this chapter, except as superseded by the following provisions:
(a)
Within the O-R Zone a comprehensive sign plan
shall be submitted as part of the site plan application, incorporating
the following elements: letter type, color, and size, sign materials,
size dimensions, sign location plan.
(b)
Directional signs shall not exceed an aggregate
area of all sides of the sign of 12 square feet per sign, and shall
not exceed a height of five feet.
(c)
Directory signs shall not exceed an aggregate
area of all sides of the sign of 12 square feet per sign. Directory
signs may be wall mounted. If freestanding, it shall not exceed a
height of five feet.
(d)
One identification sign shall be permitted at
each major driveway entrance, provided that the aggregate area of
all sides of the sign shall not exceed 50 square feet in area and
the height of the sign shall not exceed five feet.
(e)
Facade signs may be located on the front or
side facades and shall not exceed 10% of the square footage of the
facade on which it is located, or 30 square feet, whichever is less.
Not more than one facade sign shall be located on any one building,
except buildings fronting on more than one street may install one
additional facade sign along each street frontage.
(8) Any provision of the existing Rahway Zoning Ordinance expressly superseded by this §
421-45 shall be superseded relative to the O-R Zone only.
C. Site plan review exemption/office-research developments.
[Added 4-13-1998 by Ord. No. O-14-98]
(1) No building permit shall be issued for any new structure, or structure to be changed in size, or alteration of an existing site plan in this district until the site plan has been reviewed and approved in accordance with Chapter
53, Land Use Procedures, except that no site plan approval shall be required when the proposed expansion or alteration does not exceed 5,000 square feet.
(2) Any other uses shall require site plan approval.
[Amended 4-13-1998 by Ord. No. O-14-98; 11-9-1998 by Ord. No. O-46-98; 4-11-2005 by Ord. No. O-11-05; 3-14-2022 by Ord. No. O-8-22]
A. No zoning permit or building permit shall be issued for any new structure, or structure to be changed in size, or alteration of an existing building or alteration of an existing site plan until a site plan, or amended site plan, in the case of a previously approved site plan, has been reviewed and approved in accordance with Chapter
53, Land Use Procedures. This shall include changes in use of land or a building that require variance relief. Site plan approval shall not be required when the proposed expansion or alteration does not increase building coverage.
In the H Hospital Zone, the following regulations
shall apply:
A. Notwithstanding the Schedule of Lot, Height and Yard
Requirements, no structure shall be erected nearer than 75 feet to
any street line, nor nearer to any property line than the height of
the building, but not less than 50 feet.
[Amended 8-10-1998 by Ord. No. O-39-98; 4-11-2005 by Ord. No. O-11-05]
A. Purpose and intent. The purpose of this section is
to:
(1) Protect the public health, safety and welfare by restricting
signs which impair the public's ability to receive information, violate
privacy, or which increase the probability of accidents by distracting
attention or obstructing vision.
(2) Encourage signs which promote a desirable visual environment
through creative, yet orderly, design arrangements.
(3) Encourage signs which aid orientation, identify activities,
describe local history and character or serve other educational purposes.
(4) Ensure the replacement of nonconforming signs by conforming
signs through strict enforcement of the procedures and requirements
of this section.
B. Zoning permit required. It shall be unlawful for any person to erect, repair, replace or alter any sign or other advertising structure as defined in this chapter, except those signs exempted under §
421-49H of this chapter, without first obtaining a building permit.
C. Prohibited signs. The following signs are prohibited:
(1) Banners, advertising flags and any modification thereof,
such as posters, pennants, ribbons, streamers, spinners, balloons,
kites or similarly moving devices.
(2) No animated or moving signs shall be permitted, except for the required movement of time and temperature displays (except as provided in Subsection
E).
[Amended 5-10-2010 by Ord. No. O-11-10]
(3) Any signs which utilize reflection-enhanced or fluorescent colors or contain any material which sparkles, reflects or glitters (except as provided in Subsection
E).
[Amended 5-10-2010 by Ord. No. O-11-10]
(4) Any signs which in any way simulate official, directional,
or warning signs erected or maintained by the State of New Jersey
or a county or municipality thereof or by any railroad or public utility
or similar agency concerned with the protection of the public health
or safety.
(5) Signs that extend above the roofline or beyond the
ends of a wall to which they are attached or which project more than
six inches from the wall to which they are attached, unless they are
projecting signs.
(6) Any sign so erected, constructed or maintained as
to obstruct or be attached to any fire escape, window, door or opening
used as a means of egress or ingress or for fire-fighting purposes
or placed so as to interfere with any opening required for legal ventilation.
(7) Rope lighting, or other similar linear lighting with small lights
[usually incandescent bulbs or light-emitting diodes (LEDs)] covered
in heavy-duty plastic tubing, and installed to outline signs, merchandise,
windows, buildings, or building elements, where such lighting is intended
to be visible from the exterior of the building is prohibited.
[Added 3-13-2017 by Ord.
No. O-05-17]
(8) Roof signs, billboards and portable sidewalk signs (except as permitted in Subsection
G).
(9) Signs that extend over the line or surface of sidewalks, roads or driveways or that use trees, utility poles, traffic sign posts, and parking meters. This subsection shall not apply to flags and banners permitted under Subsection
C(1), above, nor to projecting signs.
(10)
Signs that relate to a business not conducted
on the premises.
(11)
Signs that do not conform to the illumination
requirements of this chapter.
(12)
Any signs that use fluorescent (e.g., Day-Glo)
colors.
(13)
Any signs, other than municipal, county or state,
erected within the right-of-way of any street or approved sight easements,
whether portable, permanent or temporary. No sign shall be located
so as to constitute a traffic hazard.
(14)
Any sign on a motor vehicle or trailer parked
for display purposes, other than signs advising the public that the
vehicle in question is for sale.
(15)
Any signs which, after 10 days, describe business
goods no longer sold or produced or services no longer provided, except
where there has been a termination of occupancy. Signs describing
a business no longer operating at that location must be removed within
60 days.
(16)
Any marquees or marquee signs, except on theaters.
(17)
Any signs not expressly permitted by this chapter.
D. Regulations and requirements. In addition to restrictions
elsewhere in this chapter, all signs must comply with the following
regulations:
(1) No person may affix any sign in any public place without obtaining the required permit(s) unless said sign is exempt from permit requirements under Subsection
H.
(2) No sign shall have its highest section higher than
the height requirements of the zone as established in this chapter.
(3) All signs shall be kept in good repair, which shall
include replacement or repair of broken structural elements, casings
or faces, maintenance of legibility and all lighting elements.
(4) The owner of the property shall be responsible for
keeping the area surrounding the ground and/or freestanding sign neat,
clean and landscaped.
(5) A sign must be positioned in the natural architectural
sign band on a building facade if one exists. If such sign band does
not exist, the bottom of the sign may not be positioned to go more
than 12 inches above the top of the display window.
(6) No sign may consist of more than four colors, including
the background color, except logos or symbols. Lettering must give
a consistent and professional appearance.
(7) All signs must comply with applicable provisions of
the Uniform Construction Code, particularly, but not exclusively, the Electrical Subcode,
in accordance with which all lighting devices must be installed and
maintained.
(8) Nonconforming signs shall not be rebuilt, enlarged,
changed or altered in size, location, text or appearance unless they
shall be made to conform to these regulations.
(9) A change of business name or any other item of information
on an existing sign constitutes a new sign and requires a permit.
(11)
No sign shall project over, occupy or obstruct
any window surface required for light or ventilation.
(12)
All existing signs erected prior to the enactment
of this chapter which do not meet the requirements of this chapter
regarding size, height, location or type, being, therefore, nonconforming
signs, shall be permitted to remain for a period of three years after
enactment of this chapter. This provision shall include signs for
which a building permit was secured under the previous Zoning Ordinance,
previously exempted signs or signs which were considered legally nonconforming
under the previous Zoning Ordinance. All other signs are illegal and
subject to removal at any time.
E. Illumination. Illumination devices, such as, but not
limited to, flood- or spotlights, shall be so placed as to prevent
the rays of illumination thereof from being cast into residential
properties or into a public right-of-way.
[Amended 5-10-2010 by Ord. No. O-11-10]
(1) For internally illuminated signs, the source of illumination
itself must not be visible.
(2) No sign shall have blinking, flashing, strobe or fluttering
lights or any other illumination devices which have a changing light
intensity, brightness or color, except for time and temperature. Beacon
lights are not permitted.
(3) An illuminated sign located on a lot adjacent to or
across the street from any residential district and visible from such
residential district shall not be illuminated between the hours of
11:00 p.m. and 6:00 a.m., unless the use to which the sign pertains
is open for business during those hours.
(4) Light-emitting-diode
(LED) signs shall be permitted for all changeable copy, time and temperature
signs subject to the following regulations:
(a) All digital LED signs must comply with all other applicable standards
set forth in this article.
(b) The images and messages displayed must be complete in themselves,
without continuation in content to the next image or message or to
any other sign. The image shall be static with all animation, streaming
video, flashing, scrolling, fading, and other illusions of motion
otherwise prohibited. The images and messages must remain static for
a minimum of six seconds.
(c) No sign shall be brighter than necessary for clear and adequate visibility
and shall not exceed a maximum of 5,000 nits during the day and 500
nits during nighttime hours.
(d) No sign may display light of such intensity or brilliance to cause
glare or otherwise impair the vision of the driver or result in a
nuisance to a driver.
(e) No sign may be of such intensity or brilliance that it interferes
with the effectiveness of an official traffic sign, device or signal.
(f) All signs must be equipped with both a dimmer control and a photocell
that automatically adjusts the display’s intensity according
to natural ambient light conditions.
(g) Prior to issuance of a sign permit, the applicant shall provide written
certification from the sign manufacturer that the light intensity
has been factory preset not to exceed 5,000 nits and that the intensity
level is protected from end-user manipulation by password-protected
software or other method determined appropriate by the Zoning Officer.
F. Permitted signs in residential zones.
(1) The following types of permanent signs shall be permitted:
(a)
Residential nameplate sign showing the name
and/or address of the house or family, not larger than one square
foot in area. Not more than one such sign shall be erected for each
dwelling unit.
(b)
Identification signs for a permitted home professional
office, provided that such signs are limited to no more than one wall
or ground sign per building, are not more than two square feet in
area, and, if a ground sign, are not more than four feet in height.
(c)
A name or announcement sign accessory to a church
or other place of worship, a public or quasi-public building and any
permitted institutional or similar use shall not exceed 20 square
feet in area and be no greater than six feet in height. Such sign
may only be interior lighted. Not more than one such sign shall be
permitted on a lot.
(d)
Multiple-family identification signs that are
limited to no more than one wall or ground sign per building, are
not more than six square feet in area each, and, if a ground sign,
are not more than four feet in height.
(e)
Historical or architectural designation signs,
provided that such signs are limited to no more than one wall or ground
sign per occupancy, are no more than six square feet in area, are
not illuminated and contain no commercial advertising.
(f)
Signs designating entrances or exits to or from
a parking area are permitted and shall not exceed two square feet
each.
(2) The following types of temporary signs shall be permitted:
(a)
One sign with lettering on both sides, dealing
with an ongoing political campaign.
(b)
One sign announcing to the general public that
the residential property is available for sale.
(c)
Signs announcing to the general public that
the building or premises is being altered, repaired, painted, renovated
or reconstructed.
(d)
Signs announcing a garage sale where a license
for the same has been issued by the City.
(3) The rules governing the erection of temporary signs
dealing with the sale of the premises or a political campaign are
as follows:
(a)
The sign shall not exceed six square feet in
area and four feet in height.
(b)
The sign must be placed upon the property at
a location which is set back at least five feet from any boundary
line of the property.
(c)
All such signs must be removed within seven
days following the sale or rental of the premises or the date of the
election. For purposes of this section, "sale or rental" shall mean
a contract has been entered into between the owner/seller and/or renter/purchaser.
A contract shall be considered entered into when it has passed attorney
review or the multiple-listing service has been advised that the premises
are under contract.
(d)
No temporary sign regarding a political campaign
may be erected or posted for a period exceeding 30 days.
(4) The rules governing the erection of temporary signs
announcing to the general public that the building or buildings on
the premises are being altered, repaired, painted, renovated or reconstructed
shall be as follows:
(a)
The sign shall not exceed six square feet in
area or four feet in height.
(b)
The sign must be placed upon the property at
a location which is set back at least five feet from any boundary
line of the property.
(c)
All signs erected pursuant to this subsection
must be removed within 30 days of the date when said sign was first
placed upon the premises even though the alteration, repair, painting,
renovation or reconstruction may continue for a longer period.
(d)
Only one sign may be erected by each contractor
on any property at one time, and no more than two signs may be erected
on any one lot over the course of any three-hundred-sixty-five-day
period.
(e)
No such sign may be displayed if the building
or buildings on the premises are occupied by any principal or employee
of the person or firm whose name appears on the sign.
(5) Temporary signs erected to announce a garage sale
shall not be erected more than five days prior to the date of sale
and shall be removed within 24 hours of the completion of the garage
sale as advertised.
(6) All permitted signs in the R-1 and R-2 Residential
Zones must be set back at least five feet from all property lines.
G. Permitted signs in business zones.
(1) The following permanent signs are permitted in B-1,
B-4, and B-5 Business Zones:
(a)
Any sign permitted in the residential zones
shall be permitted in the B-1, B-4 and B-5 Zones.
(b)
Facade signs.
[1]
Exterior signs identifying the names or uses
of the tenants or occupants of the premises may be affixed to the
building and shall occupy no more than 15% of the front facade area
of the building with a maximum size of 100 square feet. Signs may
be lighted.
[2]
If the property has frontage on more than one
street, a separate sign may be provided for each street frontage,
provided the total area of all signs shall be no greater than the
requirements listed above.
[3]
No establishment shall be permitted a total
of more than two signs.
[4]
The maximum permitted height of any such sign
shall be 20% of the wall height, with an absolute maximum of three
feet.
[5]
All facade signs must have either a finished
edge or painted border edge at least 1 1/2 inches in width. If
the total area of the sign face is less than two square feet, the
border may be reduced to 3/4 inch in width.
[6]
Facade signs where two or more businesses occupy
one building must be uniform, although not necessarily identical,
and in keeping with the architectural integrity of the building. They
each must be mounted at the same distance from the street and be identical
in height and construction materials.
(c)
Projecting signs.
[1]
A projecting sign must not exceed eight square
feet.
[2]
The outermost edge of a projecting sign must
not extend more than four feet from the building to which it is attached.
[3]
The bottommost edge of a projecting sign must
not be less than eight feet from the ground.
[4]
Projecting signs must project from a building
at an angle of 90°.
[5]
A projecting sign must be located at the level
of the sign band between the first and second stories of a building.
[6]
When more than one storefront occupies a single
building, all projecting signs must be hung at the same height.
[7]
Projecting signs must be constructed of wood
or comparable material.
[8]
Projecting signs must be two-faced.
(d)
Window signs.
[1]
Permanent window signs must not occupy more
than 10% of the total area of the window in which the sign is located.
The area of the window sign will be counted as part of the total signage
area allowed for the business.
[2]
Temporary window signs are subject to the following
restrictions:
[a] Such signs shall be removed within
30 days after erection.
[b] The date on which a temporary sign
is initially displayed must appear on its face.
[c] Temporary window signage may not
exceed 20% of the total window area.
[d] Community service advertisements
shall be included within the aggregate space and time limitations
set forth herein.
[e] All such signs shall be of professional
quality.
[3]
All window lettering and signs shall be kept
in good repair.
(e)
All other temporary signs. One temporary sign
shall be permitted announcing that the property on which it is located
is for sale or rent, provided that such sign shall be displayed for
only so long as such property is for sale or rent. Unless such sign
is attached to the principal building, it shall be no closer than
five feet to any property line. Such sign shall not exceed six square
feet in size nor more than four feet in height.
(f)
Awning and canopy signs.
[1]
An awning or canopy must not display any graphic
other than the name of the business, the logo and the street number.
[2]
Lettering must be on the drop flap or within
the area of the lowest 1/3 of the overall vertical height of the awning
if it has no drop flap.
[3]
Individual letters may not exceed 12 inches
in height.
[4]
The combined area of signs on awnings or canopies
in excess of five square feet must be counted in the total area allowed
to that building for its exterior signs.
[5]
Any change to the existing awning or canopy,
including a change of color or lettering, requires a permit.
(g)
Marquee signs.
[1]
Marquee signs are only permitted on a theater
or movie theater.
[2]
Marquee signs are to be designed as an integral
part of the building's principal facade.
(h)
Sidewalk signs.
[Amended 5-10-2010 by Ord. No. O-11-10]
[1] Sidewalk signs shall be permitted, provided they meet all the following
restrictions:
[a] For restaurants with sit-down dining, they must be used for daily
specials and menus.
[b] For retail establishments, they must be used to promote sales, promotions
of limited duration, or goods sold or services provided on the premises.
[c] May be no more than two feet wide and three feet high.
[d] Must be placed either flat against the building or located in the
building's alcove off the sidewalk. If the sidewalk is over six feet
wide, they may be placed at the curb, provided that a four-foot-wide,
unobstructed path shall be maintained at all times on the sidewalk.
[e] Must be located only in front of the building on which the restaurant
is located.
[f] Must not restrict pedestrian or vehicular traffic.
(2) B-2 and B-3 Business Zones.
(a)
Any signs permitted in the residential zones
or permitted in the B-1, B-4 or B-5 Business Zone shall be permitted
in the B-2 and B-3 Zones, under the same limitations.
(b)
Freestanding signs.
[1]
One freestanding identification sign shall be
permitted, provided that the aggregate area of all sides of such sign
shall be in accordance with the following schedule:
|
Gross Floor Area
(square feet)
|
Aggregate Sign Area
(square feet)
|
---|
|
Under 5,000
|
40
|
|
5,001 to 15,000
|
80
|
|
15,001 to 30,000
|
100
|
|
30,001 to 50,000
|
150
|
|
50,001 and above
|
200
|
[2]
Any commercial building having over 100,000
square feet of gross floor area may have two freestanding signs. The
total area of both signs shall not exceed the aggregate limitations
within the schedule.
[3]
Such signs shall not exceed a height of 25 feet,
measured from the ground level to the topmost portion of the structure.
Supporting frames for all such signs shall be of permanent materials,
such as steel or concrete. All such signs must be placed upon the
property at a location which is set back at least five feet from any
boundary line of the property.
[4]
Such sign shall be interior lighted with nonglaring
lights or shall be illuminated by shielded floodlights.
(3) Industrial zones. In all industrial zones, the following
types of signs shall be permitted:
(a)
Facade sign. Each permitted use may have one
identification sign located on the front facade of the building. Said
signs shall not exceed an area equal to 10% of the front facade of
the building and shall not project more than eight inches in front
of the facade.
(b)
Freestanding sign. Each permitted use may have
one freestanding sign on each lot, provided that each sign shall not
exceed 50 square feet in area. The height of a freestanding identification
sign shall not exceed five feet.
(4) All other zones. In all other zones, the type, location,
size and placement of signs shall be at the discretion of the Planning
Board at the time of site plan review.
H. Permit exemptions. The following signs shall be considered
minor signs and shall be exempt from the requirement of obtaining
a building permit, provided that such signs meet all requirements
and restrictions listed elsewhere in this section:
(1) Nameplate signs. One nameplate sign, not more than
one square foot in area, provided that such signs are not internally
illuminated or spotlighted.
(2) Governmental signs that are erected or authorized
by a governmental unit.
(3) Flags or emblems of religious, philanthropic, educational
or government organizations, which shall be flown from supports on
the buildings or grounds being occupied by the organization.
(4) Signs which are an integral part of vending machines
and gasoline pumps.
(5) Temporary window signs as permitted in Subsection
G of this section.
(6) Nonilluminated temporary signs advertising the sale
or rental of the premises upon which they are situated, provided that
such signs meet all the restrictions and requirements previously stated
in this section.
(7) Temporary signs indicating a political preference
or a political cause, provided that such signs meet all restrictions
and requirements previously stated in this chapter. Such signs shall
not exceed six square feet in any residential zone or 25 square feet
in any other zone.
I. Regulations governing security gates.
(1) It shall be unlawful to construct or install a security
gate over or across the front door or windows of any residential or
commercial premises, property or structure. All security gates shall
be installed in the interior of a building or structure.
(2) No security gate shall be solid or impermeable in
nature. Security gates shall be of a type commonly referred to as
the grate or lattice type, with a minimum of 80% of the gate area
being of see-through composition. All gates and the accompanying hardware
shall be of suitable materials and maintained in a state of good repair.
J. Measurement of signs.
(1) The area of a sign shall be computed as the total
square foot content of the background upon which the lettering, illustration
or display is presented, including mounting on frames.
(2) The sign area for a freestanding sign with more than
one face shall be computed by determining the maximum area of all
sign faces visible from any one point. When two identical sign faces
are placed back-to-back, so that both faces cannot be viewed from
any point at the same time, and when such sign faces are part of the
same sign structure, the sign area shall be computed by the measurement
of one of the faces.
(3) The area of a sign containing individual letters shall
be computed as the total square foot area of the smallest rectangle
which can enclose all of the letters or figures.
(4) Window signs and permanent signs within the interior
of a structure, designed to be seen and read from the exterior, shall
be included as part of any maximum permanent sign area allowance.
K. Proper maintenance. All signs, awnings, canopies,
marquees and facades must be maintained in good repair. Specifically,
no owner or occupant of a premises may permit any type of deterioration
to these elements, including, but not limited to, the following conditions:
(1) Chipped or peeling paint or surfaces marred by graffiti.
(2) Torn paper or broken or damaged lettering or material
of any kind.
(3) Illegible material, whether by reason of fading, obliteration
or any other condition.
(4) Dirty, rotten, broken, rusted or otherwise damaged
condition.
[Added 8-8-2016 by Ord.
No. O-17-16]
A. Permitted uses.
(1)
General. The uses listed in this section are deemed to be permitted
uses and shall not require administrative approval or a conditional
use permit.
(2)
Permitted uses. The following uses are specifically permitted:
(a)
Antennas, towers, or alternate tower structures located on publicly
owned property, provided an agreement authorizing such antenna or
tower has been entered into with the public owner of the property.
B. 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 City Zoning Officer an inventory of its
existing towers, antennas, or sites approved for towers or antennas,
that are either within the jurisdiction of the City of Rahway or within
one mile of the border thereof, including specific information about
the location, height, and design of each tower. The City Zoning Officer
may share such information with other applicants applying for administrative
approvals or special use permits under this section or other organizations
seeking to locate antennas within the jurisdiction of the City of
Rahway, provided, however, that the City Zoning Officer is not, by
sharing such information, in any way representing or warranting that
such sites are available or suitable.
(4)
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the Federal Aviation Association ("FAA"),
be painted a neutral color so as to reduce visual obtrusiveness.
(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 towers and related structures into
the natural setting and surrounding buildings.
(c)
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.
(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 must cause the least disturbance
to the surrounding views.
(6)
State or federal requirements. All towers must meet or exceed
current standards and regulations of the FAA, the Federal Communications
Commission 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 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 City of Rahway 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.
(8)
Measurement. For purposes of measurement, tower setbacks and
separation distances shall be calculated and applied to facilities
located in the City of Rahway irrespective of municipal and county
jurisdictional boundaries.
(9)
Not essential services. 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.
(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 City of Rahway
have been obtained and shall file a copy of all required franchises
with the City Zoning Officer.
(11)
Signs. No signs shall be allowed on an antenna or tower.
(12)
Multiple antenna/tower plan. The City of Rahway encourages the
users of towers and antennas to submit a single application for approval
of multiple towers and/or antenna sites.
C. Area, bulk and yard requirements.
(1)
Minimum front yard setback: 50 feet or the height of the structure,
whichever is greater.
(2)
Minimum rear yard setback: 50 feet or the height of the structure,
whichever is greater.
(3)
Minimum side yard setback: five feet.
(4)
Maximum height of tower: 130 feet.
(5)
Maximum height of associated structures: eight feet.
(6)
Maximum square footage of associated structures: 150 square
feet.
D. Additional requirements.
(1)
All facilities shall be suitably secured and enclosed in a fence
of not less than six feet high.
(2)
Site plan approval by the Rahway Planning Board shall be required,
and the following information shall be provided:
(a)
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning within 200 feet (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection
C, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the 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 City Zoning Officer to be necessary to assess compliance with this section.
(b)
Legal description of the parent tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential unit or residentially zoned properties, whether platted
or unplatted.
(d)
The separation distance from other towers shall be shown on
an updated site plan or map. The applicant shall also identify the
type of construction of the existing tower(s) and the owner/operator
of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials.
(f)
Method of fencing, finished color, if applicable, and methods
of camouflage and illumination.
(g)
A description of compliance with this section and all applicable
federal, state or local laws.
(h)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(i)
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.
(j)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(k)
A description of the feasible location(s) of future towers or
antennas within the City of Rahway based upon existing physical, engineering,
technological or geographical limitations in the event the proposed
tower is erected.
(3)
In the event a communication tower is abandoned or not operated
for a period of one year, the same shall be removed along with all
ancillary equipment, at the option of the City, at the sole expense
of the operator.
(4)
Noise levels generated by the operation of the antenna operation
at any property line shall be not more than 50 decibels.
(5)
Site lighting used to illuminate the tower shall be oriented
inward toward the tower to minimize spillage and glare onto adjacent
properties.
(6)
The tower and antennas shall be designed in accordance with
the current edition of the Building Officials and Code Administrators
National Building Code.
(7)
Any generator located on the site shall be within an equipment
structure. All fuel shall be contained in accordance with New Jersey
Department of Environmental Protection requirements.
(8)
Site clearing shall be minimized to preclude the removal of
vegetation beyond that necessary to install and maintain the facility.
(9)
Towers and antennas shall not cause a disruption to, or interfere
with, other radio, communications, or television transmissions or
equipment. If such disruption or interference is found to be caused
by the operation of the towers and antennas, the subscribers and/or
lessees shall modify their equipment operations to abate the deficiencies.
E. Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the City Planning Board that no
existing tower, structure or alternative technology that does not
require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the City Planning Board related to the availability of suitable
existing towers, other structures or alternative technology. Evidence
submitted to demonstrate that no existing tower, structure or alternative
technology can accommodate the applicant's proposed antenna may consist
of any of the following:
(1)
No existing towers or structures are located within the geographic
areas which meet 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 electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
(5)
The fees, costs, or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
(6)
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
(7)
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.