A.
The uses listed on the Schedule of Permitted and Conditional
Uses as conditional uses shall be permitted in the zones designated
upon a favorable review by the Planning Board.[1]
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
C.
Site plan approval shall be required unless otherwise
specified in this chapter.
(1)
The conditional use shall comply with the design standards,
improvement standards, and document submittal requirements of this
chapter unless a requirement is waived by the approving authority.
(2)
The conditional use shall adhere to the additional
standards specified for the particular use unless a variance is granted
pursuant to N.J.S.A. 40:55D-70d.
D.
The criteria and additional standards applicable to
the various conditional uses shall be as follows.
Heavy construction other than building construction-contractors
(NAICS 234); lumber and wood products, except furniture (NAICS 321);
stone, clay, glass and concrete products (NAICS 327); coating, engraving
and allied products (NAICS 332813); warehousing (excluding NAICS 49311),
mini warehouses and self-storage (NAICS 53113); and motor freight
terminals (NAICS 48849) may be permitted in specified zones only upon
receipt of a conditional use permit. A conditional use permit shall
be granted, provided that the following standards are met:
A.
Any structures to be used for the aforementioned purposes
shall not be erected nearer than 100 feet to any street line or any
parcel of land and shall not be erected nearer than 50 feet to any
side line, nor 75 feet to any rear yard line and at least 100 feet
from the property line of any residential zone abutting the premises.
The word "structure" herein shall include accessory buildings and
parking areas. Adequate off-street parking with respect to the premises
shall be provided and be limited to the rear and side yards in accordance
with this chapter.
B.
The loading and delivery area shall be located at
the rear of the structure and shall be screened primarily with evergreen
trees so as to provide visible obstruction as to neighboring properties.
In the event any of the aforesaid trees do not live, they shall be
replaced so as to maintain the adequate screening.
C.
If the parking is illuminated it shall be adjusted
so that no glare or beam is directed towards any adjoining property,
public street or dwelling windows.
D.
Site plan approval shall be required and any development
shall be subject to the following supplemental zoning regulations:
(1)
Minimum lot area shall be three acres.
(2)
Minimum lot frontage shall be 250 feet.
(3)
Maximum lot coverage shall be 40%.
(4)
All outdoor storage areas shall be screened from view
from any public road by a landscaped buffer with a minimum width of
20 feet.
(5)
All outdoor storage areas shall be screened from adjacent
properties by a landscaped buffer with a minimum width of 30 feet.
(6)
All outdoor storage areas shall be arranged in a safe
and neat manner, shall be fenced in with a minimum six-foot high fence
and shall be paved in accordance with this chapter.
Mini warehousing and self-storage (NAICS 4225)
uses may be permitted in specified zones only upon receipt of a conditional
use permit. A conditional use permit shall be granted, provided that
all of the following conditions are met:
A.
The minimum rental storage area shall be 40,000 square
feet.
B.
Such facilities shall maintain an operational manager's
or resident manager's office/dwelling which shall be accessory to
the principal use herein. Occupancy of the dwelling shall be limited
to the facility manager and his immediate family.
C.
Such facilities shall provide for the storage of customer's
goods and wares only. No business activity other than the rental of
storage space shall be conducted on the premises by either the owner
of the facility, the resident manager or a tenant of storage space.
D.
No storage of any kind shall be conducted out of doors.
E.
The site containing such a use shall have direct access
to a nonresidential collector or arterial street.
F.
Site plan approval shall be required and any development
shall also be subject to the following supplemental zoning regulations:
(1)
The minimum site area shall be four acres and the
maximum site area shall be 12 acres.
(2)
The maximum building area inclusive of a manager's
office and/or dwelling for any one building on the site shall be 12,000
square feet.
(3)
The maximum building length inclusive of a manager's
office and/or dwelling shall be 300 feet.
(4)
The minimum front yard setback abutting a public street
shall be 75 feet. The minimum setback adjacent to any residentially
zoned or developed property shall be 50 feet. All other setbacks shall
be a minimum of 25 feet.
(5)
The facades of all structures visible from public
streets and residentially zoned or developed property shall be constructed
of materials which are wood, brick, masonry, or other material finished
to be compatible with the uses in the area in which the facility is
located. Facades facing residentially zoned or developed property
shall not contain access doors to the storage units.
(6)
No single structure shall exceed one story, 18 feet
in height including all roof equipment attached thereto. Structures
with roof equipment shall provide roof screening to prevent its visibility
from all sides of the building. The height of a resident manager's
office dwelling, whether or not it is attached to another structure,
shall be permitted to a maximum of 35 feet, 2 1/2 stories.
(7)
All outdoor lighting shall be shielded to direct light
and glare only onto the premises and shall be of sufficient intensity
to discourage vandalism and theft. It shall be directed, shaded and
focused away from all adjoining property.
(8)
A minimum of four standard parking spaces shall be
located in the immediate vicinity of the administrative office for
the use of prospective clients. Parking areas adjacent to or in close
proximity to the storage facilities shall be provided. Two additional
standard parking spaces shall be provided for a resident manager's
dwelling. Fire lanes shall be designated and marked in accordance
with the Fire Prevention Official.
(9)
Outdoor mini warehouse or self-storage identification
advertising displays shall be in accordance with this chapter and
shall not in any way exceed the maximum size, height, character and
spacing allowed in the zone in which it is to be located.
(10)
Drive aisles with access on both sides to storage
facilities shall provide a minimum of 30 feet of width where traffic
flow is both ways. Where only one way traffic flow is permitted, the
width may be reduced to a minimum of 22 feet.
(11)
Drive aisles with access on one side to storage
facilities shall provide a minimum of 25 feet of width where traffic
flow is both ways. Where only one way traffic flow is permitted, the
width may be reduced to a minimum of 20 feet.
(12)
A minimum of fifteen-foot continuous planted
buffer in accordance with this chapter shall be provided along all
property lines adjacent to other nonresidentially zoned sites. If
an adjacent site is residentially zoned or developed, the minimum
planted buffer shall be 50 feet.
(13)
A minimum fifty-foot continuous planted buffer
in accordance with this chapter shall be provided along all nonaccessible
street frontages. Where a frontage provides access to the facility,
the same buffer shall be required except for the area necessary for
an ingress/egress drive, required parking, signage as permitted by
this chapter and required sight triangles.
[Amended 11-10-1999 by Ord. No. 36-1999]
A.
Purpose.
(1)
The purpose of this section is to establish general
guidelines for the siting of wireless communications towers and antennas.
The goals of this section are to:
(a)
Protect residential areas and land uses from
potential adverse impacts of towers and antennas.
(b)
Encourage the location of towers in nonresidential
areas.
(c)
Minimize the total number of towers throughout
the Township.
(d)
Strongly encourage the joint use of new and
existing tower sites as a primary option rather than construction
of additional single-use towers.
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal.
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening and
innovative camouflaging techniques.
(g)
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively
and efficiently.
(h)
Consider the public health and safety of communication
towers.
(i)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
(2)
In furtherance of these goals, the Township of Wall
has given due consideration to the Township of Wall'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
ANTENNA
BACKHAUL NETWORK
FAA
FCC
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
TOWER
Definitions. As used in this section, the following terms shall have the meanings set forth below. These definitions are supplemental to § 140-17.
Man-made trees, water towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
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 Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the finished grade of the parcel to the highest point
on the tower or other structure, including the base pad and any antenna.
Any tower or antenna for which a building permit or special
use permit has been properly issued prior to the effective date of
this section, including permitted towers or antennas that have not
yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term includes the structure and any support thereto.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas.
This section shall not govern any tower or the installation of any
antenna that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(4)
AM array. For purposes of implementing this section,
an AM array, consisting of one or more tower units and supporting
ground system which functions as one AM broadcasting antenna, shall
be considered one tower. Measurements for setbacks and separation
distances shall be measured from the outer perimeter of the towers
included in the AM array. Additional tower units may be added within
the perimeter of the AM array by right.
D.
General requirements.
(1)
Conditional use. Antennas and towers shall be permitted
as conditional uses in the GI Zones and OLI-10 Zone. They shall not
be permitted in any other zone except on properties owned by the Township,
excluding open space properties. A different existing use or 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 approving board an inventory
of its existing towers, antennas or sites approved for towers or antennas,
that are either within the jurisdiction of the Township or within
five miles of the border thereof, including specific information about
the location, height and design of each tower.
(4)
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 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.
(5)
Building codes; safety standards. To ensure the structural
integrity of towers, the owner of a tower shall ensure that it is
maintained in compliance with standards contained in applicable state
or local building codes and the applicable standards for towers that
are published by the Electronic Industries Association, as amended
from time to time. If, upon inspection, the Township concludes that
a tower fails to comply with such codes and standards and constitutes
a danger to persons or property, then, upon notice being provided
to the owner of the tower, the owner shall have 30 days to 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.
(6)
Measurement. For purposes of measurement, tower setbacks
and separation distances shall be calculated and applied to facilities
located in the Township irrespective of municipal and county jurisdictional
boundaries.
(7)
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.
(8)
Franchises. Owners and/or operators of towers or antennas
shall certify that all franchises required by law for the construction
and/or operation of a wireless communication system in the Township
have been obtained and shall file a copy of all required franchises
with the Township Clerk.
(9)
Public notice. For purposes of this section, any conditional use permit or variance application shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection E, Table 1, in addition to any notice otherwise required by the Municipal Land Use Law.
(10)
Signs. No signs shall be allowed on an antenna
or tower.
(11)
Building and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection F.
(12)
Multiple antenna/tower plan. The Township encourages
the users of towers and antennas to submit a single application for
approval of multiple sites. Applications for approval of multiple
sites shall be given priority in the review process.
E.
Conditional use permits.
(1)
General. The following provisions shall govern the
issuance of conditional use permits for towers or antennas by the
Planning Board:
(a)
In granting a conditional use approval, the
Board may impose conditions to the extent the Board concludes such
conditions are necessary to minimize any adverse effect of the proposed
tower on adjoining properties.
(b)
Any information of an engineering nature that
the applicant submits, whether civil, mechanical or electrical, shall
be certified by a licensed professional engineer.
(2)
Towers.
(a)
Information required. Applicants for a conditional
use permit for a tower shall submit the following information:
[1]
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 (including when adjacent to other municipalities),
Master Plan classification of the site and all properties within the
applicable separation distances set forth in Table 1, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structures, topography,
parking and other information deemed by the Township Planner or Planning
Board to be necessary to assess compliance with this article.
[2]
A legal description of the parent tract and
leased parcel (if applicable).
[3]
The setback distance between the proposed tower
and the nearest residential unit, platted residentially zoned properties
and unplatted residentially zoned properties.
[4]
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) 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).
[5]
A landscape plan showing specific landscape
materials.
[6]
The method of fencing and finished color and,
if applicable, the method of camouflage and illumination.
[8]
A notarized statement by the applicant as to
whether construction of the tower will accommodate collocation of
additional antennas for future users.
[9]
An identification of the entities providing
the backhaul network for the tower(s) described in the application
and other cellular sites owned or operated by the applicant in the
municipality.
[10]
A description of the suitability
of the use of existing towers, other structures or alternative technology
not requiring the use of towers or structures to provide the services
to be provided through the use of the proposed new tower.
[11]
A description of the feasible
location(s) of future towers or antennas within the Township of Wall
based upon existing physical, engineering, technological or geographical
limitations in the event that the proposed tower is erected.
(3)
Factors considered in granting conditional use permits
for towers. The Board shall consider the following factors in determining
whether to issue a conditional use permit:
(a)
Height of the proposed tower.
(b)
Proximity of the tower to residential structures
and residential district boundaries.
(c)
Nature of uses on adjacent and nearby properties.
(d)
Surrounding topography.
(e)
Surrounding tree coverage and foliage.
(f)
Design of the tower, with particular reference
to design characteristics that have the effect of reducing or eliminating
visual obtrusiveness.
(g)
Proposed ingress and egress.
(4)
A conditional use permit shall be granted for a wireless
communications tower or antenna, provided that the following standards
and specifications are satisfied:
(a)
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 approving 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 board as 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 area 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.
(b)
Setbacks and bulk requirements. The following
bulk and setback requirements shall apply to all towers for which
approval is sought:
[1]
The lot on which the tower is proposed to be
located shall meet all of the minimum lot size and other bulk requirements
of the zone in which it is located.
[2]
Towers must be set back a distance at least
equal to the height of the tower from any adjoining lot line or the
setback requirements of the zoning district, whichever is greater.
[3]
Guys and accessory buildings must satisfy the
minimum zoning district setback requirements.
(c)
Separation. The following separation requirements
shall apply to all towers and antennas for which approval is required;
provided, however, that the board may reduce the standard separation
requirements if the goals of this article would be better served thereby.
[1]
Separation from off-site uses/designated areas.
[a]
Tower separation shall be measured
from the base of the tower to the lot line of the off-site uses and/or
designated areas as specified in Table 1, except as otherwise provided
in Table 1.
[b]
Towers shall be separated from
off-site uses or areas in accordance with the minimum standards established
in Table 1.
|
Table 1
| ||
|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance2
| |
|
Single family or duplex residential units1
|
500 feet or 300% of height of tower, whichever
is greater
| |
|
Vacant single family or duplex residentially
zoned land which is either platted or has preliminary subdivision
plan approval which has not expired
|
500 feet or 300% of height of tower, whichever
is greater
| |
|
Vacant unplatted residentially zoned lands3
|
500 feet or 200% of height of tower, whichever
is greater
| |
|
Existing multifamily residential units greater
than duplex units
|
500 feet or 200% of height of tower, whichever
is greater
| |
|
Right-of-way of State Highway No. 34
| ||
|
Nonresidentially zoned lands or nonresidential
uses
|
200 feet or 200% of height of tower, whichever
is greater
| |
|
NOTES:
1Includes modular
homes and mobile homes used for living quarters.
2Separation measured
from base of tower to closest building setback line.
3Includes any unplatted
residential use properties without a valid preliminary subdivision
plan or valid development plan approval and any multifamily residentially
zoned land greater than a duplex.
|
[2]
Separation distances between towers. Separation
distances between towers shall be applicable for and measured between
the proposed tower and preexisting towers. The separation distances
shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to
a site plan, of the proposed tower. The separation distances (listed
in linear feet) shall be as shown in Table 2.
|
Table 2
| |||||
|---|---|---|---|---|---|
|
Existing Towers
|
Lattice
(feet)
|
Guyed
(feet)
|
Monopole 75 Feet in Height or Greater
(feet)
|
Monopole Less Than 75 Feet in Height
(feet)
| |
|
Lattice
|
5,000
|
5,000
|
1,500
|
750
| |
|
Guyed
|
5,000
|
5,000
|
1,500
|
750
| |
|
Monopole less than 75 feet
|
750
|
750
|
750
|
750
| |
(d)
Security fencing. Towers shall be enclosed by
security fencing not less than six feet in height and shall also be
equipped with an appropriate anticlimbing device.
(e)
Landscaping. The following requirements shall
govern the landscaping surrounding towers for which a conditional
use approval is required.
[1]
Tower facilities shall be landscaped with a
buffer of plant materials that effectively screens the view of the
tower compound from any adjoining property or roadway used for residences.
The standard buffer shall consist of a landscaped strip at least four
feet wide outside the perimeter of the compound.
[2]
In locations where the visual impact of the
tower would be minimal, the landscaping requirement may be reduced
or waived.
[3]
Existing mature tree growth and natural land
forms on the site shall be preserved to the maximum extent possible.
In some cases, such as towers located on large, wooded lots, natural
growth around the property perimeter may be sufficient buffer.
(f)
Aesthetics. 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.
[3]
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.
(g)
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.
F.
Buildings or other equipment storage.
(1)
Antennas mounted on structures or rooftops. The equipment
cabinet or structure used in association with antennas shall comply
with the following:
(a)
The cabinet or structure shall not contain more
than 100 square feet of gross floor area or be more than 10 feet in
height. In addition, for buildings and structures which are less than
65 feet in height, the related unmanned equipment structure, if over
100 square feet of gross floor area or 10 feet in height, shall be
located on the ground and shall not be located on the roof of the
structure.
(b)
If the equipment structure is located on the
roof of a building, the area of the equipment structure and other
equipment and structures shall not occupy more than 10% of the roof
area.
(c)
Equipment storage buildings or cabinets shall
comply with all applicable zoning and building codes.
(2)
Antennas mounted on utility poles or light poles.
The equipment cabinet or structure used in association with antennas
shall be located in accordance with the following:
(a)
In residential zones, the equipment cabinet
or structure may be located:
[1]
Provided the cabinet or structure is no greater
than 10 feet in height or 100 square feet of gross floor area and
the cabinet/structure is located a minimum of 200 feet from all lot
lines. The cabinet/structure shall be screened by an evergreen hedge
with an ultimate height of at least eight feet and a planted height
of at least 48 inches.
(b)
In nonresidential zones, the equipment cabinet
or structure shall be no greater than 10 feet in height or 100 square
feet in gross floor area. The structure or cabinet shall be screened
by an evergreen hedge with an ultimate height of eight feet and a
planted height of at least 48 inches. All structures or cabinets shall
be screened from view of all residential properties which abut or
are directly across the street from the structure or cabinet by a
solid fence eight feet in height or an evergreen hedge with an ultimate
height of eight feet and a planted height of at least 48 inches.
(3)
Antennas located on towers. The related unmanned equipment
structure shall not contain more than 100 square feet of gross floor
area or be more than 10 feet in height and shall be located in accordance
with the minimum yard requirements of the zoning district in which
it is located.
G.
Removal of abandoned antennas and towers/bonding.
(1)
Any antenna or tower that is not operated for a continuous
period of 12 months shall be considered abandoned, and the owner of
such antenna or tower and the owner of the property shall remove the
same within 90 days of receipt of notice from the Township notifying
the owner of such abandonment. Failure to remove an abandoned antenna
or tower within said 90 days shall be grounds to remove the tower
or antenna at the owner's expense.
(2)
Notice of abandonment and the requirement to remove
the tower shall be provided by the Township to both the owner of the
tower and the owner of the property on which the tower is located.
Should the tower not be removed and should the Township determine
that in the interest of the public health, safety or welfare the tower
should be removed, the Township may cause the tower to be removed,
and all costs associated with the removal of the tower, including
actual removal costs, all engineering, legal and Township personnel
costs and the cost of public bidding for the contract for removal
of the tower, shall be certified by the Township Committee to the
Tax Collector. The full cost shall be imposed by the Tax Collector
as a lien upon the property to be collected in the same manner as
taxes.
(3)
No building permit shall be issued for the construction
of a new tower in the Township until a bond is posted by the applicant
guaranteeing the cost of demolition and removal of the tower in the
event of its abandonment, said bond to be in a form satisfactory to
the Township Attorney as to form and content and in an amount to be
determined by the Township Engineer representing a reasonable estimation
of the costs of demolition and removal of the tower.
(4)
If there are two or more users of a single tower,
then this provision shall not become effective until all users cease
using the tower.
(5)
The owner of every tower located in the Township shall,
on or before December 1 in each year, provide a certification to the
Township Clerk that the tower is operational. Said certification shall
be submitted on a form provided by the Township Clerk.
H.
List of administratively approved uses. The following
uses may be administratively approved by the Township Land Use Officer:
(1)
Locating antennas on existing structures or towers consistent with the terms of Subsection H(1)(a) and (b) below.
(a)
Antennas on existing structures. Any antenna
which is not attached to a tower may be approved by the Township Land
Use Officer as an accessory use to any commercial, industrial, professional,
institutional or multifamily structure of eight or more dwelling units,
provided:
(b)
Antennas on existing towers. An antenna which
is attached to an existing tower may be approved by the Land Use Officer
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 such collocation is accomplished in a manner
consistent with the following:
[1]
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.
(2)
Installing a cable microcell network through the use
of multiple low-powered transmitters/receivers attached to existing
wireline systems, such as conventional cable or telephone wires, or
similar technology that does not require the use of towers.
I.
Nonconforming uses/structures.
(1)
Preexisting towers. Preexisting towers shall be allowed
to be maintained and continue their usage as they presently exist,
pursuant to state law. Routine maintenance shall be permitted on such
preexisting towers. New construction other than routine maintenance
on a preexisting tower shall comply with the requirements of this
section.
(2)
Rebuilding damaged or destroyed nonconforming towers
or antennas. Bona fide nonconforming towers or antennas that are damaged
or destroyed may be rebuilt without having to first obtain a conditional
use permit or variance and without having to meet the separation requirements
specified herein; provided, however, that the type, height and location
of the tower on site shall be of the same type and intensity or of
a lesser height and intensity as the original facility. Building permits
to rebuild the facility shall comply with the then applicable building
codes and shall be obtained within 180 days from the date the facility
is damaged or destroyed. If no permit is obtained or if said permit
expires, the tower or antenna shall be deemed abandoned.
Retail nurseries (NAICS 44422) may be permitted
in specified zones only upon receipt of a conditional use permit.
A conditional use permit shall be granted, provided that the following
standards are met:
A.
Minimum lot area shall be no less than two acres.
B.
No nursery may be located within two miles, measured
by driving distance on public roads between nearest property lines,
of any other nursery.
C.
Site plan approval shall be required and any development
shall be subject to the following supplemental zoning regulations.
(1)
All outdoor retail sales and/or outdoor display area
shall be designated and dimensioned on the site plan.
(2)
All outdoor retail sales and/or display areas shall
comply with the principal building setbacks for the zone in which
the site is located.
(3)
Outdoor retail sales and/or display areas shall only
be permitted as accessory to a principal retail building.
(4)
All outdoor retail sales and/or display areas shall
be adequately illuminated during evening hours.
(5)
All outdoor retail sales and/or display areas shall
be counted towards the permitted building coverage of the site.
(6)
Vehicle loading and unloading areas shall be provided
distinct from the required parking facilities.
(7)
All outdoor retail sales and/or display areas shall
be counted towards the parking requirements for the use.
Gasoline service stations (NAICS 4471) may be
permitted in specified zones only upon the receipt of a conditional
use permit. A conditional use permit shall be granted, provided that
the following standards are met:
A.
The location of such facilities shall be limited as
follows:
(1)
The minimum site area shall be 40,000 square feet.
(2)
The minimum street frontage shall be 300 feet.
(3)
Distance from public meeting places. No building permit
shall be issued if any part of the lot or plot on which such use will
be made is situated within a distance of 500 feet measured by a straight
line between nearest property lines, of premises on which are located
one or more of the following types of buildings.
(a)
Public, private and parochial schools.
(b)
Hospitals and nursing homes.
(c)
Churches and other places of worship.
(d)
Theaters and assembly halls.
(e)
Public libraries.
(f)
Public museums.
(g)
Lands held by any public corporation for the
purposes of erecting thereon any of the institutions listed above
or to be used in connection with such uses.
B.
Site plan approval shall be subject to the following
supplemental zoning regulations. The development of such facilities
shall be controlled as follows:
(1)
The minimum floor area shall be at least 1,000 square
feet.
(2)
No pits, racks, lifts or repair work shall be permitted
out of doors; no disabled vehicle shall be permitted to remain on
the premises for more than two weeks, and no more than four disabled
vehicles shall be stored or parked on the premises at one time.
(3)
No vending machines shall be permitted out of doors.
(4)
Gasoline pumps shall be located at least 30 feet from
any property line.
(5)
All fuel or similar volatile substances shall be stored
underground.
(6)
No ingress or egress drives shall be located closer
than 50 feet to any other drive on the same site or any other property.
Such ingress and egress drives shall have a width of at least 20 feet,
but not more than 30 feet.
(7)
No paved areas other than an ingress or egress drive
may be located within 10 feet of any property line.
(8)
All unpaved areas of the site shall be graded and
planted with grass, shrubs or trees.
(9)
No building shall be erected nearer than 50 feet to
any street line nor nearer than 20 feet to any side or rear property
line.
(10)
The minimum unoccupied open space shall be 30%
of the lot area.
(11)
The maximum lot coverage shall be 10% of the
lot area.
(12)
The operation of such facilities shall be limited
as follows:
(a)
No body or fender repairs shall be permitted
on any part of the premises.
(b)
No motor vehicles, trailers or boats for sale
or lease shall be parked, stored or displayed on any pat of the premises.
(c)
No vehicle shall be permitted to be standing
or parked on the premises of a motor vehicle service station other
than those used by the employees in the indirect or direct operation
of the establishment.
(d)
Accessory goods for sale may be displayed on
the pump islands and the building island only. The outside storage
of oil cans and/or antifreeze and similar products may be displayed
on the respective islands, if provided for in a suitable metal stand
or rack.
C.
Gasoline service stations located in the HB-80 or
HB-120 Zones which are operated as a dual use with a fast-food convenience
store shall be subject to the following supplemental conditions which
must be satisfied in order for a conditional use permit to be issued:
[Added 6-19-2001 by Ord. No. 26-2001]
(1)
The minimum lot area for a combined fast-food convenience
store/gasoline service station shall be 60,000 square feet.
(2)
The maximum size of the fast-food convenience store
operated in conjunction with a gasoline service station shall be 2,400
square feet of gross floor area.
(3)
The gasoline service station shall be limited in size
to four multiple dispensing units and eight fueling points.
(4)
The minimum required front yard setback shall be increased
to 75 feet in the HB-80 Zone and 100 feet in the HB-120 Zone.
(5)
No drive-through facilities shall be permitted for
combined gasoline service station/fast-food convenience store operations.
Motor vehicle, boat, recreational vehicle and
motorcycle dealerships may be permitted in specified zones only upon
receipt of a conditional use permit. A conditional use permit shall
be granted, provided that the following standards are met:
A.
New or used automobiles, or new or used boats, trailers,
campers or other types of drawn or propelled vehicles on display for
sale or awaiting delivery are permitted only where accessory to the
sale of new vehicles through the use of showroom displays and where
no less than 50% of the automobiles, boats, trailers, or other vehicles
for sale stored on site are new vehicles.
[Amended 6-9-1999 by Ord. No. 13-1999]
B.
All display and storage is to be conducted on the
same lot as the principal use and not closer than 25 feet to any street
line.
C.
In no event shall any premises used as a sales or
showroom display center be located within two miles of any such other
sales or showroom display center, measured by driving distance on
public roads between the nearest property lines. This subsection shall
not apply to any sales or showroom display center for which a certificate
of occupancy was issued prior to January 1, 2001.
[Amended 5-9-2001 by Ord. No. 12-2001]
D.
Site plan approval shall be required and any development
shall be subject to the following supplemental zoning regulations:
(1)
The vehicles shall be stored on paved parking areas
constructed in accordance with the standards established in the chapter.
(2)
Parking areas for employees and customers shall be
separate and distinct from vehicle and display areas and shall be
so noted on a site plan.
(3)
No vehicle may be stored or displayed on a surface
not specifically noted as such on an approved site plan.
(4)
An on-site truck loading area not less than 15 feet
by 50 feet shall be provided and have adequate access to drive aisles
and an ingress/egress outlet.
(5)
No vehicles may be unloaded from an off-site location.
Hotels, and similar commercial establishments
providing transient lodging or lodging and meals for the general public
may be permitted in specified districts only upon receipt of a conditional
use permit. A conditional use permit shall be granted, provided that
the following standards and specifications are met:
A.
The site shall have direct access to a primary arterial
road as designated in the Master Plan or, where the site is part of
an approved or proposed planned commercial development, the local
road network shall have direct access to a primary arterial road as
designated in the Master Plan.
[Amended 10-13-2004 by Ord. No. 25-2004]
B.
The minimum site area shall be five acres.
C.
The minimum street frontage shall be 300 feet on any
one street.
D.
The height of buildings may be increased to 80 feet
provided no part of the structure shall be closer to any property
line than a distance equal to its height at that point.
E.
A hotel shall be permitted only when:
(1)
It contains 100 or more rooms or suites used, rented
out or hired for sleeping and living purposes by guests; and
[Amended 3-8-2006 by Ord. No. 4-2006]
(2)
Where only a general kitchen and dining room, banquet
room and/or ancillary facilities, such as a swimming pool and guest
service facilities, are provided within the building but where separate
kitchen facilities are not permitted in each individual room.
(3)
When multiple living suites are located within two
or more detached buildings in an extended-stay hotel, the suites may
contain kitchen facilities, subject, however, to the following:
[Added 3-8-2006 by Ord. No. 4-2006]
(a)
The facility shall be operated, maintained and
advertised as an extended-stay hotel and shall not be maintained,
operated, used or advertised as an apartment complex or facility.
(b)
The facility shall contain a central lobby;
a hotel reception desk that is open and staffed at all times; and
a restaurant.
(c)
Such additional detached ancillary buildings
and structures in the facility may include, but are not limited to,
pools, spas, guest services, health club amenities, other recreation
facilities and business offices.
F.
A hotel may include accessory retail shops and other
personal services for the convenience of its guests, provided that
the total floor area devoted to such usage does not exceed 500 square
feet and external signage does not give evidence to the existence
of such accessory shops.
G.
A hotel may include accessory eating, drinking and
entertainment establishments, provided that they are wholly contained
within the principal building and are accessed through a main entry
foyer shared by the hotel.
H.
Site plan approval shall be subject to the following
supplemental zoning regulations:
(1)
All buildings permitted by this section shall be set
no closer than 75 feet to a front property line, 30 feet to a side
property line and 35 feet to a rear property line.
(2)
A minimum planted buffer area of 25 feet be provided
along all side and rear property lines except that when the hotel
site borders a residential zone or use, a buffer area of 50 feet shall
be provided along the property line adjacent to the residential zone
or use. Such buffer areas shall be planted of conifers and other plant
materials and shall conform to the requirements of the Zoning Ordinance
so as to create a visual screen to hotel rooms, pools and exterior
patios and other meeting or public congregation areas.
(3)
A fire safety plan for evaluation of hotel guests
and employees shall be included with the site plan for review and
approval by the Hearing Board and Fire Subcode Official.
(4)
A security plan shall be included with the site plan
for review and approval by the hearing board and the Police Chief.
(5)
Preliminary architectural and floor plans shall be
included for review and approval by the hearing board and shall include
all proposed uses, and sound, light and visual protection details
for all lodging areas. Elevations and architectural details shall
show the type of structure(s), facade design, exterior fabric material
proposed and the design compatibility with area structures. Floor
plans shall reflect the design layout and uses for all proposed floors.
An automotive repair shop may be permitted in
specified zones only upon the receipt of a conditional use permit.
A conditional use permit shall be granted, provided that the following
standards are met:
A.
The location of such facilities shall be limited as
follows:
(1)
Automotive repair shops shall be located on a lot
with an area of not less than 40,000 square feet with a minimum frontage
of 200 feet on one street.
(2)
No automotive repair shop shall be located within
500 feet of any public entrance to a place of worship, school, library,
hospital, fire station, park, playground, charitable institution,
or place of public assemblage. The distance shall be measured in a
straight line along the center line of streets forming the shortest
route from a point opposite the nearest boundary from said public
entrance to a point opposite the nearest boundary of the repair garage
lot.
B.
Site plan approval shall be subject to the following
supplemental zoning regulations. The development of such facilities
shall be controlled as follows:
(1)
A buffer not less than 35 feet in depth shall be established
adjacent to any residential zone or property.
(2)
No outdoor oil drainage pits or hydraulic lifts shall
be permitted.
(3)
All motor vehicles awaiting repair or under repair
which are stored out of doors shall be shall be kept in a designated
screened from public by a solid fence and/or evergreen plantings as
required by the Planning Board.
(4)
The maximum lot building coverage shall be 20% of
the lot area.
(5)
The minimum unoccupied open space shall be 30% of
the lot area.
(6)
The operation of such facilities shall be limited
as follows:
(a)
Any repair, lubrication or other similar services
to motor vehicles shall be performed in a fully enclosed building.
No parts or partially dismantled motor vehicle may be stored out of
doors.
(b)
No motor vehicle awaiting repair or under repair
may be stored in a required parking area. A designated outdoor storage
area conforming with the outdoor storage requirements of this chapter
shall be established.
(c)
Only motor vehicles awaiting repair may be stored
on the site.
Miscellaneous repair services may be permitted
in specified zones only upon receipt of a conditional use permit.
A conditional use permit shall be granted, provided that the following
standards are met:
A.
The location of repair services shall be limited to
a lot with an area of not less than 40,000 square feet with a minimum
frontage of 200 feet on one street.
B.
Site plan approval shall be subject to the following
supplemental zoning regulations. The development of such facilities
shall be controlled as follows:
(1)
A buffer not less than 35 feet in depth shall be established
adjacent to any residential zone or property.
(2)
The maximum lot building coverage shall be 20% of
the lot area.
(3)
The minimum unoccupied open space shall be 30% of
the lot area.
(4)
All repair work shall be performed in a fully enclosed
building. No parts or partially dismantled equipment may be stored
out of doors.
(5)
No equipment or materials may be stored out of doors.
Golf courses and country clubs may be permitted
in specified zones only upon the receipt of a conditional use permit.
A conditional use permit shall be granted, provided that the following
standards are met:
A.
The site shall have direct access to a road classified
as a secondary arterial or collector road by the Township of Wall
Master Plan.
B.
The course shall be located on a site of not less
than 50 acres.
C.
The operation of the golf course shall be restricted
to daylight hours and shall not include what are commonly known as
golf driving ranges, miniature golf course, or pitch and put golf
courses.
D.
The course shall provide a minimum playing distance
of 2,500 yards from the first tee to the last green.
E.
No building shall be erected nearer than 100 feet
to any property line.
F.
The operation may include, in addition to a clubhouse
and other buildings normally accessory to a golf course operation,
a restaurant under the following additional conditions.
(1)
Restaurants may be open to the general public but
must be operated under the same ownership as the golf course.
(2)
The design and location of any restaurant constructed
in conjunction with a golf course shall be such that the restaurant
will blend harmoniously with the golf course and the area in which
the golf course is situated.
(3)
No restaurant may be opened for operation prior to
the completion of the construction of the golf course.
Nursing and personal care facilities may be
permitted in specified zones only upon the receipt of a conditional
use permit. A conditional use permit shall be granted, provided that
the following standards are met:
A.
The minimum site area shall be three acres and the
minimum frontage shall be 250 feet.
B.
The site shall have direct access to a secondary arterial
road as indicated on the Township of Wall Master Plan as amended.
C.
No nursing or personal care facilities shall be located
nearer than 500 feet to any gasoline filling station measured by a
straight line between nearest property lines.
D.
Site plan approval shall be subject to the following
supplemental zoning regulations.:
(1)
No vehicular access shall be permitted onto any road
not classified as a collector or arterial road in the Township of
Wall Master Plan as amended.
(2)
No building shall be located nearer than 100 feet
to any property line; and further provided that for every foot in
height by which a building exceeds the height limit of the zone in
which it is located, the building shall be set back one additional
foot from any adjoining residential property line.
(3)
Nursing homes shall not exceed two stories in height.
(4)
Maximum site coverage shall be 20%.
(5)
A fifty-foot deep buffer strip shall be provided along
the entire perimeter.
Public, private or parochial schools, including
institutions of higher learning, may be permitted in specified zones
only upon receipt of a conditional use permit. A conditional use permit
shall be granted, provided that the following standards and specifications
are met:
A.
The use shall constitute a customary educational facility.
B.
The proposed school shall meet the minimum standards
of the New Jersey Department of Education.
C.
Convents, social halls and similar uses which are
accessory to the educational use shall be permitted on site or on
a property within 200 feet.
D.
A school site must have direct access only on existing
or proposed secondary arterial or collector road as indicated on the
Township of Wall Master Plan.
E.
Elementary schools shall have a minimum lot area of
five acres plus one acre for each 25 students or fraction thereof.
F.
Secondary schools shall have a minimum lot area of
10 acres plus one acre for each 25 students or fraction thereof.
G.
Nursery schools serving more than 25 children shall
have a minimum lot area of three acres plus one acre for each 25 children
or fraction thereof.
H.
Nursery schools serving more than five but not more
than 25 children shall have a minimum lot area of one acre.
I.
No elementary or secondary school building shall be
located nearer than 100 feet to any property line.
J.
No nursery school building shall be located nearer
than 25 feet to any interior lot line or located nearer than 50 feet
to any street line.
K.
No play area shall be located nearer than 50 feet
to any adjoining residential property.
L.
The minimum street frontage shall be 500 feet.
M.
No school premises shall be located nearer than 500
feet to any gasoline filling station measured by a straight line between
nearest property lines.
N.
Site plan approval shall be subject to the following
supplemental zoning regulations.
(1)
Educational uses shall be screened from adjacent residential
zones or existing residences adjacent to the site in accordance with
the provisions of this chapter and/or shall provide fencing along
such property lines as may be deemed adequate by the Planning Board.
(2)
Minimum unoccupied open space shall be 35%.
Child day-care services may be permitted in
specified zones only upon the receipt of a conditional use permit.
A conditional use permit shall be granted, provided that the following
standards are met:
A.
Any child-care facility shall be licensed by the New
Jersey Division of Youth and Family Services.
B.
Any child-care facility associated with an office
or plaza shall be contained within the principal structure and may
not be freestanding.
C.
Site plan approval shall be subject to the following
supplemental zoning regulations:
(1)
Any facility shall have at least one exit which shall
discharge into an open area having a minimum dimension of 15 feet
and a minimum area of 50 square feet per child.
(2)
All child care facilities shall provide adequate on-site
parking conforming with the following standards:
(a)
Parking shall be provided in an amount which
shall be the greater of one space for each 700 square feet of gross
floor area or one space for each employee plus one space for each
10 children.
(b)
A dropoff area for two cars shall be provided
with a staging area sufficient to accommodate one waiting car for
the greater of each 700 square feet of gross floor area or each 10
children.
(3)
All child-care facilities shall provide an on-site
outdoor play area conforming with the following standards:
(a)
Play areas shall occupy an area which shall
be the greater of 50% of the gross floor area or 200 square feet per
child. A portion of the play area shall be covered, the minimum area
of which shall be the greater of 40% of the gross floor area or 20
square feet per child.
(b)
Play areas shall be enclosed by a fence or having
a height of not less four feet.
(c)
Areas containing more than two pieces of play
equipment shall be visually screened from adjoining residential properties.
(d)
When adjacent to residential properties, usage
of play areas shall be limited to between the hours of 9:00 a.m. and
5:00 p.m.
(e)
Play areas shall not be located where concentrations
of carbon monoxide equals or exceeds 10 mg/m3.
[Added 6-8-2005 by Ord. No. 18-2005; 7-13-2011 by Ord. No.
18-2011; 9-14-2011 by Ord. No. 22-2011; 6-28-2017 by Ord. No. 5-2017; 9-25-2019 by Ord. No. 14-2019]
Special trade contractors; plumbing, heating, air-conditioning,
and solar system contractors involving the installation, servicing
and selling of heating and air-conditioning appliances and solar systems
may be permitted in the OP-2, OR-2, or OR-5 Zones as set forth in
the Schedule of Permitted and Conditional Uses[1] only upon receipt of a conditional use permit.
A.
The minimum size of the building in which the use
is located shall be 20,000 square feet.
B.
A minimum of 30% of the building shall be devoted
to office space. In the case of partial building occupancy, 30% of
the space designated for the use (NAICS 23511) shall be devoted to
office space ancillary to that use.
C.
The on-site storage of service vehicles shall be limited
to no more than 25% of the parking spaces required by this chapter.
The service vehicles to be stored on site shall be limited to vans
of no more than 19 feet in length.
D.
The service vehicles stored on the site shall not
be visible from any public street. Landscaping and buffers shall
be supplemented to provide year-round screening of the area in which
service vehicles are to be parked or stored.
[1]
Editor’s Note: The Schedule of Permitted and Conditional Uses is included as an attachment to this chapter.
[Amended 6-12-2002 by Ord. No. 24-2002]
Churches and other places of worship or assembly
for religious purposes may be permitted in specified zones only upon
receipt of a conditional use permit. A conditional use permit shall
be granted, provided that the following standards and specifications
are met:
A.
The site shall have direct access to a street classified
as a collector or secondary arterial road in the Township of Wall
Master Plan.
B.
The minimum distance from gasoline filing stations
shall be 500 feet measured by a straight line between nearest property
lines.
C.
The minimum site area shall be five acres and the
minimum frontage shall be 300 feet.
D.
Accessory uses and structures.
(1)
Accessory activities that occur more frequently than
four times per year shall be expressly authorized only after the ability
to provide adequate parking has been demonstrated to the board's satisfaction.
(2)
Permitted outdoor accessory structures and uses. Activities
associated with the principal and accessory uses of the property shall
primarily and routinely occur indoors. The following outdoor accessory
structures and uses shall be permitted in accordance with the following
standards:
(a)
Storage buildings and garages. All materials
stored outdoors shall be contained in a garage structure. The structure
shall match the architecture and building materials of the principal
building. No storage and garage structure shall exceed 20 feet in
height. The area of such buildings shall be included in the calculation
of the building coverage. The setbacks for such buildings shall be
the same as those for principal buildings. Accessory buildings shall
be buffered from adjacent properties through vegetative plantings
and, where appropriate, with fencing.
(b)
Playgrounds and athletic fields and courts.
These accessory uses shall not be lighted for nighttime use. The setbacks
for such buildings shall be same as those for principal buildings.
Such uses shall be buffered from adjacent properties through vegetative
plantings and, where appropriate, with fencing.
(c)
Additional buildings and structures that are
incidental and necessary for the effective operation of the principal
use shall be permitted upon board review and approval.
(d)
Permanent amphitheaters or stages shall not
be permitted.
(e)
Outdoor speakers or sound systems shall not
be permitted.
E.
Maximum site coverage shall not exceed 30%.
[Amended 11-13-2002 by Ord. No. 46-2002]
Home professional occupation as defined in this
chapter may be permitted in any residential zone only upon receipt
of a conditional use permit and provided that the following standards
are met, together with any other reasonable requirements deemed necessary
by the Planning Board and any other applicable requirements of this
chapter:
A.
The home professional office shall be carried on entirely
within the principal building and shall under no circumstances utilize
an area exceeding 25% of the total habitable floor area of the principal
building, or 1,500 square feet, whichever is less.
B.
No such home professional office shall require any
exterior alterations of the principal building.
C.
The office shall be located on a lot of not less than
one acre in size and shall be no closer than 200 feet to an adjoining
residential property.
D.
There shall be no exterior evidence of said home professional
office whether visual or audible, or detectable by human sense of
smell or sense of feeling except that one small nameplate sign may
be displayed in the front yard, such sign shall not exceed two square
feet in area on any one side; and such sign may be illuminated only
by a nonflashing incandescent or fluorescent light of sufficient wattage
to illuminate only the fact of the sign.
E.
Any off-street parking area necessary to serve the
home professional office shall be located in a side or rear yard and
shall be screened from adjacent properties by a densely planted evergreen
hedge at least five feet in height. No such parking area shall be
located closer than five feet to any property line nor nearer to any
public street than the established building setback line.
F.
Since the basic interest of this section is to prevent
the commercialization of residential zones, while still permitting
small home offices, it shall be understood as a condition of approval
of a conditional use permit for a home professional office that a
violation of the requirements of this section shall be grounds for
the revocation of the conditional use permit and that the home professional
office must be abandoned or relocated within a commercial zone within
a period not exceeding six months from the receipt of written notice
from the Planning Board that the conditional use permit has been revoked.
Special trade contractors as defined in this
chapter shall be permitted in the HB-20 and the HB-40 Zones only upon
receipt of a conditional use permit and provided that the following
standards are met, together with any other reasonable requirements
deemed necessary by the Planning Board and any other applicable requirements
of this chapter:
A.
All equipment and materials used or stored in relation
to the contractor's operation shall be kept indoors at all times.
There shall be no outdoor display or storage of any equipment or materials.
B.
Parking of all vehicles used in the contractor's operation
shall be in an area specially designated for this purpose on a site
plan and demarcated at the site. The area shall be separated and distinct
from any required customer and employee parking on site pursuant to
this chapter and shall not diminish the number of such spaces nor
access to them.
C.
No vehicles longer than 19 feet in length or having
more than two axles or taller than 10 feet in height may be stored
or parked on site.
Establishments primarily engaged in blending,
compounding and re-refining of lubricating oils and greases from purchased
materials shall be permitted in GI-10 Zone only upon the receipt of
a conditional use permit. A conditional use permit shall be granted,
provided that the following standards and specifications are met:
A.
The location of such facilities shall be limited as
follows:
(1)
The minimum site area shall be 25 acres.
(2)
The minimum setback from any side or rear property
line shall be 75 feet.
(3)
A minimum buffer as defined herein of 150 feet shall
provided where the property line of the site abuts a residential zone
or a with an existing residential use.
(4)
A minimum buffer of 50 feet shall be required where
the forms the zone boundary between the site and a residential zone.
(5)
No building used for the manufacturing or storage
of the manufactured product shall be located within 250 feet of any
property line adjacent to a residential use or zone or adjacent to
a street which forms the boundary of the site with a residential zone.
B.
In the case of natural woodlands, the buffer may be
natural vegetation. In addition, further plantings shall be provided
should the Planning Board deem the same necessary to provide effective
buffering.
C.
For office buildings, parking and other structures
not directly associated with the manufacture or storage of the manufactured
product, the general setback requirements of the GI-10 Zone shall
apply; provided, however, that the required buffer, as required herein,
is supplied.
D.
The following uses shall be permitted only as an accessory
to the principal permitted use, and shall be limited to the manufacture,
mixing or blending of the following industrial organic chemicals:
(1)
Fatty acid esters and amines.
(2)
Hydraulic fluids, synthetic base.
(3)
Metallic salts of acyclic organic chemicals.
(4)
Metallic stearates.
(5)
Oxalic acid and metallic salts.
(6)
Plasticizers, organic, cyclic and acyclic.
(7)
Silicones.
(8)
Sodium acetate.
(9)
Solvents, organic.
(10)
Sorbitol.
(11)
Stearic acid salts.
[Added 2-9-2000 by Ord. No. 2-2000][1]
Motion-picture theaters shall be permitted in
the HB-200 Zone only upon the receipt of a conditional use permit.
A conditional use permit shall be granted, provided that the following
standards and specifications are met:
A.
The location of such facilities shall be limited as
follows:
B.
The site shall have direct access to a state highway,
and no access or egress shall be provided on any local or county roadway.
[1]
Editor's Note: Original Section 14-405.2c(19),
Assisted Living Facilities (NAICS 623312), and the accompanying amendment
to the Schedule of Permitted and Conditional Uses, was repealed 1-27-1999
by Ord. No. 1-2001
[Added 4-4-2012 by Ord. No. 7-2012]
Drinking establishments that provide live entertainment shall
be permitted only upon the receipt of a conditional use permit and
provided the following standards are met, along with any other reasonable
requirements deemed necessary by the Planning Board and any other
applicable requirements of this chapter.
A.
Such
establishments shall provide year-round continuous vegetative landscape
screening to all adjacent properties in the form of evergreen trees
and shrubs that are no less than six feet in height at the time of
planting. All such plantings shall be maintained in a healthy condition
and shall provide continuous screening to adjacent properties.
B.
No such
establishment shall be located within 250 feet of a residential zone
district or a property used and/or occupied for residential purposes.
C.
A solid-view
six-foot-high fence shall be required inside of the planting perimeter
and shall be properly maintained.
[1]
Editor's Note: Former § 140-161,
Age-restricted multifamily housing, added 6-12-2002 by Ord. No. 20-2002,
amended 2-12-2003 by Ord. No. 4-2003, was repealed 8-10-2005 by Ord.
No. 28-2005.
[Added 6-12-2002 by Ord. No. 21-2002]
One dwelling for the caretaker of record may
be permitted per golf course as a conditional use, provided that the
following standards are met:
A.
For safety purposes, the dwelling shall be located
within 1,000 feet of a public roadway and adequate fire and other
emergency access to the dwelling shall be provided. The Planning Board,
with input from the Township Fire Official, shall determine the appropriateness
of a dwelling's location and adequacy of access to same.
B.
The dwelling shall be constructed, maintained and
occupied as a single-family unit, shall be subject to applicable residential
building codes, and shall not exceed 2,100 square feet in total floor
area.
C.
No outdoor storage of any kind shall be permitted
as accessory to the dwelling.
D.
The dwelling shall be located on the same tax lot
as the principal golf course use and shall not be subsequently subdivided
from the golf course lot or sold, rented or otherwise occupied other
than as the residence for the on-site golf course caretaker.
[Amended 4-8-2009 by Ord. No. 8-2009]
All uses, structures, objects and vegetation
proposed to be located within the Airport Safety Zones of Allaire
Airport (Monmouth Executive Airport) within the Township of Wall shall
comply with all regulations promulgated pursuant to N.J.S.A. 6:1-80,
6:1-84 and 6:1-85 et seq. and as may be amended (Air Safety and Zone
Act) and N.J.A.C. 16-62 et seq. and as may be amended (Air Safety
and Zoning) as required.
Accessory uses and activities shall be permitted
in conjunction with and subject to the requirements applicable to
related principal uses. Accessory uses are expressly subject to the
performance standards[1] and shall be subject to such further restrictions as follows.
A.
Outdoor storage and display.
(1)
Solid waste and recyclable storage.[2]
(a)
Solid wastes and recyclables from single- and
two-family homes, if stored outdoors, shall be placed in metal or
plastic receptacles with tight fitting covers. Such receptacles shall
not be stored or placed within any front yard prior to the time at
which materials are permitted to be placed at the curblines for collection.
If stored within a side yard area, they shall be screened from view
of adjoining properties and street areas with planting or fencing.
(b)
Other outdoor storage areas for solid wastes
and recyclables shall be enclosed by a wall constructed of masonry
and finished to match the principal building's finish not less than
six feet in height and shall be located in a rear yard area only.
(2)
Nonresidential outdoor storage areas for the loading,
storage, or display of materials, goods, or heavy equipment and vehicles,
including the storage of passenger vehicles awaiting repair or service.
(a)
All such areas shall be delineated on an approved
site plan.
(b)
All such areas shall be paved in accordance
with this chapter.
(c)
All such areas shall be separated from off-street
parking and designed to discourage the use of parking areas by truck
traffic.
(d)
Any such areas which are illuminated shall have
lighting fixtures designed so that no glare or beam is directed towards
any adjoining property, public street or dwelling windows.
(e)
All outdoor storage shall be screened from view
from any public street.
(f)
All materials stored out of doors shall be arranged
in an orderly and safe manner.
(g)
All such areas shall be subject to the following
additional restrictions:
[1]
Loading and delivery areas shall be located
at the side or rear of the structure and shall be visually screened
from neighboring properties and public streets.
[2]
Warehouses, trucking terminals, contractors'
yards or other uses involved in outdoor storage or the utilization
of heavy equipment or vehicles such as trucks, vans or trailers shall
confine storage to designated areas. No such storage shall occur and
no area surfaced for such use shall be located within 100 feet of
any street line or within 50 feet of any side property line, or within
75 feet of any rear property line, and in no case within 100 feet
of any residential zone or property.
[3]
Uses involved in outdoor storage or display
of passenger vehicles, motorcycles, recreational vehicles, boats or
nursery stock shall confine storage and display to designated areas.
No such storage shall occur and no area surfaced for such use shall
be located within 25 feet of any street line or side property line,
or within 50 feet of any rear property line, and in no case within
75 feet of any residential zone or property. Outdoor display areas
shall be separated from public rights-of-way by a low level screen
at least two feet high in the form of a decorative wall or evergreen
plantings.
(3)
Nonresidential outdoor displays.
(a)
Outdoor displays in nonresidential zones shall
only be permitted where the goods displayed are the merchandise of
a business included within a structure located on the site, unless
in accordance with a permit or other approval issued therefore by
the Township. Uses such as flea markets where two or more concessionaires,
proprietors or businesses display goods for sale out of doors shall
not be permitted in any zoning district within the Township. Outdoor
displays should comply with the following regulations:
[1]
Temporary sales and outdoor display of goods
may be permitted where the goods displayed are the merchandise of
a business included within a structure located on the site. No business
shall hold more than five such sales per year nor shall any one sale
exceed one week in duration. Such displays or sales shall be in accordance
with a permit issued by the Zoning Officer.
[2]
Temporary flea markets and sales operated by
nonprofit groups such as places of worship may be permitted where
the goods displayed are on a site which is already developed as a
principal use of the nonprofit group. No nonprofit group shall hold
more than five such sales per year nor shall any one sale exceed one
week in duration. Such displays or sales shall be in accordance with
a permit issued by the Zoning Officer.
(b)
Coin-operated vending machines shall not be
located further than two feet from a related business structure.
(c)
Goods for sale or displayed shall not be located
closer than 25 feet to any street right-of-way or 15 feet to any side
or rear line, except in conjunction with temporary sidewalk or other
types of outdoor sales, and shall not block pedestrian access, fire
lanes or parking facilities. Such display or sales shall be in accordance
with a permit issued by the Zoning Officer.
(d)
Seasonal sales of Christmas trees may be conducted
by commercial establishments in the primary business of selling nursery
stock or operating a Christmas tree farm. The temporary sale of Christmas
trees by nonprofit organizations shall be permitted in nonresidential
zones and on property owned by the organization in accordance with
a permit issued by the zoning officer, beginning the day after Thanksgiving
through the month of December. No such permit shall be issued unless
adequate off-street parking and maneuvering space for vehicles of
customers can be provided and unless it can be demonstrated that the
temporary use will not interfere with other uses on the site. Each
such temporary, use shall be permitted to have one freestanding sign,
no larger than 12 square feet in area, no closer to any property line
than 10 feet, and not exceeding six feet in height. All signs and
other materials or equipment used in connection with such temporary
sales shall be removed from the property on which the sales are being
conducted no later than January 2.
[Added 8-11-1999 by Ord. No. 23-1999]
(4)
The outdoor storage of an unoccupied recreational vehicle, motor
home, travel trailer, camper or small boat shall be permitted on single-family
properties, provided that:
[Amended 10-22-2014 by Ord. No. 21-2014]
(a)
Only one such travel trailer or camper, or one small boat shall
be permitted to be stored outdoors at any single-family residence,
provided that a minimum of two off-street passenger vehicular parking
spaces are provided and remain available for that purpose on the property
in addition to the space that is being utilized for the unoccupied
recreational vehicle, motor home, travel trailer, camper or small
boat.
(b)
Any such vehicles stored in accordance with this section shall
not be occupied and shall not be provided with utility connections.
(c)
Permanent or temporary overnight occupancy or use of trailer,
travel trailer, motor home, boat or recreational vehicle is not permitted
in any zone.
(d)
Such storage shall be in a side or rear yard area except that the Zoning Officer may allow other on-site storage where it is not feasible to store in a side or rear yard but only when the two additional parking spaces are provided as required in § 140-164A(4)(a).
(e)
No storage shall be permitted on a public road.
(f)
Stored items shall be kept in good repair, and, if applicable,
be validly registered by the New Jersey Department of Motor Vehicles.
(g)
The storage size of the recreational vehicle, motor home, travel
trailer, camper or small boat shall not exceed the following limitations:
[1]
Small boat: 28 feet in length and eight feet in width.
[2]
Recreational vehicle, motor home, travel trailer, or camper:
in the closed position only and no more than 45 feet in length and
eight feet in width. The dimensions shall not include any expandable
options such as sliding sections that can increase the width and/or
length of a motor home when in use.
(5)
Construction trailers, upon the approval of the Land
Use Officer, may be parked on premises in any zone after issuance
of a building permit for and during the construction of the principal
structure thereon, but shall be removed prior to the issuance of the
certificate of occupancy for the principal structure in residential
zones and within 30 dates of the issuance of the certificate of occupancy
for the principal structure in all other zones.
(6)
Commercial vehicle storage.
(a)
No commercial motor vehicle having a rated maximum
gross vehicle weight (GVW) in excess of 10,000 pounds or having more
than two axles, or within excess of 19 feet in length shall be parked
or stored overnight on any occupied property which is primarily used
for residential purposes or on any vacant property in a residentially
zoned area, except for vehicles engaged in construction, parked or
stored on an active construction site for which a permit has been
issued.
(b)
Not more than one motor vehicle with commercial
motor vehicle registration, having a rated maximum gross vehicle weight
(GVW) of 10,000 pounds or less shall be parked or stored overnight
on any occupied property which is primarily used for residential purposes
or on any vacant property in a residentially zoned area, except for
vehicles engaged in construction, parked or stored on an active construction
site. This provision shall not apply to passenger automobiles with
commercial motor vehicle registration.
B.
Agricultural accessory businesses. Agricultural accessory
businesses intended to supplement farm income are permitted as accessory
to active agricultural uses subject to the following restrictions:
(1)
Such businesses shall involve only the sale of products
or crafts grown and made on-site or the provision of services employing
farm tools and implements used on-site.
(2)
Employees shall be limited to household members, farm
employees and part-time or seasonal workers.
(3)
No farm business shall be conducted on a site of less
than five acres.
(4)
The area devoted to use by the business shall be limited
to 5,000 square feet of the site and shall be located not less than
400 feet from any residential property and not less than 150 feet
from any public road.
(5)
Any buildings devoted to use by the business shall
be no more than 1,000 square feet and shall be otherwise subject to
all zoning and site plan requirements.
(6)
Accessory uses to which the public is invited to harvest
and purchase farm products by self-service shall be permitted but
otherwise subject to all zoning and site plan requirements.
C.
Miscellaneous repair services.
(1)
Repair and service activities shall be considered
a customary accessory to permitted sales uses provided they remain
incidental and subordinate to the sales use.
(2)
The repair and service activity shall be wholly located
within the contiguous floor area of the sales use. It shall not utilize
more than 25% of the total floor area or more than 1,500 square feet.
(3)
It shall not have a separate customer entrance.
(4)
There shall be no exterior evidence of the repair
and service activity. The premises shall not differ from those characteristics
expected in the zone in the following regards:
Fast-food convenience stores (NAICS 44512) and
fast-food/carry-out restaurants (NAICS 7222), where permitted in specified
zones, shall be subject to the following supplemental zoning regulations:
A.
The use shall be conducted within a totally enclosed,
permanent building.
B.
There shall be no manufacturing, processing or assembling
conducted on the premises, except that which is incidental and essential
to the food enterprise, such as assembling of sandwiches, provided
the processed or assembled merchandise is sold at retail on the premises.
C.
The use shall provide separate public rest room facilities
easily accessible from the interior of the building for male and female
customer use.
D.
Ingress and egress shall be provided from a nonresidential
arterial or collector street.
E.
Adequate on-site parking for standard and large vehicles
shall be provided, as required by this section. Large vehicle parking
spaces shall be screened from view from any public street.
F.
Adequate on-site loading zones according to this section
shall be provided. A loading zone shall not be located within any
other drive aisle or parking space.
G.
Adequate on-site refuse and recycling storage facilities
according to this section shall be provided.
H.
In no event shall any premises used for fast-food
convenience store or fast-food/carry-out restaurant use be located
within 1,500 feet, measured by driving distance on public roads between
nearest property lines, of any other such convenience store or fast-food/carry-out
restaurant use.
I.
The minimum pad site, lot, lease or condominium area
of the use shall be 80,000 square feet and shall meet the bulk requirements
of the HB-80 Zone, except that the height of the principal building
shall be no more than one story and 20 feet; provided, however, that
the minimum area may be reduced to 40,000 square feet, if the approving
agency finds that all other requirements of the chapter pertaining
to the use have been satisfied.
