A. Public Utilities.
Nothing in this part shall be interpreted as prohibiting public utility distribution facilities, such as water distribution lines, sanitary sewers and telephone and electric distribution lines, along with related attendant facilities intended for local service, which utility systems are permitted in all zone districts when approved by the appropriate serving utility agency.
B. Private Utilities.
(1) Solar Energy System
(a) The primary purpose of a solar energy system, whether arranged as a single solar panel or a solar panel array, shall be to provide energy for the principal use and other permitted accessory uses on the property where the solar energy system is located and shall not be for the generation of power to be sold for commercial purposes. This provision shall not be interpreted to prohibit the disposition of excess power generated from a solar energy system back to a public electric utility provider by which the principal use is served.
(b) Roof-Mounted Solar Energy Systems
(1) Roof-mounted solar energy systems are permitted accessory uses in all zones.
(2) Installation of a roof-mounted solar energy system on a conforming single- or two-family residential building, or on a conforming building that is accessory to a single- or two-family residential building, shall require a zoning permit. Installation of a roof-mounted solar energy system on any other structure shall require minor site plan approval, in accordance with § 165- 55.
(3) A roof-mounted solar energy system shall not be more than six (6) feet higher than the height of the finished roof. In no instance shall any part of the system extend beyond the peak of the roof, extend beyond the maximum height of the roofline, or exceed the maximum height that is permitted for a principal or accessory building in that zone..
(c) Ground-Mounted Solar Energy Systems
(1) Ground-mounted solar energy systems containing 400 s.f. or less of total solar panel surface shall be a permitted accessory use in all zones, shall require a zoning permit and are subject to the following standards:
(i) Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance.
(ii) Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
(iii) Systems shall not exceed ten (10) feet in height.
(2) Ground-mounted solar energy systems containing greater than 400 s.f. of solar panel area are prohibited in residential zones or as an accessory structure to a single- or two-family residential use in a non-residential zone.
(3) Ground-mounted solar energy systems containing greater than 400 s.f. of solar panel area require minor site plan approval, in accordance with § 165-55, prior to obtaining a zoning permit and are subject to the following standards:
(i) Systems shall not be counted in the calculation of maximum impervious coverage as regulated within the Land Development Ordinance. Nevertheless, design of the system shall comply with all stormwater, grading, and soil disturbance regulations of the Land Development Ordinance;
(ii) Systems shall not be constructed in uninterrupted structures, but shall be arranged so that no single contiguous panel area exceeds 400 s.f.
(iii) Systems shall conform to the setback requirements for accessory structures in side and rear yards and shall not be located in front yards.
(iv) Systems shall not exceed ten (10) feet in height unless erected above a parking lot, in which instance the system shall not exceed eighteen (18) feet in height.
(v) Systems shall be located and installed so that sun glare is, directed away from an adjoining property or public rights of way.
(vi) Systems shall be screened from public rights-of-way and adjacent properties via fencing or landscaping.
(vii) Systems shall be designed to blend the system into the existing setting and environment.
**Webmasters Note: § 165-110 has been amended by Ordinance No. 986-09, effective July 8, 2009.
Off-street parking for one and two-family dwellings shall be provided in accordance with § 165-71 A(10).
[Amended 6-24-1993 by Ord. No. 529-93; 9-14-2005 by Ord. No. 891-05; 6-14-2006 and 9-13-2006 by Ord. No. 908-06]
Child-care center shall be a permitted principal or accessory use in all nonresidential zones in Clinton Township. The following standards shall apply to this use when proposed in the C-1, C-2, OB-1, OB-2, ROM-1, ROM-2, ROM-3, and PDO Districts:
A. All portions of any child-care center to be used by children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below grade at the location from which egress is provided to the street.
B. A minimum of 1,000 square feet plus 50 square feet per child of outdoor space, adjacent the center shall be provided and shall be adequately fenced or otherwise protected from hazards, traffic and driveways. The per child outdoor area requirement shall be calculated utilizing the licensed capacity authorized.
C. The hours of operation shall be limited to 6:30 a.m. to 7:00 p.m.
D. Child-care centers shall provide one parking space per employee plus one additional parking space for every five children. Adequate space shall be provided for the loading and unloading of children which shall take place on site and not in a public right-of-way.
E. The internal pedestrian circulation pattern shall be adequate to assure the safe movement of children and parents into and out of the child-care facility. Design features to be incorporated include the use of sidewalks and pedestrian cross walks to connect the parking area with the child-care center facility.
F. Parking areas and pedestrian walkways shall be illuminated to provide safe entrance and egress from the center for both pedestrian and automobile traffic.
G. Location of access driveways, landscaping, signage and general site plan design shall be compatible with the neighborhood in which the center is to be located. The location of any child-care center shall be appropriately situated in relation to the use or area it is intended to serve. No child-care center shall be permitted to be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children.
H. Where a child-care center is provided as an accessory use to a principal use located on the same lot, the gross floor area devoted to the child-care center shall be excluded from calculating the parking and lot coverage requirements for the zone.
I. Where a child-care center is provided as a principal use the area and yard requirements shall apply as noted in the applicable district standards, except in the OB-2 District, where a minimum lot area of 40,000 square feet shall apply.
J. Adequate landscape screening may include the use of earth berms, evergreen plantings and landscape plantings, solid fencing used individually or in combination so as to visually separate the child-care center lot from the adjoining parcels. Each child-care center shall provide landscaped buffers adjacent to any side or rear lot line equal to at least 10% of the lot width.
K. Any child-care center shall comply with all state standards and any local approval shall be conditioned upon receipt of a state license.
L. All other applicable requirements of this chapter shall apply, except where the Planning Board determines that such requirements are not appropriate for child-care centers.
[Added 8-12-1998 by Ord. No. 665-98]
A. Purpose. The purpose of this section is to provide sound land use policies, procedures and regulations for the location and placement of wireless telecommunications structures, antennas and equipment within the Township of Clinton in order to protect the community from the visual and other adverse impacts of wireless telecommunications facilities and to preserve the scenic and historic character of the countryside that the Clinton Township Master Plan seeks to protect. This section seeks to meet the mandate of the Telecommunications Act of 1996, and at the same time, without limiting the generality of the foregoing, to:
(1) Protect residential areas and land uses from the potential adverse impacts of towers and antennas;
(2) Encourage the location of towers in nonresidential areas and along major transportation corridors;
(3) Minimize the total number of towers throughout the community;
(4) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers;
(5) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;
(6) 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;
(7) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(8) Consider the public health and safety of communications towers; and
(9) Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures.
B. Permitted use/conditional use treatment.
(1) Notwithstanding anything in this Chapter 165 to the contrary, the installation of wireless telecommunications antennas on existing structures, subject to minor site plan approval under § 165-45 of this chapter and consistent with the visual compatibility requirements of Subsection C below, shall be a permitted use in all nonresidential zone districts and a conditional use in all residential zone districts of the Township. When proposed as a conditional use, the applicant shall meet the standards of Subsection D.When antennas are proposed as a permitted use on an existing structure in a nonresidential zone district, the applicant shall meet the standards of § 165-113D(1)(a). [Amended 3-24-2004 by Ord. No. 845-04]
(2) Notwithstanding anything in this Chapter 165 to the contrary, wireless telecommunications towers consistent with the provisions of Subsections C(1), (2) and (3) and D shall be a conditional use within all nonresidential zone districts of the Township. [Amended 3-24-2004 by Ord. No. 845-04]
(3) Notwithstanding anything in this Chapter 165 to the contrary, no new wireless telecommunications tower shall be permitted unless the applicant demonstrates with convincing clarity to the 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 need for a proposed antenna. Costs of alternative technology that exceed new wireless telecommunications tower or wireless telecommunications antenna development shall not be presumed to render any alternative technology unsuitable or unavailable.
C. Visual compatibility requirements.
(1) Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be designed, located and screened to blend with and into the existing natural or built surroundings so as to eliminate, to the maximum extent practicable and without regard to cost, adverse visual impacts through the use of color and camouflaging, architectural treatment, landscaping, and other appropriate means which shall cause the visual impact of such antennas and towers to be compatible with neighboring residences and the character of the community as a whole.
(2) Wireless telecommunications antennas on existing structures or buildings and wireless telecommunications towers shall be placed to ensure that historic districts, historically significant viewscapes, streetscapes, and landscapes are not visually impaired and are protected against any visual impairment from wireless telecommunications facilities. The views of and vistas from architecturally and/or significant structures shall not be impaired or diminished by the placement of telecommunications facilities.
(3) The wireless telecommunications equipment compound shall be located to avoid being visually solitary or prominent when viewed from residential areas and the public way.
(4) The wireless telecommunications equipment compound shall be enclosed within a solid wooden fence at least seven feet and no more than eight feet high, as approved by the Township Engineer, which shall include a locking security gate. The height of the equipment building shall not exceed 12 feet.
(5) A wireless telecommunications equipment compound consisting of no more than 1,500 square feet may be erected in support of wireless telecommunications antenna but only if:
(a) It is situated behind existing vegetation, tree cover, structures, buildings or terrain features which will shield completely the wireless telecommunications equipment compound from public view; or
(b) When a location completely out of public view is not possible, a landscape buffer of 20 feet in width shall be provided outside the fence around the wireless telecommunications equipment compound, to shield completely the facility from public view. Landscaping shall include native evergreen and deciduous trees at least eight feet high at the time of planting, and the number of trees shall be based on the equivalent of staggered double rows at 15 feet on center; and
(c) It otherwise complies with the requirements of this chapter.
D. Conditional use standards for the location of wireless telecommunications antennas or towers.
(1) An applicant desiring to construct wireless telecommunications antennas in residential zones or towers in any nonresidential zone shall demonstrate to the satisfaction of the Planning Board, through the presentation and introduction of documentary and parole evidence, each of the following, while an applicant desiring to construct wireless telecommunications antennas in nonresidential zones shall meet the standards of Subsection D(1)(a): [Amended 3-24-2004 by Ord. No. 845-04]
(a) The need for wireless telecommunications antennas at the proposed location. The evidence presented and introduced to the Planning Board shall describe in detail the wireless telecommunications network layout and its coverage area requirements and the need for new wireless telecommunications facilities at a specific location within the Township. The applicant shall also provide evidence to the satisfaction of the Planning Board of all alternate wireless network plan designs which would not require the applicant to construct a wireless telecommunications tower at the proposed location.
(b) That the applicant has exercised its best efforts to locate the wireless telecommunications antennas on existing buildings or structures within the applicant's search area. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meet its burden on this issue, the applicant shall provide to the Planning Board copies of all correspondence from and between the wireless telecommunications provider and the property owners of the existing buildings or structures. The failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that that applicant has not exercised its best efforts as required herein. Evidence demonstrating that no existing wireless telecommunications tower or building or structure can accommodate the provider's proposed antenna may consist of any one or more of the following:
[1] No existing towers or structures are located within the geographic area that is necessary to meet the provider's radio frequency engineering requirement to provide reliable coverage.
[2] Existing towers or structures are not of sufficient height and cannot be made to be of sufficient height to meet the provider's radio frequency engineering requirements, or do not have sufficient structural strength to support the provider's proposed antenna and related equipment.
[3] The provider'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 provider's proposed antenna.
[4] 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 patently unreasonable. Actual, direct costs exceeding new tower design, development, and construction are presumed to be patently unreasonable.
[5] The provider demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(c) The locations of all existing communications towers and other structures of not more than 140 feet in height within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of each location so identified by the applicant in light of the design of the wireless teleconununications network, and the alternate network designs identified pursuant to Subsection D(1)(a) above.
(d) Where a suitable location on an existing tower or other structure is found to exist, but the applicant is unable to secure an agreement to collocate its equipment on such tower or other structure, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate.
(e) A full, complete description of all alternative technologies not requiring the use of towers or other structures to provide the services to be provided by the applicant through the use of the proposed tower.
(f) That the applicant has exercised its best efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Without otherwise limiting the nature of the evidence to be provided by the applicant in order to meets its burden on this issue, the applicant shall provide to the Planning Board the block and lot number of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence from and between the wireless provider and the property owner; the failure of the applicant to present evidence of the foregoing shall constitute a rebuttable presumption that the applicant has not exercised its best efforts as required herein.
(g) Compliance with the Township standard that no wireless telecommunications towers shall be permitted which would require lighting affixed thereto under FCC, FAA or any other governmental agency regulations or requirements.
E. Bulk standards. An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of Subsection D above shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70c:
(1) Minimum lot size: As required by the zone district in which located, or two acres, whichever is larger.
(2) Minimum setback of wireless telecommunications tower from:
(a) Any property line: the zone district setback requirement or the tower height, whichever is greater.
(b) Any existing residence: 500 feet.
(c) Any wireless telecommunications tower: 5,280 feet.
(3) Minimum setback for equipment compound from any property line: The zone district setback requirements for an accessory building.
(4) Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:
(a) Three or more vendors: 140 feet.
(b) Two vendors: 120 feet.
(c) Single vendor: 100 feet.
(5) Maximum height of attached antenna: 10 feet beyond the edge of the building or structure on which attached.
F. Site plan application requirements for the installation of wireless telecommunications towers.
(1) All site plan details required by § 165-58 shall be provided and shall include the site boundaries; tower location; existing and proposed structures, including accessory structures; existing and proposed ground-mounted equipment; vehicular parking and access; and uses, structures, and land use designations on the site and abutting parcels.
(2) Landscape design shall be in accordance with § 165-77. [Amended 6-13-2007 by Ord. No. 923-07]
(3) A report from a qualified expert certifying that the wireless telecommunications tower and equipment facility comply with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code; or the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended; or such other code as may apply to these facilities, including a description of the number and type of antennas it is designed to accommodate.
(4) A binding, irrevocable letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The applicant's counsel shall simultaneously submit a separate opinion of counsel expressing such counsel's opinion as to the enforceability of such binding, irrevocable letter of commitment by the Township under the laws of the State of New Jersey. The letter of commitment shall be recorded prior to issuance of a building permit. The letter shall convnit and be binding upon the tower owner and successors in interest.
(5) Elevations of the proposed tower and accessory building generally depicting all proposed antennas, platforms, finish materials, and all other accessory equipment.
(6) A copy of the lease or deed for the property.
(7) A plan which shall reference all existing wireless telecommunications facilities in the Township, any such facilities in the abutting towns which provide service to areas within Clinton Township, and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.
(8) A three-hundred-sixty-degree perspective of the proposed tower at the proposed location from distances of 1,000 feet, 1/2 mile, one mile and two miles drawn to an appropriate scale.
G. Design standards.
(1) The wireless telecommunications tower shall be designed and constructed so as to accommodate at least three antenna arrays of separate telecommunications providers (the applicant's plus two collocators).
(2) Signs shall not be permitted except for a sign displaying owner contact information, warnings, equipment information, and safety instructions. Such sign shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications facility.
(3) No lighting is permitted except as follows:
(a) Wireless telecommunications equipment compounds enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(b) No lighting is permitted on a wireless telecommunications tower.
(4) Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(5) Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).
(6) Wireless telecommunications facilities shall be surrounded by security features such as a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the approving authority.
(7) Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.
(8) No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.
(9) Wireless telecommunications towers and antennas shall be constructed to the Electronic Industries Association/Telecommunications Industries Association (ELA/TIA) 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
H. Antenna modifications.
(1) Whenever antennas are modified, operators of wireless telecommunications facilities shall provide to Clinton Township a report from a qualified expert certifying that a wireless telecommunications tower or building or other support structure as modified complies with the latest structural and wind-loading requirements as set forth in the Building Officials and Code Administrators (BOCA) International, Inc. Code and the EIA/TIA Standard referenced above. Such modifications shall be subject to site plan review and approval.
(2) Operators of wireless telecommunications facilities shall notify Clinton Township when the use of such antennas and equipment is discontinued. Facilities that are not in use for wireless telecommunications purposes for six months shall be removed by the provider at its cost. This removal shall occur within 90 days of the end of such six-month period. Upon removal, the site shall be cleared, restored, and revegetated to blend with the existing surrounding vegetation at the time of abandonment.
I. Collocation and shared facilities and sites.
(1) FCC licensed wireless telecommunications providers are encouraged to construct and site their facilities with a view toward sharing facilities with other utilities, collocating with other existing wireless facilities and accommodating the collocation of other future facilities where technically, practically, and economically feasible.
J. Application and escrow fee. Site plan application fees and escrows for wireless telecommunications installations shall be as set forth in § 165-13 of this chapter.
