[Added 8-16-2006; amended 12-8-2010; 7-10-2013]
A. Purpose. The overall intent and purpose of the wireless telecommunications towers and antennas policy is to coordinate all antennas on as few towers as possible and to avoid the proliferation of new towers throughout the Township. Therefore, it is recommended that future antennas be mounted directly on existing towers or structures that exceed 35 feet in height. If additional coverage is required new towers should be diverted to municipal property or agricultural properties containing a minimum of 30 acres.
B. Locational priorities. Wireless telecommunications towers and antennas shall be located in accordance with the priorities listed below. The applicant must demonstrate that all higher priority locations have been investigated and document why the higher priority sites cannot be utilized. Wireless telecommunications towers and antennas on locations not specifically listed below shall be prohibited.
(1) Antennas placed on existing telecommunications towers in the Township.
(2) Antennas placed on existing electrical transmission towers in the Township.
(3) Antennas placed directly onto other existing structures that exceed 35 feet in height without the need for extensions. The following structures are specifically excluded: barns, silos and spires.
(4) Flush-mounted antennas placed on highway bridges with a maximum antenna height of 15 feet above the bridge.
(5) New wireless telecommunications towers or antennas located on property owned, leased or otherwise controlled by the Township of Colts Neck provided a license or lease authorizing such antennas or tower has been approved by the Township. The decision to extend such lease shall be vested solely with the Township and shall be subject to the bidding requirements of the Local Public Contracts Law.
(6) New wireless telecommunications towers or antennas and associated equipment compounds located on farms (Class 4B) meeting the following requirements:
(a) Minimum lot area: 30 acres
(b) Minimum setbacks [see Subsection D(9)].
[1] Front setback: 200 feet.
[2] Side setback: 100% of the tower height.
[3] Rear setback: 100% of the tower height.
C. Locational prohibitions. In addition to such other locations where new wireless telecommunications towers and antennas are prohibited within this section, such facilities are expressly prohibited on the following properties:
(1) Active recreational parks: Bucks Mill Park, Laird Road Recreation Area and Five Point Park.
(2) Large-scale preserves: Freer Nature Preserve, Big Brook Preserve, Schlesinger Nature Preserve and Obre Road Nature Preserve.
(3) All cemeteries.
(4) All schools, including but not limited to Conover Road Elementary School, Conover Road Primary School, Cedar Drive School and Colts Neck High School.
D. General requirements.
(1) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Township as part of the application an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Colts Neck Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Township may share such information with other applicants applying for approvals under this section or other organizations seeking to locate antennas within the jurisdiction of Colts Neck Township; provided, however, that the Township is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(2) 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.
(3) Measurement. For purposes of measurements, tower setbacks and separation distances shall be calculated and applied to facilities irrespective of municipal and county jurisdictional boundaries.
(4) Signs. No signs shall be allowed on an antenna or tower.
(5) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection D(11) of this section.
(6) Maximum tower height: 150 feet.
(7) Information required. In addition to any information required for applications for site plan review pursuant to this chapter, applicants for approval for a tower shall submit the following information:
(a) A location plan drawn to scale and 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 Subsection D(9), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
(b) Legal description of the parent tract and leased parcel (if applicable).
(c) The setback distance between the proposed tower and the nearest residential property (Class 2).
(d) The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(9) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e) A landscape plan showing specific landscape materials.
(f) Method of fencing, and finishing color and, if applicable, the method of camouflage and illumination.
(g) 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 tower.
(8) 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 municipal agency 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 municipal agency related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
(b) Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 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.
(e) 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.
(f) The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(9) Minimum separation requirement between uses. The following separation requirements shall apply to all towers and antennas for which site plan approval is required:
(a) Separation from off-site uses/designated areas.
[1] Tower separation shall be measured from the base of the tower to the lot line of the off-site uses as specified in Subsection D(9)(a)[2] below, except as otherwise provided.
[2] Towers shall maintain a separation distance of 300% of the tower height from the lot line of a residential property (Class 2).
(b) Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers or other proposed 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 below in the table of required separation distances between towers.
(distance in feet)
(10) 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; provided however, that the municipal agency may waive such requirements, as it deems appropriate.
(11) Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided however, that the municipal agency may waive such requirements if the goals of this section would be better served thereby.
(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from all property lines.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
(d) In approving the tower the approving authority may impose conditions, including the use of an alternative tower structure, to the extent the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(12) Removal of abandoned antennas and towers. 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 shall remove the same within 90 days of receipt of notice from the Township of Colts Neck 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. 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.
(13) Preexisting towers. Preexisting towers shall be allowed to continue their usage as the presently exist. Routine maintenance is permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.
(14) Nonapplicability to amateur radio stations and to receive only antennas. The provisions of this section shall not govern any antenna that is owned and operated by a federally licensed amateur radio station operator or is used exclusively as a receive only antenna. See § 102-49, Antennas, of the Code of the Township of Colts Neck for regulations pertaining to other types of antennas.
E. Collocations of wireless equipment exemption. An application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound shall not be subject to site plan approval provided the application meets the following requirements:
(1) The wireless communications support structure shall have been previously granted all necessary approvals by the appropriate approving authority.
(2) The proposed colocation shall not increase:
(a) The overall height of the wireless communications support structure by more than 10% of the original height of the wireless communications support structure;
(b) The width of the wireless communications support structure; or
(c) The square footage of the existing equipment compound to an area greater than 2,500 square feet.
(3) The proposed colocation complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) or any other applicable law, rule or regulation.
[Added 12-10-2008]
A. Applicability.
(1) This section of the Colts Neck Development Regulations sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within Colts Neck.
(2) Residential development. Except as exempted in Subsection B, all residential development that results in the construction of five or more new market-rate dwelling units in accordance with N.J.A.C. 5:97-1 et seq. shall be subject to the growth share provisions of Subsection C.
B. Exemptions.
(1) Residential developments that received preliminary or final approval from the Planning Board and/or Board of Adjustment, as applicable, prior to the effective date of Ordinance 2008-17 (December 10, 2008) are hereby exempt from the Round 3 growth share provisions of this section.
C. Residential growth share provisions.
(1) Residential development in all zones in Colts Neck which result in the construction of five or more new market-rate dwelling units shall be permitted a presumptive density increase of 40% over the permitted density in the existing zoning with a presumptive maximum affordable housing set-aside of 20% of the total number of units in the development. For example:
Notes:
1 If the 40% density increase lot calculation or the total number of maximum lot calculation results in a fractional number, that number can be rounded up to the nearest whole number at 0.5 or greater and rounded down to the nearest whole number at 0.4 or less.
2 Fractional affordable share: See, § 102-46.6C(4).
(2) Alternatives. [Amended 11-30-2011]
(a) Off-site affordable unit(s). As an alternative to fulfilling the affordable housing requirement on site as set forth in § 102-46.6C(1), developers of residential units required to construct an affordable housing unit may elect to construct an affordable housing unit elsewhere in Colts Neck or purchase an existing residential unit elsewhere in Colts Neck which shall comply with applicable COAH Rules at N.J.A.C. 5:97-1 et seq. Under this alternative, if the required number of affordable lots is provided off site, those affordable lots are to be deducted from the total maximum number of lots after the 40% density increase is applied.
(b) Group home. As an alternative to fulfilling the affordable housing requirement on site as set forth in § 102-46.6C(1), developers of residential units that are required to provide affordable housing units within an inclusionary development may elect to construct a group home for individuals with a developmental disability on the subject property in accordance with the following standards and requirements:
[1] GROUP HOME means a living arrangement within a residential structure leased or owned and operated by a licensee, which provides the opportunity for individuals with developmental disabilities to live together in a residence within a home environment, sharing in chores and the overall management of the residence. Staff in a group home provide supervision, training, and/or assistance in a variety of forms and intensity as required to assist the individuals as they move toward independence. (N.J.A.C. 10:44A-1.3)
[2] DEVELOPMENTAL DISABILITY means a severe, chronic disability of a person which:
[a] Is attributable to a mental or physical impairment or combination of mental or physical impairments;
[b] Is manifest before age 22;
[c] Is likely to continue indefinitely;
[d] Results in substantial functional limitations in three or more of the following areas of major activity; self-care; receptive and/or expressive language; learning; mobility; self- direction; and capacity for independent living or economic self-sufficiency;
[e] Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned or coordinated; and
[f] Drug, alcohol or substance abuse shall not be considered a developmental disability.
[3] The minimum gross tract area of the development shall be 100 acres.
[4] The minimum lot area for the group home shall be seven acres.
[5] The group home shall meet the zoning requirements of the underlying zone district.
[6] The group home shall conform to the current New Jersey Department of Community Affairs (or successor agency) requirements for certification of affordable housing crediting.
[7] Use of the group home shall be governed by the Uniform Housing Affordability Controls (N.J.A.C. 5:80-26.1, et seq.; the "Uniform Controls").
[8] Group homes shall be licensed by the New Jersey Department of Human Services (DHS) Office of Licensing (OOL) annually or as needed, and shall meet applicable state requirements. (N.J.A.C. 10:44A)
[9] Occupancy of the group home shall be restricted to persons 18 years of age and older.
[10] Group homes housing five or fewer individuals shall meet the requirements of Use Group R-3 of the Uniform Construction Code, provided all individuals are either ambulatory or mobile non-ambulatory (see N.J.A.C. 5:23).
[11] The group home shall have an agricultural component in which a portion of the group home property will be devoted to agricultural purposes as defined in § 102-4: "The use of land for growing and harvesting crops and/or the raising, training and breeding of animals."
[12] The developer and operator and/or sponsor of the group home shall enter into a three-way developer's agreement with the Township which shall include a thirty-year affordable housing deed restriction; a performance guarantee to ensue the operation of the group home for a thirty-year affordable housing period; a requirement that the group home operate in accordance with provisions of the Standards for Community Residences for Individuals with Developmental Disabilities (N.J.A.C. 10:44A) issued by the N.J. Department of Human Services or other agency of the State of New Jersey issuing a license for and monitoring of the group home; and a payment in lieu of taxes (PILOT). The developer's obligation under the agreement shall terminate upon the issuance of the certificate of occupancy (C.O) for the group home. The operator and/or sponsor of the group home shall be obligated for the remaining thirty-year term of the deed restriction in accordance with applicable affordable housing regulations.
[13] Visual compatibility. No structural alterations shall be permitted that will cause the group home to be substantially distinguishable from other surrounding residential properties. To the greatest extent possible, the group home being provided within an inclusionary development shall be located within a building designed to be architecturally similar to the market-rate units otherwise being constructed within the development. To that end, architectural detailing (such as the selection of exterior materials, doors, windows, roof pitch, etc.) of the buildings containing the group home shall be similar to and compatible with that of the market-rate units.
[14] Sign. No signs shall be permitted.
[15] The group home shall be completed and issued a certificate of occupancy (C.O) prior to the completion and the issuance of a C.O. to 75% of the market rate units within the development.
(3) The maximum number of residential building lots with an affordable housing density bonus increase in accordance with § 102-46.6C(1) shall first be computed on the basis of a lot yield plan of a standard subdivision, in accordance with all provisions of Chapter 102, which includes delineated wetlands, wetlands buffers and floodplains. The number of conforming approvable lots in the conventional subdivision design shall then be counted, and the development may be redesigned using the development regulations in § 102-46.6D.
(4) For any inclusionary development of five or more housing units which results in a fractional affordable share, the developer shall make a payment in lieu of constructing the fractional affordable unit. The fractional share amount shall be established by multiplying the resulting fraction by the amount established in N.J.A.C. 5:97-6.4(c)3 for COAH Housing Region 4.
(5) For all residential developments consisting of less than five residential units in Colts Neck, the developer shall pay an affordable housing development fee in accordance with § 102-15C(1).
(6) All residential developments not subject to the provisions of Subsection C(1) above or listed as an exemption in § 102-15C(4)(d) and (e) shall be subject to the provisions of development fees as set forth in § 102-15C, Affordable housing development fees.
(7) Residential growth share provisions shall apply to the re-subdivision of land that in combination with a prior subdivision results in the creation of five or more lots. The cumulative number of lots created from the original tract of land shall be counted toward the growth share provisions upon any subsequent subdivision. The original tract of land shall be considered any tract or lot existing at the time of adopting this § 102-46.6 (December 10, 2008).
(8) Inclusionary zoning developments shall be required to build affordable housing units in accordance with the following schedule:
(9) In determining the actual residential growth share obligation, the following may be subtracted from the number of market-rate certificates of occupancy issued:
(a) Units included in the exclusions permitted by N.J.A.C. 5:97-2.4(a)l that have been issued certificates of occupancy;
(b) Certificates of occupancy issued for continuing-care retirement communities, dormitories, and hotels and motels classified as "R1" or "R2" by the Uniform Construction Code (UCC).
(c) Certificates of occupancy issued for farm labor housing constructed on a commercial farm as defined by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., and classified as "R2," "R3," or "R5" by the Uniform Construction Code (UCC); and
(d) Additional market-rate rental units in an inclusionary or mixed-use development where the affordable housing units are rental units that are addressing a municipality's growth share obligation.
