A. All storage areas, repair facilities, pits, lifts, and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building, and no dismantled parts shall be placed outside. All structures, gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from all street and property lines at least 60 feet. A minimum space of 25 feet shall exist between any two islands and between any island and the service station building.
B. No junked motor vehicles or parts thereof and no unregistered unlicensed motor vehicle shall be permitted on the premises of any service station. Not more than six motor vehicles may be located on the premises outside a building for a period not to exceed two weeks, provided that the owners are awaiting the repair of said motor vehicles.
C. The exterior display and parking of equipment for rental or sale purposes shall be permitted, provided that the area devoted to this purpose does not exceed 20% of the lot area, the maximum sign area for a service station is not exceeded and the location of the rental and sales does not interfere with the required off-street parking and traffic circulation required for the service station.
D. It is intended that service stations be designed compatibly with other permitted commercial and industrial uses in the zone in which they are located, that they are not stripped along the available highway frontage or at each quadrant of a convenient intersection, and that they be located within shopping centers and in office and industrial complexes as an integral part of the overall design. Ingress and egress shall recognize the turning movements generated. These access points shall be coordinated within the access points required for the nearby uses, the frequency of intersection side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.
E. Said proposes use or structure shall not be located on any highway or street within 2,500 feet of any automobile service station situated on the same side of said highway or street, or on any street where the measurement along the curbline from the nearest lot line of the proposed use to the nearest lot line of the use to which said distance is being measured is within said distance; and further provided that said use or structure shall not be located on a lot whose lot lines are located within 1,000 feet of any public or private school, hospital, church, library, theater, club, place of assembly seating more than 50 persons, or public building housing offices and records of this municipality; and further provided that vehicular entrances and exits shall be clearly visible from the highway or street upon which such use is located and shall not be located within 75 feet of a highway or street intersection.
[Amended 6-23-2003 by Ord. No. 0-03-18]
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, community residences for persons with head injuries, adult family care homes for elderly persons and physically disabled adults, and all other entities which may, in the future, be set forth in N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, are permitted uses in all residential districts of the Township. The requirements for said uses shall be the same as for single-family dwelling units located within such districts and as set forth in N.J.S.A. 40:55D-66.2 or any successor statute.
A. Banners, flags, movable signs, flashing lights, rotating devices or similar devices shall not be permitted. Signs shall conform to the requirements of Chapter 256, Signs.
B. No automobile shall be displayed closer than 30 feet to the front property line. This setback area shall be landscaped and shall not be used for off-street parking or any other purpose except the placement of a permitted use.
C. Automobile prices or year of manufacture shall not be boldly displayed on the automobile in a manner which would be legible from the highway. The purpose of this regulation is to avoid undue distractions to the traveling public.
D. All such uses shall be subject to site plan approval which should address itself to all those considerations set forth in Article XII, as well as the effective handling of customer parking and on-site traffic circulation. Customer parking shall be provided at the rate of one space for every five spaces available for vehicle display. Vehicle display spaces shall be clearly noted on the site plan.
E. No facilities for automobile body repair or mechanical repair shall be permitted to be located on the premises used for sales and showrooms of new or used automobiles except those facilities necessary for the preparation or maintenance of automobiles sold upon said premises and only where said facilities are clearly incidental and subordinate to the principal use.
A. Club pools are defined as privately owned facilities primarily intended to provide an area for outdoor swimming and related activities, including the clubhouse, bathhouse, deck area, parking, storage facilities and accessory recreation areas.
B. Minimum lot size: five acres.
C. Maximum water surface of pool: 5% of lot area.
D. All pools and accessory facilities shall be adequately screened and buffered, including the installation of earth berms, if required by the Planning Board, so as to confine noise from said facility from adjoining residence and to provide a pleasing visual environment.
A. For water storage tanks and pumping stations, lot coverage shall not exceed 25%.
B. All aboveground structures, except overhead transmission lines, shall be landscaped to provide a buffer between such facility and adjoining residences.
C. Housing for pumping stations or any such utility facility shall have an appearance similar to a small residential unit to provide for a compatible visual relationship with residential properties in the area.
D. Site plan review and approval in accordance with the terms of this chapter shall be required for all facilities except usual overhead and underground service lines.
A. Minimum lot area: five acres.
B. Maximum building coverage: 20%.
C. Maximum impervious surface coverage: 50%.
D. Minimum setback from street line: 75 feet or two times the building height, whichever is greater.
E. Minimum side yard: one times the building height but not less than 30 feet.
F. No off-street parking shall be located in the required setback from the street line; off-street parking shall be provided in accordance with the provisions of this chapter and shall be appropriately screened and buffered from adjoined and nearby residences.
G. Location shall be only on collector or arterial roads as shown on the Master Plan of the Township.
[Amended 5-20-2014 by Ord. No. 0-14-13]
Public schools and private which are not conducted as a business shall be permitted as a conditional use in the designated zones as set forth in Article X of Chapter 188, provided the following conditions are met:
A. A school must be licensed by the State of New Jersey.
B. The curriculum of the proposed school shall be approved by the New Jersey Department of Education.
C. Location shall be only on collector or arterial roads as shown on the Master Plan of the Township.
D. Buffers and screening shall be provided in accordance with the provisions of § 188-63.
E. The minimum lot area for an elementary school shall be 10 acres, plus one additional acre for each 100 pupils. The minimum lot area for an intermediate school or trade or vocational school shall be 20 acres, plus one additional acre for each 100 pupils. The minimum area for a high school shall be 30 acres, plus one additional acre for each 100 pupils. The minimum area for an institution of higher learning shall be 50 acres, plus one additional acre for each 100 students. No more than 10% of the site shall be covered by buildings.
F. A front and rear yard, each with a depth of not less than 150 feet, and two side yards, each with a width of not less than 100 feet, shall be provided. No parking, play area or other accessory structure shall be allowed within 75 feet of any street or property line.
G. Off-street parking shall be provided in the following ratio: Elementary and intermediate schools shall provide one parking space for each staff member or employee, plus two parking spaces for each classroom, plus adequate space for buses and delivery vehicles. High schools shall provide one parking space for each staff member or employee, plus seven spaces for each classroom, plus adequate space for buses and delivery vehicles. Trade or vocational schools shall provide one parking space per 100 square feet of gross floor area. Institutions of higher learning shall provide one parking space per 150 square feet of gross floor area.
H. A driveway shall not open onto a public street within 150 feet of an intersection of such street with another public street. In determining the suitability of proposed or existing driveways upon the site, the approving agency shall consider such factors as grade and site clearance; the number and pattern of driveways; the number, location of design of ingress and egress points; the volume of traffic which may be anticipated on the site and on adjoining roads: and the condition and width of pavement of adjoining roads.
I. Illumination for night athletic activities shall be shielded from view of adjoining streets and residential areas and a glare study should be required for properties within 200 feet of any proposed night athletic illumination.
J. The application shall include a complete set of architectural plans and specifications of existing and proposed buildings and structures and a statement setting forth in general terms the proposed courses of instruction. This statement shall indicate the grade levels of the pupils to be housed in the building or buildings, the planned pupil capacity of such building or buildings and the contemplated eventual enrollment of the school.
K. Connection to sanitary sewer is required, septic is expressly prohibited. Connection shall mean sanitary sewer lines are built and available for connection.
L. Expressly prohibited is dormitory housing which is defined as a building used as group living quarters for a student body.
A. Proposed community centers for use in conjunction with a planned unit development shall be approved as part of the overall development plan associated with major subdivision or site plan approval.
B. For community centers developed on individual lots, the standards shall be the same as those set forth for houses of worship unless an outdoor swimming facility is proposed in which case the standards for club pool, hereinbefore set forth, shall also apply.
Freestanding radio and television antennas may be permitted in specified zones and on public property, provided that the following standards are met, together with any other requirements of this chapter; and other requirements of this chapter; and other requirements which the Planning Board deems necessary for the health, safety or general welfare; and any requirements, standards or regulations established by the State of New Jersey or the federal government particularly the Federal Communications Commission and the Federal Aviation Administration.
A. All freestanding antennas and tower structures, guidewire, safety cables or other appurtenances shall not be located within any required front yard, side yard or rear yard setback area for a principal structure. If a tower or antenna is greater than 100 feet, the minimum setback from any property line shall be 50 feet or the required front, side or rear yard setback, whichever is greater.
B. All freestanding antennas and tower structures shall be subject to structural provisions of the New Jersey Uniform Construction for wind loads, vend uplift, fire-resistance ratings, dead-load and ice-load ratings, and grounding. Documentation shall be provided to the Planning Board in the form of a site plan, technical and engineering support documentation, manufacturer's warranties and sworn testimony of a licensed structural engineer on proposed freestanding antennas and tower structures.
C. All commercial radio and television transmission facilities including AM, FM and television broadcast stations, public safety radio services, cellular radio/telephone service, microwave or other forms of electromagnetic transmission shall be subject to U.S. Environmental Protection Agency, U.S. Occupational Safety and Health Administration, American National Standards Association and New Jersey Environmental Protection Agency standards and requirements pertaining to human exposure to radio frequency electromagnetic fields and other rules, regulations and standards which may be applicable to such facilities by federal and/or state regulatory agencies.
D. All freestanding antennas and tower structures shall be readily accessible by emergency vehicles and by construction and service vehicles in a manner acceptable to the Board of Fire Commissioners, Township Engineer and Construction Official.
E. All commercial antenna towers more than 35 feet in height shall be enclosed by a chain link fence not less than six feet in height.
F. No lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes shall be permitted.
G. Any accessory building or housing of equipment for the operation of a commercial antenna or tower shall not be greater than one story, shall not exceed a building height of 12 feet and shall not exceed 450 square feet.
A. Maximum of one auction sale per week and not on consecutive days shall be permitted.
C. Auction must be operated by a licensed automobile dealer as per Chapter 61, Automobile Auctions.
D. Automobiles to be defined to include all private passenger cars, vans, mini-vans, jeeps and private passenger type pickups. No trucks, buses, tractor-trailer or other large type vehicles shall be permitted.
E. All auction vehicles must be in operating condition. No junk, salvage or burned vehicles or parts shall be displayed, stored, sold or auctioned.
F. Adequate sanitary facilities must be provided.
G. Public parking must be provided on site for three vehicles for every one vehicle being offered for auction sale.
H. Hours of operation shall be not greater than 8:30 a.m. to 5:00 p.m.
I. Subject to site plan approval by the Planning Board.
J. No activity associated with such auctions shall be conducted within 100 feet of any residential use or residential zone.
K. No activity associated with such auction, including parking, shall be conducted any closer to any property line than the required building setback for such zone.
L. Parking facilities of another operating use on the site shall not be permitted to be used for auction parking unless such other said use is not in operation at the time of the auction.
M. Applicant must be able to demonstrate an ability to control noise and dust related to an auction sale.
A. Definitions.
ADULT BOOK STORE An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, periodicals, motion pictures and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas, or an establishment where a segment or section of the premises is devoted to the sale, rental or display of such material.
HEAD SHOP An establishment providing as a substantial portion of its business items or paraphernalia associated with the taking or dispensing of controlled dangerous substances.
MASSAGE PARLOR An establishment providing as a substantial portion of its business the giving of massages by one person to another.
B. Location of regulated uses. No regulated uses may be located within 1,500 feet of any other regulated use or within 1,500 feet of any residentially zoned area, or within 1,500 feet of any elementary, middle or high school, church, synagogue, museum, playground or ball field.
C. Violations and penalties. Any person, firm or corporation or other party violating the terms of this section shall, upon conviction thereof in the Municipal Court of the Township of Howell, be subject to a fine not to exceed $500 or to imprisonment in the county jail for a term not exceeding 90 days or both, in the discretion of the court. Each day or occasion that shall be in violation of this section shall be considered as a separate and distinct violation thereof.
[Added 4-22-2002 by Ord. No. 0-02-8]
A. Purpose. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications towers and antennas. The goals of this section are to:
(1) Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(2) Encourage the location of towers in nonresidential areas.
(3) Minimize the total number of towers throughout the community.
(4) Establish a Township priority for the location of telecommunication towers and antennas upon existing water towers, existing municipal towers, existing antenna towers and existing utility towers, rather than construction of new towers and antennas.
(5) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional towers.
(6) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(7) 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.
(8) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(9) Consider the effect of communication towers on the public health and safety to the extent permitted by federal law.
(10) Avoid potential damage to adjacent properties from tower failure through proper engineering and careful siting of tower structures. In furtherance of these goals, the appropriate land use agency shall give due consideration to the Township's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. Applicability.
(1) New towers and antennas. All new towers or antennas in the Township shall be subject to these regulations except as provided in Subsection C(2) through (4), inclusive.
(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 exclusively operated by a federally licensed amateur radio station operator, or is used exclusively for receive-only antennas.
(3) Preexisting towers and antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection C(6) and (7) unless altered, renovated or modified, in which event an application shall be made to the appropriate land use agency of the Township as required hereunder.
(4) AM array. For purposes of implementing this ordinance, 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.
C. General requirements.
(1) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.
(2) Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of all existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The Zoning Officer shall share such information with other applicants applying for development approvals under this section or other organizations seeking to locate antennas within the jurisdiction of the Township, provided, however, that the sharing of such information shall not in any way constitute a representation or warranty that such sites are available or suitable.
(4) Aesthetics. Towers and antennas shall meet the following requirements:
(a) Towers shall either maintain a galvanized finish, or subject to any applicable standards of the FAA, be painted a neutral color so as to reduce the visual obtrusiveness of said tower.
(b) At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings as well as resemble the architectural style of residential dwellings which may be proximate to the site.
(c) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
(5) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to surrounding views and shall be subject to applicable lighting standards as are elsewhere contained within the Township ordinances.
(6) 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 or antennas into compliance with such revised standards and regulations in accordance with the law within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7) Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the 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 request a hearing or to bring such tower into compliance with such standards, unless the danger to the public safety and welfare posed by such failure warrants a shorter period of time for correction or removal. Failure to bring such tower into compliance within the allowed number of days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8) Fall zone. A fall zone shall be established such that the tower is set back 100% of the height of the tower from any adjoining lot line or nonappurtenant building.
(9) Measurement. For the purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township respective of municipal and county jurisdictional boundaries.
(10) Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall file a copy of all required franchises with the Zoning Officer. In addition, an applicant before a land use agency of the Township shall include such certification, together with a copy of all required franchises as part of the application submissions to said land use agency.
(11) Public notice. For purposes of this section, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the area required under the enabling statute N.J.S.A. 40:55D-l et seq.
(12) Signs. No signs shall be allowed on an antenna or tower.
(13) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G hereinafter.
(14) Multiple antenna/tower plan. The Township encourages users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites, whenever more than a single site may be deemed necessary to service the Township and adjacent communities. Applications for approval of multiple sites shall be given priority in the review process.
(15) Removal bond. The owner or applicant of any proposed tower construction shall be required to post a performance bond for the removal of the tower in order to guarantee that the tower be removed and the top three feet of concrete be removed and then backfilled. Said performance bond shall be sized by the Township Engineer.
D. Permitted uses.
(1) General. The uses listed in this section are deemed to be permitted uses.
(2) Permitted uses. The following are specifically permitted and shall only require Planning Board site plan approval:
(a) Antennas or towers located on property owned, leased, or otherwise controlled by the Township, provided that a license or lease authorizing such antenna or tower has been approved by the Township.
E. Conditional uses.
(1) General. The Planning Board may grant approval for towers and antennas as a permitted conditional use, provided that:
(a) The construction, location, or placement of such tower or antennas as proposed is permitted as a conditional use within the following zoning districts only: HC, HD-1, HD-2, and SED. It is the intention of this section that such towers and antennas are prohibited in all other zoning districts.
(b) The applicant shall submit an application for the approval of such conditional use as is being proposed. The application shall be in such form as required by Township ordinances, and the applicant shall pay such fees and costs as are required therein. No application shall be submitted unless an applicant has a cellular provider to accompany the tower or antenna proposed. The applicant shall name the carrier that shall operate at the proposed tower or site.
(c) In addition to all such information and documentation as is generally required by the Board, the applicant shall also submit the information required pursuant to Subsection F(2)(a) and (c) hereof.
(d) The Board shall review the application for approval and determine if the proposed use complies in particular with Subsections C and F(2)(d) and (e) as well as all other requirements hereof.
(e) In connection with any such application, the Board shall, in order to encourage the use of monopoles, permit reconstruction of any existing tower to monopole construction, when such construction results in the elimination of a self-supporting lattice or gantry-type tower.
(2) List of permitted conditional uses. The following conditional uses may be approved by the Planning Board after public hearing and review.
(a) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, in any HC, HD-1, HD-2 or SED, provided that a licensed professional engineer certifies the tower can structurally accommodate the number of shared providers of services proposed by the applicant; the Planning Board concludes the tower is in conformity with the goals set forth in Subsection A and the requirements of Subsection C; the tower meets the setback requirements in Subsection F(2)(d) and separation distances in Subsection F(2)(e); and the tower meeting the following height and usage criteria:
[1] For single provider, up to 90 feet in height;
[2] For two providers, up to 120 feet in height; and
[3] For three or more providers, up to 150 feet in height.
(b) Locating antennas on existing structures or towers consistent with the terms of Subsection E(2)(b)[1] and [2] below.
[1] Antennas on existing structures. Any antenna which is not attached to a tower may be approved by the Planning Board as a conditional, accessory use, provided that:
[a] The antenna does not extend more than 10 feet above the highest point of the structure;
[b] The antenna complies with all applicable FCC and FAA regulations; and
[c] The antenna complies with all applicable Building Codes.
[2] Antennas on existing towers. An antenna which is attached to an existing tower may be approved by the Planning Board, and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:
[a] A tower which is modified or reconstructed to accommodate the collocation of additional antennas shall be of the same tower type as the existing tower or reconstructed as a monopole.
[b] Height.
[i] An existing tower may be modified or rebuilt to a taller height, not to exceed 10 feet over the tower's existing height, to accommodate the collocation of an additional antenna but in no event shall such tower exceed 150 feet in height.
[ii] The additional height referenced in Subsection E(2)(b)[2][b][i] above shall not require any additional distance separation as set forth in Subsection F hereof. The tower's premodification height shall be used to calculate such distance separations.
[c] On-site location.
[i] A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on-site within 50 feet of its existing location, but in no case be located so as to cause any variation in the zone requirements.
[ii] After the tower is rebuilt to accommodate collocation, only one tower may remain on that site.
[iii] The on-site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in Subsection F(2)(e) shall only be permitted as approved by the reviewing board.
(c) 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.
F. Requirements for approval as a conditional use.
(1) General. The following provisions shall govern the approval by the Planning Board of any towers or antennas as a permitted conditional use:
(a) If the tower or antennas is not a permitted use under Subsection D(2) of this section, then approval by the Planning Board as a permitted conditional use shall be required for the construction of a tower or the placement of an antenna in those specific zoning districts where same may be permitted as a conditional use in accordance with such conditions and requirements as are set forth under Subsection E.
(b) Applications for conditional use approvals under this subsection shall be subject to the procedures and requirements for site plan approval as set forth in this chapter, except as modified and supplemented hereby.
(c) In granting approval for any such conditional use, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d) Any information of an engineering nature whether civil, mechanical, or electrical that the applicant submits either in writing or in sworn testimony before any land use agency shall be certified and/or sworn to by a professional engineer currently licensed by the State of New Jersey.
(e) An applicant for a conditional use approval shall submit not only the information as generally required for application to a land use agency of the Township, by all such information as is described herein following.
(2) Towers.
(a) Information required. In addition to any information required for applications pursuant to the Land Development Ordinances of the Township, applicants for an approval to permit a tower as a permitted conditional use shall submit the following information:
[1] A scaled site plan clearly indicating the location, type and height of the proposed tower; propagation location map justifying the proposed antenna locations; 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 F(2)(e); 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 Planning Board to be necessary to assess compliance with this section.
[2] 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, unplatted residentially owned properties, public parks, schools and child/day-care centers.
[4] The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection C(3) shall be shown on the 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.
[5] A landscape plan showing specific landscape materials, height, species, number, spacing and quantities.
[6] Method of fencing, and finished color, height, and if applicable, the method of camouflage and illumination.
[7] A description of compliance with Subsection C(3), (4), (5), (6), (7), (10), (12), and (13), F(2)(d), F(2)(e) and all applicable federal, state or local laws.
[8] A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9] 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 the 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 based upon existing physical, engineering, technological or geographical limitation in the event the proposed tower is erected.
(b) Factors considered in granting conditional use approval for towers. In addition to any standards for consideration of applications for development pursuant to this chapter, the Planning Board shall consider the following factors in determining whether to approve a tower as a permitted conditional use:
[1] Height of the proposed tower;
[2] Proximity of the tower to residential structures and residential district boundaries;
[3] Nature of uses on adjacent and nearby properties;
[4] Surrounding topography;
[5]
Surrounding tree coverage and foliage;
[6] Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;
[7] Proposed ingress and egress; and
[8] Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in Subsection F(2)(c) hereof.
(c) Collocation: availability of suitable existing towers, or other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that there is no alternative technology that does not require the use of towers or structures and there is no existing tower or structure available that can accommodate the applicant's proposed antenna via collocation. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures and alternative technology. Documentation submitted to demonstrate that there is not alternative technology that does not require the use of towers or structures and there is not existing tower or structure available that can accommodate the applicant's proposed antenna may consist of, but not be limited to, any of the following:
[1] No existing towers or structures are located within the geographic area that meets 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 performance degradation of the existing towers or structures or the antenna on the existing towers or structures and 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. Documented costs exceeding new tower development shall be presumed unreasonable.
[6] The applicant demonstrates that there are other material 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.
(d) Setbacks. The following setback requirements shall apply to all towers for which approval as a conditional use is required:
[1] Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining nonresidential lot line.
[2] The height of a tower shall not exceed a distance equal to the distance between the tower base and any lot line coexistent with a residential use or residential zone line.
[3] Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
[4] In order to encourage collocation as opposed to new tower construction, no setback requirements shall be required for a collocation of antennas upon an existing tower or structure.
(e) Separation. The following separation requirements shall apply to all towers and antennas for which approval as a conditional use is required:
[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] Separation requirements for towers shall comply with the minimum standards established in Table 1.
