1 Includes modular homes and mobile homes used for living purposes.

2 Separation measured from base of tower to closest building setback line.

3 Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than duplex.

[2] Separation distances between towers.

[a] Separation distances between towers shall be applicable for and measured between the proposed towers 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.

[3] Separation distances between towers for collocation projects. In order to encourage shared use through collocation, the tower separation distance required for collocation applications shall be 50% of the separation distances established in Table 2 above.

(f) Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anti-climbing device. In no instance shall barbed or concertina wire be permitted.

(g) Landscaping. The following requirements shall govern the landscaping surrounding towers for which an approval as a conditional use is required:

[1] Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or is residentially zoned. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound and eight feet high.

[2] Any existing tree growth of four inches caliper or greater, shall be inventoried prior to clearance. All trees removed of four inches caliper or greater shall be replaced on a one-to-one basis with indigenous replacement species.

[3] Existing mature free growth and natural landforms on the site shall be preserved to the maximum extent possible. (In some cases, such as towers sited on large wooded lots, natural growth around the property perimeter may be sufficient buffer.)

G. 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 50 square feet of gross floor area or be more than seven feet in height.

(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment structures shall not occupy more than 10% of the roof area.

(c) Equipment storage buildings or cabinets shall comply with all applicable 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) The equipment cabinet or structure shall be no greater than the 10 feet in height or 200 square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with a planted height of eight feet. In all other instances, 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 equal in height to the equipment cabinet or structure or an evergreen hedge with a planted height of eight feet.

(3) Antennas located on towers. The related unmanned equipment structure shall not contain more than 200 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 located.

H. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period shall be considered abandoned, and the owner of such antenna or tower shall remove same within 60 days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower, or request a hearing, within said 60 days shall be grounds to remove the tower or antennas 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.

I. Nonconforming uses.

(1) Not expansion of nonconforming use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

(2) Preexisting tower. Preexisting towers shall be allowed to continue their usage as they presently exist. 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.

(3) Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding Section H, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt upon obtaining site plan approval from the appropriate land use agency with appropriate jurisdiction. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approval. 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 as specified in Subsection H.

J. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANTENNA Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.

BUFFER AREA The area surrounding a telecommunications tower and ancillary facilities which lies between the tower and ancillary facilities and adjacent lot lines and/or land uses.

CAMOUFLAGE TECHNIQUES Man-made trees, clock towers, bell steeples, flagpoles and similar alternative-design mounting structures that conceal the presence of antennas or towers.

CARRIER A company that provides wireless services.

COLLOCATION When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.

MONOPOLE The type of antenna mount that is self-supporting with a single shaft of wood, steel or concrete and a platform or racks for panel antennas arrayed on top.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.

[Added 12-15-2009 by Ord. No. O-09-59]

A. Purpose. The purpose of this section is to establish general guidelines and standards for commercial breeders, dog kennels, shelters, pounds, dog training facilities, and pet shops to maintain consistency with the definitions and compliance requirements of the Township of Howell Ordinances, N.J.S.A. 4:19-15,[2] N.J.A.C. 8:23A, and N.J.S.A. 56:8-93, and to guide the appropriate use or development of commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops in the Township of Howell in a manner which will promote the public health, safety and general welfare to the greatest extent possible. The goals are to:

(1) Protect the health, safety and general welfare of Howell Township residents and businesses from potential adverse impact, irresponsible ownership and operation of commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops.

(2) Encourage commercial breeders, dog kennels, shelters, pounds, dog training facilities, and pet shops to be located on adequate-sized properties in areas of the Township and to locate them in appropriate zones and at appropriate distances from each other, where any adverse impact on the community is minimal.

(3) Protect dogs by regulating the number of dogs allowed on a particular piece of property ensuring adequate open space for exercise and appropriate shelter, protect dogs by enforcement of inspection and licensing requirements by the Township of Howell, Monmouth County Health Department, and the State of New Jersey, and provisions for pet solid waste removal and disposal.

(4) To recognize that dogs are not "livestock" within the meaning of the Township of Howell's "agricultural use" definition.

(5) Any existing duly licensed kennels, by the state or appropriate local authority, dog training facilities and pet shops, shall be treated as preexisting nonconforming or conforming, as the case may be, uses in accordance with the Municipal Land Use Law. Any existing facility not licensed by the state or local authority must obtain the appropriate license or approvals from the appropriate local authority within six months of the adoption of this section.

B. Conditional use. Commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops shall be permitted conditional uses in the SED Zone, HD-1, HD-2 and HD-3 Zones.

C. General requirements. The following requirements and standards shall apply to all permitted conditional use commercial breeders, dog kennels, shelters, pounds, dog training facilities and pet shops:

(1) For the purposes of maintaining consistency with the New Jersey Administrative Code regarding licensing and enforcement of such facilities, a pet shop must comply with all local and statutory regulations governing a kennel.

(2) For the purposes of maintaining consistency with the New Jersey Administrative Code and New Jersey Statutes regarding licensing and enforcement of such facilities, a commercial breeder must meet the licensing and regulatory requirements of a kennel as set forth in N.J.A.C 8:23A et seq.

(3) Any person who keeps or operates or proposes to establish a kennel, pet shop, shelter, pound, dog training facility, or who is a commercial breeder as defined herein, shall apply to the Township Clerk for a license entitling him or her to keep or operate such establishment in accordance with Township Ordinance § 57-5.

(4) Commercial breeders, kennels, shelters, pounds, and pet shops shall comply with the provisions of Howell Township Ordinance § 57-7, Regulations, as well as all state statutes regulating kennels.

(5) A certificate of inspection, issued for the current licensing year by the local health authority indicating compliance with N.J.A.C. 8:23A-1.2 is required for all facilities.

(6) Commercial breeders/owners, kennels, shelters, pounds, dog training facilities and pet shops shall require site plan approval from the Planning Board or Zoning Board of Adjustment in the Township of Howell. The site plan must be provided in accordance with adequate provisions for buffering, landscaping, parking, and lighting, at a minimum. Additionally, all new applicants must demonstrate they have adequate septic disposal systems to accommodate for additional waste water for cleaning in accordance with N.J.A.C. 7:9A et seq.

(7) All facilities for dogs shall be maintained in good repair, to protect the animals from injury, to contain the animals, to restrict the entrance of other animals; and location, construction, arrangement and operation shall not constitute a nuisance. Facilities must meet the following minimum standards, and those other applicable requirements established in N.J.A.C. 8:23A-1.3:

(a) Reliable and adequate electric power and adequate potable water shall be available.

(b) Facilities, such as washroom, basins or sinks, shall be provided in the facility to maintain cleanliness among animal caretakers; hot and cold water, soap, and towels shall be provided. Toilet facilities shall be provided in the facility or nearby on the premises and shall be kept clean and in good repair.

(c) Indoor and outdoor housing facilities for animals shall be sufficiently heated when necessary to protect the animals from cold, and to provide for their health and comfort. Indoor and outdoor housing facilities must meet the requirements of N.J.A.C. 8:23A-1.4 and 8:23A-1.5.

(d) The site plan shall contain detailed proposals for buffer areas, and comply with the provisions of Howell Township Ordinance § 188-63, Buffers and screening.

(e) All outdoor activities shall not be allowed within the front yard setback.

(f) All outdoor activities shall require a minimum distance of 150 feet from any adjacent residential dwelling.

D. Prohibited standards under this section.

(1) Veterinary services as a principal use are prohibited at the facility unless those services are required under a local, county or state statute to protect the health and welfare of dogs.

(2) Facilities solely for breeding of dogs for research are prohibited.

(3) Boarding of dogs at dog training facilities is prohibited.

(4) Retail sales of any dog product as a principal use at any facility defined herein other than a duly licensed pet store is prohibited.

[Added 9-21-2010 by Ord. No. 0-10-20; amended 11-1-2011 by Ord. No. 0-11-40]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

SIGN AREA Total area devoted to conveying of the message, including the advertising surface and any framing, trim or molding but not including the support structure.

B. Purpose. The purpose of this section is to limit the location, form and placement of billboards to only specified areas of the Township and to ensure construction and placement is compatible with the need for a desirable visual environment, good civic design and arrangement, the well-being of residential areas, the safety of motorists and to prevent the location of facilities which may result in blight along transportation routes within the Township.

C. Billboards which have not either received an approval from the municipal Planning Board or Board of Adjustment or are the subject of a pending land use application before such boards on or before the date of the adoption of this ordinance shall be prohibited in all zones.

D. Any billboard which is the subject of a pending land use application before the Planning Board or Board of Adjustment or has received a site plan approval from either of those boards shall be deemed a permitted conditional use under the conditional use ordinance in effect at the time of submission. The billboard may be replaced at the location occupied, irrespective of its prohibition in the zone as long as such replacement is consistent with the requirements of the conditional use ordinance in place at the time of submission.

[Added 5-24-2011 by Ord. No. 0-11-13]

A. Minimum lot area: 65 acres.

B. PJM feasibility report.

[Added 12-13-2011 by Ord. No. 0-11-47]

A. The location of any gasoline station and convenience center shall be limited to corner lots fronting on a state highway and with direct vehicular access from both the highway and the intersecting street.

B. Any gasoline station and convenience center which includes accessory on-premises food consumption shall limit the floor area devoted to such activities to 20% of the gross floor area of the principal building.

C. There shall be no drive-through facilities associated with the gasoline station and convenience center.