Before any authorization shall be issued for a Conditional Use as defined in Part 2A. application shall be made to the Planning Board or the Zoning Board of Adjustment as appropriate
A.An application for any Conditional Use Permit specified in this Ordinance pursuant to N J S A 40 55D-67 shall be made to the Planning Board or the Zoning Board of Adjustment as appropriate. Subject to the provisions of this Part
B.All conditional use applications shall require site plan review and approval by the Planning Board or the Zoning Board of Adjustment as appropriate Public notice and notice of the hearing to adjoining property owners as provided tot hearing of preliminary subdivision shall include reference to all matters being heard The Planning Board or the Zoning Board of Adjustment as appropriate. shall review and grant or deny the site plan and subdivision simultaneously with the conditional use application
C.Upon the grant of a conditional use, the Developer shall secure a building permit within one (1) year from the date of conditional use approval. otherwise the conditional use approval shall be null and void
A.In all requests for approval of conditional uses, the burden of proof shall be on the applicant The Planning Board or Zoning Board of Adjustment as appropriate, shall give due consideration to all reasonable elements which could affect the public health, welfare, safety, comfort and convenience. such as, but not limited to. the proposed use, the character of the area, vehicular patterns and access, pedestrian ways, landscaping, lighting. signs, drainage, utilities and building and structure location and orientation and shall be guided by the following, that the
1. Proposed use shall not affect adversely the character of the district and neighborhood nor the health and safety of residents or workers on adjacent properties and in the general neighborhood
Proposed use will not affect adversely the development plans for the physical development of the Township as embodied in this Ordinance and in the Master Plan The proposed use shall be found by the Planning Board or Zoning Board of Adjustment as appropriate to be without substantial detriment to the public good and not to impair substantially the intent and purpose of the zone plan and of this Ordinance Proposed use will not be detrimental to the use or development of adjacent properties and of the general neighborhood
4 Proposed use will not be affected adversely by the existing uses in the district
5 Proposed use is reasonable in terms of the logical, efficient and economical extension of public service and facilities
6 Proposed use shall be subject to specific conditions of this Part
7 Proposed use shall be subject to such conditions and safeguards as may be deemed by the Planning Board or Zoning Board of Adjustment to be advisable and appropriate to the end that the general zone plan may be preserved and protected
8 Proposed use shall be of such appropriate size. and so located and laid out with respect to access streets that vehicular and pedestrian traffic to and from such use will not create undue congestion or hazards prejudicial to the character of the general neighborhood
B.The Planning Board or the Zoning Board of Adjustment as appropriate. shall find such use appropriate to its immediate neighborhood and subject to conditions as it may impose with respect to, among other items, the minimizing of traffic congestion by appropriate entrances and exits to assure the public safety. and the provisions of landscaping. so located as to screen the premises from any residential use or district
A.In approving any such application, the Planning Board or Zoning Board of Adjustment as appropriate. may impose any conditions and requirements that it deems necessary to accomplish the reasonable application of applicable standards as provided in this Ordinance, and may deny any such application, but only in accordance with such standards
B.The Planning Board or Zoning Board of Adjustment as appropriate, by resolution shall grant or deny an application for such Conditional Use after a public hearing within ninety-five (95) days of submission of a complete application by a Developer to the Zoning Officer, or within such further time as may be consented to in writing by the applicant In case such application is approved, the Construction Official shall forthwith be directed to issue a Conditional Use Permit for such structure or use Failure of the Planning Board or Zoning Board of Adjustment to act A within the period prescribed shall constitute approval of the application
The following are deemed to be special buildings, structures or uses or portions of buildings or structures which may be permitted only in keeping with the standards listed herein, located only in those particular zoning districts or sections thereof listed. and only if conforming with those standards of the Schedule of General Regulations and other requirements of this Part and upon the issuance of an authorization therefore by the Planning Board or by the Zoning Board of Adjustment in those cases where such agency would have jurisdiction pursuant to the Municipal Land Use Act
A.Conditional Uses In All Zones
1 Public Utility or Public Service Facilities Public utility and public service facilities such as substations and telephone exchanges and the like. but no service or storage yards. shall be permitted in all zones subject to the following regulations
a Detailed site plans and specifications as provided in Parts 10 and 11 of this Ordinance and a statement setting forth the need for the installation shall be submitted to the Planning Board or the Zoning Board of Adjustment as appropriate
b The design of any structure or building shall conform to the general area and the relevant design standards of Part 19 of this Ordinance and shall not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located
c Adequate and attractive fences, landscaping, and safety devices shall be provided and maintained by the Developer as determined by the Planning Board or Zoning Board of Adjustment B. R-20 Zones
Planned Development In order to carry out the objectives of the Master Plan, planned developments may be approved in R-20 districts with the following standards
a General Requirements
1) All dwellings shall be detached, single family units
2) All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems
3) The minimum tract area shall be twenty-five (25) acres In computing the net tract acreage, the tract area shall be reduced by that of streets. and other public rights-of-way In computing the net tract acreage, the tract may include water areas and land for open space or public purposes
4) The maximum number of lots shall not exceed two (2) times the net tract acreage
5) A minimum of thirty (30) percent of the net tract acreage shall be set aside for open space, conservation areas, flood plains or parks These lands, so set aside. shall be connected parcels each with area exceeding seven and one half (7 1/2) acres There shall be no more than three (3) such parcels and each parcel shall be contiguous to a public right-of-way
6) The minimum lot dimensions shall be as follows. except on the periphery of the tract. where the Planning Board may require larger lots in order to achieve a harmonious transition and to provide for visual and noise buffer zones
a) Lot area.................10,000 sq. ft
b) Lot width....................80 feet
c) Lot depth...................120 feet
d) Front yard...................40 feet
7) Light and air shall be furnished to windows in living rooms and bedrooms by "sky exposure" set forth in the "Standard Details and Design Criteria of Berkeley Heights"
8) A land area not platted into lots may be offered for dedication to the Township or transferred to the ownership of a home-owners association as established below Land offered for dedication but not accepted by the Township Committee shall be transferred to the homeowners association All land accepted by the Township Committee shall be conveyed by deed at the time final plat approval is granted
b Standards for Establishment of Homeowners Association
1) The Developer shall establish an organization for the ownership and maintenance of any residual open space for the benefit of residents of the development Such organization shall not be dissolved. and shall not dispose of any open space. by sale or otherwise, except to an organization which is conceived and established to own and maintain the open space for the benefit of such development, and which thereafter shall not be dissolved or dispose of any of its open space except by dedicating the same to the municipality wherein the land is located The Developer shall be responsible for the maintenance of any such open space until such time as the organization established for its ownership and maintenance shall be formed and functioning and shall be required to furnish a performance guarantee in an amount to be fixed by the Township Engineer for such maintenance for a period of two (2) years after the date of acceptance of all public streets in the development
2) Failure to maintain open space
a) In the event that the organization shall fail to maintain the open space in reasonable order and condition the Zoning Officer may serve written notice upon such organization or upon the residents and owners of the development setting forth the mariner in which the organization has failed to maintain the open space in reasonable condition, and demanding that such deficiencies be remedied within thirty-five (35) days This notice shall also state the date and place of a hearing thereon which shall be held within fifteen (15) days of the date of the notice At such hearing. the Planning Board may modify the terms of the original notice as to deficiencies and may give an extension of time not to exceed sixty-five (65) days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within thirty-five (35) days of the date of the notice or within the period of any extension granted, the municipality in order to preserve the open space and maintain the same for a period of one (1) year, may enter upon and maintain such land Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the residents and owners and is accepted by the Township with the approval of the Planning Board
b) Before the expiration of said year. the Planning Board shall, upon its initiative or upon the request of the organization therefore responsible for the maintenance of the open space. call a public hearing upon fifteen (15) days notice to such organization or to the residents and owners of the development. to be held by the Planning Board. at which hearing such organization or the residents and owners of the development shall show cause why such maintenance by the municipality shall not. at the discretion of the municipality, continue for a succeeding year If the Planning Board shall determine that such organization is read), and able to maintain such open space in reasonable condition, the municipality shall cease to maintain said open space at the end of said year If the Planning Board shall determine such organization is not ready and able to maintain said open space in a reasonable condition. the municipality may, in its discretion. continue to maintain said open space during the next succeeding year. subject to a similar hearing and determination, in each year thereafter
c) The decision of the Planning Board in any case shall constitute a final administrative decision subject to judicial review
3) The cost of such maintenance by the municipality shall be assessed ratably against the properties within the development that have a right of enjoyment of the open space, and shall become a lien and tax on said properties The municipality, at the time of entering upon the said open space for the purpose of maintenance, shall file a notice of such lien and tax in the County Recording Office upon the properties affected by such lien within the development and the same shall be discharged by the municipality upon payment as with other liens
4) All documents pertaining to any homeowners association or common open space shall be subject to review and approval of the Township Attorney, who shall require that all portions thereof be recorded as covenants running with the land
C.Downtown Development Zone
1 Multi-level parking structures shall be conditional uses provided that they comply with the following requirements:
a The structure is placed at a location specified on the Urban Design Plan as "Shared Parking", or in a location approved by the Planning Board,
b The structure has no more than three (3) levels including ground level,
c The structure has an articulated brick exterior with facades compatible with adjacent buildings and the Design Vocabulary
d The structure has permitted uses located on the ground level along all major pedestrian sidewalks or paths.
e If not located at a "Shared Parking" location on the Urban Design Plan, the structure is located where the provision of such a facility will reduce the amount of on-grade parking surface and increase landscaping and/or where its location and facade can be recessed into a hill in the rear yard of a proposed or existing building thereby reducing the amount of structure exposure
2 Architectural Height Extensions Architectural Height Extensions shall be permitted provided they comply with the following requirements
a The site must have a minimum area of four (4) acres,
b No architectural height extension is allowed within two hundred (200) feet of the Springfield, Plainfield, or Snyder Avenue rights-of-way,
c Any increase in height must be an extension of, architecturally compatible with, and in context with the lower height structures of which it is a part and shall not have a cross-sectional area greater than twelve (12) percent of the footprint of the entire structure,
d Any increase in height shall be designed at locations of visual termination along a major axis with a minimum length of five hundred (500) feet, as landmarks to identify a location, as spatial enclosure of a park, major open space or green space, or as designated on the Urban Design Plan,
e The height extension shall be a distinct architectural element within the three and one half (3 1/2) story height limit,
f The planning and design rationale for such height increase may be demonstrated and illustrated in perspective sketches, axiometric or isometric projections, view and shadow analyses, three dimensional models and other visual aids that the Planning Board requires to evaluate potential impacts,
g Any height extension must have an articulated base and a high pitched roof with a decorative cornice and/or vertical decoration, and all air conditioners, stair towers and elevator housings must be incorporated into the decorative roof structure, and
h Only one height extension per site
3 Temporary Construction Trailers Construction trailers shall be permitted only in locations specifically approved by the Planning Board and shall remain on-site only during the period of construction or such other shorter period specified by the Planning Board
4. A. "suite hotel" shall be a conditional use in this Zone in accordance with the following specifications and standards:
a. It is located on cither a separate lot or on an area, of a lot subject to an exclusive lease for the hotel use which is a minimum of 80,000 square feet in size (in the event that the use is proposed on a eased portion of a lot, all setback distances and coverage requirements shall be calculated on the leased portions of the lot although the entire lot shall be considered to be part of the application);
b. It is located at least two hundred (200) feet from the Springfield, Plainfield arid Snyder Avenue rights of way;
c. It contains not less than 75 nor more than 110 guest rooms or suites;
d. There are no meeting rooms with a capacity in excess of fifty (50) per room or a combined capacity in excess of one hundred (100), or banquet or large scale dining facilities (coffee service, continental breakfast, snack services and the like are permitted provided that they are for the primary rise of the guests of the hotel and not intended for use by the general public);
e. The structure shall neat exceed five (5) stories in height, the average grade at building to mean height of roof shall not exceed sixty feet, arid no portion of the root shall exceed 70 feet in height measured from the average grade at building;
f. The building shall have a minimum front yard setback of 12 feet from the curb line, a minimum rear yard setback of 12 feet from the property line and minimum side yard setbacks of 25 feet from property lines;
g. The total impervious coverage by buildings shall not exceed thirty (30) percent and by all impervious surfaces shall not exceed eighty (80) percent;
h. Any portion of the lot or leased parcel which abuts a residential use or R Zone District shall include a minimum twenty (20) foot wide planted buffer as defined in this Ordinance along that portion of the lot or leased parcel adjacent to the R Zone or residential use;
i. The lot shall front upon, and have access to, a public street, fully improved along the frontage of the property (which improvement may be part of the conditional use and site plan application), with a minimum paved width of 30 feet;
j. There shall be a minimum number of parking spaces of 1.1 per hotel guest room. This specification or standard shall establish, or shall relate to, the total number of parking spaces required for the suite hotel usage. Other regulatory provisions in the Ordinance which affect or relate to parking for suite hotels, such as, without limitation, the dimensions of parking stalls, parking lot layouts, the offsets of parking spaces from property lines, landscaping and buffering requirements, grading of parking spaces, aisle widths, the sharing or connecting of contiguous parking areas, and the proximity or location of parking to the site, shall be effective in accordance with the terms as set forth elsewhere in the Ordinance, but such other regulatory provisions shall not be deemed to be conditional use specifications or standards.
**Webmasters Note: The previous subsection, C.4.j., has been amended as per Ordinance No. 1-08.
D.Housing Business Zones
The Conditional Uses in this zone must meet the following conditions
1 All conditional uses must satisfy the following
a Minimum frontage two hundred fifty (250) feet,
b Minimum lot area one (1) acre,
c The front edges of the property, excluding driveways must meet the street scape and setback standards of the DD District,
d All parking areas must be completely screened from Springfield Avenue and must be located in the rear yard.
e Buildings must conform to the standards of Part 10 of this Ordinance
2 Motor vehicle service stations shall be permitted in these zones subject to the following additional conditions
a Detailed site plans and specifications as provided in Part 10 and 11 showing the location and number of fuel pumps, location. depth and capacity of fuel tanks, shall be submitted to the Planning Board,
b All fuel pumps, carlifts and other service appliances shall be located at least twenty-five (25) feet from the street lines and fifty (50) feet from the side property lines.
c All fuel tanks shall be installed underground.
d No vehicular entrance to or exit from such premises or building shall be situated within three hundred (300) feet of a vehicular entrance to or exit from any property upon which a residence. place of worship. school, hospital, institution, theater, public assembly hall seating more than fifty (50) persons. public playgrounds or public parks more than one-half (1/2) acre in area, public library or public museum is located. nor within one thousand five hundred (1,500) feet of a vehicular entrance to or exit from another motor vehicle service station. and such distances shall be measured on a straight or air line between such entrances or exits,
e All such sites shall have frontage on at least two (2) streets
3 Retail sales including nurseries and floral shops shall comply with all provisions of Section 7 1 5 D 1
4 Car washes shall be permitted in the HB-3 Zone subject to the following additional conditions
a All entrances and exits shall be from an improved public road other than Springfield Avenue,
b No vehicular entrance to such a facility shall face a state or county road,
c On-site stacking of vehicles waiting to enter the facility around the periphery of the lot shall be two lanes wide The entrance stacking lanes shall have a minimum capacity for a total of 20 vehicles Each exit lane shall have a staging capacity of at least four (4) vehicles per lane at the exit of the carwash structure Driveways providing access to the site shall not be included in the provision of such vehicular capacity
d The property shall have frontage on at least two (2) improved public streets,
e A landscaped buffer meeting the requirements of Section 1 1 1 4.2 shall be provided along all roadways,
f Minimum Parking Requirement--One (1) space for each employee during maximum service hours If there is another use(s) present on the tract, the total parking requirement shall be the sum of the parking required for all of such uses,
g No vehicle parking shall be permitted on the site other than that for customers and employees of the establishments,
h Soap and other related products used at the car wash shall be bio-degradable,
i Sewage and wastewater discharge shall be in accordance with Berkeley Heights Chapter 85 "Sewage Disposal Use of Sewers".
j. This use shall not include a self-service or coin-operated car wash or vacuuming area in any form,
k All operations, including but not limited to washing. waxing. vacuuming and drying, shall be conducted within the structure. provided, however, that the lining up and waiting of vehicles may take place outside the said structure but only within the confines of the proposed site Manual drying may take place in the exit driveway but only within the confines of the proposed site,
l Water conservation techniques including the recycling of a minimum of 70% of the water shall be employed,
m No application shall be favorable acted upon by the Planning Board unless it shall first determine that the proposed car wash can be conducted at the proposed site and as on the site plan without causing undue traffic congestion or affecting, in a deleterious manner, the flow of traffic on the public streets adjacent to the proposed use
E.DH-12, DH-18, and DH-24 Zones
1 Home offices must meet the following additional conditions
a Conditionally permitted home offices must be located in townhouses with side attached garages,
b The office may employ no more than one person in addition to the primary users/resident,
c No more than twenty (20) percent of the dwelling unit's floor area may be used for office space.
d A minimum of two (2) additional parking spaces on-site or within two hundred fifty (250) feet must be dedicated exclusively to the office use
2 Day care and leisure facilities must be integrated into the development and must comply with all applicable State standards and licensing requirements
3 Architectural height extensions for residential structures must meet the following conditions
a The site area must exceed five (5) acres,
b The gross density of the housing units on-site must exceed twelve (12) units per acre.
c The height increase shall create an architectural accent to the lower building on the site and shall be designed to create variety and modulation to the roofscape,
d The height increase shall be designed as a landmark to identify a location, shall be placed at a location of visual termination along a major axis or viewshed. and shall be located adjacent to an open space, park or green space,
e Only one height extension per site is permitted.
f The planning and design rationale for such height increase may be demonstrated and illustrated in perspective sketches, axonometric or isometric projections, view and shadow analyses. three dimensional models and any other visual aids that the Planning Board requires to evaluate potential impacts,
g Height increases may not exceed. in cross-sectional area, twelve (1 2) percent of the total combined footprint of all buildings on the site,
h. Residential structures incorporating a height extension shall have an articulated base and a steeply pitched roof with a decorative cornice and/or vertical decoration All air conditioners, stair towers, and elevator housings shall be incorporated into the decorative roof structure, and
i The site plan shall demonstrate that such height extension shall increase the amount of ground level open space and create more usable open space
F. OR Zone
1. Parking decks in the OR Zone shall be subject to the following conditions
a. The entire resulting development shall conform to the limits on combined building and impervious surface coverage, contained in Section 6 1 1 B of this Ordinance, with the area of all parking levels, aisles, ramps and driveways included in the calculations of impervious surface
b. The Parking Deck area shall not be included in the G F A R calculations of the development Parking levels, aisles, ramps and driveways shall not be considered for calculating Gross Floor Area Ratio (G F A R )
c. A Parking Deck shall only be allowed on a lot having an area of at least twenty-five (25) acres.
d. A Parking Deck shall conform to all setback and buffer requirements as if it were a principal building
e. The maximum height of the structure at any point shall not exceed thirty (30) feet from the finished grade exclusive of the parapet. In addition, the average height of the parking deck shall not exceed twenty (20) feet calculated in accordance with Section 2 1 1 - "Building Height"
f. Exterior of Parking Deck shall be finished in materials similar to those of the principal building
2. Comprehensive Medical Care Facilities shall be a conditional use in this Zone provided . that they comply with the following requirements and restrictions:
a. The facility is located on a lot having a minimum size of thirty-five (35) acres;
b. The facility contains a minimum of one hundred sixty thousand (160,000) square feet of gross floor area.;
c. Food service facilities for on premises consumption (not to exceed 10 percent of the gross floor area of the entire facility) and retail sales within the facility, including but not limited to, pharmacies, optical shops, gift shops, medical supply stores and hearing aid centers (not to exceed 5 percent of the gross floor area of the entire facility) shall be permitted provided such facilities, services or sales are neither available to, nor advertised to the general public and are restricted to use by employees, trainees, and authorized visitors to, or users of, the comprehensive medical care facility or patients of health care providers at such facility;
d. Retail uses within the facility shall have no signs or storefronts visible from outside the building in which such use is located;
e. No outdoor storage of any kind shall be permitted;
f. The comprehensive medical care facility may consist of one or more buildings but shall occupy at least 160,000 square feet of gross floor area on the lot. Any gross floor area in excess of 160,000 square feet may be used for any other principal uses as permitted in this zone.
**Webmasters Note: The previous subsection, 2., has been added as per Ordinance No. 16-02.
G.OR-A Zone
Parking decks in the OR-A Zone shall be subject to the following conditions
1 Only the area of the parking levels, aisles, ramps. and driveways not covered by soil and not located beneath the uppermost parking levels, aisles. ramps, or driveways of such structure shall be included in the calculations of and shall conform to the limits on combined building and impervious surface coverage. contained in Section 6 1 1 B of this Ordinance
2. A Parking Deck shall only be allowed on a lot having an area of at least twenty-five (25) acres
3 A Parking Deck shall conform to all setback requirements in Section 6 1 1B for accessory structures
4 The maximum height of the structure at any point shall not exceed fifty-five (55) feet from the finished grade exclusive of the parapet
5 The exterior of a Parking Deck shall be finished in materials similar or architecturally compatible to those of the principal building
6. The Parking Deck shall be reasonably buffered from all municipal or count) roads by the use of berms, landscaping or other site treatments
7. No landscaping shall be required on any level of a parking deck
H.R-15 Zones
1 Planned Development In order to carry out the objectives of the Master Plan, planned developments may be approved in R-1 5 districts with the following standards.
a General Requirements
1) All dwellings shall be detached, single family units
2) All dwelling units shall be connected to approved and functioning public water and sanitary sewer systems
3) The minimum tract area shall be twenty (20) acres In computing the net tract acreage, the tract area shall be reduced by that of streets, and other public rights-of-way In computing the net tract acreage, the tract may include, water areas and land for open space or public purposes,
4) The maximum number of lots shall not exceed that number permitted under a conventional R-15 design.
5) The Planning Board may require that portions of the tract be set aside for open space, conservation areas, flood plains, detention facilities, or parks. In the event it is impracticable to set aside a minimum of twenty-five (25) percent of the net tract acreage. the Developer shall contribute to the Township's Affordable Housing Trust Fund in an amount to be established by agreement with the Township Committee; which amount shall bear a reasonable relationship to the benefit derived from the cluster provision.
6) The minimum lot dimensions shall be as follows, except on the periphery of the tract, where it adjoins existing residential uses where such lots shall comply in all respects with R-15 requirements:
a) Lot area..........10,000 sq. ft.
b) Lot width.........80 feet
c) Lot depth.........100 feet
d) Front yard........40 feet
7) Light and air shall be furnished to windows in living rooms and bedrooms by "sky exposure" set forth in the "Standard Details and Design Criteria of Berkeley Heights".
8) A land area not platted into lots may be offered for dedication to the Township or transferred to the ownership of a home-owners association as established below, Land offered for dedication but not accepted by the Township Committee shall be transferred to the homeowners association, All land accepted by the Township Committee shall be conveyed by deed at the time final plat approval is granted.
b. Standards for Establishment of Homeowners Association, All standards set forth for the Establishment of a Homeowners Association in the R-20 Zone shall be equally applicable in the R-l5 Zone.
I.DMX Zone
1 All new uses, or expansion or modification of existing uses or structures shall comply with all bulk and design standards of the zone
2 All construction, expansion or modification of facilities or improvements shall be subject to site plan review by the Planning Board where required by ordinance and such review and approval by other agencies of government as may have jurisdiction
3 The warehousing shall only be in connection with, and integrally related to, the permitted or conditional use on site
4 Manufacturing, assembly, and packaging shall be restricted to inorganic pharmaceutical, inorganic cosmetic and inorganic Food and Drug Administration regulated products and related products including the preparation of products utilized in the manufacture of antacids and antiperspirants and related products
5 There shall be no manufacture of any items or materials expressly prohibited by Section 6 4 3 and no such items or materials shall be stored on site except as may be incidental to the manufacturing scientific or research use and only in such manner as specifically approved by the Planning Board and such other agency as may have jurisdiction
6 Floor area devoted to manufacturing shall not exceed forty-seven thousand seven hundred (47,700) square feet In computing this floor area. there shall not be included the floor area occupied by equipment or facilities installed after December 12. 1989 for the exclusive purpose of pollution control
J.OL Zone
Towers and/or antennae for wireless communications including cellular telephones, pagers, beepers, personal communication services and the like shall be permitted in the OL Zone only subject to the following conditions
1 All towers and related equipment shall be located on lands ]eased from the Township of Berkeley Heights No application shall be filed for such use until the Township Committee has authorized its filing be Resolution
2 All towers constructed shall be suitable for such number of multiple users as the Township may specify in its Resolution authorizing the filing of the application
3. The application need not include a designated user for each usable location on the tower. After approval by the Planning Board or Board of Adjustment additional users may be authorized by the Township Committee to erect antennae on the tower in locations previously approved
4 All towers must provide for locations to be made available for use by governmental emergency services as specified by the Township Committee
5 Transmissions shall not cause interference with any electronic reception or transmission on any other property
6 All towers. antennae and related equipment shall full), conform with all applicable State and Federal laws. rules and regulations
7 No tower shall be lighted except if required by State or Federal WA
8 No tower shall be permitted unless the applicant demonstrates that there are no available locations on existing towers to service the area for which the applicant seeks coverage
9 The tower shall be constructed to allow the number and type of antennae specified by the Township in its authorizing resolution The Planning Board shall require the tower to be of such material, style and color as to minimize the visual impact without adversely effecting its performance. function and ability to support the required number and type of antennae
10 No tower shall exceed 125 feet in height from grade
11 Equipment shelters or other buildings or enclosures shall have the following minimum setbacks a) from the side yard of any residentially (R10, R-15A, R-15, R-20, AH) zoned property-the minimum required side yard dimension of the residentially zoned property, b) from any Downtown Housing or Housing Business zoned properties 12 feet, c) from any other property- 10 feet
12 All equipment shelters or other buildings or enclosures shall be screened and/or buffered from adjacent properties with landscaping and/or board on board fencing as directed by the Planning Board
13 Tower supports, guy wires and the like shall not be subject to the stated setbacks but shall be screened and/or buffered at point of attachment to the ground as directed by the Planning Board
K. LI Zone
a. The site shall have a minimum of two and one half acres
b. There shall be no parking within the 50 foot front yard setback
c. A landscape or screen fence buffer must be provided around the perimeter of the vehicle parking. The buffer shall be a minimum of eight feet.
d. A site plan must be submitted to the Planning Board for approval including:
1. Written Use Plan
2. Traffic Circulation Plan
e. Unrestricted repairs of all vehicles will be permitted to take place inside the confines of a building. No outside repairs will be permitted. In addition, repairs will only be permitted on vehicles that are permanently housed on the premises.
f. Parking spaces for vehicles must be clearly marked on the pavement and designated on the plan as per section 11.1.3B.12(a) & (b).
g. Tractor trailers not permitted.
h. Parking spaces for school buses and/or commercial vehicles shall in addition to spaces required by section 11.1.3.
**Webmasters Note: Subsection 7.1.5.K. has been amended by Ordinance No. 8-2012, effective July 24, 2012.
