A. All residential fences erected, with the exception of farm uses, shall comply with the following height restrictions:
(1) A solid six-foot-high fence may be installed on an interior lot in the rear and side yards and shall not extend beyond the front building line of the house; provided that, when a house which exists on an adjacent lot is less than 71/2 feet from the common lot line, a six-foot fence will not be permitted in the side yard.
(2) A solid six-foot-high fence may be installed on a corner lot in the side and rear yard, to within five feet of the lot line; provided that this fence shall not be permitted to obstruct the sight triangle at the corner.
(3) A maximum four-foot-high open fence may be installed in the front yard area.
B. All nonresidential fences shall comply with the following restrictions:
(1) Fences at nonresidential properties (including farm uses) shall be open and not exceed 10 feet in height.
A. No building or parking area may be established in any buffer.
B. The width of any buffer required herein may, in the discretion of the approving board, be reduced to a minimum of 50 feet; provided that the intensity of the landscaping within the buffer is increased to minimize the visual impact of such reduction and promote the purposes of the buffer as described in § 250-6.
C. Buffers shall be along streets as follows:
(1) Major arterial frontage. A buffer measured from the road right-of-way of 125 feet wide with respect to residential lots and 75 feet wide with respect to nonresidential lots shall be established along the entire frontage of a tract abutting a major arterial.
(2) Minor arterial frontage. A buffer measured from the road right-of-way of 100 feet wide with respect to residential lots and 50 feet wide with respect to nonresidential lots shall be established along the entire frontage of a tract abutting a minor arterial.
(3) Light arterial frontage. A buffer measured from the road right-of-way of 75 feet wide with respect to a residential lot and 50 feet wide with respect to a nonresidential lot shall be established along the entire frontage of a tract abutting a light arterial.
D. Buffers shall be established between differing land uses as follows:
(1) On any property developed for a use other than a single-family detached dwelling or open space, a buffer 50 feet wide measured from the property line shall be established along any adjoining property which is either undeveloped and residentially zoned or developed for single-family detached dwellings.
(2) On any property developed for a use other than residential, a buffer 50 feet wide shall be established along any adjoining residential zone.
E. The required buffer for all open storage areas shall consist of a six-foot-high solid screen on all sides. Evergreen trees shall also be planted at fifteen-foot intervals along all adjoining properties to obscure views from upper floors of nearby buildings. Linear rows of evergreen trees shall be avoided.
F. All refuse storage areas shall be provided with a six-foot-high screen on all sides. A roof or evergreen tree plantings shall be provided to obscure view from upper stories of adjacent buildings.
G. All aboveground and rooftop utilitarian appurtenances shall be provided with a screen equal to the height of the appurtenance.
H. Landscaping shall be provided on all areas not committed to buildings, walks, parking areas, driveways or other accessory structures as follows:
(1) All open areas shall be landscaped with plant material, except where a specific function requires other materials.
(2) All sites shall preserve, plant or otherwise maintain deciduous and evergreen trees sufficient to provide a tree canopy encompassing an area not less than 10% of the site area, exclusive of buffer area. Tree canopy area in buffer areas shall be maintained at not less than 40% of the area of said buffers. In calculating the tree canopy area, the canopy shall be deemed to extend to the dripline of trees in existence on the date of occupancy.
(3) Buffers shall be landscaped to provide a visual screen and an aesthetic setting consistent with the character of the surrounding area.
(a) In areas previously developed, a formal setting shall be provided designed to relate to the built environment.
(b) In areas previously undeveloped, an informal setting replicating the natural character associated with the soil conditions shall be provided. Disturbance of grades and existing vegetation shall be limited to specific corrective measures, planting of trees and shrubs intended to accelerate the natural succession pattern and to provide access and visibility. Openings shall be limited to a cumulative distance of not more than 300 linear feet.
A. Parking. Except as otherwise provided in this chapter, whenever any building or structure is erected or structurally altered, or any building or structure is covered, off-street parking spaces shall be provided in accordance with the Schedule of Required Parking Spaces, which is attached hereto as Appendix F and hereby incorporated into this chapter.
(1) The parking space requirements for a use not specifically listed in the Schedule of Required Parking Spaces shall be the same as for a listed use of similar characteristics; provided that the approving board may determine parking requirements for any use not listed in the Schedule of Required Parking Spaces.
(2) Where fractional spaces result, the parking spaces required shall be construed to be the next highest whole number.
(3) Up to 50% of the parking spaces required for (a) theaters, public auditoriums, bowling alleys, dance halls, and nightclubs, and up to 100% of the parking spaces required for a church auditorium may be provided and used jointly by (b) banks, offices, retail stores, repair shops, service establishments and similar uses not normally open, used or operated during the same hours as those listed in (a) and up to 100% of parking spaces required for schools may be provided and used jointly by a church auditorium; provided, however, that the multiple users of such facilities enter into a written agreement, properly executed and recorded, guaranteeing the perpetual availability and maintenance of such facilities.
(4) Where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, the availability of such parking spaces shall be established by a recorded covenant or agreement as parking spaces to be used in conjunction with the principal use and shall be reserved as such through an encumbrance on the title of the property to be designated as required parking spaces, such encumbrance to be valid for the total period of the use or uses for which the parking is needed are in existence.
(5) Home business and home professional office uses shall comply with both the applicable residential and nonresidential minimum standards set forth in the Schedule of Required Parking Spaces.
(6) Each development shall provide for the number of accessible parking spaces for the physically handicapped that is required under N.J.A.C. 5:23-7.12 and shall comply with same in the manner set forth in N.J.A.C. 5:23-7.13.
(7) In calculating the number of required off-street parking spaces required hereunder, units or floor space occupied or proposed to be occupied by a day-care center shall be excluded from the total number of units or floor space upon which such calculation is based.
B. Loading.
(1) Loading and unloading areas shall be provided according to the Schedule of Minimum Loading Requirements which is set forth in Appendix G which is incorporated herein by reference, and if not included, loading and unloading areas for other uses shall be provided in sufficient amount to permit the transfer of goods and products in other than a public street or public parking area and shall be adequately screened.
(2) The minimum number of spaces shown on said schedule shall prevail for uses that have not attained the gross floor where the first space is required.
(3) Loading spaces required under this section shall be provided as area in addition to off-street parking spaces and shall not be considered off-street parking spaces.
A. The Airport Hazard Area Zone is established in conformance with the general requirements and provisions of the Air Safety and Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.) and in accordance with N.J.A.C. 16:62 (16 N.J.R. April 15, 1985, 17 N.J.R. 977-983, 17 N.J.R. November 4, 1985 2673-2674) and N.J.A.C. 16:62 (21 N.J.R. 1378 May 15, 1989). The standards contained herein are the minimum standards.
B. The Airport Hazard Area Zone is delineated on the Zoning Map of the Township of Old Bridge which is attached hereto as Appendix B.
C. Development within the delineated Airport Hazard Area Zone is hereby restricted and constrained as follows:
(1) No person shall establish an airport hazard which is constituted by either:
(a) Any use of land or water, or both, which may create a dangerous condition for persons or property in or about an airport, or aircraft during landing or taking-off at an airport; or
(b) Any structure or tree which obstructs the airspace required for the flight of aircraft in landing or taking-off at an airport.
(2) No person shall build, rebuild, create or cause to be built, rebuilt or created any object or structure, or plant, or cause to be planted or permit to grow a tree or vegetation, which will interfere with, diminish, change or obstruct the airspace or landing and take-off area available for the landing and take-off of aircraft at public use airports.
D. Within the Airport Hazard Area Zone, the following standards are hereby established:
(1) No person shall establish a vertical height obstruction which shall include construction, reconstruction, creation or establishment of any vertical structure or planting of a tree as per N.J.A.C. 16:62-4.2.
(2) Interstate highways are considered to be a seventeen-foot vertical development; other public roads shall be considered to be a fifteen-foot vertical development; private roads shall be considered to be a ten-foot vertical development; and railroads shall be considered to be a twenty-three-foot vertical development.
(3) No person shall establish any of the prohibited land uses specifically enumerated in this section without the written approval of the NJ Commissioner of Transportation. Prohibited land uses may be allowed by the NJ Commissioner of Transportation on airport property when they are determined to be necessary by the Director of Aeronautics for air commerce purposes or for the operation of the airport and its vendors directly serving air commerce needs, such as a flight school.
(a) Permitted land uses:
[1] Residential: single-family dwelling units which are situated on a lot at least three acres in size and not located in a clear zone (as same is defined at N.J.A.C. 16:62-3.5). Residential zoning is permitted in the clear zone as long as all dwellings are physically located outside of the clear zone.
[2] Airpark (minimum lot size of at least three acres which are not located in a clear zone).
[3] Open space.
[4] Agricultural.
[5] Transportation.
[6] Airports.
[7] Commercial (not located in a clear zone).
[8] Industrial (not located in a clear zone).
(b) Specifically prohibited land uses are as follows:
[1] Dwelling units, except for new one-family dwellings situated on lots which are a minimum of three acres in size, and dwelling units which exist on the effective date of this chapter.
(c) Planned unit developments.
[1] Hospitals.
[2] Schools.
[3] Aboveground bulk tank storage of compressed flammable or compressed toxic gases and liquids.
[4] Within the runway end subzones only, the aboveground bulk tank storage of flammable or toxic gases and liquids.
[5] Uses that may attract massing birds, including landfills.
[6] Incineration facilities.
[7] Abovegrade major utility transmission lines and/or mains.
E. Creation or expansion of a prohibited land use or vertical height obstruction within an airport hazard area shall require a permit as follows:
(1) An application for a project requiring creation or establishment of a prohibited land use, or creation or establishment of a vertical height obstruction shall first apply for approval from the Zoning Board of Adjustment. The standards employed by the Zoning Board of Adjustment in acting upon such application shall be those standards governing the granting of relief under N.J.S.A. 40:55D-70d and § 250-9G(5) of this chapter.
(2) If the Zoning Board of Adjustment approves the application, that approval shall be conditioned on the applicant applying for and receiving a permit from the New Jersey Commissioner of Transportation in accordance with N.J.A.C. 16:62-6.1 et seq. The resolution of the Zoning Board of Adjustment approving such application shall contain a request that NJDOT approve the issuance of a permit hereunder.
(3) Construction, development or creation of any prohibited land use or vertical height obstruction shall not commence until a permit has been issued by the New Jersey Commissioner of Transportation.
F. A preexisting structure not in conformance with the standards of this chapter shall be classified as nonconforming. For such preexisting structure, a property owner may seek and the Zoning Board of Adjustment may permit expansion of such a nonconforming structure without having to obtain a permit from the New Jersey Commissioner of Transportation under the provisions of this chapter and N.J.A.C. 16:62-9.1(b); provided, however, that:
(1) The expansion of nonresidential uses shall be limited to 10% of the floor area in existence as of December 31, 1989;
(2) The expansion shall conform to the limits on floor area, coverage and other zoning controls set forth in this chapter; and
(3) The expansion shall not exceed a vertical height of 25 feet.
G. No variance, subdivision or other relief from the standards promulgated by or under N.J.A.C. 16:62-1.1 et seq. within an Airport Hazard Area Zone may be granted by any Township agency to the Township or any person, except upon the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the New Jersey Commissioner of Transportation.
H. The Township Clerk shall transmit, at time of adoption, amendment, or when requested, a valid copy of this § 250-56, Airport hazard area regulations, and other applicable sections of this chapter as may affect the Airport Hazard Area Zone or the operation of the Old Bridge Township Airport, and the Planning Board Secretary shall transmit, at time of adoption, amendment, or when requested, a valid copy of the Master Plan to the New Jersey Department of Transportation, Division of Aeronautics, Air Safety and Hazardous Zoning Permits.
[Added 3-27-2000 by Ord. No. 06-00]
A. Purpose.
(1) The purpose of this section is to establish general guidelines for the placement of wireless communication towers and antennas to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community.
(2) The goals of this section are to:
(a) Protect residential areas and land uses from potential adverse impacts of the siting of towers and antennas.
(b) Facilitate the provision of wireless telecommunications services to the residents and businesses of the Township.
(c) Require the location of towers in nonresidential areas.
(d) Minimize the total number of towers throughout the community.
(e) Minimize adverse visual effects of towers through careful design and siting standards.
(f) Require the joint use of new and existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or existing buildings or structures as a primary option rather than construction of additional single-use towers.
(g) Require that such towers are properly constructed, maintained and dismantled and that appropriate security is posted to ensure same, and the safety of Township residents.
(3) In furtherance of these goals, Old Bridge Township shall give due consideration to the Old Bridge Township Master Plan, Zoning Map, existing land uses, inventory maps of existing towers and structures, and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. Applicability.
(1) Existing structures. When planning to serve an area or to expand services in an area, providers shall utilize existing towers and structures prior to consideration of new sites, unless the Board finds that it is not feasible to do so.
(2) Preexisting towers and antennas. Preexisting towers or antennas shall not be required to meet the requirements of this chapter, provided that requirements of Subsections C(2) and C(3) are met unless they are altered or additional equipment is added to same. When new masts, antennas or other structures are added to a preexisting height by more than 20 feet, the location and setback requirements of this shall not apply.
(3) New towers and antennas. New telecommunications antennas shall be permitted on buildings three stories or more in height and located in nonresidential zones, provided that the antenna does not extend more than 10 feet above the roof.
C. General requirements.
(1) Collocation; additional users.
(a) Each applicant for a new telecommunication tower shall prove that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building or other structure (e.g., water towers) within a five-mile search radius of the proposed tower.
(b) Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's and comparable antennas. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.
(2) State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, FCC and 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 chapter shall bring such towers and antennas into compliance with such revised standards and regulations, unless not mandated by the controlling state or federal agency, in which case 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.
(3) Safety standards/building codes. 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 property maintenance codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended. If upon inspection Old Bridge 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 bring such tower into compliance with such standards. Failure to bring tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(4) Tower setbacks. New towers shall conform to each of the following minimum setback requirements:
(a) Towers shall meet the setbacks of the underlying zoning district.
(b) Towers located in nonresidential districts adjacent to residential districts shall be set back from all residential lot lines by a minimum distance equal to 11/2 times the height of the tower, including all antennas and attachments, or a five-hundred-foot minimum setback, whichever is more.
(c) Towers shall not be located between a principal structure and a public street. An improved driveway shall be provided for access to each tower site from the nearest open public street.
(d) A tower's setback may be reduced or its location in relation to the public street varied, at the sole discretion of the Board, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line support device, or similar structure.
(e) Towers shall meet all buffer and landscaping requirements of the underlying zone district.
(f) Telecommunications towers or antennas shall not be located on any dwelling.
(5) 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 lots.
(6) Landscaping. New towers and accessory buildings shall be landscaped at the base in conformance with Township standards.
(7) Abandoned towers. All abandoned or unused towers and associated facilities shall be removed by the applicant or its successors and the tower and any impacted property returned to its original state, within six months of the cessation of operations at the site, unless a time extension is approved by the Board.
D. Additional submission requirements. Each submission and/or application for an antenna and/or tower shall include:
(1) Inventory of existing sites. For each application for an antenna and/or tower, the applicant shall provide to the Board an inventory of all its existing towers, antennas, sites approved for towers or antennas, and plans for future antennas and towers that are within Old Bridge Township and within five miles of the boarder thereof, including specific information about the location, height and design of each tower.
(2) Report. A report for a qualified and licensed engineer which includes the following:
(a) Description of tower height and design, including cross-section and elevation;
(b) Indicates the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;
(c) Description of the tower's capacity, including the number and type of antennas that it can accommodate;
(d) Indicates what steps the applicant will take to avoid interference with established public safety telecommunications.
(3) Letter of intent. A letter of intent committing the tower owner or lessee and its successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use, and that the tower owner or lessee acknowledges and agrees that its successors and/or additional users shall be bound and will conform to the requirements of this chapter as applicable.
(4) Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.
(5) Insurance. In the event a tower is sited on Township-owned property, the lease between the Township and the tower owner (and its successors) shall provide a certificate of insurance providing coverage of at least $1,000,000 per occurrence, including but not limited to premises and general liability naming the Township of Old Bridge as an additional insured.
(6) Hold harmless. In the event a tower is sited on Township-owned property, the lease between the Township and the tower owner and its successors shall indemnify and hold harmless the Township of Old Bridge, its officers, employees, agents and servants, from and against any and all claims, demands, suits, actions, recoveries, judgments, costs and expenses, including attorneys' fees, incurred or suffered on account of property damage or loss and/or personal injury, including loss of life of any person, agency, corporation or governmental entity which shall arise out of the course of or in consequence to any acts or omissions of the Township of Old Bridge, its employees, agents or servants in the performances of the work or failure of the Township of Old Bridge, its employees, agents or servants. This obligation shall not apply in the case of gross negligence or willful malfeasance.
(7) Bond requirement. In the event a tower is sited on Township-owned property, the applicant shall be required to post a performance and maintenance bond in a sufficient amount to be determined by the Board Engineer to ensure the proper construction and maintenance of the tower.
(8) Site plan conformance. In addition to the foregoing all applications shall meet the following site plan standards unless preempted by controlling state or federal law.
E. Design requirements. Telecommunication towers shall be of a monopole design unless the board determines that an alternative design would better blend into the surrounding environment.
(1) Aesthetics. Applicants shall minimize the adverse visual impact and the number of such facilities through proper design, siting, screening, material color and finish for towers, antennas, and accessory buildings. Wherever possible, competing providers shall collocate antennas and related facilities. At locations where collocation on an existing structure is impractical, the applicant shall use camouflage structures, such as artificial trees, subject to applicable FAA standards and design review by the Board. Where the required height of the tower makes an artificial tree impractical, other camouflage techniques shall be considered. Artificial trees shall be designed to resemble a woody tree with a single trunk and branches on its upper part. They shall be located near existing tree masses to the extent practical.
(2) Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation, except where a design of nonvegetative screening better reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
(3) Security. All towers and accessory structures shall be required to provide fencing, landscaping and/or such other barriers as the board may require, such that the tower and accessory structures are secured and inaccessible to private residents and children. For purposes of this chapter, any and all towers shall be deemed an attractive nuisance where adequate security is not provided as requested herein pursuant to N.J.S.A. 2C:33-12.
(4) Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(5) Height. The antenna and any supporting structure shall not exceed 200 feet in height.
(6) Lot coverage. Not more than 10% of a lot may be devoted to towers, antennas and accessory structures.
(7) Signs and advertising. The use of any portion of a tower for signs or any form of advertising other than warning or equipment information signs (only legible by persons maintaining the facility) is prohibited.
