(5) Other provisions and requirements.
a. Signs. See Section 33-18(c) of this chapter.
b. Off-street parking; loading and unloading. See Section 33-28 of this chapter.
c. If the subject property abuts a residential district, a buffer and screening shall be provided in accordance with the standards and specifications of Section 33-15(s).
(m) B-R Special Business -Residential District.
(1) Permitted principal uses. The same as specified in the B-1 and B-2 Districts as permitted principal uses, and single-family and multifamily residential uses, except as specifically prohibited or made conditional uses herein.
(2) Permitted accessory uses. Uses customarily incidental to the permitted principal uses.
(3) Conditional uses.
a. Retail sale of alcoholic beverages under a plenary retail distribution license.
b. Conditional uses specified in the B-1 and B-2 Districts.
(4) Prohibited uses. The following uses are prohibited in the B-R District:
a. Fortune-tellers and palm readers.
b. Amusement centers.
c. Adult bookstores.
d. Treatment or rehabilitation centers for alcoholics and/or drug abusers, either as residents or as out-patients. e. Bail bondsmen, pawnshops and businesses engaged in check cashing as their principal business.
f. Tattoo parlors.
(5) Dimensional, density and other bulk restrictions.
a. Minimums.
(6) Other provisions and requirements.
a. Signs. See Section 33-18(c) of this chapter.
b. Off-street parking, loading and unloading. See Section 33-28 of this chapter.
c. If the subject property abuts a residential district or use, a buffer and screening shall be provided in accordance with the standards and specifications of Section 33-15(s).
(n) P Public Land District.
(1) Purpose. The purpose of this district is to restrict development on public lands which are in use as schools, administrative facilities, parking lots, libraries and other public buildings and structures.
(2) Permitted principal uses. Public schools, administrative facilities, parking lots, libraries, recreational facilities and other public buildings and structures.
(3) Permitted accessory uses. Uses customarily incidental to the permitted principal uses.
(4) Conditional uses.
a. Wireless communications towers and antennas, subject to the provisions of Section 33-25 of this chapter.
(5) Dimensional, density and other bulk restrictions. None.
(6) Other provisions and requirements. None. (Ord. No. 1811, § 25; Ord. No. 1821, § 1; Ord. No. 1859, 5-27-1980, § 8; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 1968, 10-19-1982, § 3; Ord. No. 2042, 7-9-1984, §§ 6, 7; Ord. No. 2044, 7-9-1984, §§ 2, 3, 4, 5, 6, 7, 8, 9, 10: Ord. No. 2056, 9-18-1984, § 1; Ord. No. 2081, 5-7-1985, §§ 1, 2; Ord. No. 3025, 1-21-1986, § 1; Ord. No. 3059, 10-21-1986, § 1; Ord. No. 3269, 6-26-1990, §§ 2, 3; Ord. No. 3346, 3-9-1993, § 2; Ord. No. 3373, 10-26-1993, § 1; Ord. No. 3387, 4-12-1994, § 1; Ord. No. 3438, 11-14-1995, § 2; Ord. No. 3474, 10-8-1996, § 2; Ord. No. 3498, 5-13-1997, §§ 1, 2, 3, 4, 5, 6, 7, 9 and 10; Ord. No. 3576, 12-15-1998, §§ 1, 2.)
(a) Public utility installations. The following specifications and standards shall apply to the development of a public utility installation in a district which permits the same as a conditional use:
(1) A "public utility" shall be those activities and operations enumerated in N.J.S.A. 48:2-13, under privileges granted by the State of New Jersey or by any political subdivision thereof. Said public utilities include but are not necessarily limited to transportation systems, such as railroad and bus, gas, electric, water and sewer service, solid waste collection and/or disposal, telephone and telegraph systems and radio and television transmitting and receiving stations.
(2) Open storage yards in the L-I District shall be screened.
(3) The approving authority shall determine that the proposed installation is necessary and convenient for the efficiency of the public utility system in the proposed location and that all other alternative locations have been fully investigated and rejected.
(4) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by mechanical devices and procedures and by sufficient fencing, landscaping and setbacks.
(b) Child-care centers, public nursery schools and public and private elementary and secondary schools. The following specifications and standards shall apply to the development of child-care centers, public nursery schools and public, parochial and private elementary and secondary schools in a district which permits the same as a conditional use:
(1) They shall be certified by the appropriate licensing authority of the State of New Jersey.
(2) Dimensional, density and other bulk restrictions.
a. Minimums.
**Webmasters Note: The previous is current through Supplement 88, 2-99.
b. Maximums.
Building coverage:
Child-care centers and public nursery schools 30%
Elementary schools 35%
Lot coverage:
Child-care centers and public nursery schools 60%
Child-care centers and public nursery schools 35 feet
(3) On-tract parking shall be provided in the following ratios:
Child-care centers and public nursery schools member 1 parking space per staff or employee, plus 3 spaces, but no less than a total of 5 parking spaces
Elementary schools and junior high schools 1 parking space per staff member or employee, plus 1 parking space for each 10 pupils
High schools1 parking space per staff member or employee, plus 1 parking space for each 5 pupils
The foregoing requirements are deemed to be minimum requirements and may be increased by the approving authority based upon the unavailability of public transportation, the distances to be traveled by the student population and, in the case of high school students, the percentage of students driving their own motor vehicles.
(4) On-site loading and unloading areas for buses and delivery vehicles shall be provided no closer than one hundred fifty feet to any intersecting public street.
(5) No driveway shall open onto a public street within one hundred fifty feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(6) Development shall be barred if any lot line of the proposed development would be either within a one-thousand-foot linear zone or within a two-hundred-fifty-foot perimeter zone, in which the lot line of an existing child-care center, school, house of religious worship, nonprofit recreational facility, public or private meeting hall or other place of public assembly is also within said linear zone or perimeter zone.
As used herein, LINEAR ZONE shall mean both sides of the street on which the proposed development will front, and, if the street terminates less than one thousand feet in either direction, then the linear zone shall include the balance of one thousand feet along the same street course as if it were extended. If the street right-of-way changes course and/or becomes another named street, the linear zone shall continue into the new course or new street for the balance of the linear distance.
As used herein, PERIMETER ZONE shall mean the area surrounding the proposed development lot and parallel to the lot lines of the proposed development.
(7) For a child-care center, a landscaped buffer of not less than twenty-five (25) feet in width from which parking is excluded shall be provided along the rear boundary of the property, and a similar buffer of not less than fifteen (15) feet in width, parking excluded, shall be provided along the side yard boundaries.
(c) Recreational facilities. The following specifications and standards shall apply to the development of non-profit recreational facilities in a district which permits same as a conditional use:
(1) The term "non-profit recreational facilities" shall mean buildings and/or vacant lands either owned or operated by a nonprofit membership organization and used for recreational purposes, such as a swim club, tennis club, golf club, playground or park.
(2) No building, structure or active recreational use shall be located within seventy-five feet of a residential lot line.
(3) Dimensional, density and other bulk restrictions.
a. Minimums.
Lot area 1 acre
Lot width 200 feet
b. Maximums.
Lot coverage20%
(4) One on-tract parking space shall be provided for every two anticipated family memberships or for every four anticipated members, whichever is greater.
(5) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively mined by the appropriate use of artificial or natural landscaping, screening and fencing.
(6) Development shall be barred if any lot line of the proposed development would be either within a on-thousand-foot linear zone or within a two-hundred-fifty-foot perimeter zone, in which the lot line of an existing child-care center, school, house of religious worship, nonprofit recreational facility, public or private meeting hall or other place of public assembly is also within said linear zone or perimeter zone.
As used herein, "linear zone" shall mean both sides of the street on which the proposed development will front, and, if the street terminates less than one thousand feet in either direction, then the linear zone shall include the balance of one thousand feet along the same street course as if it were extended. If the street right-of-way changes course and/or becomes another named street, the linear zone shall continue into the new course or new street for the balance of the linear distance.
As used herein, "perimeter zone" shall mean the area surrounding the proposed development lot and parallel to the lot lines of the proposed development.
(7) No driveway shall open onto a public street within one hundred fifty (150) feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(d) Houses of religious worship. The following specifications and standards shall apply to the development of houses of worship in a district which permits same as a conditional use:
(1) (Reserved)
(2) Dimensional, density and other bulk restrictions.
a. Minimums.
Lot area 1/2 acre
Side yard width 15 feet or a distance equal to 1/2 of the height of the building, whichever is greater
Side yard width, combined 30 feet or a distance equal to the height of the building, whichever is greater
Front yard setback 25 feet or a distance equal to the height of the building, whichever is greater
Rear yard setback 25 feet or a distance equal to the height of the building, whichever is greater
b. Maximums.
Building coverage 30%
Lot coverage 60%
(3) Off-street parking shall be provided as follows: One (1) on-tract parking space shall be provided for every one hundred (100) square feet of public assembly area up to three thousand (3,000) square feet. In excess of three thousand (3,000) square feet of public assembly area, thirty (30) on-tract parking spaces shall be provided, plus one (1) on-tract parking space for every two hundred (200) square feet of public assembly area in excess of three thousand (3,000) square feet of public assembly space.
(4) No driveway shall open onto a public street within seventy-five feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(5) A landscaped buffer of not less than twenty-five feet in width, from which parking shall be excluded, shall be provided along the rear boundary of the property, and a similar buffer of not less than fifteen feet in width, parking excluded, shall be provided along the side yard boundaries of the property.
(6) The exterior design of any structure used in connection with such facility shall conform to the general character of the area.
(e) Group-care housing. The following specifications and standards shall apply to the development of group-care housing in a district which permits same as a conditional use:
(1) No more than fifteen persons shall be housed in the dwelling, excluding resident staff.
(2) Development shall be barred if any lot line of the proposed development is within one thousand five hundred (1,500) feet of any lot line of another group-care housing facility.
(3) With respect to residences for the developmentally disabled (as defined in N.J.S.A. 30:11B-2) and mentally ill (as defined in N.J.S.A. 30:4-23), a conditional use permit may be denied if the number of developmentally disabled and mentally ill persons resident in existing group care housing in the township exceeds fifty persons or five-tenths percent of the population of the township, at the time of the application.
(4) In the case of group-care housing for the elderly, such residence shall be sponsored by a nonprofit private or public entity responsible for the maintenance of the house and its inhabitants.
(5) In the case of group-care housing for the mentally ill, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by the Division of Mental Health and Hospitals of the New Jersey Department of Human Services.
(6) All such group care housing shall comply with the zoning requirements in the district in which it is located and for the type of housing that it is, either single-family detached or single-family attached.
(7) If such housing is not limited to persons residing in the township, the applicant shall so state to the approving authority and furnish proof that residency in the facility cannot be limited to such persons.
(8) One on-site parking space shall be provided for each three beds, plus one space for each staff member, whether or not a resident.
(9) No driveway shall open onto a public street within seventy-five (75) feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(10) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by the appropriate use of artificial or natural landscaping, screening and fencing.
(f) Nursing homes. The following specifications and standards shall apply to the development of a nursing home in a district which permits same as a conditional use:
(1) On-site parking shall be provided in a ratio of one space for every three beds, plus one on-tract space for each staff member.
(2) Dimensional, density and other bulk restrictions. The provisions in the R-M district for multifamily dwellings shall apply, except as hereinafter set forth.
a. Minimums.
Front yard setback As set forth in the R-M district, except that the setback yard shall be increased 1 foot, for each foot by which the building exceeds 35 feet in height
Side yard setback and
Rear yard
b. Maximums.
Building height principal building 44 feet in the B-1 and B-2 districts, 35 feet in the R-M district
(3) A landscaped buffer of no less than twenty-five (25) feet in width, from which parking shall be excluded, shall be provided along all boundaries of the property.
(4) No driveway shall open onto a public street within one hundred fifty (150) feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(g) Motor vehicle service stations and public garages. The following specifications and standards shall apply to the development of motor vehicle service stations and public garages in a district which permits same as a conditional use:
(1) Fuel pumps shall be located not less than twenty-five feet from any street line or property line.
(2) The entire area of the site traversed by motor vehicles shall be hard-surfaced.
(3) Driveways shall cross the sidewalk at right angles and shall not be more than thirty feet wide. Driveways shall be no less than ten feet from any side lot line and no less than fifty feet from intersecting street lines. No more than two driveways shall be permitted for each one hundred feet of street frontage.
(4) Motor vehicle repairs shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicles shall be stored out of doors.
(5) If the proposed development abuts a residential use or district, a landscaped buffer of not less than twenty-five (25) feet in width, from which parking shall be excluded, shall be provided along each boundary that abuts a residential use or district.
(6) The use of a motor vehicle service station or public garage for overnight parking of vehicles, other than vehicles owned by the proprietor or employees thereof, shall be permitted, subject to the following requirements:
a. No vehicle in excess of one ton manufacturer's rated capacity may be parked overnight.
b. Each space to be used for overnight parking shall be striped and numbered.
c. No interior building space of the service station shall be so used, except to store customers' vehicles under repair.
d. A zoning permit shall be obtained as provided in Section 33-23 hereof, except that the zoning permit shall expire every twelve (12) months and shall be renewable annually. The Zoning Officer may decline to renew the zoning permit if he determines that a condition of the permit has been violated. Site plan approval shall not be required for the use of an existing motor vehicle service station or public garage for overnight parking of vehicles.
(7) On-site parking shall be provided in a ratio of one space per one thousand (1,000) square feet of lot area.
(h) Home professional office. The following specifications and standards shall apply to the development of a home professional office which employs more than two (2) persons other than the resident professional, but no more than six (6) such employees. If no more than two (2) persons other than the resident professional are employed, the use is a permitted accessory use in the R.S and R-M Districts, and these criteria do not apply. If more than six (6) persons other than the resident professional are employed, the use is prohibited.
(1) One (1) on-tract parking space shall be provided for each nonresident employee, plus three (3) spaces for clients or patients of the professional. In addition, on-site spaces for the dwelling unit shall be provided as set forth in Section 33-28(b)(3). The approving authority may reduce the required number of off-street parking spaces if on-street parking is available and preferred to blacktopping the subject property or municipal or other off-street parking is accessible in the immediate area.
(2) The office shall occupy no more than the equivalent of one-half (1/2) of the gross floor area of the building in which it is located.
(3) Any adverse effects to the safety and aesthetics of the surrounding neighborhood shall be effectively minimized by the appropriate use of artificial or natural landscaping, screening and fencing.
(i) Fast-food restaurant. The following specifications and standards shall apply to the development of a fast-food restaurant in a district which permits same as a conditional use:
(1) No drive-in or drive-through facilities are permitted.
(2) No driveway shall open upon a public street within one hundred fifty (150) feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(3) No more than two (2) driveways shall be permitted for each one hundred (100) feet of street frontage.
(4) One (1) on-site parking space shall be provided for every two (2) seats, plus ten percent (10%) of the required spaces for employee parking.
(5) No lot line or portion thereof shall be within one thousand five hundred (1,500) feet of the lot line or portion thereof of another fast-food restaurant, car wash or tire distribution center.
(j) Car wash. The following specifications and standards shall apply to the development of a car wash in a district which permits same as a conditional use:
(1) No driveway shall open upon a public street within one hundred fifty (150) feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(2) No more than two (2) driveways shall be permitted for each one hundred (100) feet of street frontage.
(3) No lot line or portion thereof shall be within one thousand five hundred (1,500) feet of the lot line or portion thereof of another car wash, fast-food restaurant or tire distribution center.
(k) Tire distribution center. The following specifications and standards shall apply to the development of tire distribution centers in a district which permits same as a conditional use:
(1) No driveway shall open upon a public street within one hundred fifty (150) feet of an intersecting public street, measured from the intersection of the tangents of the adjacent curblines.
(2) No more than two (2) driveways shall be permitted for each one hundred (100) feet of street frontage.
(3) No lot line or portion thereof shall be within one thousand five hundred (1 ,500) feet of the lot line or portion thereof of another tire distribution center, fast-food restaurant or car wash.
(l) Retail alcoholic beverage distributor. The following specifications and standards shall apply to premises used, in whole or in part, for the retail sale of alcoholic beverages under a plenary retail distribution license, in a district which permits same as a conditional use:
(1) No lot line or portion thereof shall be within 1,500 feet of the lot line or portion thereof of another retail liquor distributor.
(m) Wireless communications towers and antennas.
(1) Purpose. The purpose of this subsection is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this ordinance are to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers in nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; 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; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of communication towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Township of Teaneck shall give due consideration to the Township of Teaneck's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
(2) Definitions. As used in this ordinance, the following terms shall have the meanings set forth below:
ALTERNATIVE TOWER STRUCTURE . Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
ANTENNA . Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antennas shall further be classified as whip-type, rectangular- or box-type, metal spine-type or dish-type.
BACKHAUL NETWORK . The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers or the public switched telephone network.
FAA . The Federal Aviation Administration.
FCC . The Federal Communications Commission.
HEIGHT . When referring to a tower, antenna or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna attached thereto.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS . Any tower or antenna for which a building permit or zoning permit has been properly issued prior to the effective date of this subsection, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
TOWER . Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including but not limited to self-supporting lattice towers, guyed towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
(3)Applicability.
a. New towers and antennas. All new towers or antennas in the Township of Teaneck shall be subject to these regulations, except as provided in Subsection (m)(3)b through d, inclusive.
b. Amateur radio station operators. This subsection shall not govern any tower, or the installation of any antenna, that is under 35 feet in height and is owned and operated by a federally-licensed amateur radio station operator.
c. Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this ordinance, other than the requirements of Subsection 4(m)(4)f and g.
d. AM array. For purposes of implementing this subsection, 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. Additional tower units may be added within the perimeter of the AM array by right.
(4) General requirements.
a. Conditional use. Antennas and towers shall be considered conditional uses in those zone districts which permit towers and antennas as conditional 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.
b. 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.
c. Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Construction Official an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Teaneck or within 10 miles of the border thereof, including specific information about the location, height and design of each tower. The Construction Official may share such information with other applicants applying for administrative approvals or construction permits under this subsection or other organizations seeking to locate antennas within the jurisdiction of the Township of Teaneck; provided, however that the Construction Official is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
d. Aesthetics. Towers and antennas shall meet the following requirements:
1. Towers shall be painted a neutral color so as to reduce visual obtrusiveness, subject to any applicable standards of the FAA.
2. 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.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must 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.
e. 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.
f. 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 subsection shall bring such towers and antennas into compliance with such revised standards and regulations 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.
g. 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 the New Jersey Uniform Construction Code, (N.J.S.A. 5:23), the applicable standards for towers that are published by the Electronic Industries Association, latest edition, and the National Electrical Safety Code for clearance of utility lines.
h. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township of Teaneck irrespective of municipal and county jurisdictional boundaries.
i. Not essential services. Towers and antennas shall be regulated and permitted pursuant to this subsection and shall not be regulated or permitted as essential services, public utilities or private utilities.
j. 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 of Teaneck have been obtained and shall file a copy of all required franchises with the Construction Official.
l. Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection (m)(7). No building or support equipment shall be used for human occupancy other than for routine maintenance of equipment contained therein.
m. Cable microcell networks. If a cable microcell network is proposed, all cables, wires and equipment shall be located so that they do not interfere with the municipal fire alarm equipment and cable system. Applications for cable microcell network systems must be reviewed and approved by the Fire Department and Engineering Department of the Township of Teaneck as prior approvals before issuance of required construction permits.
(5) Where permitted.
a. General. Wireless telecommunications towers, antennas and related equipment may be located in the following areas only:
1. Antennas located on towers. Antennas, for the reception and/or transmission of signals, located on towers, the tower structures, and equipment cabinets and buildings may be located within the L-1 Light Industry Zone District only.
2. Antennas located on utility and light poles. Antennas, for the reception and/or transmission of signals, mounted on utility and light poles may be located on any existing utility or lighting pole within the street right-of-way, under the control of the Township of Teaneck, where such street right-of-way is within or adjacent to a nonresidential zoning district. All equipment cabinets and buildings must be located outside the street right-of-way and within a nonresidential zoning district, in accordance with Subsection (m)(7) herein.
3. Antennas located on buildings. Antennas, for the reception and/or transmission of signals, mounted on buildings may be located on any nonresidential use building within any nonresidential zone district.
b. Availability of suitable existing towers, other structures or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the municipal board having jurisdiction that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the municipal board having jurisdiction related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
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. Costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting 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.
c. Prohibited locations. No antennas, for the reception and/or transmission of signals, tower structures and equipment cabinets and buildings may be located within any of the following:
1. Within any road, street or highway right-of-way under federal or state jurisdiction.
2. Upon any property used for rail transportation or services.
(6) Dimensional and bulk requirements. All dimensional and bulk requirements of the zone district in which the wireless communications tower or antenna is located shall apply, except as otherwise provided in Subsection (m)(6)a through e, inclusive.
a. Height. The maximum height of any tower erected within the Township of Teaneck shall be 150 feet.
b. Setbacks. The following setback requirements shall apply to all towers.
1. Towers must be set back a distance equal to at least 125% of the height of the tower from any adjoining lot line.
2. Guys and accessory buildings must satisfy the minimum zoning district setback requirements.
c. Separation. The following separation requirements shall apply to all towers and antennas.
1. Separation from off-site uses/designated areas.
[i] 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.
[ii] Separation requirements for towers shall comply with the minimum standards established in Table 1.
Table 1
2. Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower 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.
Table 2
