a. Lot Size.
For purpose of determining whether the installation of a tower or antenna complies with zone 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.
b. Separation.
The following separation requirements shall apply to all towers.
c. Setbacks.
The following setback requirements shall apply to all towers.
1. Towers must be set back a distance equal to at least one hundred (100%) percent of the height of the tower from any adjoining lot line and all nonappurtenant buildings.
2. All facilities must comply with the minimum setback requirements for the applicable zoning district. In addition, antennas that are roof mounted may not extend beyond the edge of the roofline or exterior walls of the subject building. Flush mounted antennas may extend up to two (2) feet out from the face of the building.
3. Accessory buildings must satisfy the minimum zoning district setback requirements as set forth in this chapter.
4. No tower of or antenna shall exist within required buffer areas if adjacent to residential zones and as prescribed under Local Ordinance.
d. Height.
1. The maximum height of any tower shall be not more than one hundred twenty-five (125) feet.
2. The maximum height of any other facility, along with the associated mounting equipment and cabinets, shall not exceed the maximum height permitted in the zone by more than twenty (20%) percent, or ten (10) feet, whichever is greater.
e. Design Criteria.
1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. Stealth type towers, designed to resemble flagpoles, wherein the antennas are screened from view by a RF penetrable material are greatly preferred.
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 related electrical and mechanical equipment must be of a neutral color, or covered with a siding material, 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.
4. To the greatest extent possible, any antennas located on an existing building shall be surfaced mounted on the building facade at the roofline or along the exterior parapet wall, so as to reasonably blend in with the architectural features of the building.
5. Any antennas located on existing buildings that cannot be flush mounted as specified in paragraph 4 above, and when deemed necessary by the governmental agency with jurisdiction over the application, shall be screened from view with RF penetrable screening. The screening shall be located and designed so as to blend with the architectural character of the building.
6. To the extent reasonably necessary, any public utility lines and/or cables deemed necessary for the operation of the proposed facility shall be located on the ground and/or inside the tower structure or building to which the antennas are attached.
f. Landscaping.
The following requirements shall govern the landscaping surrounding towers.
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any adjacent streets, property used for residences or planned residences.
2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the Planning Board or Board of Adjustment.
3. Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
4. Additional street trees may be required by the Planning Board or Board of Adjustment to be planted along the streets in the vicinity of any proposed wireless telecommunications facility to provide additional screening and/or aesthetic improvements to mitigate any detrimental visual impacts on the surrounding area.
5. The Planning Board or Board of Adjustment may require that additional decorative landscaping be provided on the site of proposed towers and/or antennas to offset and compensate for the negative visual impact of the proposed towers and/or antennas.
g. 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.
h. Signs.
No signs or advertisements of any kind, other than appropriate warning signs shall be allowed on an antenna or tower.
1. Fencing.
Towers shall be enclosed by decorative security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device. Acceptable fencing types include tubular steel, wrought iron or other similar fencing as approved by the Planning Board or Board of Adjustment. Galvanized chain link fencing, barbed wire and razor wire are expressly prohibited.
j. Accessory Buildings and Other Equipment Storage.
The unmanned equipment structures shall not contained more than three hundred sixty (360) square feet of gross floor area or be more than twelve (12) feet in height and shall be located in accordance with the minimum yard requirements of the zoning district in which it is located.
(Ord. No. O-01-34 § 9; Ord. No. O-03-37 § 9)
The Planning Board and/or Zoning Board is explicitly authorized to, and may, as it deems appropriate, retain an independent technical expert as it deems necessary to provide assistance in the review of the site location alternatives analysis and any technical materials submitted, especially in those cases when a technical demonstration of unavoidable need or unavailability of alternatives is proposed. The applicant shall pay the reasonable costs of the review, incurred by the City, which costs shall be deposited in accordance with the City's escrow ordinance and which shall be in addition to any required escrow requirements for development applications otherwise required by this chapter and/or Site Plan and Subdivision Ordinance. (Ord. No. O-01-34 § 10; Ord. No. O-03-37 § 10)
a. After the wireless telecommunications facility is in operation, the applicant shall submit within ninety (90) days of the beginning of operations existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a radio frequency engineer, stating that RFR requirements are accurate and meet FCC guidelines as specified in the Radio Frequency Standards Section of this By-law.
b. The applicant and all co-applicants shall maintain the wireless telecommunications facility in good condition and in compliance with all Federal and State regulations. Such maintenance shall include, but not be limited to, painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.
c. The applicant shall on the second anniversary after the wireless telecommunication facility is in operation, submit certification indicating that the facility is in compliance with all Federal and State regulations. This certification shall thereafter be updated every two (2) years and the certification shall be filed with the Bayonne Construction Code Official or his designatee.
(Ord. No. O-01-34 § 11; Ord. No. O-03-37 § 11)
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without first obtaining administrative approval or a development application approval and without having to meet the separation requirements specified therein. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if the permit expires, the tower or antenna shall be deemed abandoned. (Ord. No. O-01-34 § 12; Ord. No. O-03-37 § 12)
Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the City notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense by application to a court of competent jurisdiction. If there are two (2) or more users of a single tower, this provision shall not become effective until all users cease using the tower. The approval authority may require the memorializing resolution of approval, or a memorandum thereof, evidencing the obligation on the part of the applicant and/or the property owner to comply with the removal provision in the event of abandonment to be registered with the Hudson County Register of Deeds. (Ord. No. O-01-34 § 13; Ord. No. O-03-37 § 13)
Enforcement shall be in accordance with the Bayonne Property Maintenance Code, Section 17-10 et seq. and Section 15-1 et seq. for state Uniform Construction Code issues, as the case may be.
(Ord. No. O-01-34 § 14; Ord. No. O-03-37 § 14)
The Zoning Officer, as defined in Chapter 33, Planning and Development Regulations Section 33-2, shall be responsible for the administration and enforcement of this chapter. (Ord. No. O-95-12, § 33-9.1)
The duties of the Zoning Officer shall include the following:
a. Review applications for development and issue zoning permits prior to the issuance of construction permits provided that the proposed construction, alteration and/or occupancy is in accordance with this chapter or appropriate approvals have been granted.
b. Investigate violations of this chapter coming to his attention whether by complaint or from personal knowledge or observation.
c. Issue written notices to persons in violation of this chapter, and as circumstances warrant, either
1. Issue a summons for the violation returnable in Municipal Court; or
2. Upon the express authority of the City Council and with the assistance of the Corporation Counsel file in the Superior Court a complaint to terminate the violation or prevent its continuance.
d. Authorize the issuance of certificates of nonconformity, where uses or structures have pre-dated the adoption or amendment of this chapter and are not in accordance with same as a result of such adoption or amendment.
(Ord. No. O-95-12 § 33-9.2; Ord. No. O-09-28 § 2)
a. Application to Zoning Officer. Prior to or in conjunction with an application for the issuance of a construction permit or a certificate of occupancy, application shall be made for a zoning permit to the Zoning Officer. The applicant shall submit sufficient information for the Zoning Officer to render a decision. This shall include, but not be limited to:
1. Two (2) copies of the appropriate application form, signed by the applicant.
2. Two (2) copies of each of the following information on one (1) or more drawings:
(a) Survey of the property.
(b) Plot plans with lot lines, all existing and proposed buildings, alterations and/or additions, with appropriate dimensions and elevations.
(c) Dimensioned drawings of all proposed signs, accessory structures, and/or site changes if applicable.
b. Decision by the Zoning Officer. A decision shall be made by the Zoning Officer within seven (7) days of the submission of a complete application.
If the Zoning Officer shall determine that the application material submitted is complete, and that the proposal is in full conformance with this and all other applicable land use ordinances and statutes, and that no additional reviews are required by any other agencies, he shall forthwith issue a Zoning Permit.
If the Zoning Officer shall determine that the proposal is not in full conformance with this and all other applicable land use ordinances and statutes, and/or that additional reviews are required by any other agencies, he shall forthwith issue or authorize the issuance of a formal written Letter of Denial to the applicant, setting forth therein the grounds for his decision.
(Ord. No. O-95-12 § 33-9.3)
Appeals to the Board of Adjustment pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-70a.), may be taken by any interested party affected by any decision of the Zoning Officer based on or made in enforcement of this chapter or other land use ordinances. Such appeal shall be taken within twenty (20) days of the Letter of Denial by filing a notice of appeal with the Zoning Officer stating the grounds of such appeal.
Upon receipt of a notice of appeal, the Zoning Officer shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed was taken. (Ord. No. O-95-12 § 33-9.4)
a. Further Applications. If, after the receipt of a Letter of Denial, the developer wishes to pursue the proposal for development, application shall be made to the Planning Board or Zoning Board of Adjustment.
b. Direct Application. A developer may file an application for development with the Planning Board or Zoning Board of Adjustment, provided that an application made shall make mention of every type of review being sought.
(Ord. No. O-95-12 § 33-9.5)
a. Authority for Variances. The Board of Adjustment, or when it has jurisdiction pursuant to the Municipal Land Use Law, the Planning Board, shall hear and decide requests to vary from any of the requirements of this chapter,
b. Jurisdiction of Planning Board. The Planning Board may hear and act on variances pursuant to N.J.S.A. 40:55D-70(c) relating to bulk requirements of this chapter, provided that it is in conjunction with a required subdivision or site plan review.
c. Jurisdiction of Zoning Board of Adjustment. The Zoning Board of Adjustment shall hear and act on all variances, except when jurisdiction may rest with the Planning Board as prescribed by paragraph b. above. The Zoning Board of Adjustment shall hear and act on all variances pursuant to N.J.S.A. 40:55D-70(d).
d. Requirements for Variance Approval. In considering and acting upon variances the approving agency shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action shall, to the maximum extent possible, further the expressed intent of this chapter.
e. Application. All application materials shall have been submitted in complete conformance with subsection 33-11.9, Variance Submittals of Chapter 33, Planning and Development Regulations. The proposed variance shall be in complete conformance with all applicable ordinances and statutes, where not varied by the approving agency.
f. Conditions of Approval. Any approval of an application for development for a variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a development permit:
1. Payment of any outstanding real estate taxes and property improvement assessments.
2. Publication of a notice of the decision by the Planning Board Secretary or Board of Adjustment Secretary within the time established.
3. Such other conditions which may be imposed by the municipal agency or which may be required by Federal, State or local law.
4. A condition setting forth the time within which all conditions must be satisfied.
g. Expiration of Variance. Any variance granted under this section shall expire one (1) year from the date of publication of the notice of the judgment or determination of the Board of Adjustment unless construction or alteration has actually commenced on each and every structure permitted by the variance, or unless such permitted use has actually been commenced; except, however, that the running of the period of limitation shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.
(Ord. No. O-95-12 § 33-9.6)
