Off-street loading shall be provided on each lot in accordance with the following requirements:
A. All off-street loading shall take place on the lot on which the principal use is located and shall not occupy the required off-street parking space.
B. For each structure containing at least fifty thousand (50,000) square feet of gross floor area, a minimum of one (1) off-street loading space shall be required for the first fifty thousand (50.000) square feet of such floor area, and one (1) additional space shall be required for each additional fifty thousand (50,000) square feet of such floor area or fraction thereof.
C. The minimum dimensions of an off-street loading space shall be fourteen (14) feet in width. sixty (60) feet in depth and sixteen (16) feet in overhead clearance
D.Truck loading facilities shall be designed so that trucks will not back in or out of a street. No curb cut will be permitted in the street where it parallels the off-street loading space
Signs shall be permitted in this District under the following conditions
A.No moving or flashing parts are allowed Neon and similarly illuminated signs are specifically prohibited
B. Not more than one (1) freestanding sign advertising the name, products and trademark, design or seal of an industry on the same parcel will be allowed, provided that they meet the following specifications
(1) All such signs shall be set back a minimum distance of twenty (20) feet from any street line and shall not be located as to interfere with the view of adjacent lots from the street.
(2) The total height of any such sign shall not exceed fifteen (15) feet.
(3) The lower edge of any such sign shall not be less than three (3) feet above ground level.
(4) The surface area of any such sign shall not exceed forty (40) square feet, except that a single sign for several uses within the district shall be encouraged, in which case the sign may not exceed twenty (20) square feet per user or eighty (80) square feet maximum, whichever is less.
(5) Size restrictions for freestanding signs shall be based upon measurements of one (1) side only. Both sides may be used.
C.Not more than two (2) attached signs advertising the name. products and trademark, design or seat of an industry on the same lot will be allowed, provided that they meet the following specifications
(1) Signs shall be part of or attached to the principal building and are limited to one (1) per facade
(2) Signs shall be permanently attached to or constructed with said building and shall not extend more than six (6) inches from the facade of the building.
(3) The height of letters on such sign shall not exceed four (4) feet.
(4) No such sign shall extend above the roof line of the building to which it is attached
(5) The total advertising space of such sign shall not exceed one hundred (100) square feet or five percent (5%) of the gross area of the facade to which it is attached, whichever is greater
D. Illumination of signs shall be in such a manner as to cause no glare or irritating light source to shine on a neighboring lot or street.
E. Signs used to warn the public against hunting, fishing or trespassing are permitted, provided that no such sign exceeds two (2) square feet in area.
F.Signs will be permitted only an the same lot on which industry referred to is located or on which the products referred to are manufactured, except as permitted in Subsection B(4).
The following regulations shall apply to all lots having a use described in § 100-21A through J of this Part 1 as a principal use
A. Landscaping. All areas not devoted to buildings or structures, parking. accessways, barriers, screening. loading or drives, streets or pedestrian walks shall be landscaped with grass, trees or shrubs
B.Screening Lots in this District which adjoin or abut another district or a street shall be permanently screened by a wall, fence, evergreen hedge or other suitable planting of a minimum height of four (4) feet when necessary to shield adjacent district or roads from parking lot illuminations, headlights, fumes, blowing papers, noise and dust, storage areas and to reduce the visual encroachment of industrial architecture, signs and activity on residential privacy and neighborhood character. There shall be no signs or advertising permitted on the facades of screening visible from adjoining residential districts
C.Floodplains A minimum of fifteen percent (15%) of all special flood hazard areas designated on the applicable Federal Insurance Administration Flood Hazard Boundary Map shall be planted with a minimum coverage of fifteen percent (15%) trees or shrubs designed to prevent erosion in the event of flooding Remaining areas within floodplains shall be planted with grass or other suitable ground cover or left in a state of natural vegetation.
In connection with any use permitted in § 100-21A through J of this Part 1.
A. Smoke: There shall be no emission of smoke which would be prohibited by Chapter IV of the New Jersey Air Pollution Control Code, promulgated pursuant to the Authority of the Air Pollution Control Act (1954), as amended (N.J.S.A. 26.2C)
B. Control of dust dirt and fly ash: Dust and dirt shall be controlled to the extent that no emission shall be made which can cause or causes any damage to human health, animals or vegetation or other forms of property or which can cause or causes any excessive soiling at any point beyond the lot on which the use creating the emission is located. There shall be no emission of fly ash which is prohibited by Chapter V of the New Jersey Air Pollution Control Code, promulgated pursuant to the authority of the Air Pollution Control Act (1954), as amended (N.J.S.A. 26 2C)
C. Odor control- There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive beyond the lot on which the use creating the emission is located. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail There is hereby established, as a guide to determining quantities of odors which are so offensive, Table III in Chapter V, of the Air Pollution Abatement. Manual for Determination of Toxic Pollutants, a publication, copyright 1951, by Manufacturing Chemists Association, Inc, Washington, DC.
D.Glare and heat- No operation shall be carried on which produces heat or glare beyond the lot line on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on streets and neighboring lots.
E.Noxious gases: No noxious, toxic or corrosive fumes or gases shall be emitted, and reference shall be made to Table I, Industrial Hygienics Standards, Maximum Allowable Concentration, in Chapter V of said Air Pollution Abatement Manual for Determination of Toxic Pollutants, as a guide in connection herewith.
F.Liquid and solid wastes- There shall be no discharge at any point of treated or untreated sewage or industrial waste or other substance into any stream, lake, reservoir or into the ground which may contaminate human or animal water supplies or otherwise endanger human health or welfare. All methods of sewage and industrial waste treatment and disposal shall be approved by the New Jersey State Department of Health. No effluent shall contain any acids, ores, dust toxic metals, corrosive or other toxic substances which may cause odors, discolor, poison or otherwise pollute streams and waterways in any way. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.
G. Noise control: At the specified points of measurement, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table 1, hereinafter set forth, in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conforms to specifications published by the American Standards Association
Table I
Maximum Permissible Sound Pressure Levels at Specified Points of Measurement for Noise Radiated Continuously From a Facility Between the Hours of 10.00 p m and 7.00 am
If the noise is not smooth and continuous and is not radiated between 10:00 p.m. and 7.00 am, one (1) or more of the corrections in Table 11, hereinafter set forth, shall be added to or subtracted from each of the decibel levels given above in Table I.
Table II
Measurements shall be made at a point fifty (50) feet distant from the source or at the lot line. whichever is closer
H.Fire and explosion hazards All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against the hazard of fire and explosion. and adequate fire-fighting and fire suppression equipment and devices furnished by the owner
I.Storage and waste disposal: No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground, with the exception of tanks or drains of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel
J.Vibration No industrial activity shall produce vibration which shall cause a displacement exceeding three-thousandths (0 003) of one (1) inch as measured at the lot line.
The following regulations shall apply to all lots having a use described in § 100-21A through J of this Part 1 as a principal use.
A. Sanitary sewer. Every sanitary sewage disposal system on each lot shall be connected to and discharge its sanitary sewage into an adequate public sewage system approved by the Township Engineer as well as the New Jersey State Department of Environmental Protection.
B. Storm sewer. Every lot shall contain a stormwater system designed to prevent stormwater runoff to adjacent lots and streets at rates greater than rates prior to construction Additional runoff may be directed to adjacent streams upon approval of runoff calculations and designs acceptable to the Township Engineer.
(1) Retention ponds may be approved by the Township Engineer, provided that such ponds shall be completely enclosed by fencing at least four (4) feet high with maximum openings of fifteen (15) square inches and not more than two (2) operable openings which are to be kept locked when not in use. Such fencing is to be screened by planting when visible from streets or adjacent residential areas.
(2) In the event that a storm sewer line shall cross a sanitary sewer line, the storm sewer line shall be above
C.Water. The owner or developer of each tract shall provide evidence of sources of adequate water which shall be submitted for approval to the Township Engineer prior to final site plan approval
Prior to using any land, or to erecting, altering or occupying any structure for any use permitted in § 100-21A through J of this Part 1, site plan approval pursuant to the Holland Township Development Regulations Ordinance (1977) shall be obtained.
A.Site plan approval shall be applied for in the manner described in the Holland Township Development Regulations Ordinance (1977) and in this Part 1.
B. Following site plan approval as above described, an industrial use permit shall be issued by the Zoning Officer, provided that all improvements required by such site plan approval have been installed or constructed and the building, structure or use is ready for occupancy.
C. Each site plan submitted shall be at a scale of one (1) inch equals ten (10), twenty (20), thirty (30), forty (40) or fifty (50) feet. All plans shall be certified by a licensed architect or engineer, with accurate lot lines certified by a New Jersey licensed land surveyor, submitted on one (1) of four (4) of the following standard sheet sizes [eight and one-half by thirteen (8 1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches, twenty-four by thirty-six (24 x 36) inches or thirty by forty-two (30 x 42) inches, and including the following data If one (1) sheet is not sufficient to contain the entire territory, the map may be divided into sections to be shown on separate sheets of equal sizes, with references on each sheet to the adjoining sheets.]. Boundaries of the lot; north arrow; data; scale'. zone district(s) in which the lots are located; existing and proposed streets and street names, existing and proposed contour lines at two-foot intervals inside the lot and within fifty (50) feet of the lot boundaries; title of plans. existing and proposed streams and easements; flood hazard areas: building coverage in square feet and percent of lot, total number of parking spaces; all dimensions needed to confirm conformity to the Zoning Ordinance, such as but not limited to buildings, lot lines, parking spaces, setbacks and yards-, a key map giving the general location of the parcel to the remainder of the municipality; and the site in relation to all remaining lands in the applicant's ownership. [Amended 4-4-84 by Ord. No. 84-2]
D. [Amended 4-4-84 by Ord. No. 84-2] Each site plan submitted to the Planning Board for approval shall have the following information shown thereon or be annexed thereto(1) Size, height, location and arrangement of all existing and proposed buildings, roads, buildings or other significant physical features within fifty (50) feet of the lot, structures and signs in accordance with the requirements of this Part 1, including an architect's rendering of each building or typical building and sign showing front, side and rear elevations and the proposed use of all structures.
(2) Proposed circulation plans, including accessways, curbs, aisles and lanes, easements, fire lanes, driveways, parking spaces, loading areas, pedestrian walks and all related facilities for the movement and storage of goods, vehicles and persons on the site in accordance with applicable requirements of this Part 1, including the location of lights, lighting standards and signs and driveways within the tract and within fifty (50) feet of the lot. Plans shall be accompanied by typical cross sections of streets, aisles, lanes and driveways which shall adhere to applicable township requirements.
(3) Existing and proposed wooded areas, buffer areas and landscaping shall be shown on a plan. The landscaping plan, including seeded and/or sodded areas, grading, retaining walls. fencing, signs, recreation areas, shrubbery, trees and buffer areas, shall be in accordance with applicable requirements of this Part 1 These plans shall show the location and type of any man-made improvement and the location, species and caliper of plant material for all planted or landscaped areas.
(4) The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of materials to be used, including any drainage easements acquired or required across adjoining properties The method of sewage and waste disposal shall be disclosed. If an on-site septic system is proposed, a septic system design conforming to applicable state, county and township standards shall be provided Proposed lighting facilities shall be included showing the direction and reflection of the lighting
(5) The proposed phasing of all of the above, including initial construction plans and proposed ultimate growth plan with anticipated completion dates for all phases.
(6) A written description of the proposed operations of the building(s), including the number of employees or members; the proposed number of shifts to be worked and the maximum number of employees on each shift; expected truck and tractor-trailer traffic, emission of noise, glare and air and water pollution; safety hazards; and anticipated expansion plans incorporated in the building design. Where the applicant cannot furnish the information required herein because of nondetermination of use, site plan approval may be conditionally granted subject to further review and approval of the applicant's final plans
E. Each site plan submitted to the Planning Board for approval shall be accompanied by an environmental impact statement which shall address the following issues and items:
(1) The anticipated impact of the proposed project on the environment in terms of traffic, population, noise, water supply, water runoff, sewage, electrical demand and aesthetics
(2) The compatibility of the proposed development with the development goals as expressed in the Township Master Plan
(3) The commitment of natural resources such as water, gas and electrical as a result of the proposed development. Signed statements from the managers of the various utilities affected must be included stipulating that the proposed development will.
(a) Have no effect on the current services supplied to the community.
(b) Result in no undue cost burden to the community for expansion of the necessary service facilities for the new construction
(4) If the proposed development requires the clearing of a forested area, the damage to select stands of native trees and the serious effect of natural wildlife in the area.
(5) All changes in natural water runoff and the ultimate disposal of the stormwaters collected within the proposed site described in detail. The environmental effects of the runoff and the location of the stormwater discharge points must be discussed to ensure that no substantial increases in flooding will occur as a result of the development.
(6) All changes in air pollution, noise levels and other environmental quality indices which may result from the Proposed development must be specifically discussed in the report.
F. Prior to the issuance of an industrial use permit, proof must be submitted to the Planning Board by the applicant that the performance standards contained in § 100-33 of this Part 1 will be complied with. If there is any reasonable doubt that the intended use will conform to any of said performance standards, the Planning Board shall request from the applicant a fee of two hundred fifty dollars ($250.) for each section in doubt, which will be used to defray the cost of a special report to the Planning Board by an expert consultant qualified to advise on conformance to the required standard, and any portion of such fee not necessary to defray such cost shall be returned to the applicant. Said report shall be made within thirty (30) days of the request and copies of it made available to the applicant.
G.The Planning Board shall review the proposal, determine whether or not the applicable standards provided by this Part 1 have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to affect compliance with this Part 1 and be satisfied that the site plan represents the most desirable alternative for development of the site in compliance with this Part 1 and. when satisfied that the site plan complies with the requirements of this Part 1, shall approve the site plan. No industrial use permit shall issue until the Planning Board has determined that the proposal, including the site plan, complies with the requirements of this Part 1.
H. [Amended 12-30-81 by Ord. No. 81-23] If, with respect to the development requiring site plan approval, water is to be supplied (either through a private, semiprivate or public system) to the site from a well or wells, the site plan submitted to the Planning Board for approval shall be accompanied by the following and approved only on compliance with the following(1) Water supply budget
(a) Preparation by the applicant and submission to and review by the Planning Board of a water supply budget based upon the following design assumptions[1] Demand for water for industrial and commercial development shall be calculated from Appendix A annexed hereto.
[2] Demand for water residential development shall be calculated from Appendix B annexed hereto.
[3] The safe sustained yield of the aquifer in which is located the well(s) providing water for the development ,hall be calculated from Appendix C annexed hereto.
(b) The above-mentioned budget shall show the total water demand served by the water supply system providing water to the proposed development, including any water demand generated by already existing development served by such water supply system. The budget shall also show that applicant owns or has obtained the right to withdraw groundwater from. or a release as to withdrawal of groundwater from, an area of land which is sufficient in acreage to provide a water supply necessary to meet the total water demand served by said water supply system and based on such supply withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of applicable acquifers calculated from Appendix C." The area of land referred to shall encompass said wells and as to each such well shall be contiguous or separated only by streets or roads.
(2) As to any use of any new well in connection with furnishing such water supply and which, according to such approved water supply budget, would require a water supply capacity exceeding twenty-five (25) gallons per minute, pump-test data shall be supplied for such well. Such data shall arise from an aquifer pump test of such well as follows:
(a) The test shall be of at least twelve (12) hours' duration and until either a steady state of drawdown is reached or a point as nearly as practicable to such state is reached.
(b) The discharge area from such test well shall be suitably distant from the pumping of observation wells.
(c) As to the pumping or test well, there shall be furnished measurement of the static water level, drawdown levels. recovery levels, discharge rate and discharge volume. as well as one (1) set of chemical samples taken during the test
(d) An observation well to the test-well, or observation wells if more than one (1) is appropriate to furnish adequate test results, shall be utilized As to such observation well(s), there shall be furnished measurement of static, drawdown and recovery water levels. Such observation well(s) shall be in hydrologic continuity with the test well and a suitable distance [approximately five-tenths (0.5) to one and five-tenths (1 5) of the depth of the test well) from it. Notification shall be given by the applicant to the Township Engineer at least forty-eight (48) hours prior to any time when it is proposed to obtain measurements from such observation well(s), and such Engineer shall be permitted, if he desires to do so, to observe the operations during which the measurements are taken.
(e) Data from the pump test shall be furnished using the techniques set forth in Appendix D annexed hereto" and on forms approved by the Planning Board
(3) Substantiation and determination by the Planning Board that the use of the proposed new or expanded well for the development will not have a significant adverse effect on other existing water supplies. A depletion of more than fifty percent (50%) of the original available drawdown (as revealed by original well completion test data or other such source) of such existing wells arising during the operation of the proposed new or expanded well shall be deemed a significant adverse effect as referred to above.
(4) A description disclosing the identity of the owner and the location of the involved well, and a description of the involved pumping apparatus and distribution system
(5) Use of wells
(a) As to any development involving the use of a well or wells in connection with furnishing such water supply and which, according to such approved water supply budget, would require a capacity of such water supply in excess of twenty-five (25) gallons per minute, the applicant shall be permitted, upon submission of pump-test data for the involved well(s) as is required above, as well as any additional data which may reasonably be required by the Planning Board, to attempt to establish to the satisfaction of the Planning Board that
[1] With the water supply system involved withdrawing groundwater by such wells at a rate not exceeding the safe sustained yield of the applicable aquifer (such yield being an amount which will not, considering climatic abnormalities such as drought, on a sustained basis exceed the available groundwater recharge of the aquifer).
[2] In the particular instance involved, a smaller area of land than that which would be required by a calculation made according to Subsection H(1) above is sufficient to provide a water supply necessary to meet the total water supply demand served by said water supply system.
(b) The Planning Board may consider in reaching its decision competent evidence supplied by any consultant retained by the Board, as well as such evidence supplied by the applicant and other interested parties The Planning Board shall approve such smaller land area only if the validity of using such smaller land area, rather than that required by a calculation under Subsection H(1), is established by a preponderance of the substantial credible evidence.
I.If, with respect to the development requiring site plan approval, water is to be supplied to the site from a well which is an already existing well serving as a water supply for a public water supply system, the site plan submitted to the Planning Board or Board of Adjustment, as the case may be, for approval shall be accompanied by a description identifying the owner and location of the water supply system, the location of the existing distribution point to which the proposed development would be connected and documentary proof that the water supply facility has available excess capacity in terms of its allowable diversion and equipment to supply the proposed development and is willing to do so. [Amended 12-30-1981 by Ord. No. 81-23]
**Webmasters Note: Section 100-36 has been added as per Ord. No. 2001-6.
A. Purpose.
(1) The purpose of this section is to establish general guidelines and regulating for the siting of wireless communications towers and antennas. The goals of this section are to
(a) Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b) Encourage the location of towers in nonresidential areas.
(c) Minimize the total number of towers throughout the cominunity.
(d) Strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(e) Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(f) 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.
(g) Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(h) Consider the public health and safety of communication towers.
(i) Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(2) In furtherance of these goals, the Township shall give due consideration to the Township's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas, in approving sites for the location of towers and antennas. This section further seeks to comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. §322(c)(7), which preserves local government authority to manage, with respect to cellular and other wireless telecommunications services, to the New Jersey Supreme Court, in Smart SMR of New York, Inc. v. Borough of Fair Law Board of Adjustment, 152 N. J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
B. Definitions. As used in this Section 100-36, the following terms shall have the meanings set forth below:
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 communications signals.
APPROVING AUTHORITY - The Planning Board with respect to conditional use permits, Zoning Board of Adjustment with respect to variance requests pursuant to N.J.S.A. 40:55D-70d(l) and (3), or the Zoning Officer for permitted uses with respect to this section and applicable Township Code provisions, as well as applicable state and federal law.
BACKHAUL NETWORK - The lines that connect a provider's tower/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 or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS - Any tower or antenna for which a construction permit or other permit has been properly issued prior to the effective date of this section including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use pursuant to the Township Code on property owned, leased or otherwise controlled by the Township of Holland.
STEALTH TOWER STRUCTURE - Man-made trees, clock towers, bell steeples, light poles and similar altemative-design mounting structures that camouflage or conceal the presence of antennas or towers.
TOWER - Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers or monopole towers. Guyed towers are not permitted within the Township. The term 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.
C. Applicability.
(1) New towers and antennas. All new towers or antennas in the Township shall be subject to these regulations, except as provided in Subsection C
(2) through (4), inclusive.
(2) Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3) Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of Subsection D (6) and (7), absent any enlargement or structural modification or the addition of any structures.
(4) Satellite dish antennas. This section shall not govern any parabolic satellite antennas.
D. General requirements.
(1) Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other provision of this Chapter 100, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute that sole use of the lot, the tower shall be deemed to be the principal use. If a tower and its appurtenant structures are not the sole use of the lot, the tower shall be deemed an accessory use.
(2) Lot size. For purposes 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.
(3) Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of its existing towers, antennas or sites approved for towers or antennas that are either within the jurisdiction of the Township or within 12 miles of any border thereof, including specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township; provided, however, that the Zoning Officer is not by sharing such information in any way representing or warranting that such sites are available or suitable.
(4) Aesthetics. Towers and antennas shall meet the following requirements:
(a) Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Township, be painted a neutral color so as to reduce visual obtrusiveness.
(b) 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 and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view without blocking the transmission signals. The foregoing may include, but shall not necessarily be limited to, stealth measures such as special paint treatment, concealment through such architectural means as a bell tower, steeple, etc., or the use or camouflage through simulated foliage so as to appear as a tree.
(c) 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.
(5) Lighting. Towers shall not be artificially lit, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views, while still complying with both FAA and FCC standards and regulations.
(6) 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 section 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.
(7) Construction 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 applicable state or local construction codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the 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 calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 3 0 calendar days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8) Not essential services or inherently beneficial uses. Towers and antennas shall be regulated and permitted pursuant to this Section and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
(9) 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 have been obtained and shall filed a copy of all required franchises with the Zoning Officer.
(10) Public notice. For purposes of this section, any conditional use or variance request shall require public notice to all abutting property owners and all property owners of properties that are located within the corresponding separation distance listed in Subsection F(6), Table 1, in addition to any notice otherwise required by the Township Code or other applicable state or federal law.
(11) Signs. No sips shall be allowed on an antenna or tower.
(12) Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(13) Multiple antenna/tower plan. The Township encourages the users of towers and antennas to co-locate antennas where technically, practically and economically feasible. Applications for approval of co-location sites shall be given priority in the review process.
E. Permitted uses.
(1) General. The uses listed in this subsection are deemed to be permitted uses and shall not require a conditional use permit or variance application.
(2) Permitted uses. The following uses are specifically permitted:
(a) Antennas or towers located on property owned, leased or otherwise controlled by the Township, provided that a license or lease authorizing such antenna or tower has been approved by the Township. However, the Township may, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Township, shall not be governed by this section and shall be subject to the bidding requirements of the Local Lands and Buildings Law. The Township, in its absolute discretion, reserves the express right to deny all use of its property for antennas or towers. Preexisting towers and antennas are exempt from the application of this subsection.
(b) Any antenna which is not attached to a tower pursuant to Subsection E (2) (a) may be attached to any existing business, industrial, office or institutional structure, or electricity transmission line tower, located in the IND Zone, or to any agricultural structure or electricity transmission line tower in the R-5 Zone, provided that:
[1] The antenna does not exceed I 0 feet more than the maximum building height for the zone wherein the structure is located or the height of the existing structure to which the antenna is attached, whichever is higher; except that in the case of an antenna attached to an electricity transmission line tower the antenna does not exceed 15 feet more than the height of such tower.
[2] The antenna complies with all applicable FCC and FAA regulations.
[3] The antenna complies with all applicable building codes.
[4] The antenna complies with Subsection F(2)(f), including designs, materials and placement of reinforced plastic panels.
**Webmasters Note: The previous subsection E.(2)(b) has been amended as per Ord. No. 2001-8.
(1) List of conditional uses. The following uses may be approved by the applicable approving authority as conditional uses:
(a) Antennas on existing towers consistent with the terms of Subsections F(1)(a) and (b) below:
An antenna may be attached to an existing tower in the IND and R-5 Zones and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided that such collocation is accomplished in a manner consistent with the following:
[a] A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the approving authority specifically allows reconstruction as a monopole.
[b] Height.
[i] An existing tower may be modified or rebuilt to a taller height not to exceed the maximum tower height established by this section.
[ii] The height change referred to in Subsection F(l)(a)(1)[b][i] may only occur one time per each additional user of the tower in question, up to a maximum of three times per tower.
[iii] The additional height referred to in Subsection F(t)(a)[1][b][i] shall not require an additional distance separation as set forth in Subsection F. The tower's premodification height shall be used to calculate such distance separations.
[c] On-site location.
[i] A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.
[ii] After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
[iii] A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to Subsection F. The relocation of a tower hereunder shall in no way be deemed to cause a violation of Subsection F.
(b) New towers.
[1] New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and state law, applicants for a conditional use permit or a variance for a tower shall submit the following information to the approving authority:
[a] A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection F, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
[b] A legal description of the entire tract and leased parcel (if applicable).
[c] The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned properties.
[dl The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection D(3) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[e] A landscape plan showing specific landscape materials, including species type, size, spacing and existing vegetation to be removed or retained.
[f] Method of fencing and finished color and, if applicable, the method of camouflage.
[g] A description of compliance with Subsection D(3) through (7), (9), (10), (12) and (1 3) and all applicable federal, state or local laws.
[h] A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[i] Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.
[j] A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[k] A description of the feasible locations of future towers or antennas for the applicant within the Township, based upon existing physical, engineering, technological or geographical limitations in the event that the proposed tower is erected.
[l] A visual study depicting where, within a one-mile radius, any portion of the proposed tower could be seen.
[m] A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the Hunterdon County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
[n] Documentary evidence regarding the need for the tower, which information shall identify the existing coverage areas to demonstrate the need for the new tower at a particular location within the Township. The evidence shall include a radio frequency engineering analysis of the search area for the tower.
(2) Factors considered in granting conditional use permits or variances for towers. In addition to any standards for consideration of conditional use permit applications pursuant to any other provisions of this Chapter, the approving authority shall consider the following factors in determining whether to grant a variance or to issue a conditional use permit:
(b) Proximity of the tower to residential structures and residential district boundaries.
(c) Nature of uses on adjacent and nearby properties.
(d) Surrounding topography within a radius of five miles
(e) Surrounding tree coverage and foliage within a radius of five miles.
(f) Design of the tower, with particular reference to design, characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(g) Proposed ingress and egress.
(h) Availability of suitable existing towers, other structures or alternative technologies not requiring the use of towers or structures as discussed in Subsection F(4) of this section.
(i) Availability of proposed tower to other potential users.
All relevant criteria set forth by the New Jersey Supreme Court in Smart SMR of New York, Inc., v. Borough of Fair Lawn Board of Adjustment, 152 N.J. 309 (1998), including whether the proposed tower is particularly suited for the proposed site.
(3) Applicant to demonstrate efforts to site new antennas; priority schedule.
(a) The applicant shall demonstrate efforts to site new wireless antennas, equipment or towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the -wireless provider and the property owner:
Priority Zone
1 Municipally owned property
2 Antennas on existing structures in the IND Zone
3 Towers in the IND Zone
4 Antennas on existing structures in the R-5 Zone
5 Towers in the R-5 Zones
(b) For applications for sites in priority area 5 in §100-36 F(3)(a) above, the applicant shall, in addition to the demonstrations required in § 1 00-3 6 F(3)(a), submit a statement setting forth that the applicant examined at least two sites other than the site that is the subject of the application and the reasons said sites were not acceptable to the applicant.
(4) 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 approving authority 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 approving authority related to the availability of suitable existing towers, stealth tower structures, 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:
(a) No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(b) Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c) Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.
(d) 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.
(e) The fees, costs or contractual provisions required by the owner in order to share all 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.
(f) The applicant demonstrates that there a-re other limiting factors that render existing towers and structures unsuitable.
(g) 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 lowpowered 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.
(5) Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:
(a) Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.
(b) Accessory buildings must satisfy the minimum zoning district setback requirements.
(c) No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.
(6) Separation. The following separation requirements shall apply to all towers and antennas for which a variance or conditional use permit is required:
[1] 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.
[2] Separation requirements for towers shall comply with the minimum standards established in Table 1.
TABLE 1Off-Site Use/Designated Area Separation Distance
Raw of tower to:
(b) 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 Separation Distances Between Towers-Types
(7) Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anticlimbing measures.
(8) Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences. The standard buffer shall consist of a landscaped strip at least I 0 feet wide outside the perimeter of the compound.
(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
(c) Existing mature tree growth and natural land forms on the site shall be preserved, to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(a) For single user, up to 100 feet in height.
(b) For two users, up to 120 feet in height.
(c) For three or more users, up to 150 feet in height.
(10) Lot size. In addition to the requirements of Subsection D(2), the minimum lot size for any new tower shall be as required by the zoning district in which located.
(11) General, requirements. The following provisions shall govern the issuance of conditional use permits or variances for towers or antennas by the approving authority:
(a) If the tower or antenna is not a permitted use under Subsection E of this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
(b) Applications for variances and conditional use permits under this subsection shall be subject to the procedures and requirements of Part 2 of this Chapter 100, except as modified in this section, or any other applicable Township code, state and/or federal law.
(c) In granting a conditional use permit or variance, the approving authority may impose conditions to the extent that the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
(d) Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
(e) An applicant for a variance or conditional use permit shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as follows:
(f) Locating a tower or antenna, including the placement of additional buildings or other supporting equipment used in connection with said tower or antenna, is permitted as conditional use only in the IND and R-5 Zones.
(g) No towers or antennas shall be permitted as conditional uses in -residential or public use zone districts unless located upon property owned by the Township and subject to the provisions of Subsection E(2).
(h) The application fee and escrows shall be paid as required herein.
G. Buildings or other equipment storage.
(1) Antennas mounted on structures or rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a) The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 1 0 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure.
(b) If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 1 0% of the roof area.
(c) Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2) For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than IO feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.
(3) Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.
H. Removal of abandoned antennas and towers. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 calendar days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 calendar days shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer, for such construction as required under all applicable Township ordinances.
I. Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having to meet the separation requirements specified in Subsection E. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection H.
