Pursuant to P.L. 1975, c. 291, the Planning Board may grant conditional uses wherever herein permitted in this chapter. Application for a conditional use shall be made in accordance with the procedures set forth in Part 3 for preliminary subdivision plat approval, and the Planning Board shall act on the application in accordance with said procedures for preliminary subdivision plat approval. Application for a conditional use shall be granted unless the same will be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses provided for in this Part 9 shall be as follows.
The following shall apply to public utility buildings and facilities:
A. The minimum lot area for the zone district in which the use is located shall be met, but in no event shall said lot area be less than two acres.
B. All yard, setback and height requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility, nor shall any facility be located within 100 feet of a residential district boundary line.
C. Adequate off-street parking shall be provided. Parking areas and driveways shall meet parking setback requirements of the zone district.
D. There shall be a minimum distance between buildings of 25 feet, but no less than the height of the shorter building.
E. Fencing or screening shall be provided as required by the Planning Board.
F. Building design shall be consistent with the character of the neighborhood in which the use is to be located.
The following shall apply to public and private schools teaching academic subjects:
A. No building shall exceed the height limit of its zone district.
B. There shall be a minimum lot area as required by the zone district or two acres, whichever is larger, and a minimum street frontage of 200 feet.
C. All buildings shall be located at least 50 feet from a street, at least 50 feet from a side property line and 75 feet from a rear property line.
D. Any property so used shall front on an arterial or collector street.
E. Off-street parking shall be provided in accordance with § 102-168. All parking areas and driveways shall be located at least 10 feet from a street, property line or building.
The following shall apply to hospices:
A. No building shall exceed 35 feet in height.
B. There shall be a minimum lot area of five acres measured within 600 feet of the front street right-of-way. No lot shall contain less than one acre for each 10 resident patients, and no facility may house more than 200 resident patients.
C. All buildings shall be located at least 100 feet from a street or property line.
D. Any property so used shall front on a major street.
E. All parking areas and driveways shall be located at least 25 feet from a street or property line and at least 10 feet from a building.
F. There shall be a minimum distance between buildings of 25 feet, but not less than the height of the taller building.
G. Fencing and screening shall be provided as required by the Planning Board.
The following shall apply to hospitals:
A. No building shall exceed 60 feet in height; provided, however, that service equipment structures limited to 10 feet above said sixty-foot height limitation are permitted if said structures do not exceed a total area of 25% of the aggregate roof area of all buildings on the lot, and said structures have a setback from the wall of any building not less than one foot for every two feet of height of said structures.
B. There shall be a minimum lot area of five acres measured within 600 feet of the front street right-of-way.
C. All buildings shall be located at least 100 feet from a street or property line, but not less than two feet for every foot of building height.
D. Any property so used shall front on a major street.
E. All parking areas and driveways shall be located at least 25 feet from a street or property line and at least 10 feet from a building.
F. There shall be a minimum distance between buildings of 25 feet from a street or property line and at least 10 feet from a building.
G. Fencing or screening shall be provided as required by the Planning Board.
The following shall apply to places of worship:
A. No building shall exceed the height limit of its zone district, except that spires, belfries and similar appurtenances may extend to twice the height limit of the zone.
B. There shall be a minimum lot area of five acres, measured within 600 feet of the front street right-of-way.
C. All buildings shall be located at least 100 feet from a street or residential district property line, at least 25 feet from a side property line and 100 feet from a rear property line.
D. Any property so used shall front on a county or primary municipal road.
E. Off-street parking shall be provided in accordance with Schedule F. All parking areas and driveways shall be located at least 50 feet from a residential district property line, at least 25 feet from any other property line or from a street and at least 10 feet from a building.
F. There shall be a minimum distance between buildings of 25 feet, but not less than the height of the shorter building.
G. Fencing or screening shall be provided as required by the Planning Board.
H. Building design shall be consistent with the character of the neighborhood in which the use is to be located.
The following shall apply to public and private golf courses:
A. All outdoor activities shall be conducted only during daylight hours.
B. There shall be a minimum lot area of 25 acres.
C. All buildings shall be located at least 200 feet from a street or property line.
D. Off-street parking sufficient to meet the needs of the specific use shall be provided. Parking areas and driveways shall be located at least 25 feet from a street or property line.
E. Except for golf fairways, all sports and recreation facilities shall be located at least 50 feet from a street or property line.
F. Public address systems and the use of loudspeakers, noisemaking devices or similar devices are prohibited.
G. Fencing or screening shall be provided as required by the Planning Board.
The following shall apply to multiple principal uses in the BP Zone:
A. There shall be a minimum lot area of 50 acres; provided, however, that where alternative conditions established by § 102-136, Schedule of zoning requirements, apply, the minimum lot area shall be as required by those alternative conditions. [Amended 9-24-2001 by Ord. No. 644]
B. The property may contain more than one principal building, and individual buildings may contain more than one principal use.
C. There shall be at least one major use occupying at least 75,000 square feet of floor area, which need not all be located in the same building, except that where the largest, existing single use under alternative conditions established by § 102-136, Schedule of zoning requirements, occupies less than 75,000 square feet, the minimum floor area occupied by such major use shall be that which so existed on or prior to April 11, 2001. [Amended 9-24-2001 by Ord. No. 644]
D. No single use shall occupy less than 1,000 square feet of floor area.
E. No certificate of occupancy shall be issued unless site plan approval has been obtained pursuant to § 10234 and other applicable sections of Part 3.
[Added 12-27-2000 by Ord. No. 626]
A. Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications service within the Boonton Township area, wireless telecommunications towers, where permitted as a conditional use, shall be located in accordance with the following prioritized locations:
(1) The first priority location shall be collocation on existing wireless telecommunications towers (or existing water tanks), provided that the new installation does not increase the height by more than 10%; and
(2) The second priority location shall be on lands or structures owned by public entities; and
(3) The third priority location shall be such locations as the applicant proves are essential to provide required service to the Boonton Township area.
B. Collocation policy.
(1) An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township of Boonton. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within the Township.
(2) An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocation sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation.
(3) Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within Boonton Township and surrounding areas with coverage in the Township and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Telecommunications Act of 1996, cannot be provided without the proposed tower.
(4) Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(a) How the proposed location of the wireless telecommunications tower relates to the objective of providing full wireless communication services within the Boonton Township area at the time full service is provided by the applicant throughout the Boonton Township area;
(b) How the proposed location of the proposed wireless telecommunications tower relates to the location of any existing antennas within and near the Boonton Township area;
(c) How the proposed location of the proposed wireless telecommunications tower relates to the anticipated need for additional antennas within and near the Boonton Township area by the applicant and by other providers of wireless communications services within the Boonton Township area;
(d) How the proposed location of the proposed wireless telecommunications tower relates to the objective of collocating the antenna of many different providers of wireless communications services on the same wireless telecommunications tower; and
(e) How the applicant's plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the Boonton Township area. [Amended 12-27-2000 by Ord. No. 626]
(5) The Planning Board or Zoning Board, as is appropriate, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable costs associated with such consultation.
C. Height and setbacks. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new following requirements: [Amended 12-27-2000 by Ord. No. 626]
(1) Minimum setback of tower: a distance equal to the height of the tower.
(2) Minimum setback of any equipment compound: same as for principal buildings in the zone.
(3) Maximum tower height: not higher than as demonstrated to be essential according to a radio frequency analysis and to encourage collocation, when visually appropriate
(4) Maximum equipment building height: 12 feet.
D. Distance. Wireless telecommunications towers shall not be erected within 5,280 feet of any other existing or approved communications tower or within 1,500 feet of any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places. [Amended 12-272000 by Ord. No. 626]
E. Antenna modifications and tower certification. Wireless telecommunications towers must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Operators of wireless telecommunications towers shall provide to Boonton Township a biannual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify Boonton Township when the use of such antennas and equipment is discontinued. If the biannual report discloses that the condition of any tower presents an imminent hazard to the public health, safety and welfare, the Township Engineer shall order the owner of the tower to take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers shall be maintained to assure their continued structural integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
F. Abandonment and removal. Wireless telecommunications towers and equipment which are not operated for wireless telecommunications purposes for a continuous period of six months shall be considered abandoned and shall be removed by the facility owner at its cost. This removal shall occur within 90 days of the end of such six-month period. If such wireless telecommunications tower is not removed within said 90 days, the municipality may remove such tower at the owner's expense. If the facility is to be retained, the owner shall provide proof that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued to cover the costs of tower removal and site restoration. The amount of the bond shall have taken into consideration cost escalations.
G. Collocation required. Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated. Ordinance limitations on the number of structures on a lot shall not apply where existing wireless telecommunications towers and equipment are already located on buildings or structures already thereon. [Added 12-27-2000 by Ord. No. 626]
H.Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type tower is necessary for the collocation of additional antennas on the tower. [Amended 12-27-2000 by Ord. No. 626]
I. Fencing and other safety devices. Wireless telecommunications towers and equipment buildings and compounds shall be enclosed by a solid, wooden fence or a chain link fence at least seven feet and no more than eight feet high and shall include a locking security gate, all as approved by the Township Engineer. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning or Zoning Board as may be necessary. [Amended 12-27-2000 by Ord. No. 626]
J. Landscaping. Landscaping shall be provided along the outside of the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment buildings and compounds shall be screened in accordance with § 102-171.1. [Amended 12-27-2000 by Ord. No. 626]
K. Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
L. Color. Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Wireless telecommunications towers and antennas shall comply with the provisions of § 102-171.1 A (4). [Amended 12-27-2000 by Ord. No. 626]
M. Activity and access. To the greatest extent possible, all equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be limited to locations designated on an approved site plan. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board. [Amended 12-27-2000 by Ord. No. 626]
N. Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.
O. Lighting. No lighting is permitted except as follows:
(1) Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(2) No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded from adjacent and nearby properties. [Amended 12-27-2000 by Ord. No. 626]
P. Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local Noise Ordinance, except in emergency situations requiring the use of a backup generator.
Q. Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and wireless telecommunications towers which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunication towers and radio frequency emission standards. Applicants for wireless telecommunication towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
