In recognition of innovations and changes in the technology of residential land development which can be beneficial to the future well-being of the township, but which benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lotby- lot basis, and also in recognition of certain uses which are necessary to serve the needs and convenience of the township, but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area, this chapter provides that such uses are declared to be conditional uses.

Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (if found appropriate) in the specific location and circumstances upon the approval of such conditional use by the Planning Board pending subdivision or site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.

In reviewing any application for a conditional use, the Planning Board shall be guided by the following principles:

A. The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected and reasonable consideration is afforded to the following:

(1) Existing and probable future character of the neighborhood;

(2) Comfort and convenience;

(3) Conservation of property values;

(4) Traffic safety, vehicular travel patterns, access pedestrian ways, and road capacities;

(5) The existing physical environment;

(6) Infrastructure, such as sewage, potable water and other utilities;

(7) Lighting;

(8) Signs;

(9) Building location(s) and orientation(s); and

(10) Landscaping and buffering.

B. For every such use the Planning Board shall make its findings supported by evidence produced at a noticed public hearing in the manner provided by law.

C. For every such use the Planning Board shall determine that the design and operation of the use shall meet the standards of this chapter and principles of good engineering, planning and design through the process of site plan review in accordance with Chapter 245, Subdivision and Site Plan Review.

A. An application for a zoning permit authorizing a conditional use shall be made to the Planning Board on forms provided by the Secretary of the Board. The application shall include an application for subdivision or site plan review.

B. The Planning Board shall schedule a public hearing on the application in accordance with the procedures for hearings as set forth in the Municipal Land Use Law, its amendments and supplements thereto.

C. The Planning Board shall grant or deny an application for a conditional use within the time provided in the Municipal Land Use Law, its amendments and supplements thereto, or within such further time as may be consented to by the applicant.

A. Adult entertainment establishments.

(1) Intent. The governing body of the Township of Pohatcong, County of Warren and State of New Jersey, has found as a fact that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics which lower the value of surrounding properties and deteriorate the neighborhood, particularly when several of them are concentrated in an area, thereby having a deleterious effect upon the surrounding properties. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.

(2) Conditional uses within this classification. Adult book stores, adult motion-picture theaters, massage parlors, tattoo parlors and cabarets are permitted, if found appropriate, as a conditional use in the I Zone.

(3) Provisions and requirements. In addition to the requirements specified in the zone, applicable requirements of the general regulations and the standards required for an approved site plan, the following requirements and standards shall be applicable:

(a) No such place of amusement, recreation or assembly shall be located within 500 feet of a residential zone, regardless of whether or not such zone is actually developed for residences, which distance shall be measured along a straight line from the nearest boundary line of the lot on which the proposed use is to be located and the nearest point of the residential zone.

(b) No such place of amusement, recreation or assembly shall be permitted as an accessory use to a permitted use unless the Planning Board shall first have issued a permit as required by this chapter.

B. Cluster residential development.

(1) Intent. The intent of this section is to permit, as a conditional use, the creation of single-family detached dwellings on smaller lots than would otherwise be permitted within certain districts for the purpose of creating open space in usable areas and quantities, preserving desirable natural features and tree cover and encouraging high quality of lot layout, planning and land design which will stabilize and enhance the character of the district of which they are a part and to preserve the health, welfare and safety of the entire community.

(2) The number of lots shall not exceed the total number of lots that could be obtained through a conventional subdivision plan under standard minimum lot size requirements. In a cluster plan, the following schedule shall apply:

(3) Subdivision approval for the cluster residential development shall be required in accordance with the provisions of the Chapter 245, Subdivision and Site Plan Review, and Chapter 224. Site Improvement Standards. of the Code of the Township of Pohatcong.

(4) Municipal sewer and water. No cluster residential development shall be approved unless municipal sewerage and public water supply are available and installation thereof guaranteed.

(5) Underground utilities. The entire project shall be designed and constructed to provide full public utility services, including municipal sewerage, water supply and stormwater drainage, as well as electric and telephone and, where desired, CATV cables, all of which utility service systems shall be installed underground, except that in cases where the Planning Board, because of soil conditions or other special physical site problems, shall determine that this requirement would be unreasonable or not feasible, the Planning Board may waive the underground installation requirement as to one or more of such utility services.

(6) Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required by Chapter 245, Subdivision and Site Plan Review, shall be provided as approved by the Planning Board of the Township of Pohatcong.

(7) Minimum number of residential lots (not including open space lots for other purposes such as stormwater management) shall be six.

(8) At least 60% of all residential lots shall adjoin common open space.

(9) Open space. There shall be dedicated irrevocably for use as common open space within the cluster residential development for the benefit of the residents of such development an area or areas shown on the site plan of the entire development and approved by the Planning Board.

(a) The total area of such common open space shall be equivalent to the difference between the total actual area of all plotted lots shown on the cluster residential development site plan and the total area which would be produced by multiplying the total number of plotted lots by the minimum lot area required in a conventional subdivision in the same zone or 20% of the gross land area of the entire cluster residential development, whichever is the greater.

(b) Usable common open space shall be provided and shall constitute at least 50% of the total common open space and shall conform to the following: There shall be at least one contiguous parcel of common open space (having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet) having a minimum area of 5% of the total land area, or three acres, whichever is greater, consisting of well-drained, reasonably level land, suitable for recreational use, at least 50% of which shall be improved for recreational purposes by the installation of facilities and/or equipment such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf courses, playfields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 75 feet of a residential property line or within 50 feet of any street.

(10) Each unit of usable common open space shall contain an area of at least one acre and shall have a reasonable access strip at least an additional 25 feet in width with frontage on a street.

(11) All areas of common open space not naturally wooded shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. However, these are not required in recreational areas where impractical to do so. The placement of the plant material shall be appropriate to enhancement of the property. Continuous maintenance shall be practiced on all such areas.

(12) All or part of such common open space may be offered for dedication to the township, but the township shall not be obligated to accept the same. All common open space not accepted by the township shall be conveyed irrevocably to a duly incorporated property owners' association, in which the owners of each lot in the cluster residential development shall be entitled to vote on the basis of lot ownership, which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same as well as any improvements thereon and supervise all activities conducted thereon, it being understood that the municipality shall have no obligation whatsoever in connection with such common open space other than normal municipal services furnished to the public in general.

(13) The deed of conveyance of such common open space to the property owners' association shall contain restrictive covenants limiting such land to the common use of the homeowners or tenants within the cluster residential development for the purposes, not inconsistent with those initially approved, which the Planning Board might subsequently approve at the request of the property owners' association. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said common open space, without first offering to dedicate the land to the municipality or another government agency.

(14) An open space organization established for the purpose of owning and maintaining common lands and facilities including conservation, open space, floodplain, recreation and park areas shall be in accordance with N.J.S.A. 40:55D-43 and the following provisions:

(a) Membership in any created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing between the organization and the individual in the form of a covenant with each member agreeing to his liability for his pro rata share of the organization's costs and provided that the municipality shall be a party beneficiary to such covenant entitled to enforce its provisions. The terms and conditions of said covenant shall be reviewed by the Municipal Attorney and the Planning Board Attorney prior to final approval.

(b) Executed deeds shall be tendered to the municipality simultaneously with the granting of final approval stating that the prescribed use(s) of the lands in the common ownership shall be absolute and not subject to reversion for possible future development.

(c) The open space organization shall be responsible for liability insurance, municipal taxes, maintenance of land and any facilities that may be erected on any land deeded to the open space organization and shall hold the township harmless from any liability.

(d) Any assessment levied by the open space organization may become a lien on the private properties in the development. The duly created open space organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Township for public purposes only.

(e) The open space organization initially created by the developer shall clearly describe in its bylaws the rights and obligation of any homeowner and tenant in the planned development, along with the covenant and -model deeds and the article of incorporation of the association prior to the granting of final approval by the township.

(f) Part of the development proposals submitted to and approved by the township shall be provisions to ensure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the bylaws that the open space organization shall have the maintenance responsibilities for all lands to which they hold title.

(15) Should the proposed development consist of stages, the Board may require that acreage proportionate in size to the stage being considered for final approval be set aside simultaneously with the granting of final approval for that particular stage, even though these lands may be located in a different section of the overall development.

C. Day-care and child-care centers.

(1) Day-care and child-care centers shall be permitted on 1 1/2 acre lots or greater. Minimum lot width shall be 200 feet. Minimum lot depth shall be 200 feet. Maximum floor area ratio shall be 0.10. All other minimum bulk requirements for the district shall apply.

(2) Day-care and child-care centers shall be located on arterial or collector streets only.

(3) Off-street parking shall be provided on site at a rate of two spaces for every five children plus one space for each employee. A dropoff area, 10 feet by 80 feet, shall also be provided. All parking and driveways shall be at least 25 feet from the street and 25 feet from the property line unless greater dimensions are specified for the zoning district. All parking shall be at least 10 feet from the principal building and outdoor play areas.

(4) A minimum of 150 square feet of outdoor play area shall be provided per child. The outdoor play space may not be divided into more than two play areas of equal size, unless distinct, designated areas are designed for separate age groups. Age appropriate play equipment should be considered if play areas are proposed to be age specific. All outdoor play areas must be contiguous with the building. At least half of each outdoor play space must be shaded with canopy trees. All outdoor play areas shall have two means of ingress and egress. One should be secured for emergency access only.

(5) Outdoor play space must be fenced with a six foot high fence. The fence shall be landscaped along the outside face as directed by the Board. All parking shall be screened from the outdoor play area with a minimum five-foot wide evergreen buffer planting. All other parking shall be buffered as § 224-14, Landscaping in parking and loading areas, of Chapter 224, Site Improvement Standards.

(6) Wading pool facilities, 18 inches deep or less, must be emptied and cleaned at least once daily. Larger pool facilities shall be considered as commercial swimming pools and shall require approval by the Department of Family and Youth Services prior to licensing.

(7) All outdoor play areas, parking and walkways shall be adequately lit.

(8) Sand shall not be used as a play surface except within a sandbox. All sandbox play areas must be securely covered when not in use.

(9) The Board must review a site plan for any permanently constructed, unmovable play equipment.

D. ECHO units.

(1) ECHO units shall be conditionally permitted as accessory structures in any residential zone. Each such unit shall consist of a single dwelling not to exceed 750 square feet in interior area, on a single level, constructed so as to be readily removable and owned or provided by a county, state or municipal agency which shall be responsible for its removal. ECHO units may be erected only upon lots on which a single-family residence is already located; may not be constructed within the front yard of any lot; shall be constructed and removed in accordance with all applicable ordinances, statutes and regulations; and shall be a conditional use requiring approval as to site plan by the Planning Board and as to all other relevant details by the Health Officer, Fire Subcode Official and Building Subcode Official.

(2) An ECHO unit shall be permitted only upon application to the Planning Board by the owner of the property upon which the principal residence unit associated with said ECHO unit is located. The ECHO permit shall be renewable annually upon application of the owner of the property after certification by the Zoning Enforcement Official of the continuing compliance by the permittee with the conditions of original issuance. Notice of application for the original permit or any renewals shall be served in accordance with the provisions of N.J.S.A. 40:55D-12.

(3) An ECHO unit shall be occupied by no more than two people who shall be related to each other by blood or marriage, at least one of whom shall be 60 years of age or older and unable to live independently and at least one of whom shall be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling associated with said ECHO unit.

(4) An ECHO unit shall not be erected on any lot unless the lot acreage be at least 15,000 square feet. ECHO units shall in no case be erected within the front yard of the lot as elsewhere defined and, when erected in the side yard or rear yard, shall conform to all provisions of the zone district in which it is located, such that the outer walls of the ECHO unit shall be the prescribed distance from side to rear lot boundaries.

(5) ECHO units shall conform to all other provisions of the Pohatcong Code as to accessory structures; may be manufactured dwelling units as elsewhere defined and regulated, provided that the width or shorter horizontal dimension of the unit shall be no less than 22 feet; shall be provided with adequate water supply and sewage disposal arrangements, which may be by means of interconnections with the facilities of the principal residence as approved by the Code Enforcement Official and the Health Officer and shall be erected upon a foundation of pressure-treated wood or equivalent material which meets applicable construction codes while allowing complete removal when the need for the unit ends.

(6) An ECHO unit shall be removed from the premises upon the death of the dependent occupant for whom permitted, unless the other occupant (if there be such) and the resident in the principal dwelling specifically request from the Planning Board a continuation of the permit, or upon a permanent change of residence of said occupant or occupants. Removal shall be completed within 90 days of such event. The site shall be restored so that no visible evidence of the unit remains.

(7) Notwithstanding any other provisions of the Pohatcong Code, a site plan for the construction of an ECHO unit shall be submitted to the Planning Board for approval prior to the issuance of any permit by any Code Enforcement Official. The approval by the Health Officer of all water and sewage disposal arrangements shall be required before the Planning Board shall act on the application.

E. Family child-care centers.

(1) Family child-care centers shall be permitted in single-family detached residential units on one acre lots or greater. All other minimum bulk requirements for single-family dwellings in the zoning district shall apply.

(2) Family child-care centers shall be located on arterial, collector or primary local street. Family child-care centers shall not be located on cul-de-sac or dead-end streets.

(3) Off-street parking shall be provided on site at a rate of one space for every three children plus one space for each employee. A dropoff area, 10 feet by 40 feet, shall also be provided. All parking and driveways shall be at least 10 feet from the street, 15 feet from the property line and 10 feet from the principal building and outdoor play area. Off-street parking provided shall be over and above standard required parking for the residential use.

(4) A minimum of 100 square feet of outdoor play area shall be provided per child. The outdoor play space may not be divided into more than two play areas of equal size, and all outdoor play areas must be contiguous with the building. At least half of each outdoor play space must be shaded with canopy trees. All outdoor play areas shall have two means of ingress and egress. One should be secured for emergency access only.

(5) At the Board's discretion, the outdoor play space must be fenced with a minimum four-foot high fence. The fence shall be landscaped among the outside face as directed by the Board. All parking shall be adequately screened with landscaping.

(6) Wading pool facilities, 18 inches deep or less, must be emptied and cleaned at least once daily. Larger pool facilities require approval by the Department of Family and Youth Services prior to licensing.

(7) For sanitary and safety reasons, no animal enclosures, i.e. dog runs, rabbit hutches, etc., shall be located directly within the outdoor play area.

(8) All outdoor play areas, parking and walkways shall be adequately lit.

(9) Sand shall not be used as a play surface except within a sandbox. AR sandbox play areas must be securely covered when not in use.

(10) The Board must review a site plan for any permanently constructed, unmovable play equipment.

F. Lot size aver-aging residential development.

(1) Where the total tract is planned so as to protect either a major agricultural area or open space area through the use of lot size averaging, and where an interior secondary local street system is part of the plan, and the housing is located in a way to minimize the negative impact of residential development on environmentally sensitive or critical lands, or agricultural operations, the maximum number of dwelling units per acre shall be in accordance with the following schedule based on an average lot size for the zoning district as noted as follows:

(2) The number of lots smaller than the minimum average lot area as set forth above shall be equal to or less than the number of lots larger than the minimum average lot area so that the overall average lot area is maintained and the density does not exceed the density average prescribed above.

G. B-3 overlay uses.

(1) The uses permitted within the B-3 Overlay District, as well as the conditions applied to those uses, shall also apply to parcels within the B-3 Zone it-, and only if, the parcels developed within the B-3 Zone are developed in conjunction with adjoining development within the B-3 Overlay District in the OR Zone.

(2) Community shopping centers and all uses permitted within the B-3 Zone shall be permitted within the OR Office Research Zone within the B-3 Overlay District as long as the following requirements are complied with:

(a) The minimum tract size shall be 40 acres.

(b) A three-hundred-foot buffer shall be required along any lot line abutting existing residential uses or zones. A fifty-foot buffer shall apply to residential uses or zones separated from the subject site by existing collector roadways. The buffer shall be measured from the ultimate right-of-way line. Furthermore, the buffer may include required building and parking setbacks.

(c) All buffers shall comply with but not be limited to the minimum screening requirements of the ordinance, except that buffers within the B-3 Overlay Zone may include detention basins and any other stormwater management facilities, as long as appropriate landscaping is provided to ensure effective visual and sound barriers. Appropriate landscaping shall include, but not be limited to, landscaped berms and visually impervious wood fences.

(d) Community shopping centers will not be permitted unless supported by a traffic impact study which demonstrates that such impacts have been mitigated in accordance with Chapter 224, Site Improvement Standards, and Chapter 199, Off-Tract Improvements.

(e) All site lighting shall be shielded to ensure little or no light spillage at the property line. Sky glow effects are prohibited. Lighting plans with corresponding photometric analysis shall be submitted and reviewed by the Board. Any development shall take into special consideration existing residential uses and zones and the potential impact of proposed lighting on those uses or zones.

(f) Except for the above noted requirements, all other standards within the B-3 Highway Business Zone shall apply within the B-3 Overlay Zone.

H. Senior citizen housing.

(1) No site shall contain less than four acres.

(2) The maximum residential density shall not exceed 25 dwelling units per gross acre.

(3) No dwelling unit shall contain more than two bedrooms.

(4) The maximum building height shall not exceed 52 feet or five stories.

(5) A minimum of 0.6 parking spaces shall be provided for each dwelling unit. Plans should also indicate potential additional parking spaces so that the total parking spaces equal a minimum of one parking space per dwelling unit, these additional spaces to be constructed only at the written request of the Planning Board after operation of the development and upon a reappraisal of the parking needs of the project. The additional parking, if requested, will be constructed at the applicant's expense and in accordance with the plans as submitted.

(6) Individual dwelling units shall meet or exceed minimum design requirements specified by the New Jersey Housing Mortgage Finance Agency or federal requirements.

(7) A land area or areas equal in aggregate to at least 250 square feet per dwelling unit shall be designated on the site plan for the recreational use of the residents of the project, except that where a project is located within 300 feet of any existing municipal park, the Planning Board may waive this requirement at the time of site plan review.

(8) Prior to any municipal approval, the following prerequisites shall have been accomplished:

(a) Verification that there are adequate utility services and support facilities for the project, including existing public transit and commercial establishments serving everyday needs, within a one-mile walking distance of the proposed site.

(b) Assurance that the occupancy of such housing will be limited to households, the single member of which, or either the husband or wife of which, or both, or any of a number of siblings or unrelated individuals of which, or a parent of children of which, is/are 62 years of age and older, or as otherwise defined by the Social Security Act, as amended, except to any resident manager and family resident on the premises.

(c) Verification of preliminary approval of the project by any state or federal agency which finances or assists the financing or operation of such housing.

(9) All other applicable requirements of this chapter must be met.

I. Service stations. Wherever permitted as conditional uses in this chapter, service stations shall conform to the following requirements:

(1) The lot or parcel of land so to be used has a street frontage of at least 150 feet and an average depth of at least 150 feet.

(2) The walls of any building are set back at least 75 feet from a residential zone boundary, at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.

(3) Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 50 feet from a street right- of-way line, at least 75 feet from a residential zone boundary and at least 10 feet from any property line.

(4) No part of any automotive service station operation or paved area shall be conducted within 50 feet of a residential zone boundary or use. A six-foot high unpierced fence shall be installed along any residential zone boundary or use.

(5) All paved areas within the property shall be at least 10 feet from a property line, 10 feet from a street right-of-way line and 50 feet from a residential zone boundary or use and bounded by concrete curbing at least six inches above the surface.

(6) Concrete curbing shall be installed in the street right-of-way in accordance with township specifications,

(7) Adequate parking for automobiles of employees and patrons shall be provided.

(8) Entrance and exit driveways shall be at least 30 feet in width. There shall be a safety zone of at least 25 feet between driveways, and driveways shall be at least 10 feet from adjoining property lines.

(9) Comer lots shall have a curb radius of at least 25 feet, and driveway entrances shall start at least 25 feet from the radius tangent points.

(10) All paved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.

(11) There shall be no outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, other than display items normally used in their daily operation,

(12) Repair work, other than incidental minor repair, shall take place within the building, and all repair or service apparatus shall be located within the building.

(13) Floor drains shall not be connected to any sanitary sewer system, and they may be connected to the storm sewer system only if an oil separator has been installed prior to the location of the connector.

(14) All storage tanks shall be installed below ground level per Department of Environmental Protection regulations.

(15) No unlicensed motor vehicle, or part thereof shall be permitted on the premises of -any service station. Moreover, no more than six motor vehicles may be located upon any service station premises outside of a closed or roofed building for a period not to exceed seven days.

J. Wireless communications towers and antennas.

(1) Purpose. The purposes of this section regulating wireless communications facilities are as follows:

(a) To create the opportunity to locate state-of-the-art wireless telecommunications facilities in areas where, in the opinion of the township, there will be no appreciable impact on the character of the community or perception of personal safety hazard or with township resident's reasonable expectation of personal safety in their homes

(b) To provide for the establishment of universal and reliable wireless communications services and service opportunities within the Township of Pohatcong and within the areas surrounding Pohatcong Township.

(c) To limit the location of such facilities to areas which are acceptable to communications companies wishing to provide services to ensure that competition is fostered among local wireless service providers.

(d) To ensure that opportunities for economic development are created.

(e) To ensure that local government benefits from services by telecommunications providers.

(f) To encourage the location of towers in specific areas within the township.

(g) To minimize the total number of towers constructed within the township.

(h) To encourage the joint use of new and existing tower sites among telecommunications providers.

(i) To minimize visual impact of towers.

(j) To enhance the ability to telecommunications providers to provide such services to the community quickly, effectively and efficiently.

(k) To exempt noncommercial amateur radio antennas and structures which attend private residences from the provisions hereof.

(2) Site plan submission and approval requirements. Any applicant proposing a wireless communications tower must file a site plan application with the Planning Board or Board of Adjustment, as applicable, and obtain site plan approval in accordance with the provisions of Chapter 224, Site Improvement Standards, of the Pohatcong Township Code. In addition to the requirements in Chapter 224, the following information must also be shown or provided:

(a) Capacity of tower. Documentation by a qualified expert regarding the capacity of the proposed tower for the number and type of antennas.

(b) Structural integrity. Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas in all anticipated wind and/or ice loading conditions and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met.

(c) Letter of intent regarding collocation. A letter of intent by the applicant, in a form acceptable to the Township Council, indicating that the applicant will share the use of any tower with other approved cellular or other wireless communications services. Additionally, the applicant shall make available to subsequent collocators any space in the applicant's existing equipment building, or if no additional space is available to address the needs of the proposed collocator, the applicant shall make available a portion of the site for construction of an additional equipment building for the use of the proposed collocator.

(d) Visual sight distance analysis. A visual sight distance analysis graphically simulating the appearance of any proposed tower and indicating the view from at least five locations around and within one mile of the proposed tower where the tower will be most visible.

(e) Overall comprehensive plan. An overall comprehensive plan indicating how the applicant intends to provide full service throughout the township and, to the greatest extent possible, how its plan to provide full service specifically relates to and is coordinated with the needs of all other providers of cellular communication services within the Township of Pohatcong. Specifically, the plan shall indicate the following:

[1] How the proposed antenna relates to the location of any existing towers within the Township of Pohatcong or within the area surrounding Pohatcong Township which is part of the communications service grid area which includes Pohatcong Township.

[2] How the proposed location relates to the anticipated need for additional antennas and supporting towers within and near the Township of Pohatcong by the applicant and by other providers of cellular communications services within the township.

[3] How proposed location relates to the objective of allocating the antennas of many different providers of cellular or other forms of wireless communication services on the same tower.

[4] How the proposed location relates to the overall objective of providing full cellular or other wireless or other forms of wireless communication services within the Township of Pohatcong while, at the same time, limiting the number of towers to the fewest possible.

[5] Documentation of attempts to find an existing tower site within or near Pohatcong Township on which to collocate its facilities with another wireless communications provider or to find other existing structures on which it is feasible, from an engineering point of view, to locate antennas.

[6] A radio frequency (RF) emissions report from a qualified expert detailing latent site emissions.

The applicant shall protect and preserve, by deed restriction which shall be subject to the approval of the Township Attorney all existing, proposed and/or required buffers, subject to reasonable construction easements to facilitate completion of all proposed improvements.

(3) Locational priorities. Wireless communications facilities shall be located in accordance priorities listed below. Prior to the township approving a new tower it shall be required that the applicant demonstrate that he has investigated all higher priority locations and document why higher priority sites can not be utilized.

(a) Priority 1. Antennas shall be placed upon existing towers or other structures on property owned, leased or otherwise controlled by the Township of Pohatcong, provided that a license or lease authorizing such antenna or tower has been approved by the township. The decision to extend such lease shall be vested solely with the township and shall be subject to the bidding requirements of the Local Public Contracts Law. 4

(b) Priority 2. Antennas or towers shall be located on property owned, leased or otherwise controlled by the Township of Pohatcong, provided that a license or lease authorizing such antenna or tower has been approved by the township. The decision to extend such lease shall be vested solely with the township and shall be subject to the bidding requirements of the Local Public Contracts Law.

(c) Priority 3. Antennas shall be placed upon existing towers or other structures located within the township.

(d) Priority 4. Antennas or towers shall be located on a new tower within the township(4) Collocation policy.

(a) Any applicant who is permitted by Pohatcong Township to construct a new wireless communications tower within the township shall be required, as a condition of approval, to provide a letter of intent regarding collocation, indicating the applicant's willingness to provide space to subsequent collocators.

(b) In order to minimize the number of wireless communications towers within the township while still achieving the wireless communications service goals of the applicant, it shall be required that the applicant, prior to the construction of a new tower or the placement of antennas on existing structures, pursue a collocation agreement with another wireless communications tower owner. If unsuccessful in securing a collocation agreement with the owner of an existing wireless communications tower, the applicant shall demonstrate, with specificity and documentary evidence, the efforts made to achieve collocation, the results of those efforts and the reasons for the applicant's inability to do so. In the event of the inability of an applicant to establish its wireless communications facilities collocated with the existing facilities of an already established wireless communications provider, the second collocation priority shall be location of the proposed wireless communications facilities on an existing electric transmission tower. The third priority shall be location of the facilities on other existing structures. Prior to the township approving a new tower, the applicant shall also be required to demonstrate the reasons for the inability to locate antennas on existing electric transmission towers or other existing structures.

(5) Bulk and use requirements.

(a) Principal or accessory use. Antennas and towers may be either principal or accessory uses on the lots where they are to be erected. Notwithstanding any other township land use regulation, an 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 the 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.

(b) Maximum height of towers. The maximum permitted height of a tower is 140 feet, except that the height may extend to 198 feet if more than one set of commercial transmitting/receiving antennas are collocated. The measured height of a tower includes the antennas and any other appurtenances.

(c) Fencing/security. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additionally, any tower supporting cellular or other wireless tower antennas and any building enclosing related electronic equipment shall be surrounded by a fence between six feet and eight feet high excluding barbed wire. The fence shall be bordered by a double-stepped row of evergreen conifer trees of least eight feet tall at the time of planting and shall be planted 10 feet on center.

(d) Equipment shelters. All electronic equipment shelter buildings or structures established in support of a new site to be devoted to be wireless communication facilities shall be limited to an area of 600 square feet. In the event that the use of the site becomes shared with a collocating wireless communications provider, there shall be permitted a maximum increase in overall area of existing electronic equipment shelter buildings of 200 square feet for each such subsequent collocating wireless communications provider. Any proposed building related to electronic equipment shall not be more than 15 feet in height and only one such building shall be permitted on the lot for each provider of communication services located on the site. Equipment buildings shall be located a minimum of 15 feet from the base of the structure and shall be appropriately landscaped to minimize visual impacts on neighboring properties.

(e) Antennas on existing structures. Equipment or antennas placed on existing structures shall extend no higher than 75 feet above the structure, shall not exceed the overall height limitations in § 285-39J(5)(b), shall not extend beyond the sides of the existing structure by more than five feet and shall not violate the setback requirements for the zone.

(f) Antennas on existing towers. Antennas may be placed on existing towers subject to the following:

[1] A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same type as the existing tower, unless the Pohatcong Township Planning, Board allows reconstruction as another type of structure.

[2] An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this chapter.

[3] The height change referred to above may only occur one time per such additional user of the tower, up to a maximum of three times per tower.

[4] A tower which is rebuilt to accommodate the collocation of an additional antenna may be moved on site within 50 feet of its existing location.

[5] After the tower is rebuilt to accommodate collocation, only one tower may remain on site.

(g) Minimum lot area. The required minimum lot area shall be two acres. The dimensions of the entire lot shall control the determination of whether the parcel meets the area requirement even though the antenna or tower may be located on leased premises consisting of less than the entire parcel. All zone district development regulations shall be complied with, including but not limited to setback requirements, lot coverage requirements, and other such requirements.

(h) Setbacks. Setbacks from all property lines shall meet the most restrictive requirements of the zone district in with the site is located or the height of the structure, whichever is greater. Where the tower site is located on a leased portion of a larger tract, the remainder of the tract shall, as a condition of site plan approval for the tower, be deed restricted to require that any buildings or structures erected on the remainder of the tract be located to maintain a minimum setback distance from the tower equal to the height of the tower.

(i) Minimum distance to existing residential and nonresidential structures. The minimum distance from a wireless communications tower to a residential structure, public or private school, or house of worship shall be 300% of the height of the tower or 600 feet, whichever is greater. The minimum distance to a nonresidential structure shall be 120% of the height of the tower.

(j) Minimum distance to another tower. The minimum distance to another wireless communications tower shall be 5,280 feet.

(6) Design standards. The site plan shall conform with the design standards in Chapter 224, Site Improvement Standards, of the Pohatcong Township Code. In addition to the requirements of Chapter 224, the following standards must also be met:

(a) Aesthetics. Towers and antennas shall, at the discretion of the Township Planning Board, meet the following requirement:

[1] Towers shall either maintain a galvanized steel finish subject to any applicable standards of the FAA or the Township Planning Board, or be painted a neutral color so as to reduce visual obtrusiveness.

[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, and shall be located behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.

[3] If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be at a neutral ratio that is identical to, or closely comparable with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

(b) Lighting. No lighting shall be permitted except as follows, which shall be subject to review and approval of the appropriate land use board as part of the site plan applications.

[1] A building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.

[2] No lighting is permitted on a tower except lighting specifically required by the FAA.

[3] Any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties.

(c) State and federal requirements. towers must meet or exceed current standards and regulations of the FAA, the FCC and any other state or federal agency with the authority to regulate such uses and, when such raised standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards 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 immediate removal of the tower or antenna at the owner's expense.

(d) Building codes. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for towers that are published by the Electronic Industries Association/Telecommunications Industries Association (EIAMA) 222 Revision F Standard, entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" as it may be updated or amended. If upon inspection, the township of Pohatcong 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 30 calendar days shall constitute grounds for the immediate removal of the tower or antenna by the owner lessee or by the township at the owner's expense.

(e) Signs. No signs shall be allowed on an antenna or tower except as may be required by the FAA or FCC or as required or permitted by the Planning Board. No signs shall be permitted on the equipment building except to display owner contacts, warnings, safety information, etc., and shall be limited to two square feet in area.

(f) Parking. Minimal off-street parking shall be permitted as needed and approved by the appropriate land use board.

(g) Interference with public safety communications. No cellular or other wireless antenna and/or its related electronic equipment shall interfere with any public safety communications.

(h) Noise. Noise emanating from the site shall not exceed the limits set forth in Chapter 191, Noise.

(i) Generators. Any generator located on site shall be enclosed within a portion of the electronic equipment building. Any fuel storage shall be done in compliance with federal and state regulations and shall be limited to fuel stored within the primary fuel tank provided by the manufacturer of the generator. No auxiliary or supplementary fuel storage shall be permitted.

Maintenance. Wireless telecommunications antennas and towers shall be maintained to assure their continued structural integrity. The owner of the tower or antenna shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

(7) Facility abandonment. Commercial wireless communications antennas and equipment, including towers, which have not been in use for commercial wireless communications purposes for a period of six months shall be removed by the property owner. This removal shall occur within 60 days of the end of such six month period. Upon removal, the site shall be cleared and restored. Any and all costs of removal shall be the sole responsibility of the property owner. In order to ensure compliance with these requirements, the owner shall provide a performance bond and/or other assurances satisfactory to the appropriate land use board and the Township Council, to cover the cost of removal of the antennas, the supporting tower, the auxiliary building enclosing related electronic equipment and any other related improvements to the land which are required to be removed. The amount of the performance guaranty shall be 120% of the estimated cost of removal and shall be subject to the approval of the Township Engineer. Failure to remove an abandoned tower or antenna shall entitle the township to remove same at the owner's expense.

K. Bed and Breakfast Inns.

(1) The performance regulations for Bed and Breakfast Inns shall conform to the requirements for retail, office and service uses of the district in which the property is located. Variances for grandfathered conditions are not required.

(2) Bed and breakfast inns shall only be permitted in conjunction with existing owner-occupied buildings.

(3) Provision shall be made for sufficient on-site parking to accommodate guests of the bed and breakfast inn plus the owner-occupants. One paved parking space shall be provided for each available guest room in addition to the parking spaces required for the dwelling use and employee.

(4) No more than one non-household member at a time shall be employed in conjunction with the bed and breakfast inn.

(5) The applicant shall demonstrate to the satisfaction of the Board that adequate water supply and sewage disposal facilities will be available to accommodate the use.

(6) Signage shall be limited to one (1) non-illuminated wall-mounted or free standing sign not to exceed four (4) square feet in area.

(7) Site lighting shall be provided as to adequately illuminate the guest parking and pedestrian circulation areas to the satisfaction of the Board.

(8) No more than six (6) guest rooms or suites shall be permitted. These rooms or suites are for the purpose of providing overnight sleeping accommodations to paying guests.

(9) Occupancy of the bed and breakfast inn shall be by advance reservation only, and no guest shall be permitted to remain longer than thirty (30) days nor more than thirty (30) days out of any period of sixty (60) successive days.

(10) No more than two (2) adults shall be permitted per guest room.

(11) Breakfast shall only be served to guests of the bed and breakfast inn and their invitees and not to the general public. No meals other that breakfast shall be provided, and no alcohol shall be sold to guests of the bed and breakfast inn.

(12) No cooking shall be permitted in guest rooms or suites.

(13) At least 300 square feet of common area including, but not limited to, parlors, dining rooms, libraries and solariums, shall be available for the exclusive use of the guests of the bed and breakfast.

(14) Smoke detectors and fire extinguishers shall be installed as recommended by the Construction Official.

**Webmasters Note: The previous subsection, K., has been added as per Ordinance No. 05-4.