Landscaping techniques.

Building orientation to the site and to other structures.

Topography.

Natural features, such as wooded areas, drainage courses, soil conditions and topographic relief.

Building design features, such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing rooflines and roof designs, altering building heights and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination.

Minimum gross lot area: two acres.

Minimum lot width: 250 feet.

Minimum lot depth: 250 feet.

Maximum coverage: 40%.

The minimum lot area shall be 40,000 square feet, and the minimum frontage shall be 200 feet.

Off-street parking shall be provided at the ratio of one off-street parking space for each eight seats in the church.

Driveways shall cross the sidewalk at right angles and shall be no more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 25 feet from the intersection of the street lines. No more than two driveways shall be permitted for each 200 feet of street frontage.

The approving authority shall determine that the site plan is appropriate to the adjacent area. It may require buffers of foliage if necessary to protect surrounding properties from the effect of light or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter.

To implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the one-hundred-year floodplain portion of a flood hazard area.

To discourage construction and regrading in flood hazard areas.

To prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass.

To prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.

Agriculture: general farming, pasture, grazing, outdoor plant nurseries, horticulture, viticulture, truck farming, forestry, sod farming and wild crop harvesting.

Industrial/commercial: yards, loading areas and parking areas.

Recreation: golf courses, improved courts and playing fields, swimming areas, boat launching ramps, picnic and camping and open space uses such as hiking trails.

Residential: lawns, gardens, parking areas and play areas.

Hotel: 250 square feet.

Motel: 250 square feet.

Hotel: 1,000 square feet.

Motel: 1,000 square feet.

One space per rental unit.

One space per each four seats of the composite gross number of eating facilities.

One space per each employee on the largest shift.

At the time and since the adoption of the Zoning Ordinance making such lot nonconforming the owner of the lot did not own any adjoining property.

The new accessory structure or building conforms to all requirements of this chapter.

Drives shall be limited to a maximum of two to any street, except that, when the frontage of a property along any one street extends 500 feet, the number of drives to that street may be based on one drive for each 250 feet of property frontage. Each drive shall be at least three parking aisles from any other drive on the same property. Each drive shall handle no more than one lane of traffic in each direction, be at least 50 feet or 1/2 the lot frontage, whichever is greater, but need not exceed 300 feet from the street line of any intersecting street and be at least 21 feet from any property line. The width of the curb cut shall be determined by the type of traffic to be handled and the limitation to the number of lanes of traffic. Driveways with widths exceeding 24 feet shall be reviewed by the approving authority, giving consideration to the width, curbing, direction of traffic flow, radii of curves and traffic lane divider. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.

Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located to permit a safe, clear sight distance measured in each direction along the roadway. Such measurements shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled way or shoulder. The following distances are recommended:

Where a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 10 feet of the point of tangent of the existing or proposed curb radius of that site.

No entrance or exit driveway shall be located on the following portions of a road:

Where two or more driveways connect a single site to any one road, a minimum clear distance of 25 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

Depending upon the intensity of their use, the following angles shall be required for driveways opening into streets:

The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize the maximum dimensions. Driveways serving low daily traffic volumes of traffic less than 25% of which is truck traffic shall be permitted to use the minimum dimensions. The maximum and minimum required dimensions for driveways shall be as follows:

Driveway surfacing and profiles.

Acceleration and deceleration lanes.

Special turn lanes. The conveyance of land for jughandles or left-turn lanes may be required by the Planning Board with the approval of the Municipal Engineer under one or more of the following conditions:

All off-street parking areas containing six or more spaces and all off-street loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas and to separate major interior driveways to separate them from the parking and loading spaces.

Curbing may also be installed within the parking or loading areas to define segments of the parking or loading areas.

Concrete wheel blocks may be located within designated parking or loading spaces.

All curbing shall be located in conjunction with an overall drainage plan.

Curbing installed at locations requiring pedestrian access over the curbing shall be designed to have ramps from the street grade to the sidewalk. The breaks shall be either opposite each aisle or no less frequent than one every 65 feet along the curb.

Each land development requiring site plan approval may be required to install curbs along the entire property frontage of a municipal road. Where such curbing is required, it shall be located and constructed in accordance with standards and specifications set forth by the Municipal Engineer.

At all intersections, the minimum curb radii shall be 30 feet. Radii beyond this minimum may be required by the Municipal Engineer.

Where a proposed driveway is to serve any land development providing 50 or more parking spaces, curbing need not be carried across the driveway opening as a depressed curb, rather it may be swept back as curb returns as in the case of a street intersection.

If the driveway serves a facility having fewer than 50 parking spaces, a depressed curb driveway shall be used. Where depressed curbs are used at driveways, the following specifications shall apply:

Dimensions and requirements for conventional and handicapped parking. Off-street parking spaces shall be nine feet by 18 feet in dimension, and the width of the aisles serving these spaces shall be as provided in the accompanying table. In any event, in parking lots containing more than 10 spaces, a minimum of one space shall be a minimum of 12 feet wide, and for parking lots with more than 20 spaces, 5% of all spaces but not more than 10 spaces shall be 12 feet wide. These wider spaces shall be located in one area and designated as parking for the handicapped. They shall be located so that access does not require wheeling or walking behind parked cars.

Off-street loading shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be paved with not less than five inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than two inches in compacted thickness, or equivalent, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1961), and amendments thereto. A minimum two-inch thick compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications, and amendments thereto.

Parking space areas and other areas likely to experience light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, or equivalent, prepared and constructed in accordance with Division 3, Section 2A of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961), and amendments thereto. At least 11/2 inches of compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications, and amendments thereto.

A minimum of one space per use shall be provided, except that, where more than one use shall be located in one building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces based on the number of square feet within the building or complex, dispersed throughout the site to best serve the individual uses and have site plan approval.

There shall be a minimum of one trash/garbage pickup location separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or residential zoning districts. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If a container used for trash/garbage collections functions is located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container(s) in no way interfere with or restrict the loading and unloading functions.

Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be less than the number required by the above schedule, provided that the applicant, as part of the site plan application, shall indicate on his site plan and shall document to the approving authority how the number of spaces to be provided will be adequate to meet the needs of the specified use proposed.

Off-street loading requirements.

Loading spaces shall be located on the same lot as the use being served and shall be located to directly serve the building for which the space is being provided.

No parking spaces shall be located in any required buffer area or in a required front yard, and no loading space shall be permitted in a required buffer area or in any front yard, except for one- and two-family dwellings. The provisions of this Subsection K(2) shall not be applicable to fuel-filling stations with or without a convenience store.

Parking spaces located to serve residential uses shall be within 150 feet of the entrance of the building and within 300 feet of commercial/industrial uses.

No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.

Off-street parking for residential shall not be located closer than 10 feet to a front lot line, nor within five feet of a side or rear line.

A set of plans, specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority in triplicate, showing articles of incorporation and trade name certificates, if any, required to be filed with the approving authority.

It is ascertained by the approving authority that the proposed use is a bona fide, nonprofit organization operated solely for the recreation and enjoyment of the members of said organization, and the approving authority may require names and addresses of all charter members.

It is ascertained by the approving authority that the proposed use in the proposed location will not adversely affect the sale and comfortable enjoyment of property rights and otherwise adversely affect the value of adjacent properties, that the design of any structures erected in connection with such use is in keeping with the general character of the district and that sufficient landscaping, including shrubs, trees and lawns, is provided to serve as a buffer between said use and the adjoining properties and in order to assure an attractive appearance for the use.

No building, structure or active recreation facility shall be located within 50 feet of the lot line of a residentially zoned lot. The maximum lot coverage shall be 50%.

The maximum membership limit of said organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion of said membership shall be made unless additional land is acquired and supplementary applications are made to the approving authority.

The membership roles shall be certified by affidavit annually on the first day of January, and an updated tally of all members, signed by the Secretary, shall be filed with the Municipal Clerk within 30 days.

Off-street parking space shall be provided at a ratio of one space for each four memberships permitted under the terms of this special permit or one space per 1,000 square feet of floor space, whichever is greater.

Protect the public health, safety and welfare by restricting signs which violate privacy or which increase the probability of accidents by distracting attention or obstructing necessary lines of sight.

Encourage signs which promote a desirable visual and esthetic environment through creative yet orderly design arrangements.

Encourage signs which aid orientation, identify activities, describe local history and character or serve other educational purposes.

Ensure the replacement of nonconforming signs with conforming signs through strict enforcement of the procedures and requirements of this section.

Application. No sign shall be erected, altered, located or relocated within the municipality except upon application and the issuance of a permit as hereinafter provided.

Issuance of permit.

Exceptions. The provisions and regulations of this section concerning permits and fees shall not apply to the following signs:

Fees. Every applicant, before being granted a permit hereunder, shall pay to the Borough of Carteret the permit fee for each such sign or other advertising structure regulated by this chapter as established in the current schedule of fees for the Borough of Carteret.

Computation of area of individual signs. The area of a sign face shall be computed by drawing a square or rectangle that will encompass the extreme limits of the writing, representation, emblem, or other display, together with the sign frame and any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed; or, by delineating the area established by reason of distinctive variation in background color or by borders, whichever is greater.

Computation of area of multifaced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back-to-back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart at any point, the sign area shall be computed by the measurement of one of the faces.

Computation of height. The height of a sign shall be computed as the distance from the base of the sign at grade to the top of the highest attached component of the sign.

Neon signs shall be permitted 1/2 the size noted above.

Freestanding signs. Freestanding signs shall comply to the following:

Wall signs.

All temporary signage, except as specifically exempted under this article, shall require a permit. Said permit shall be valid for a period not to exceed 30 days from the issuance thereof and may be renewed for a period not to exceed 60 days.

No temporary sign shall exceed an area of 12 square feet, provided that temporary signs such as banners which are permitted by permit by the Mayor and Council within the public right-of-way may exceed 12 square feet in size.

Insurance for temporary signs may be required by the Mayor and Council. Any person obtaining a permit for the erection of a temporary sign, where the Mayor and Council requires insurance, shall provide proof to the satisfaction of the Building Inspector that the person, firm or corporation actually doing the erection shall have in force a public liability insurance policy with limits of no less than $100,000 for property damage and $300,000 for bodily injury per occurrence.

Nothing contained herein shall be deemed to permit the erection or installation of any signs upon any pole or tree located on public property or within the public right-of-way within the Borough of Carteret, and their erection or installation is hereby specifically prohibited. This section shall not be deemed to prohibit temporary lawn signs or street banners as set forth elsewhere in this chapter. All seasonal signs or signs advertising bazaars, fairs, circuses, carnivals, etc., or other occasional signs shall be displayed not more than 30 days prior to no more than 10 days subsequent to the seasonal event or occurrence advertised and shall not exceed 16 square feet. Responsibility for the removal of such seasonal or occasional signs shall be that of the person, firm, corporation, organization or activity advertised.

Banners, flags and streamers which announce, or are used as part of a decorative scheme designed to draw attention to the announcement of, the opening or reopening of a business venture in commercially zoned areas. Such banners, flags and streamers shall not be put in place prior to 14 days before the first day any member of the public is permitted to enter the business facility and shall be removed within 30 days of the first day on which any member of the public is permitted to enter the business facility.

Projecting signs.

Window signs.

All other temporary signs. One temporary sign shall be permitted announcing that the property on which it is located is for sale or rent, provided that such sign shall be displayed for only so long as such property is for sale or rent. Unless such sign is attached to the principal building, it shall be no closer than 10 feet to any property line. Such sign shall not exceed six square feet in size nor more than four feet in height.

No sign shall be an illuminated sign except as provided herein.

No sign shall be illuminated externally by more than one floodlight per surface of said sign. Such lighting shall be at grade and properly directed and shielded so as not to produce glare or offensive light off the property.

Flashing signs, highly reflective glass or fluorescent paint (red or green) and illuminated tubing outlining roofs, doors, windows or wall edges of a building are prohibited.

No sign shall be artificially illuminated after 11:00 p.m. or before 7:00 a.m. unless said premises are occupied and attended.

No sign otherwise lawful under this chapter shall be prohibited because of this section.

No sign shall be placed or located or displayed upon any sidewalk or area between sidewalk and curb, nor shall they project on or over a sidewalk.

No roof sign, often known also as a "sky sign," shall be permitted.

No signs shall be erected or painted or composed of fluorescent or phosphorescent or similar material.

No sign shall be, in whole or part, moving, mobile or revolving.

No sign shall have more than four colors, inclusive of its background, frame and decorative parts. For the purposes of this chapter, black and white shall be considered colors. Notwithstanding anything herein to the contrary, in such instance where black or white shall be used in the formation of a sign as aforesaid, then in such instance either of such may be used as a fifth color.

Canopies, awnings and marquees with signage embossed upon them shall be considered to be a business sign.

No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape. No sign of any kind shall be attached to a standpipe or fire escape.

No sign or other advertising structure, as regulated by this chapter, shall be erected at the intersection of any streets in such a manner as to obstruct free and clear vision, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, cause an optical illusion or be confused with any authorized traffic sign, signal or device, or which makes use of words, phrases, symbols, or characters in such manner as to interfere with, mislead or confuse traffic.

In order to preserve the basically residential character of this community and to facilitate the improvement of its commercial and industrial areas in a safe and orderly manner, no commercial outdoor advertising signs, billboards or other signs which are not expressly and directly related to the business being conducted on the premises and which do not conform to the applicable requirements and standards set forth in other sections of this chapter shall be permitted, and all other such commercial outdoor advertising signs, billboards and other nonconforming signs are specifically prohibited. It shall be unlawful for any person to display upon any sign or other advertising structure any obscene, indecent or immoral matter.

All signs shall be constructed in accordance with the requirements of the BOCA Code. If the Zoning Officer shall find that any sign is unsafe or insecure, the Zoning Officer shall give written notice to the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. If such owner, agent or person fails to remove or alter the sign so as to comply with the standards herein set forth within 10 days after such notice, such sign or other advertising structure may be removed or altered to comply, by the Zoning Officer, at the expense of the owner, agent or person having the beneficial use of the premises upon which such sign may be erected. The Zoning Officer may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily and without notice.

A change of business name or any other item of information on an existing sign constitutes a new sign and requires a permit.

Any signs existing at the time of the passage of this chapter and which violate any provisions thereof shall be deemed a nonconforming use and may be continued, maintained and repaired upon the present premises or location; provided, however, that such sign was lawful under any prior ordinance. Any sign unlawful under any prior ordinance shall remain unlawful unless it complies with the provisions of this chapter and there is issued by the Zoning Officer a sign erection permit therefor.

Any sign which has been damaged to the extent that the cost of repairs shall exceed 50% of the current value of said sign shall be deemed as destroyed, and the owner thereof shall not be permitted to erect or restore said sign except in accordance with this chapter.

In accordance with the regulations specified in this section, one freestanding pylon sign bearing the brand, trade name or trademark of the gasoline or other products sold on the premises, not exceeding 35 square feet in area; and one sign bearing unit prices, not exceeding 15 square feet in area, shall be permitted, provided that their aggregate area shall not exceed 45 square feet. The lowest point shall not be less than six feet above the average grade elevations below. Such signs shall be set back 10 feet from all lot lines.

In addition to the pylon sign, one sign bearing the brand, trade name or trademark, not exceeding 12 square feet in area, may be affixed to the face of the building.

In the event that there is a canopy that is located over the pump island area, one sign, limited to bearing the brand, trade name or trademark of the station may be permitted per canopy side, provided that each sign does not exceed an area of 10% of the canopy face.

All awnings and canopies attached to the ground or to a building shall be thoroughly and rigidly secured and shall be repaired and maintained as necessary to keep them secure, safe and free from causing any danger or damage to persons or property.

No awning or canopy shall be erected or maintained so as to obstruct access to any fire escape, window, door, exit or standpipe, or obstruct passage by either vehicular or pedestrian traffic on any public or quasi-public right-of-way.

All canopies and awnings shall have a minimum clearance of 7.5 feet, measured from the bottom of canopy or awning, and shall not project more than 18 inches in front of the building facade.

A maximum of one awning may be placed upon the front facade of the building.

A maximum of one canopy may be placed over the principal entrance to the building, provided that no awning is placed upon the front facade of said building.

No part of any billboard advertising sign shall be located within 1,000 feet of a single-family residential district or within 650 feet of a multifamily residential district, nor within 500 feet of another billboard advertising sign, said 500 feet to be measured along the side of the roadway as the proposed billboard advertising sign.

No part of any billboard advertising sign shall be located more than 300 feet from the edge of the right-of-way of the New Jersey Turnpike or within 300 feet of an entrance or exit ramp of the New Jersey Turnpike. The spacing requirements with respect to billboards set forth in the Federal Highway Beautification Act, New Jersey N.J.A.C. 16:41C-1 et seq., as well as the New Jersey Turnpike rules and regulations set forth under New Jersey AC Chapter 19, together with Roadside Sign Control and Outdoor Advertising Act, N.J.S.A. 27:5-5 et seq., are adopted herein by reference with the provisions contained thereunder with regard to outdoor advertising billboards incorporated herein.

With respect to each sign structure, no more than two sign faces, one on each side of any sign structure (double-sided), shall be permitted; with the measurements of the billboard not to exceed 20 feet by 50 feet on one side for a total 1,000 square feet of advertising space per side or a total maximum permitted advertising space of 2,000 square feet for both spaces.

No part of any billboard advertising sign shall be higher above grade of the roadway than the maximum height of a principal structure in the zone in which the proposed sign is to be located. When adjacent to the New Jersey Turnpike, no part of the billboard shall be higher than 60 feet above the elevation of adjacent Turnpike travel lanes, exclusive of any ramp elevation.

The lighting standard for billboards shall require shielded lighting displayed directly on the face of the sign.

The specific requirements contained in N.J.A.C. 16:41C-8.7 for off-premises signs are hereby incorporated by reference and made a part hereof so that any applicant must comply with the general standards contained therein.

Any billboards that are to be constructed adjacent or contiguous to a state highway, federal highway or interstate highway shall require as a condition of final approval appropriate permits and licenses from all applicable state and federal agencies.

A change of business name or any other item of information on an existing billboard constitutes a new sign and requires a permit.

Swales may be constructed in which there need be no outlet facilities and which will impound water draining only from other landscaped areas. The water impounded in these areas will be left to evaporate and percolate, and the swales shall otherwise be seeded and maintained in lawn area.

Impoundment/detention basins along any stream that maintains a steady flow of water throughout the year may be constructed, provided that any improvements designed to provide such impoundment/detention facilities shall be designed to meet the standards of the Municipal Engineer and have the approval of the New Jersey Department of Environmental Protection and shall have the proper amount of sustained water flow downstream, proper depth of water to control vegetation and a proper design to prevent water stagnation in any part of the pond.

Change of occupancy and/or title requested required. Continued certificates of occupancy are required upon change of occupancy of all real property in the Borough. It shall be the responsibility of the Zoning Officer to receive and review applications for continued certificates of occupancy. The Zoning Officer, after his review of the application and an inspection of the premises for all violations of all codes and the following State of New Jersey requirements and a determination from the records of the Borough that the existing use is a permitted use as set forth, shall issue the continued certificate of occupancy. The Zoning Office shall require that all property fronting upon a street or roadway in a residential, commercial or industrial zone within the Borough shall have sidewalks installed by the property owner in accordance with Chapter 222 of this Code. The Borough shall charge a fee for such application as specified by ordinance.

Change of tenancy of commercial, industrial and office usages.

A structure used or intended to be used for residential purposes by not more than two households shall have a smoke-sensitive alarm device on each level of the structure. If the structure contains a fuel-burning appliance of any type, a carbon monoxide detector is also required. 1f both are required, a smoke detector and carbon monoxide detector shall be located outside each separate sleeping area in the immediate vicinity of the bedrooms, in accordance with N.J.S.A. 52:27D-192 et seq., and N.J.A.C. 5:70-2.3 et seq. Smoke detectors and carbon monoxide detectors must be located in accordance with the NFPA Standard listed in N.J.A.C. 5:70 and maintained in good working order.

Each structure shall also be equipped with at least one portable fire extinguisher in conformance with the rules and regulations promulgated by the Commissioner of Community Affairs pursuant to the Administrative Procedure Act, P.L. 1968, c.410 (N.J.S.A. 52:14B-1 et seq.).

Smoke and carbon monoxide detection devices and fire extinguishers, as required by this section, shall be in compliance with the standards of the approved rating organization and shall be capable of being maintained by the person responsible for the occupancy of the residential dwelling unit. The detectors shall consist of an assembly incorporating the detector, control equipment and the alarm-sounding device in one unit. The detectors may be battery powered or electrically connected to the main panel box with battery back-up and shall be listed in accordance with ANSI/UL 217 listed in N.J.A.C. 5:70. Two or more single-station smoke detector and carbon monoxide assemblies may be interconnected so that the activation of one causes all integral or separate audible alarms to operate. Nothing in this section shall be construed to prohibit the installation of more complex smoke or carbon monoxide detection devices. The fire extinguisher must contain an extinguishing agent that can be expelled under pressure for the purpose of suppressing or extinguishing fire, and which is (1) rated for residential use consisting of an ABC type; (2) no larger than a ten-pound rated extinguisher; and (3) mounted within 10 feet of the kitchen area, unless otherwise permitted by the enforcing agency.

New towers and antennas. All new towers or antennas in the Borough of Carteret shall be subject to these regulations, except as provided in Subsection B(2) through B(4), inclusive.

Amateur radio station operators/receive-only antennas. This section shall not govern any tower, or 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.

Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsection C(6) and C(7).

AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distance shall be measured from the outer perimeter of the towers included in the AM array. Additional towers units may be added within the perimeter of the AM array by right.

Principal or accessory use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or towers may be located in leased parcels within such lot.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Carteret or within one mile of the 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 special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Carteret; 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.

Aesthetics. Towers and antennas shall meet the following requirements:

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

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.

Building codes: safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building 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 Borough of Carteret 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 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

Measurement. For purposes of measurement, tower setbacks and separation distance shall be calculated and applied to facilities located in the Borough of Carteret irrespective of municipal and county jurisdictional boundaries.

Not essential service. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

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 Borough of Carteret have been obtained and shall file a copy of all required franchises with the Zoning Officer.

Signs. No signs shall be allowed on an antenna or tower.

Multiple antenna/tower plan. The Borough of Carteret encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.

General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.

Permitted uses. The following uses are specifically permitted: antennas, towers, or alternate tower structures located on property owned, leased, or otherwise controlled by the Borough of Carteret, provided a license or lease authorizing such antenna or tower has been approved by the Borough of Carteret.

Minimum front yard setback: 50 feet or the height of the structure, whichever is greater.

Minimum rear yard setback: 50 feet or the height of the structure, whichever is greater.

Minimum side yard setback: five feet.

Maximum height of tower: 130 feet.

Maximum height of associated structures: eight feet.

Maximum square footage of associated structures: 150 square feet.

All facilities shall be suitable and enclosed in a fence of not less than six feet high.

Site plan approval by the Carteret Planning Board shall be required, and the following information shall be provided:

In the event a communications tower is abandoned or not operated for a period of one year, the same shall be removed, at the option of the Borough, at the sole expense of the operator.

Noise levels generated by the operation of the antenna operation at any property line shall be not more than 50 decibels.

Site lighting used to illuminate a tower shall be oriented inward toward the tower to minimize spillage and glare onto adjacent properties.

The tower and antennas shall be designed in accordance with the current edition of the Building Officials and Code Administrators National Building Code.