Eastampton Township
City Zoning Code
City Zoning Code
ARTICLE IX
Conditional Uses
§ 540-52 Conditional use requirements.
This section applies to conditional uses that are permitted in certain zoning districts where specific requirements are not set forth in a specific individual zoning district.
A.
Childcare centers. Childcare centers shall be permitted in any nonresidential district. In districts that permit a mix of residential and nonresidential uses, the childcare center shall be permitted only in the areas where nonresidential uses are permitted. Childcare centers may be permitted as conditional uses in certain residential districts. Any childcare center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq. A childcare center that is functionally integrated within a nonresidential development and is owned or operated for the benefit of employees working in the nonresidential development shall not be required to provide additional off-street parking for the nonresidential development. The following conditional use requirements shall be met by any childcare center:
(1)
Minimum lot size shall be one acre for a standalone facility, or the required minimum lot size for the zoning district in which the facility is located when it is integrated into a nonresidential development consisting of two or more nonresidential uses.
(2)
Minimum lot frontage shall be 200 feet.
(3)
Minimum front, side and rear yard setbacks shall be 50 feet.
B.
Construction yards.
(1)
Minimum lot area shall be three acres.
(2)
At least one building for offices, indoor maintenance and repair of construction equipment and vehicles, and/or storage of construction material shall be required. The required minimum gross floor area of the building shall be 1,500 square feet. The maximum gross floor area shall be 0.30.
C.
Home occupations.
(1)
A home occupation shall be carried on entirely within the principal building and shall not, under any circumstances, exceed 25% of the total gross habitable floor area of the principal building.
(2)
A home occupation shall require no exterior alterations of the principal structure that would diminish or modify its residential character.
(3)
A home occupation shall require no exterior alteration of the principal structure that would cause the structure to be at variance or further at variance with the schedule for the district in which it is located.
(5)
No display of products shall be visible from the street and adjoining parcels of land.
(6)
No sounds emanating from the home occupation use shall be audible outside the principal structure.
(7)
No equipment shall be used that will cause interference with radio and television reception in neighboring residences.
(8)
A home occupation shall permit the maximum employment of one employee who is not a permanent resident of the principal structure.
(9)
No commodity shall be sold on the premises in connection with the home occupation.
(10)
No more than two clients, customers, patients or patrons shall be permitted at any given time on the premises for business purposes of the home occupation.
(11)
Not more than five off-street parking spaces, including required residential parking, shall be permitted on the premises for the home occupation. The home occupation shall not reduce the parking or yard requirements of the principal structure. Off-street parking for the home occupation shall comply with §§ 540-61 through 540-62.1.
D.
Places of worship.
(2)
Minimum lot frontage and width:
(7)
Accessory buildings and structures shall comply with the side and rear yard setback requirements for the districts in which they are located.
(11)
Maximum principal building height shall comply with requirement of the district in which it is located. Steeples and spires are permitted to exceed the permitted maximum height by 25%.
E.
Light manufacturing.
(1)
Minimum lot area shall be three acres.
(2)
All manufacturing shall occur indoors.
(3)
Maximum gross floor area shall be 0.30.
(4)
Maximum building height shall be 35 feet and one story.
(5)
Outdoor storage of material and equipment shall be permitted provided the following requirements are met:
(a)
The outdoor storage area shall be located within a rear yard.
(b)
The outdoor storage area shall be set back a minimum of 50 feet from the rear yard.
(c)
The outdoor storage area shall be set back a minimum of 20 feet from the side yard.
(d)
The outdoor storage area shall be fully enclosed by an eight-foot-high, solid fence.
F.
Motor vehicle service stations with or without accompanying convenience store services.
(1)
Minimum lot area shall be one acre.
(2)
Minimum lot frontage shall be 200 feet.
(3)
Minimum lot width shall be 200 feet.
(4)
Minimum lot depth shall be 200 feet.
(5)
Minimum front yard setbacks:
(a)
Principal building: 50 feet.
(b)
Canopy over fuel dispensers and fuel dispenser islands: 25 feet.
(c)
Accessory building for attendants, cash register and credit card machines under canopy: 35 feet.
(d)
Accessory buildings and structures other than canopies and accessory buildings under canopies shall be prohibited in the front yard.
(e)
Fuel dispensers: 30 feet.
(6)
Minimum side yard setbacks:
(a)
Principal building: 25 feet.
(b)
Canopy over fuel dispensers and fuel dispenser islands: 25 feet.
(c)
Accessory building for attendants, cash register and credit card machines under canopy: 35 feet.
(d)
Accessory buildings and structures other than canopies and accessory buildings under canopies: 20 feet.
(e)
Fuel dispensers: 30 feet.
(7)
Minimum rear yard setbacks:
(a)
Principal building: 35 feet.
(b)
Canopy over fuel dispensers and fuel dispenser islands: 50 feet.
(c)
Accessory building for attendants, cash register and credit card machines under canopy: 60 feet.
(d)
Accessory buildings and structures other than canopies and accessory buildings under canopies: 20 feet.
(e)
Fuel dispensers: 60 feet.
(8)
Maximum lot coverages:
(a)
Principal building: 20%.
(b)
Canopy over fuel dispensers and fuel dispenser islands: 10%.
(c)
Accessory building for attendants, cash register and credit card machines under canopy: 0.25%.
(d)
Accessory buildings and structures other than canopies and accessory buildings under canopies: 2%.
(e)
Impervious surface: 65%.
(9)
Maximum building heights:
(a)
Principal building: one story/30 feet.
(b)
Canopy over fuel dispensers and dispenser islands: 20 feet.
(c)
Accessory building for attendants, cash register and credit card machines under canopy: 10 feet.
(d)
Accessory buildings and structures other than canopies and accessory buildings under canopies: 15 feet.
(10)
The areas of the site traveled by motor vehicles shall be paved according to this chapter.
(11)
Any repair of motor vehicles shall be performed in an enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
(12)
The display of accessory goods for sale shall be restricted to the fuel dispenser island and the principal building island. The outdoor display of oil cans and/or antifreeze and similar shall be displayed in a suitable stand or rack on condition that safe and sufficient passage around the fuel dispenser islands and to and from the principal building is provided.
(14)
In addition to the signs permitted under Article X of this chapter, motor vehicle service stations only may display the following special signs which are deemed customary and necessary to their respective business:
(a)
One freestanding or pylon sign setting forth the name of the station and for the principal products sold on the premises, including a special company or brand name, insignia or emblem, and the prices of the principal products, provided that such sign comply with the following requirements:
G.
H.
Public utilities. Public utility uses, such as high tension electrical transmission lines and towers, gas transmission pipeline facilities for inspection, monitoring and metering equipment, valves and related equipment, switching and relay centers for communications, and electrical substations, but no service, storage or maintenance yards, may be permitted in any zoning district, provided they comply with the following requirements:
(1)
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
(2)
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
(3)
Adequate and attractive fences and other safety devices will be provided.
(4)
A buffer strip 10 feet in width and screening are provided and will be periodically maintained as specified in § 540-64 of this chapter.
(5)
Adequate off-street parking will be provided.
(6)
All of the area, yard and building coverage requirements of the respective zone will be met.
I.
Sales and leasing of heavy construction equipment and vehicles.
(1)
Minimum lot area shall be three acres.
(2)
Maximum gross floor area shall be 0.30.
(3)
At least one building for offices, indoor maintenance and repair of construction equipment and vehicles, and/or storage of parts shall be required. The required minimum gross floor area of the building shall be 1,500 square feet.
(4)
Maximum building height shall be 35 feet and one story.
(5)
The display of no more than a combined total of five pieces of heavy construction equipment and vehicles shall be permitted in the front yard. Minimum setbacks for display areas shall comply with the following requirements:
(6)
Outdoor maintenance and repair of heavy construction equipment and vehicles that are too large to fit into the required building for maintenance and repair shall be permitted provided the following requirements are met:
J.
Satellite antennas.
(1) SATELLITE ANTENNA, SATELLITE DISH or SATELLITE EARTH STATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any apparatus which is designed for the purpose of receiving television, radio, microwave satellite or similar signals, with the exception of conventional television antennas.
(2)
Permit; required fee. No satellite earth station antenna, including its mount, shall be built, erected or modified unless a building permit is issued by the Construction Official. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee equal and equivalent to the sum of $6.00 per $1,000.00 of the value of the costs of said construction and installation of said satellite antenna, commonly known as a "satellite dish."
(3)
Conditional use. The satellite antenna is permitted in residential zones as a conditional use after the following requirements are met:
(a)
A satellite antenna is only permitted as an accessory use on a lot which contains a principal structure.
(b)
A satellite antenna is not permitted in the front yard of any structure.
(c)
A satellite antenna is permitted only on the rear roof of a structure, provided that the top of the satellite antenna does not exceed three feet from the highest part of the roof. No satellite antenna placed anywhere on a roof shall exceed a height or diameter of 8 1/2 feet. Only perforated dishes are allowed on roofs.
(d)
No lot may contain more than one satellite antenna as heretofore regulated.
(e)
No satellite antenna placed anywhere on the ground of a lot shall exceed a height or diameter of 10 feet. Satellite antennas on the ground on lots may be solid or perforated.
(f)
Satellite antennas are not permitted as accessory uses on lots containing multifamily dwellings.
(g)
No satellite antenna shall be constructed or designed and utilized for the purpose of transmitting signals.
(h)
No tower shall be utilized for the support or the erection of the satellite antenna.
(i)
No portion of the satellite antenna shall be located within 10 feet from the rear and side property lines.
(j)
The satellite antenna shall be screened from view on all sides with plantings.
(k)
The satellite antenna shall be installed securely for the purpose of withstanding wind speed and associated static wind load which is generated at any given antenna elevation angle or directional position.
K.
Self-storage facilities.
(1)
Minimum lot area shall be eight acres.
(2)
Maximum gross floor area shall be 0.20.
(3)
Maximum building height shall be 35 feet and one story.
(4)
Outdoor storage shall be restricted to vehicles limited to passenger vehicles, light-duty pickup trucks not used for businesses, boats on trailers, and recreational vehicles and trailers. Maximum outdoor storage of vehicles shall be limited to 30 10-foot by 35-foot spaces.
(5)
Required screening of all driving aisles between buildings and of outdoor storage of vehicles from public view from streets and adjoining properties shall be achieved by the following methods: buildings; eight-foot-high solid ornamental fences; eight-foot-high freestanding walls; landscaping that provides immediate 100% obstruction of views; or a combination of the foregoing methods.
L.
Standard warehouses.
(1)
Minimum lot area shall be two acres.
(2)
Maximum gross floor area of warehouse building shall be 30,000 square feet to avoid large warehouses that would be out of scale and proportion with surrounding residential neighborhoods.
(3)
Maximum gross floor area ratio shall be 0.35. In no instance shall the maximum floor area ratio be applied to permit the building gross floor area to exceed 30,000 square feet.
(4)
Maximum building height shall be 35 feet and one story to prohibit large warehouses that would be out of scale and proportion with surrounding residential neighborhoods.
(5)
Loading areas shall be located within the rear yard and shall be buffered and screened according to § 540-64.
(6)
Outdoor storage shall be prohibited.
M.
Trucking depots.
(1)
Minimum lot area shall be three acres.
(2)
Maximum gross floor area shall be 0.30.
(3)
At least one building for offices, indoor maintenance and repair of construction equipment and vehicles, and/or storage of parts shall be required. The required minimum gross floor area of the building shall be 2,500 square feet.
(4)
Maximum building height shall be 35 feet and one story.
(5)
Maximum impervious coverage shall be 50% of the lot area.
(7)
Maintenance and repair of trucks and trailers shall occur indoors.
N.
Wireless telecommunications towers and antennas. Purpose and intent. The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers on municipally owned property where appropriate or in other nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage the use of existing buildings, telecommunication towers, light or utility poles and/or towers, or water towers as opposed to construction of new telecommunication towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; ensure that all telecommunication facilities, including towers, antennas and ancillary facilities, are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; consider the public health and safety of telecommunications towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these purposes, the Township of Eastampton shall give due consideration to the municipality's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.
(1) ALTERNATIVE TOWER STRUCTURE ANCILLARY FACILITIES ANTENNA BACKHAUL NETWORK COLLOCATION FAA FCC GUYED TOWER HEIGHT LATTICE TOWER MONOPOLE PREEXISTING TOWERS and PREEXISTING ANTENNAS STEALTH DESIGN TELECOMMUNICATIONS FACILITY TELECOMMUNICATIONS OR TRANSMISSION TOWER TOWER
Definitions. As used in this section, the following terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, flagpoles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required for operation of telecommunications systems, including, but not limited to, repeaters, equipment housing, and ventilation and other mechanical equipment.
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
When two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
The Federal Aviation Administration.
The Federal Communications Commission.
A tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
The type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
Any towers or antennas for which a building permit or conditional use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.
The type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
A facility designed and used for the purpose of transmitting receiving and relaying voice and data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
The monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
(2)
Applicability.
(b)
Amateur radio station operators/receive-only antennas. This chapter shall not govern any tower or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(d)
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 distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
(e)
Public property. Antennas or towers located on property owned, leased or otherwise controlled by the governing authority shall be encouraged, provided a license or lease authorizing such antenna or tower has been approved by resolution by the governing authority. Said approved publicly owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in an accessory use under this section.
(f)
Satellite dish antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
(g)
Collocation required. The Township of Eastampton mandates that carriers collocate antennas on towers and other structures whenever possible.
[1]
The Township of Eastampton requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are standalone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
[a]
A survey of all existing structures that may be feasible sites for collocating personal wireless service facilities;
[b]
Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the county;
[c]
Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation; and
[d]
A copy of a proposed lease or affidavit of compliance with this section.
[2]
In the event that collocation is found to be not technically feasible, a written statement of the reasons for the infeasibility shall be submitted to the municipality. The municipality may retain a technical expert in the field of radio frequency (RF) engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The municipality may deny approval to an applicant that has not demonstrated a good faith effort to provide for collocation. If the applicant does intend to collocate or to permit collocation, plans and elevations, which show the ultimate appearance and operation of the personal wireless service facility at full build-out, shall be submitted.
(h)
Site plan required. Site plan approval shall be required for all new telecommunications facilities in the Township of Eastampton, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
(3)
General requirements.
(a)
Principal or accessory use.
[1]
Antennas and towers may be considered either principal or accessory uses, but only if the applicant demonstrates that said antenna or tower cannot be located on another property where an existing tower is located, known as "collocation." 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.
[2]
Antennas and towers may only be constructed and/or located or erected in the following areas of the Township: all property located in the CH Zone, the BP Zone, that portion of the R-A Zone bordered by Monmouth Road, Springfield and Westampton Township (but not within 1,000 feet of any existing road in the R-A Zone only); municipal property, but not including the Municipal Building property located at 12 Manor House Court, Eastampton, New Jersey (08060).
(b)
Lot size. For the 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 antennas or towers may be located on leased parcels within such lot.
(c)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of all existing towers, antennas, or sites approved for towers or antennas that are either within the jurisdiction of the Township of Eastampton 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 conditional use permits under this chapter or other organizations seeking to locate antennas within the jurisdiction of the Township of Eastampton; 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.
(d)
Aesthetics. Towers and antennas shall meet the following requirements:
[1]
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 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 towers and related structures into the natural setting and surrounding buildings.
[2]
If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
[3]
Lattice towers and any type of guyed tower are prohibited.
[4]
Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers.
(e)
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.
(f)
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.
(g)
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. The Township shall inspect, by January 1 of each year, the tower by a qualified, independent engineer licensed to practice in the State of New Jersey and forward the results of said independent inspection to the Township no later than January 1 of each year. The Township reserves the right to initiate its own inspection. If, upon inspection, the Township of Eastampton 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.
(h)
Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township of Eastampton irrespective of municipal and county jurisdictional boundaries.
(i)
Not essential services. 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.
(j)
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 communications system in the Township of Eastampton have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(k)
Signs. No signs shall be allowed on an antenna tower.
(l)
Multiple antenna/tower plan. The Township of Eastampton encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites.
(m)
Additional factors to consider for location of tower.
[1]
The Land Use Planning Board shall consider the following factors in determining whether to grant approval:
[a]
Proximity of the tower to residential structures and residential district boundaries;
[b]
Nature of uses on adjacent and nearby properties;
[c]
Surrounding topography;
[d]
Surrounding tree coverage and foliage;
[e]
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs, which are encouraged;
[f]
Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures;
[g]
Availability of proposed tower to other potential carriers.
[2]
This list is considered to be illustrative in nature and may not include all factors to be considered.
(4)
Permitted uses.
(a)
General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a conditional use permit.
(b)
Permitted uses. The following uses are specifically permitted: antennas, towers, or alternate tower structures located on property owned, leased, or otherwise controlled by the Township of Eastampton, provided a license or lease authorizing such antennas or towers has been approved by the Township of Eastampton.
(5)
Area, bulk and yard requirements:
(a)
Minimum front yard setback: 50 feet or the height of the structure, whichever is greater.
(b)
Minimum rear yard setback: 50 feet or the height of the structure, whichever is greater.
(c)
Minimum side yard setback: 50 feet or the height of the structure, whichever is greater.
(d)
Maximum height of tower: 130 feet.
(e)
Maximum height of accessory structures: eight feet.
(f)
Maximum square footage of accessory structures: 150 feet.
(6)
Additional requirements.
(a)
All facilities shall be suitably secured and enclosed in a fence of not less than six feet high.
(b)
Site plan approval by the Eastampton Land Use Planning Board shall be required, and the following information shall be provided:
[1]
A scaled site plan, clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning within 200 feet (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in Subsection E, adjacent roads, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the Zoning Officer to be necessary to assess compliance with this section.
[2]
Legal description of the parent tract and leased parcel (if applicable).
[3]
The setback distance between the proposed tower and the nearest residential unit or residentially zoned properties, whether platted or unplatted.
[4]
The separation distance from other towers shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
[5]
A landscape plan showing specific landscape materials. The following requirements shall govern the landscaping surrounding towers:
[a]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower from adjacent properties. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. The access road to the communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from public view. The standard buffer shall consist of a landscaped area at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double-alternating rows 10 feet on center.
[b]
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the Land Use Planning Board.
[c]
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer.
[d]
The screening shall be replaced and maintained as necessary as long as the facility is in service.
[6]
Method of fencing, finished color, if applicable, and methods of camouflage and illumination.
[7]
A description of compliance with this section and all applicable federal, state or local laws.
[8]
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
[9]
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
[10]
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.
[11]
A description of the feasible location(s) of future towers or antennas within the Township of Eastampton based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
[12]
A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas, and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the Land Use Planning Board or designee to ensure that various potential views are represented.
(c)
Abandonment or discontinuation of use.
[1]
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Municipal Clerk by certified United States Mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.
[2]
Upon abandonment or discontinuation of use, at the option of the municipality, the carrier shall physically remove the personal wireless service facility within six months from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:
[a]
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
[b]
Proper disposal of the waste materials from the site in accordance with local, county and state solid waste disposal regulations.
[c]
Restoring the location of the personal wireless service facility in accordance with this section, the municipality shall have the authority to enter the subject property and physically remove the facility. The Land Use Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the municipality must remove the facility.
[d]
If a carrier fails to remove a personal wireless service facility in accordance with this section, the municipality shall have the authority to enter the subject property and physically remove the facility. The Land Use Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event the municipality must remove the facility.
[3]
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 Township, at the sole expense of the operator.
(d)
Noise levels generated by the operation of the antenna operation at any property line shall be not more than 50 decibels.
(e)
No lighting is permitted except as follows:
[1]
Accessory structures may have security and safety lighting at the entrance, provided that the light at the entrance is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
[2]
No lighting is permitted on a communications tower except lighting that is specifically required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(f)
The tower and antennas shall be designed in accordance with the current edition of the New Jersey Uniform Construction Code.
(g)
Any generator located on the site shall be within an equipment structure. All fuel shall be contained in accordance with NJDEP requirements.
(h)
Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.
(i)
Communications towers shall not cause a disruption to or interfere with other radio, communications, or television transmissions or equipment. If such disruption or interference is found to be caused by the operation of the communications tower, the subscribers and/or lessees shall modify their equipment operations to abate the deficiencies.
(7)
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Land Use Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Land Use Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; costs exceeding new tower and structures unsuitable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system is unsuitable. Costs of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable.