Essex Fells City Zoning Code
ARTICLE XXI
Conditional Uses
§ 170-137 General standards.
The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties, and does not substantially impair the character of the surrounding area.
§ 170-138 Professional offices.
A.
Such uses shall be allowed in all residential zones in one-family detached dwellings in accordance with the following requirements:
(1)
Only the offices of a physician shall be permitted.
(2)
The minimum lot area shall be 10,000 square feet.
(3)
The physician shall reside on the premises.
(4)
A maximum of one nonresident nonprofessional employee shall be permitted.
(5)
Not more than 25% of the gross floor area of the principal building, excluding cellar and attic areas, shall be permitted to be used for the professional office.
(6)
The office shall be located in the principal building.
B.
The Planning Board shall approve a site plan of the professional office which shall include provisions for adequate parking.
§ 170-139 Supplementary apartments.
A supplementary apartment shall be permitted in any carriage house existing at the time of passage of the ordinance codified in this chapter in accordance with the following requirements:
A.
The apartment shall have living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants.
B.
The apartment shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, washbasin and bathroom tub or shower.
C.
All rooms shall be accessible from within the apartment.
D.
The apartment shall have private direct access to the outdoors or directly to a hall from which there is direct access to the outdoors.
E.
If the apartment is located on the second floor, there shall be at least two means of access to the outdoors available at all times as approved by the Construction Official.
F.
No apartment shall be located above the second floor.
G.
The net floor area of the apartment shall be at least 400 square feet but not more than 1,200 square feet, and no bedroom shall have a net floor area of less than 80 square feet.
H.
At least two off-street parking spaces shall be provided for each apartment.
I.
The owner of the principal structure shall maintain and reside in the principal structure or the apartment as his or her primary residence.
J.
Not more than one supplementary apartment shall be permitted on any lot.
K.
The lot shall meet the minimum area and dimension requirements of the zone where located.
L.
Prior to the renovation or reconstruction of a supplementary apartment, an applicant shall secure a building permit from the Construction Official. The Construction Official shall also issue a certificate of occupancy prior to the apartment's being occupied.
§ 170-140 Private recreation uses with illumination.
A.
In all residence zones, private recreation uses such as swimming pools or tennis courts proposed to have aboveground illumination on standards in excess of three feet and directed downward and whose primary purpose is to extend the hours of operation shall be considered conditional uses and approved by the Planning Board. In reviewing any application for illumination, the Planning Board shall consider:
B.
In approving the installation of lights, the Planning Board may impose reasonable restrictions, such as type of standard, fixture, illumination intensity, angle of light, hours of operation when the lights may be utilized, screening, berming, fencing and similar methods, to prevent the illumination from becoming a nuisance on adjacent property.
§ 170-141 Houses of worship.
[Amended 7-19-1994 by Ord. No. 94-630]
Houses of worship shall be permitted in all residence zones as conditional uses in accordance with the following conditions:
B.
Not more than two residential buildings for occupancy by persons and their families involved in full-time service to the house of worship as clergy or instructors.
C.
Minimum lot area to be used for a house of worship shall be 2 1/2 acres with minimum frontage of 250 feet. The area shall be computed exclusive of all easements for streets, lanes or roads.
D.
The lot shall front on and have direct access to a public state, county or municipal street or highway which is an arterial or collector street and not primarily a street serving as access to residential properties.
E.
All buildings shall be located at least 100 feet from a property line, except:
(1)
Those serving a purely residential function; and
(2)
Accessory buildings not exceeding 2,500 square feet in ground floor area. Residential buildings and accessory buildings not exceeding 2,500 square feet in ground floor area shall meet the setback requirements for residences in the zone in which they are located;
(3)
An existing house of worship which does not meet the front yard setback requirements may be extended within said front yard for a distance not exceeding 50% of the length of the present existing building wall facing the street, provided that the addition does not further encroach upon the front yard;
(4)
Where an existing house of worship has a portico attached to the front of the building and located within the required front yard setback area, said portico may be enclosed. If said portico is enclosed, a new portico, not exceeding the size and proportions of the old portico, may be added to the front of the building, provided that the new portico is located at least 40 feet from any street right-of-way. Any such new portico shall not be enclosed unless it meets the minimum front yard setback requirement.
F.
No building shall be located within 50 feet of another building.
G.
No house of worship shall exceed a height of 50 feet, except that a single ornamental tower occupying no more than 10% of the ground floor area of the building may extend to a height of not more than 100 feet. Residential buildings shall not exceed a height of 35 feet, and accessory buildings shall not exceed a height of 25 feet. Building heights shall be measured from the lowest point of the building at grade to the highest point of the building.
H.
All off-street parking which is accessory to a house of worship shall be located within 175 feet of the house of worship; provided, however, that an existing parking area which is accessory to a house of worship may extend beyond the one-hundred-seventy-five-foot distance a maximum distance of 20 feet beyond the limit of existing paving. Once so extended, said parking area shall not be further extended in the direction of the first extension or any other direction.
J.
Buildings and surfaces designated for parking or driveway shall not cover more than 70% of the lot area, said lot area to be computed exclusive of all easements for streets, lanes or roads.
K.
All parking areas and paved areas shall be located at least five feet from a building.
L.
All areas not used for building, parking and pedestrian access shall be attractively landscaped with trees, shrubs and grass lawns. Any area lying between a parking area and a property line shall be fenced and shall contain dense trees and shrubbery to minimize noise, light, dust and odor. The minimum depth of vegetative screening shall be five feet, and the minimum height at planting shall be four feet. Artificial lighting fixtures shall be maintained at minimal heights, in no event exceeding 15 feet in height when located within 100 feet of a property line. All direct sources of light shall be directed downwards away from adjoining street and properties.
M.
Any new house of worship or alteration of an existing house of worship, including addition to and alteration of off-street parking facilities, shall be subject to site plan review and approval by the Planning Board in accordance with the terms of this section.
§ 170-142 Wireless communications facilities.
[Amended 6-15-2004 by Ord. No. 2004-773; 5-17-2005 by Ord. No. 2005-789; 7-18-2006 by Ord. No. 2006-808]
A. WIRELESS COMMUNICATIONS WIRELESS COMMUNICATIONS ANTENNA WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any personal wireless services as defined in the Federal Telecommunications Act of 1996 ("FTA"), i.e., FCC-licensed commercial wireless telecommunications services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include nonwireless telephone service.
Any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined in this section. For the purposes of the ordinance codified in this section, wireless communication antennas shall not be considered to be a public utility.
A freestanding monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
B.
Overall purpose.
(1)
It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communications antennas within the Borough of Essex Fells that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and purposes of the Essex Fells Borough Master Plan and Land Development Ordinance provisions.
(2)
It is understood by the Borough of Essex Fells that the federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
(3)
However, it also is understood by the Borough of Essex Fells that the Federal Telecommunications Act of 1996 (FTA) expressly preserves the zoning authority of the Borough to regulate the placement, construction and modification of personal wireless service facilities subject to the six limitations notes at Section 332(c)(7)(B) of the FTA.
(4)
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communications services in the area.
C.
Overall objective.
(1)
The overall objective of this section is to allow the provision of wireless communications services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact upon the prevailing character of the Borough of Essex Fells and the quality of life enjoyed by its residents.
(2)
In this regard, the Borough of Essex Fells is less than 1 1/2 square miles in area (i.e., 1.41 square miles) and is almost entirety residentially developed with single-family homes. Understandably, therefore, the emphasis is on the avoidance of new development that may have substantial detrimental impacts on the existing character of the built environment, either physical or visual.
D.
Specific goals.
(1)
To minimize the total number of wireless communications towers within the Borough of Essex Fells;
(2)
To limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Essex Fells;
(3)
To safeguard the prevailing character of development throughout the Borough of Essex Fells, with particular emphasis on maintaining the prevailing character of the residential zoning districts and neighborhood areas throughout the Borough;
(4)
To discourage the construction of new towers that are not likely to be used by a number of wireless communications carriers;
(5)
To encourage the communications carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, siting, landscape screening and innovative camouflaging techniques;
(6)
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
(7)
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these ordinance provisions to provide such services quickly, effectively and efficiently; and
(8)
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
E.
Exemptions of applicability. This section shall not apply to any tower or the installation of any antenna that is under 70 feet high and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor shall it apply to any parabolic satellite antennas or nonwireless telephone services.
F.
Locations where wireless communications antennas may be located. Wireless communications antennas may be located on new wireless communications towers on lands currently substantially cleared of vegetation with an existing topographic grade at least 350 feet above sea level within those portions of either the P Municipal Park or the M Municipal Use Zoning District north of the old railroad right-of-way and west of both Runnymede Road and Buttonwood Road, provided that all related requirements of the ordinance codified in this section are met.
G.
Requirements for review and approval.
(1)
Regarding the location of wireless communications antennas on new wireless communications towers on lands currently substantially cleared of vegetation with an existing topographic grade at least 350 feet above sea level within those portions of either the P Municipal Park or the M Municipal Use Zoning Districts north of the old railroad right-of-way and west of both Runnymede and Buttonwood Roads, any such proposed tower, antennas and related equipment shall require conditional use approval in accordance with Article XXI of this chapter and preliminary plan approval and final plan approval in accordance with the provisions of Article VIII of this chapter.
(2)
The following information shall be submitted for plan approval, and the referenced Subsections H through K of this section are those that contain the specific conditions, standards and limitations for wireless communications antennas as conditional uses in the Borough of Essex Fells:
(b)
In order to be declared complete, the initially submitted application shall include an Overall Comprehensive Plan in accordance with Subsection H of this section;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the area and setback conditions set forth in Subsection I of this section;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the design conditions set forth in Subsection J of this section;
(e)
In order to be declared complete, the initially submitted application shall include the additional conditions indicated in Subsection K of this section; and
(f)
During the public hearing process, the applicant shall schedule the time for a crane or balloon test with the Secretary of the Board in order to provide the members of the Planning Board or Zoning Board of Adjustment, as the case may be, and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter a visual sight distance analysis shall be prepared by the applicant and presented to the Board, including photographic reproductions of the crane or balloon test, graphically simulating the appearance of the proposed tower, with at least three antenna arrays attached thereto and from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible.
H.
Overall Comprehensive Plan.
(1)
In order to effectuate the purposes, objectives and goals of these ordinance provisions, any applicant for approval to erect a new supporting tower for wireless communications antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within and around the Borough of Essex Fells at the time full service is provided by the applicant.
(2)
The applicant shall provide an Overall Comprehensive Plan indicating any existing gap in service and how it intends to provide full service within and around the Borough of Essex Fells. Additionally, and to the greatest extent possible, the applicant shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within and surrounding the Borough.
(3)
The Overall Comprehensive Plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
(a)
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communications services within one mile of the subject site, both within and outside of the Borough of Essex Fells;
(b)
The mapped location and written description of all existing buildings, water tanks and all other structures upon which antennas currently are attached and which are within one mile of the subject site, both within and outside of the Borough of Essex Fells;
(c)
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Essex Fells by the applicant and by other providers of wireless communications services within the Borough;
(d)
How the proposed location of the proposed antennas specifically relates to the objective of co-locating the antennas of many different providers of wireless communications services on a single supporting structure; and
(e)
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communications services within the Borough of Essex Fells while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
I.
Area and setback conditions.
(1)
The proposed tower, antennas and ancillary related electronic equipment shall be located on a land area no less than 20,000 square feet;
(2)
The minimum required twenty-thousand-square-foot land area shall either be the entirety of a separate undeveloped lot or, alternatively, shall be a leased, undeveloped portion of an existing undeveloped or developed lot, provided that, if it is a leased portion of a lot, the leased land area shall be permitted to be reduced to no less than 10,000 square feet if the following requirements have been met:
(a)
An additional vacant area of land completely surrounding the leased land area must be provided and must be deed-restricted from any land development, except for vehicular access to the leased land area and any other use(s) as may be specifically approved by the Planning Board;
(b)
The overall land area (i.e., the leased land area and the additional land area surrounding the leased land area) must total not less than 20,000 square feet of land area;
(c)
The tower shall be located at or near the center of the overall land area as specifically approved by the Planning Board; and
(d)
The wording of the deed restriction for the additional land area surrounding the leased land area shall be submitted by the applicant to the Planning Board for its review and approval as part of any review and approval by the Board of the site plan application;
(3)
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the subject land area, whether a separate lot or a leased portion of a lot; and
(4)
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the Board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within 100 feet of any street line, within 500 feet of any existing lot line of any adjacent property (unless the adjacent property and the subject property are in common ownership in which case the setback may be measured from the lot line of the adjacent property), within 500 feet of any recreational playing field and within 500 feet of any historic district or site as duly designated by the Borough of Essex Fells, the State of New Jersey and/or by the federal government.
[Amended 11-7-2006 by Ord. No. 2006-813]
J.
Design conditions.
(1)
All towers shall be a monopole design.
(2)
All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or a nonoversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Borough and the existing land uses and vegetation in the vicinity of the subject site.
(3)
The height of any proposed new tower and the antennas attached thereto shall not exceed 125 feet from the existing ground level beneath the tower.
(4)
No signage is permitted except such information signs deemed necessary for safety purposes by the Board.
(5)
Minimal off-street parking shall be permitted as needed and as specifically approved by the Board.
(6)
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (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. The applicant shall provide to the Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
(7)
Individual shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted only in accordance with the following design criteria:
(a)
Any proposed shelter enclosing required electronic equipment shall not be more than 15 feet in height nor more than 250 square feet in area, and shall be designed with a single-ridge, pitched roof with a residential or barnlike appearance, and only one such shelter shall be permitted for each provider of wireless communications services located on the site;
(b)
No electronic equipment shall interfere with any public safety communications;
(c)
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
(d)
Each building 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.
(8)
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
(b)
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building;
(c)
Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three inches at time of planting; and
(d)
All plant material shall be maintained by the operator of the wireless communications facility, and any plant material which does not survive shall be replaced by the operator, and at the sole expense of the operator, with plant material of the same size and species as originally required.
K.
Additional conditions.
(1)
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future co-located antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
(2)
A letter of intent by the applicant, in a form that is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any tower with other approved wireless communications carriers at reasonable rates that are economically viable; and
(3)
The applicant shall provide a performance bond and/or other assurances satisfactory to the Planning Board or Zoning Board of Adjustment, as the case may be, in a form approved by the Borough Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any wireless communications facility not used for its intended and approved purpose for a period of six months shall be considered "no longer operative" and shall be removed by the responsible party within 60 days thereof.
L.
Locational preferences for new towers. The following are not conditions, standards and limitations for the location of wireless communications towers, but are preferences of the Borough:
(1)
To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by the Borough of Essex Fells, the State of New Jersey and/or by the federal government;
(2)
To the greatest extent possible, no tower shall be located to be visible from any public street;
(3)
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
M.
Other requirements. All other applicable requirements of this section not contrary to the conditions, standards and limitations specified in this section shall be met, but waivers and/or variances of such other applicable requirements may be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
N.
Technical review. In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board or Zoning Board of Adjustment, as the case may be, may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary.
O.
Application for variances to the Zoning Board of Adjustment. Any application submitted to the Essex Fells Borough Zoning Board of Adjustment for a variance from any of the standards and conditions of these ordinance provisions to construct or install wireless communications antennas and/or a new wireless communications tower in a location not permitted by this section shall be required to submit all of the information required in this section for such location, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Zoning Board.