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Kearny City Zoning Code

§ 38-6.6

Conditional Uses.

[Ord. No. 10-14-87 § 138-6.300; Ord. No. 1999-O-2 §§ 26 — 28, 39; Ord. No. 2002-O-78; Ord. No. 2003-(O)-23; Ord. No. 2004-(O)-64; Ord. No. 2007-(O)-06 § 1; Ord. No. 2007-(O)-17 § 1; Ord. No. 2008-(O)-04 § 1; Ord. No. 2008-(O)-14 § 2]
a. 
Conditional uses as enumerated in Schedule I shall be permitted only upon authorization by the approving authority, provided that such uses shall be found by the approving authority to comply with the following requirements as set forth in this chapter.
1. 
That the use is a conditional use as set forth in Schedule I[1] thereof.
[1]
Editor's Note: Schedule I, referred to herein, may be found as an attachment to this chapter.
2. 
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.
3. 
That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
4. 
That the use will be compatible with adjoining development and the proposed character of the zone district where it is to be located.
5. 
That adequate landscaping and screening are provided as required by Town Ordinance.
6. 
That adequate off-street parking and loading are provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets.
7. 
That the use conforms with all applicable regulations governing the district where located.
b. 
Animal Hospitals and Kennels. Animal hospitals and kennels shall be located no closer than 50 feet to any residential zone line. Such facilities shall be maintained in an enclosed structure and shall be of soundproof construction and so operated as to produce no objectionable odors at the zone lot boundary line. Open kennels, exercise pens or runways shall not be located closer than 100 feet to any property line and shall be subject to noise and odor controls.
c. 
Automobile Washing Establishments. All automobile washing establishments shall comply with the following requirements:
1. 
Minimum Area Requirements:
(a) 
Minimum lot area 30,000 square feet.
(b) 
Minimum lot width 100 feet.
2. 
Minimum Yard Requirements:
(a) 
Front yard 40 feet.
(b) 
Side yards.
(1) 
(a) One 30 feet.
(2) 
(b) Both 60 feet.
(c) 
Rear yard 60 feet.
3. 
Maximum Bulk Requirements:
(a) 
Maximum building height 30 feet.
(b) 
Maximum lot coverage 40 feet.
(c) 
Maximum improved lot coverage 85 feet.
4. 
Location. Such establishments shall not be located closer than 100 feet to any residential zone boundary line, school, hospital, nursing home or other similar institutional or public use.
5. 
Off-Street Parking. Such establishments shall provide a reservoir parking area equal in number to seven times the maximum capacity of the laundry for automobiles awaiting entrance to the premises and 1 1/2 times the maximum capacity of the laundry for automobiles beyond the exit end of the equipment so situated as to be usable for hand-finishing of the washing process and which shall be no closer than 20 feet to any street right-of-way line. "Maximum capacity" in this instance shall mean the greatest possible number of automobiles undergoing some phase of laundering at the same time, which shall be determined by dividing the equipment line by 20 feet.
6. 
Landscaping. Such establishments shall comply in all respects with the landscaping and buffer zone requirements for side and rear yards as established in subsection 38-5.10.
d. 
(Reserved)
e. 
Clubs, Lodges, Social and Community Center Buildings.
1. 
All buildings shall be a minimum of 10 feet from any side property line and shall meet all other setback requirements of the district in which it is located.
2. 
Retail sales may be included for members and their guests only.
3. 
On-site parking shall be provided in the amount of at least one space for each three persons based on the maximum occupancy permitted by the Uniform Construction Code in the largest assembly area.
f. 
Essential Services.
1. 
Enclosed or Permanent Structures.
(a) 
Public utility services. Such uses shall include electric substations, transformers, switches and auxiliary apparatus serving a distribution area, and water pumping station in R Districts and shall be subject to the following regulations:
(1) 
Such facility shall not be located on a residential street, unless no other site is available, and be so located as to draw a minimum of vehicular traffic to and through such street.
(2) 
The location, design and operation of such facility may not adversely affect the character of the surrounding residential area.
(3) 
Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with subsection 38-5.10.
2. 
Open Uses and Structures.
(a) 
Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead electrical, gas, water transmission of distribution systems or collection, communication supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health, health or general welfare, but not including buildings. Open essential services shall not include any human or animal fecal matter or material.
(b) 
Landscaping requirements established in subsection 38-5.8 shall be adhered to.
g. 
Mixed Residential Uses.
1. 
The commercial use shall be in combination with dwellings for one or two families or in combination with multiple-family dwellings for not more than 12 families.
2. 
The residential uses shall front upon an existing street or have direct access to the street uninterrupted by structures or off-street parking areas.
3. 
Business uses shall be limited to the following:
(a) 
Retail stores where goods are sold or services rendered and where nothing is fabricated, manufactured, converted or altered except for such retail trade.
(b) 
Financial institutions.
(c) 
A central telephone exchange and accessory business uses.
(d) 
Business and professional offices.
(e) 
Restaurants and lunch counters, except fast-food restaurants.
(f) 
Funeral homes and funeral parlors.
h. 
Outdoor Storage Areas. Such uses, where permitted, shall not abut existing residential development, a residential street or any R District and the operation thereof shall be governed by the following provisions:
1. 
Inflammable and Explosive Substances. All inflammable or explosive liquids, solids, or gases shall be stored in appropriate containers as regulated in the Town Fire Prevention Code.
2. 
Fencing and Landscaping. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and subject to the provisions of subsection 38-5.10.
3. 
Deposit of Wastes. No material or waste which might cause fumes or dust or which might constitute a fire hazard or which may be edible by or otherwise be attractive to animals or insects and shall be stored outdoors only in closed containers.
i. 
Outdoor Uses. All operations, activities and storage shall be conducted within completely enclosed buildings in both the SKI-N and SKI-S zones, except that the outdoor storage of containers, off-street parking including trucks, tractors, trailers or similar vehicles and unloading/loading, accessory lumber yards and home improvement centers may be permitted in the SKI-N Zone only and only if they shall comply with the following requirements:
1. 
There shall be a ten-foot wide landscaped buffer along all property lines;
2. 
All uses shall be subject to subsection 38-6.6h.;
3. 
All uses shall be paved and curbed in accordance with the Design Standard as set forth in Section 36-12.
j. 
Service Stations.
1. 
Location of Exits and Entrances. No gas station, or vehicular repair service shop shall be located within 200 feet measured along the street line on the same or opposite side of the street of the following uses:
Public or private schools, playgrounds, churches, theaters, fire stations, hospitals, public libraries, orphanage or children's home housing children under 16 years of age, or other public gathering place or to any street entrance to such buildings or public gathering place.
Vehicular access to the above uses shall not be closer to the intersection of any two street lot lines than 50 feet, nor shall any such use be located within 25 feet of any boundary line of any R District.
2. 
Location of Appliances and Buildings. Service stations shall have their gasoline pumps, including other service facilities, set back at least 15 feet from any street line and their buildings set back at least 30 feet from any street line. This provision does not apply to gasoline pumps and other service facilities within public garages.
3. 
Landscaping Requirements. The provisions of subsection 38-5.10 shall also be complied with.
4. 
Proximity to Other Service Stations. A service station shall not be located within 1,000 feet of another service station.
5. 
Lot Size. The minimum lot size for all service stations shall be 10,000 square feet. The least dimensions shall be 100 feet by 100 feet.
6. 
Type of Construction. All buildings constructed for use in connection with such station shall be of masonry construction. Any grease pits or hoists shall be contained within the area of the building.
7. 
Type of Repairs. Repair services shall be limited to mechanical repairs and shall not include auto body repair work or painting.
8. 
As an accessory use, no automobile service station shall contain more than two vehicles offered for sale at any one time and in no case shall such vehicles occupy unpaved portions of the property nor shall such vehicles occupy space needed to comply with the minimum required amount of on-site parking for the principal use.
k. 
Warehouses, Commercial and Industrial. A commercial or industrial warehouse shall be subject to the following provisions in regard to items stored in bulk:
1. 
The storage in bulk of hazardous chemical, including, but not limited to, flammable solids, as defined in the Town of Kearny Fire Prevention Code of the Town of Kearny, shall be safeguarded with such protective facilities as public safety requires.
2. 
The Construction Official, on the advice of the Chief of the Bureau of Combustibles, may require the separation or isolation of such substances from other storage facilities, dwellings, places of assembly, educational occupancies, railroads and public highways, when the quantity stored constitutes a material hazard to the surrounding area. Limitations on storage quantities shall be considered with regard to proximity to these exposures to all zone districts.
3. 
Oxidizing materials that have a severe fire hazard and which are likely to deflagrate on exposure to fire, shock or friction, but which are not likely to detonate shall be segregated or isolated in storage. Segregation shall be by walls having a fire-resistance rating of not less than two hours. Automatic sprinklers shall be provided where the building is not adequately isolated.
l. 
Private Day School Operated for Profit. Except for pre-school nursery facilities, a private day school operated for profit shall meet all of the construction and safety requirements of the New Jersey Department of Education, whether or not the facility comes under the jurisdiction of the Department. A private day school shall minimally provide a land area equal to three acres plus one acre for each and every 100 students in attendance. Parking requirements established in the Kearny Subdivision and Site Plan Ordinance shall be complied with.
m. 
Abandoned Vehicles. The storage of unregistered and/or unlicensed motor vehicles shall be prohibited in all districts except in connection with state licensed auto dealerships and scrap metal dealers which possess a valid Certificate of Occupancy from the Town of Kearny.
n. 
Wireless Telecommunications Equipment.
1. 
Exemptions of Applicability. The provisions of this subchapter shall not apply to the following:
(a) 
Any tower, or the installation of any antenna, 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;
(b) 
Preexisting towers or antennas shall not be required to meet the requirements of this paragraph, except that in the case of enlargement, structural modification or addition to any existing tower or antenna facility which shall result in an increase of 10% or more in tower height or facility floor area the provisions of this ordinance shall apply; and
(c) 
The provisions of this subsection shall not govern any parabolic satellite antennas.
2. 
Overall Comprehensive Plan.
(a) 
Any applicant to the Town for approval to erect a wireless telecommunications antenna, in addition to all other information required by this ordinance, shall provide to the approving authority substantial evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and/or ancillary cabinets or structures enclosing related electronic equipment, have been planned to result in the lowest number of tower locations within the Town and the least possible impact on community aesthetics.
(b) 
The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Town and, to the greatest extent reasonably possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless telecommunications services within and around the municipality.
(c) 
The overall comprehensive plan shall indicate the following:
(1) 
The mapped location and written description of all existing antennas and existing and approved supporting structures within one mile of the subject site;
(2) 
The mapped location and written description of all existing or approved water towers and existing telephone or electric towers within one mile of the subject site;
(3) 
How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communication;
(4) 
How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Town by the application and by other providers of wireless communications services within the Town;
(5) 
How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communication services within the Town while, at the same time, limiting the number of supporting towers to the fewest possible through the use of co-location, through the use of alternate technologies which do not require the use of towers, or through the use of existing structures; and
(6) 
How the proposed location of the proposed antenna(s) specifically relates to the objective of minimizing the impact of the antennas, accessory equipment, and supporting structures on residences, streetscapes, and view corridors throughout the municipality.
3. 
Location Priorities. Based upon the "Overall Comprehensive Plan" submitted by the applicant, if the Town determines the proposed antenna(s) are needed for the provision of full wireless telecommunications services within the Town, utilizing the fewest number of towers as reasonably possible and locating on existing structures where reasonably possible, the following priority schedule shall apply:
(a) 
Wireless telecommunication antennas shall be permitted as principal uses on existing structures at the following prioritized locations:
(1) 
The first priority location shall be the co-location of an antenna on an existing tower with the SKM[2] Zone;
[2]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1 and SKM-2 Zones and added the SKI-N and SKI-S Zones. Pursuant to the direction of the Town, the reference contained herein will be amended by a subsequent ordinance.
(2) 
The second priority location shall be the location of an antenna on an existing building within the SKM[3] Zone.
[3]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1 and SKM-2 Zones and added the SKI-N and SKI-S Zones. Pursuant to the direction of the Town, the reference contained herein will be amended by a subsequent ordinance.
(3) 
Co-location on a tower shall be required for no less than three carriers and a letter of intent by the applicant to meet the co-location requirement shall be provided to the approving authority; and
(4) 
All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.
(b) 
Wireless telecommunications antennas shall be permitted as accessory uses on existing structures at the following prioritized locations:
(1) 
The third priority location shall be the co-location of an antenna on an existing tower within the M Zone;
(2) 
The fourth priority location shall be the location of an antenna on an existing building within the M Zone;
(3) 
The fifth priority location shall be the co-location of an antenna on an existing tower within the LI Zone;
(4) 
The sixth priority location shall be the location of an antenna on an existing building within the LI Zone;
(5) 
Co-location on a tower shall be required for no less than three carriers and a letter of intent by the applicant to meet the co-location requirement shall be provided to the approving authority; and
(6) 
All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.
(c) 
Wireless telecommunications antennas shall be permitted as conditional uses on existing structures at the following prioritized locations:
(1) 
The location of an antenna on an existing building within the C-4 Zone shall be considered seventh in the list of priority locations;
(2) 
The location of an antenna on an existing building within the C-3 Zone shall be considered eighth in the list of priority locations;
(3) 
The location of an antenna on an existing building within the C-2 Zone shall be considered ninth in the list of priority locations;
(4) 
The location of an antenna on an existing building within the C-1 Zone shall be considered tenth in the list of priority locations;
(5) 
The location of an antenna on an existing building within the Redevelopment Zone shall be considered eleventh in the list of priority locations;
(6) 
The location of antenna on an existing building within the R-3 Zone shall be considered twelfth in the list of priority locations;
(d) 
New wireless telecommunications towers, along with the antennas and equipment facilities associated with such new towers, shall be permitted as principal uses in the following prioritized locations:
(1) 
The location of a new tower within the SKM[4] Zone shall be considered thirteenth in the list of priority locations;
[4]
Editor's Note: Ordinance No. 2003-(O)-23 deleted the SKM-1 and SKM-2 Zones and added the SKI-N and SKI-S Zones. Pursuant to the direction of the Town, the reference contained herein will be amended by a subsequent ordinance.
(2) 
Co-location on a tower shall be required for no less than three carriers and a letter of intent by the applicant to meet the co-location requirement shall be provided to the approving authority; and
(3) 
All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.
(e) 
New wireless telecommunications towers, along with the antennas and equipment facilities associated with such new towers, shall be permitted as accessory uses in the following prioritized locations:
(1) 
The location of a new tower within the M Zone shall be considered 14th in the list of priority locations;
(2) 
The location of a new tower within the LI Zone shall be considered 15th in the list of priority locations;
(3) 
Co-location on a tower shall be required for no less than three carriers and a letter of intent by the applicant to meet the co-location requirement shall be provided to the approving authority; and
(4) 
All of the separation distance, area, setback, height, and design criteria requirements listed herein shall be met.
(f) 
No wireless telecommunications antennas shall be permitted on any billboard.
4. 
Separation Distance Requirements. The following separation distance requirements shall apply:
(a) 
If the proposed antenna(s) will be attached to an existing building, the following separation distance requirements shall apply:
(1) 
Minimum distance between facilities in residential districts or a residential portion of a duly adopted redevelopment area: 500 feet;
(2) 
Minimum distance between facilities located in commercial districts: 300 feet;
(3) 
Minimum distance between facilities located in industrial or manufacturing districts: 200 feet.
(b) 
If the proposed antenna(s) will be attached to an existing wireless telecommunications tower or similar structure within an industrial district, the following separation distance requirements shall apply:
(1) 
Minimum distance from any residential district line: 750 feet;
(2) 
Minimum distance between facilities: 750 feet.
(c) 
If the proposed antenna(s) will be supported by a new wireless telecommunications tower:
(1) 
Minimum distance from any residential district line: 1,000 feet;
(2) 
Minimum distance between facilities: 1,500 feet.
5. 
Area and Setback Requirements.
(a) 
If the proposed antenna(s) are to be attached to an existing building or an existing or approved tower or structure, no land area shall be required in addition to the land area upon which the existing structure is situated; or
(b) 
If the proposed antenna(s) are to be supported by a new wireless telecommunications tower:
(1) 
The proposed antenna(s) and proposed supporting tower and ancillary related electronic equipment shall be located on a land area equal to or larger than 1/3 the minimum lot area specified for the District;
(2) 
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an already developed lot;
(3) 
The proposed antenna(s) and proposed supporting tower and ancillary related electronic 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 proposed tower site, whether a separate lot or a leased portion of a lot; and
(4) 
Excepting for any access driveway into the property, any required landscaping, and any underground utility lines reviewed and approved by the approving authority as part of the site plan submission, no building structure and/or disturbance of land shall be permitted within 100 feet from any street line, from any other existing or proposed property line, or from any "lease line," provided that if a tower will exceed 100 feet in height, the tower shall be set back from any street line and from any other existing or proposed property line a distance equal to or greater than the height of the tower, except that, in any case the tower shall be required to be set back a minimum distance of only 100 feet from any line demarcating the leased premises.
6. 
Maximum Height.
(a) 
The maximum height of any proposed antenna extending above any existing building or existing structure shall be the minimum height necessary for the proposed installation to satisfactorily operate;
(b) 
The height of any proposed new supporting tower shall not exceed 150 feet unless it can be demonstrated by the applicant, to the satisfaction of the approving authority, that a higher height is necessary for the proposed installation of the antenna(s) to satisfactorily operate and is necessary for the co-location of at least three other carriers on the tower; and
(c) 
The maximum height of any proposed rooftop equipment cabinet shall be the height of the tallest accessory rooftop structure such as a stair or elevator housing, provided that no equipment cabinet shall be located on the rooftop of any building less than 60 feet in height.
7. 
Design Criteria. All applications for wireless telecommunications antennas shall adhere to the following design criteria:
(a) 
For location on an existing building or structure:
(1) 
Minor site plan application to the approving authority shall be required.
(2) 
To the greatest extent possible, any antenna(s) located on an existing building shall be surface-mounted on the building facade at the roofline or along the exterior parapet wall so as to reasonably blend in with the architectural features of the building.
(3) 
Antenna(s) and supporting electrical and mechanical equipment shall be constructed of materials and styles consistent with surrounding street and building design and shall be of a color that matches, as closely as possible, the background color of the facade on which it is mounted or so as to make the antenna(s) and related equipment as visually unobtrusive as possible.
(4) 
All ancillary electronic and mechanical equipment shall be housed either within an enclosed area inside the existing building or on the rooftop of the building, provided:
[a] 
The height of the rooftop equipment facilities shall not exceed the height of the tallest accessory rooftop structure such as a stair or elevator housing nor more than 250 square feet in area and shall be fully enclosed in a cabinet which shall be constructed of a material and color which will match those of the existing rooftop accessory structures as closely as possible; and
[b] 
Documentation by a qualified expert that any existing structure will have sufficient structural integrity to support the proposed antennas and ancillary equipment shall be provided to the approving authority.
(5) 
Any additional public utility lines and/or cables deemed necessary for the operating of the proposed antenna facility shall be located underground. The applicant shall provide documentation to the approving authority as to the necessity of the additional lines, including a detailed schematic of specific location(s) and area(s) to be disturbed in order to accomplish the installation of the lines and/or cables. Applicant shall be responsible for compliance with any and all applicable Federal, State, or local regulations, including the specific provisions of the Town's road opening permit requirements.
(6) 
No signage shall be permitted that is visible from adjacent properties or from the public right-of-way.
(b) 
For a new tower:
(1) 
Preliminary and final site plan applications shall be required for any proposed new wireless telecommunications tower.
(2) 
Any proposed new tower shall be a monopole unless the applicant can demonstrate, and the approving authority agrees, that a different type of pole is necessary for the co-location of additional antennas on the tower.
(3) 
Unless otherwise required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), all tower designs shall be integrated with the surrounding street and building design and shall be either constructed of a neutral colored material or painted a neutral color so as to reduce the visual obtrusiveness. All applicable FAA or FCC standards regarding color materials that may apply to the proposed tower shall be provided to the approving authority.
(4) 
No lighting is permitted on a 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 toward adjacent nearby properties. All applicable FAA standards regarding lighting that may apply to the proposed towers shall be provided to the approving authority.
(5) 
All ancillary electronic and other equipment shall be located within a building or encircled structure which structure shall meet the following design criteria:
[a] 
Each provider or wireless telecommunications services located on the site may have a maximum of one cabinet enclosing required electronic equipment, which cabinet shall not exceed 15 feet in height nor more than 250 square feet in area. All such cabinets shall be located within a building which shall not exceed 1 1/2 stories and 20 feet in height nor 1,000 gross square feet in area.
[b] 
The building shall use materials, textures, and colors that together with required screening and landscaping shall cause it to blend into the natural setting and surroundings, to the greatest extent possible.
[c] 
Provision for co-location of equipment shall be incorporated into the design of the building/structure.
[d] 
No electronic equipment shall be designed in such a way as to interfere with any public safety communication.
[e] 
All equipment shall be automated so that, to the greatest extent possible, the need for on-site maintenance and associated vehicular trips to and from the site will be minimized.
[f] 
Lighting shall be limited to a single light at the entrance to the building which shall be focused downward.
(6) 
Landscaping shall be provided between the tower and also between any building or structure used to house ancillary equipment and any public street or residential dwelling unit or residential zoning district in accordance with the following:
[a] 
Required landscaping shall consist of sufficient density of evergreen planting to effectively screen the view of the tower's base and, in addition, sufficient other plantings which may consist of a combination of shrubs and deciduous trees to screen the tower and enhance the appearance of, to the maximum extent reasonably possible, from any surrounding residential properties and from any public street.
[b] 
Any newly planted evergreen tree shall be at least eight feet high at the time of planting and any newly planted deciduous trees shall be a minimum caliper of 3.5 inches at the time of planting.
[c] 
No signage shall be permitted except "warning" and/or equipment information signs as deemed necessary or as required by State and/or Federal regulatory agencies for safety purposes and are specifically approved by the approving authority.
(7) 
Minimal off-street parking shall be permitted as needed to provide maintenance at the site and as specifically approved by the approving authority.
(8) 
No antenna shall be located on any tower in order to provide noncellular telephone service; such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.
(9) 
Any new tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way; to the greatest extent possible, no new tower shall be visible from a public street in any residential district.
(10) 
Towers shall be encircled by security fencing consisting of eight feet high one-inch chain link nonclimable mesh which shall be fully screened by the required landscaping.
(11) 
Documentation by a qualified expert that any existing structure will have sufficient structural integrity to support the proposed antennas and ancillary equipment shall be provided to the approving authority.
8. 
Radio Frequency Emissions.
(a) 
Applicants shall provide current FCC information concerning wireless telecommunications equipment and Radio Frequency (RF) emission standards to the approving authority. Upon documentation by a qualified expert, proposed wireless telecommunications projects which meet the current FCC standards shall not be conditioned or denied on the basis of RF impact.
(b) 
If the FCC adopts a superseding emission standard, such new standard shall be controlling and become effective as directed in the FCC rulemaking. In such event, the applicant shall, within 45 days of the superseding emission standard's effective date, submit to the approving authority documentation of compliance with the superseding emission standard. Failure to submit such documentation shall result in a declaration by the approving authority that the equipment is no longer operative and the removal provisions of paragraph nine of this paragraph n shall apply.
9. 
Removal of Abandoned/Obsolete and FCC Noncompliant Antennas and Towers.
(a) 
Any wireless telecommunications antenna facility not used for its intended and approved purpose for a period of one year shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
10. 
Inventory of Sites.
(a) 
Existing sites. All current owners, lessors, lessees, franchisors, franchisees, licensors and licensees of wireless telecommunication towers, antennas, equipment shelters, appurtenances thereto, and/or real property used in connection therewith, which are located within the Town, shall provide to the Zoning Officer, within 90 days of the adoption of this amended paragraph n., a complete inventory of all such wireless telecommunication towers, antennas, equipment shelters, appurtenances thereto, and/or real property used in connection therewith. A revised and updated complete inventory shall be provided to the Zoning Officer every two years from the date of the previously submitted complete inventory. The complete inventory shall include the following information:
(1) 
Name and address of owner, lessor, lessee, franchisor, licensor or licensee; and
(2) 
Location and full description of its wireless telecommunication tower(s), antenna(s), equipment shelter(s), appurtenances thereto, and/or real property used in connection therewith;
(3) 
The Zoning Officer may request additional information as he or she deems necessary to reasonably comply with the purpose and provisions of this amended paragraph n.
(b) 
Pending and future sites. The foregoing provisions of paragraph 10 shall apply to currently pending applications and new applications relative to wireless telecommunication towers, antennas, equipment shelters, appurtenances thereto, and/or real property used in connection therewith, to the extent such pending or new applicant has legal interest in an already existing site.
o. 
Containers. Container storage is only permitted within the SKI-N District and subject to the following conditions:
1. 
Containers shall not be stacked more than two containers high.
2. 
There shall be a minimum ten-foot wide landscaped buffer along all property lines. Buffer shall contain a combination of deciduous and evergreen trees and shrubs and berming necessary to visually screen the proposed use upon installation. At installation, plant material shall be sized a minimum of:
(a) 
Deciduous trees three inch caliper.
(b) 
Evergreen trees six feet in height, B&B.
(c) 
Deciduous and evergreen shrubbery five-gallon container or 36 inch B&B.
(d) 
Preference shall be given to native species.
(e) 
No plant prohibited within the NJMC shall be permitted.
3. 
Wetland plantings shall conform to most recent adopted Landscape and Open Space Guidelines established by the New Jersey Meadowlands Commission.