Madison City Zoning Code
§ 195-33
Conditional uses.
A.
General. The Planning Board shall not approve a conditional use unless it finds that the use meets all the conditions identified herein. For conditional uses and associated standards within the PCD-O Zone, please see § 195-32.8.
[Amended 11-22-2021 by Ord. No. 45-2021]
B.
Requirements for specific uses.
(1)
Home occupations shall be permitted as accessory uses in all residential zones and shall require site plan approval of the Planning Board if the following standards are satisfied:
(a)
The practitioner must be the owner or lessee of the residence in which the home occupation is contained.
(b)
Said practitioner must reside in the home.
(c)
Said practitioner shall not engage the services of more than two office employees. Use of the office by groups of other persons shall not be permitted.
(d)
The home occupation shall not occupy more than 50% of the total area of the floor where located, excluding space used for a private garage or 900 square feet, whichever is smaller.
(e)
No client shall, in such relationship, remain on the premises overnight.
(f)
Adequate parking spaces shall be provided in accordance with the parking standards of this chapter so that no parking related to the home occupation shall occur on the street.
(g)
The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.
(h)
No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the normal senses or to radio, telephone or television equipment off the lot.
(i)
No retail sales shall be conducted on the site.
(2)
Public garages; gasoline service stations. No building, structure or premises shall be used as a public garage or gasoline service station unless in conformance with the following conditions:
(a)
Such use shall have a street frontage of at least 100 feet and an average depth of at least 150 feet.
(b)
The walls of any building or structure, other than gasoline or oil filling devices, shall be set back at least seven feet from every adjoining property line and at least 25 feet from any street right-of-way line, unless the public garage or gasoline service station abuts a residential zone, then the minimum side or front yard setback for the residential zone shall apply.
(c)
The entrance and exit driveway or driveways to and from any public garage or gasoline service station shall be at least 18 feet wide but not more than 25 feet wide, located at least 10 feet from any adjoining property line and at least 20 feet from the corner of any intersecting public streets. Driveways shall be designed so that exiting vehicles do not have to back out onto any public sidewalk, street or right-of-way.
(d)
A curbed landscaped area, at least five feet wide, shall be installed and maintained and shall extend across the front and any other street line abutting the public sidewalk, and no sign or other object or device shall be parked or placed thereupon. A landscaped buffer of at least five feet shall be required along all sides and property lines.
(e)
All services or repairs to or for motor vehicles shall be conducted within the confines of a building, except the sale and supply of oil and gasoline and the filling of tires and batteries and other services customarily incidental to the sale of gasoline, oil and automobile supplies and accessories.
(f)
In any public garage or gasoline service station, storage facilities for gasoline, oil or other flammable materials in bulk over 55 gallons shall be located wholly underground unless otherwise required by law. No gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(g)
Every gasoline or oil filling device shall be located at least 15 feet from any street right-of-way line. Side and rear line setbacks of at least 10 feet are required when adjoining a nonresidential use and at least 20 feet when adjoining a residential use or zone.
(h)
At any public garage or gasoline service station where motor vehicles to be repaired will remain more than 24 hours, a solid fence, at least six feet in height, made of a composition which will effectively screen the property, shall be placed to effectively screen views from the street.
(i)
Notwithstanding anything to the contrary contained in this subsection, no motor vehicles or automobiles so in need of repair as not to be readily operable under their own power or which require substantial repair or which are not licensed or which cannot reasonably be used for transportation shall be permitted on any lot containing or used in connection with a gasoline service station for more than 30 days from the date when such motor vehicle was first parked, left standing or otherwise placed upon said property.
(k)
Gas station sign requirements.
[Added 4-22-2013 by Ord. No. 9-2013]
[1]
Freestanding signs shall be limited to one sign with both station identification and price information. Such sign shall not exceed a maximum height of 15 feet, or a maximum width of six feet, and shall have a minimum setback of 10 feet for all new signs. The station identification (brand) placard on the sign shall have a maximum area of 16 square feet. In addition, the freestanding sign shall also be permitted to contain up to four price points for various grades of motor fuel based on the following standards: a maximum of two square feet of LED area allowed per price point for pricing and a maximum of 4.25 square feet of non-LED sign area for lettering corresponding to each grade of motor fuel advertised.
[2]
Wall signs: one nonilluminated building sign is permitted per bay or entrance door with a maximum area of six square feet per sign and no more than two total such signs.
[3]
Canopy signs: shall be limited to 20% of the facade area with one sign permitted per facade and no more than two canopy facades with such signage.
[4]
LED gasoline price signs are prohibited in or adjacent to any historic district.
[5]
LED gasoline price signs located on lots adjacent to any single-family or two-family residential district shall be turned off after 10:00 p.m.
[6]
LED gasoline price signs shall not blink, actively move, flash, nor be combined with video and audio enhanced components.
[7]
LED gasoline price point signs shall be limited to no more than two colors per establishment, in accordance with industry standards, to distinguish between grades of motor fuel.
[8]
Gasoline station signage for all pricing and lettering shall not exceed 12 inches in height.
[9]
Any brightness or glare associated with LED gasoline price point signs shall not impair the vision of drivers, nor contribute to driver distraction, nor interfere with the effectiveness of an official traffic sign, device, or signal.
[10]
LED price point signs shall have a dimmer control a photocell, capable of being dimmed in accordance with ambient lighting conditions. Any "nit" levels that are factory set for daytime and nighttime settings should be the minimum levels required for visibility and clarity, and to minimize glare, given site and ambient lighting conditions.
[11]
The difference between ambient lighting conditions with and without any proposed LED signs shall not exceed 0.3 footcandle at night at a distance calculated by taking the square root of the area of LED price points (in square feet) times 100. All measurements taken to determine the difference in illumination shall be taken perpendicular to the face of the LED price points.
(3)
Institutional uses or structures. Institutional uses, buildings and structures, as defined in this chapter, exclusive of long-term care facilities or vacant lands used for the purpose of such institutions, may be located, when approved as conditional uses, in any zone subject to the following:
(a)
The property on which the structure or building is to be constructed or the activities conducted must contain a minimum of one acre.
(b)
No building shall be closer than 50 feet to the side or rear line of any adjacent property. These 50 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in this article.
(c)
No building or structure shall be closer than 60 feet to any front street property line nor less than 50 feet from any other structure. Except as permitted in this article, no building or structure shall be higher than 40 feet above the ground level.
(d)
All buildings must be served by driveways to be approved as part of the special exceptions as to size, curvature, grade and surface to provide easy access for emergency vehicles, such as police and fire equipment.
(e)
No parking shall be permitted between the front building line and the street right-of-way.
(4)
Financial institutions with drive-up windows. No building, structure or premises shall be used as a financial institution with drive-up window facilities unless in conformance with the following conditions:
(a)
Such use shall be located on lots with street frontage of at least 100 feet.
(b)
The minimum lot area shall be 15,000 square feet.
(c)
No transaction window or speaker system shall be located closer than 50 feet to any property line of any residential use or any residential zone line.
(e)
Any transaction window or station shall be set back a minimum of 25 feet from any property line.
(f)
No drive-through window shall face any public right-of-way.
(5)
Restaurants with drive-through windows. No building, structure or premises shall be used as a restaurant with drive-through window facilities unless in conformance with the following conditions:
[Amended 5-28-2014 by Ord. No. 31-2014]
(a)
Such use shall be located on lots with street frontage of at least 100 feet.
(b)
The minimum lot area shall be 20,000 square feet.
(c)
No transaction window or speaker system shall be located closer than 60 feet to any property line of any residential use or any residential zone line.
(e)
Any transaction window shall be set back a minimum of 40 feet from any property line.
(f)
No drive-through window shall face any public right-of-way, nor shall any drive-through window be located within 50 feet of the street right-of-way line from which vehicles using the drive-through window will enter or exit.
(g)
There shall be no more than two one-way access driveways serving the site. The minimum distance between the center lines of such driveways shall be 125 feet. Driveways shall be one-way.
(h)
Internal circulation shall be such that stacked vehicles for the drive-through window(s) shall not interfere with general vehicular circulation and parking or pedestrian circulation on the site. Drive-through window stacking lanes shall not be located in parking aisles, nor shall they, in any manner, interfere with vehicles entering or exiting the site or pedestrian circulation.
(i)
The perimeter of the site shall be fenced and/or landscaped in a manner that will prevent litter from being blown across property lines and to effectively screen adjacent noncommercial properties on a year-round basis. Such screening shall consist of both a board-on-board fence and dense landscaping along any adjoining noncommercial property lines.
(j)
Trash receptacles of an attractive design, consistent with Borough standards and without any advertising or branding, shall be maintained around outdoor eating areas, along pedestrian walkways and at points of egress from the site.
(k)
Any outdoor eating areas shall be clearly delineated with curbing, shall be attractively landscaped, and shall be so located that patrons can walk directly from the building to the eating area without crossing a driveway or parking lot. Outdoor seats shall count toward the parking requirements for the establishment.
(l)
Odor reduction devices shall be employed to minimize the effect of odor production from cooking and frying activities. The applicant shall demonstrate that proposed techniques shall keep the odors on site, to the maximum extent feasible.
(m)
Signage shall be limited to one, noninternally illuminated building sign not exceeding 30 square feet and one, noninternally illuminated monument sign, not exceeding six feet in height (including base plus sign area) and 20 square feet in area.
(n)
Site lighting shall be the minimum necessary to adequately light the building, outdoor seating area and parking lot with a fixture height (pole plus base) not exceeding 15 feet; only downward-facing fixtures are permitted. Timers shall be required to turn off all nonsecurity lighting after business closing.
(o)
There shall be no parking in the front yard setback on any front yard. All front yards, with the exception of pedestrian access and other improvements, shall be fully planted with a mix of deciduous and coniferous trees, shrubs and ground cover.
(p)
Any awning shall be canvas, with a maximum of six square feet of signage area on awning valances.
(q)
No drive-through or fast-food restaurant shall be located within 500 feet of any elementary, middle, or high school.
(r)
On any lot adjoining within 250 feet of a residential use or district or within 250 feet of the Central Business District, the primary building material shall be masonry (stone or brick), wood, hardie plank, or some combination thereof.
(6)
College housing. Housing for faculty and employees of Drew University and their families and housing owned and/or operated by the Madison Housing Authority in the U Zone shall meet the following requirements:
(a)
The principal objective of all such housing shall be to provide affordable housing accommodations to eligible occupants.
(b)
The maximum number of housing units permitted under this section shall be the existing 60 units to house the faculty and employees of Drew University and their families, and not more than the existing 12 housing units shall be permitted to be owned and/or operated by the Madison Housing Authority.
(c)
Permitted uses shall include single- and two-family detached dwellings, attached dwellings and multifamily dwellings.
(d)
Accessory uses shall include those uses customarily accessory to a principal permitted use.
(e)
Bulk standards.
[1]
Maximum height.
Type of Housing | Stories | Feet |
|---|---|---|
Single- and two-family detached housing | 2 1/2 | 35 |
Multifamily | 3 | 40 |
[2]
Setback: 50 feet from tract boundary.
[3]
Maximum floor area ration (FAR): 0.3.
[4]
Minimum common open space: 30%.
[5]
Maximum impervious coverage: 50%.
[6]
Minimum parking.
Off-Street Parking Spaces Required | |
|---|---|
Type of Unit | Number of Spaces Required |
Efficiency | 1.0 |
One-bedroom | 1.0 |
Two-bedroom | 2.0 |
More than two-bedroom | 2.0 |
(f)
The bulk and sitting requirements set forth in the R-5 Zone for multifamily shall apply to any multifamily housing in the U Zone.
(g)
Occupants of any housing to be owned and/or operated by the Madison Housing Authority shall meet all applicable eligibility standards for such housing. Occupants of all other housing created under this section shall be faculty or employees or Drew University and their families.
(h)
All vehicular access shall be provided for in a manner acceptable to Planning Board.
(i)
Particular care shall be used in site location and site design to minimize the impact of any proposed development on adjacent land uses and any unique features of the University, including special environmental features and/or any other unique features of the University and, in that regard, adequate setback, buffers and landscaping shall be provided. Particular care shall be used in the site location and site design in order to preserve any environmentally sensitive areas in the U Zone.
(j)
The area(s) of the U Zone proposed for housing to be constructed under this section shall be subdivided as a separate parcel in accordance with the subdivision requirements contained in this chapter. Housing proposed to be owned and/or operated by the Madison Housing Authority shall also be subdivided as a separate parcel.
(k)
Single- and two-family detached housing built under this section shall meet R-4 lot and setback requirements.
(7)
Assisted-living residence (ALR).
[Amended 11-22-2021 by Ord. No. 45-2021]
(a)
Minimum lot area: five acres.
(b)
Minimum lot width: 300 feet.
(c)
Minimum lot depth: 400 feet.
(d)
The property shall have frontage on a secondary arterial road or shall be located in an R-5 or R-6 Zone having frontage on a secondary arterial or collector road, as defined in the Borough Master Plan.
(e)
Maximum height: 35 and 2 1/2 stories.
(f)
Maximum floor area ratio (FAR): 0.3.
(g)
Maximum impervious coverage: 40%.
(h)
Minimum setbacks:
[1]
Front yard: 100 feet.
[3]
A minimum of 50 feet of the setback area (except adjacent to a nonresidential zone property line) shall be considered a buffer strip. Buffers are fences, landscaping, berms and mounds used to minimize any adverse impacts on the site or from adjacent areas. Within said buffer zone, no structure or off-street parking or loading area shall be permitted except utility easements, fences and signs. Driveways may only cross the buffer strip. Said buffer shall be kept in its natural state where wooded and, when natural vegetation is sparse or nonexistent, the Board may require the applicant to supplement the existing vegetation.
(i)
No parking shall be permitted in any required front yard setback area.
(k)
Maximum number of units: 75.
(l)
Maximum number of occupants: 100.
(m)
No accessory structures shall be permitted.
(8)
Continuing care retirement community (CCRC).
(b)
The development shall include at least some level of each of the following:
[1]
Health-care facilities and services.
[2]
Facilities and services for providing meals for residents who will require residential health care and nursing care, with or without common dining facilities.
[3]
Physical therapy facilities and services.
[4]
Meeting rooms.
[5]
Recreation facilities.
[6]
Health-care and physical therapy facilities may be in an existing or new off-site location (subject to zoning requirements), if the applicant shows adequate plans to provide residents of the development with reasonable access.
(c)
The application for development shall include a statement generally describing the health-care services, meal services for residents who will require residential health care or nursing care, and physical therapy services that will be provided. Such statement may be, but is not required to be, the developer's disclosure statement (or a portion of it) which is required by N.J.S.A. 52:27D-336 (P.L. 1986, c. 103, § 7).
(d)
It shall be a condition of final subdivision approval or final site plan approval that residency in the CCRC shall be age-restricted to persons at least 62 years of age, with or without a spouse or other members of such person's housekeeping unit in the event of the death of such resident. This condition shall not be construed as requiring the CCRC to permit surviving members below the age of 62 to remain in residence following such death.
(e)
Permissible accessory uses shall include houses of worship and religious facilities, garages, sheds, fences, swimming pools, recreational facilities designed for use by residents, maintenance buildings, gatehouses, employee living quarters, and retail and personal services restricted to residents, guests and employees, and other uses customarily associated with and ancillary to a CCRC, as long as such accessory uses are subordinate to and serve only the conditional use.
(f)
Area and setback requirements shall be as follows:
[1]
Minimum lot area: 25 acres.
[2]
Minimum lot width: 200 feet.
[4]
Maximum impervious lot coverage: 40%.
[5]
Maximum building coverage: 20%.
[6]
Maximum building height: 35 feet, except that height may be increased to a maximum of 40 feet, provided that for each additional foot of building height above 35 feet, two additional feet of setback shall be required from the exterior tract buffer. Building height shall be measured from the average finished grade level surrounding the building measured five feet from the building wall to the top of the roof.
(g)
Maximum and minimum number of units.
[1]
The maximum number of independent living and assisted-living residences shall be five units per acre.
[2]
A minimum of four independent-living units shall be provided for each nursing unit.
[3]
Assisted-living residence units shall be counted as independent-living units in meeting the 4 to 1 ratio requirement above.
[4]
The maximum number of detached single-family dwellings shall not exceed 30% of the total permitted number of independent-living units.
(h)
Parking requirements. Sufficient off-street parking shall be required to meet the needs of the residents, employees and guests in accordance with the following minimum requirements:
[1]
Independent-living units: 1.0 per dwelling unit.
[2]
Assisted-living residences: one for every three occupants.
[3]
Nursing beds: .3 per bed.
[4]
Staff: one off-street parking space per full-time staff, plus one for every two part-time staff, on the maximum shift.
[5]
Visitors: an additional 10% above the total required parking.
(k)
Buffering and screening. All CCRC's shall be landscaped and buffered. A landscaped buffer not less than 25 feet shall be planted or installed around the perimeter of the developed area of any CCRC site.
(9)
Long-term care facilities.
(a)
Minimum tract size: 2.5 acres.
(b)
Minimum tract width: 150 feet.
(d)
Minimum parking setback: five feet, but no parking shall be allowed in the area, except required handicapped spaces between the road and the facade of the building closest to the road, except required handicapped spaces.
(e)
Maximum impervious coverage: 40%.
(f)
Perimeter screen buffers of 15 feet shall be installed.
(g)
Maximum height: 35 feet.
(10)
Wireless communications antennas.
[Added 3-11-2002 by Ord. No. 9-2002]
(a)
Purposes. It is the overall purpose of this subsection to provide specific zoning conditions and standards for the location and operation of wireless communications antennas within the Borough of Madison, to recognize the need to safeguard the public good and preserve the intent and the purposes of the Madison Borough Master Plan and Zone Plan.
(b)
Overall objective. The overall objective of this subsection is to enable the location within the Borough of Madison of those antennas which are necessary to provide adequate wireless communications services while, at the same time, limiting the number of supporting towers to the fewest possible.
(c)
Specific goals. The specific goals are to:
[1]
Minimize the total number of wireless communications towers within the Borough of Madison;
[2]
Limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Madison;
[3]
Safeguard the prevailing and historic character of development throughout the Borough of Madison;
[4]
Encourage the location of antennas upon, or within, existing structures, including existing wireless communications towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, especially those existing structures situated on public property;
[5]
Encourage as many antennas as possible, of as many of the wireless communications carriers as possible, to be collocated on the fewest number of existing structures within the Borough of Madison;
[6]
Discourage the construction of new towers which do not have the likelihood of being used by a number of wireless communications carriers;
[7]
Encourage the communications carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and vistas through careful design, siting, landscape screening and innovative camouflaging techniques;
[8]
Formulate and maintain, for land use planning purposes, a complete inventory of all wireless communications antennas, towers and related facilities within the Borough of Madison, and others in the vicinity of the Borough, which are capable of providing service within the Borough;
[9]
Enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of this subsection to provide such services quickly, effectively and efficiently; and
[10]
Comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property and community aesthetics.
(d)
Exemptions of applicability. These wireless communications antennas provisions shall not apply to the following:
[1]
This subsection shall not govern 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; and
[2]
This subsection shall not govern any parabolic satellite antennas.
(e)
Overall Comprehensive Plan.
[1]
In order to effectuate the purposes, objective and goals of this subsection as noted hereinabove, any applicant to the Borough of Madison for approval to erect a wireless communications antenna, in addition to all other information required by this subsection, shall provide threshold evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and/or ancillary cabinets enclosing related electronic equipment, has been planned to result in the fewest number of tower locations within the Borough of Madison at the time full service is provided by the applicant throughout the Borough. Therefore, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Borough of Madison 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 communications services within and around the Borough.
[2]
More specifically, the overall comprehensive plan shall indicate the following:
[a]
The mapped location and written description of all existing antennas and existing and approved supporting structures within the Borough;
[b]
The mapped or GIS database location and written description of all existing or approved water towers or water standpipes and existing telephone or electric poles or towers within the Borough;
[c]
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;
[d]
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 Borough of Madison by the applicant and by other providers of wireless communications services within the Borough;
[e]
How the proposed location of the proposed antenna(s) specifically relates to the objective of collocating the antennas of many different providers of wireless communications services on a single supporting structure; and
[f]
How the proposed location of the proposed antenna(s) specifically relates to the overall objective of providing full wireless communications services within the Borough of Madison 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.
(f)
Location priorities.
[Amended 3-10-2003 by Ord. No. 2-2003]
[1]
Based upon the overall comprehensive plan submitted by the applicant in accordance with § 195-33B(10)(e) hereinabove, if the Borough of Madison determines the proposed antenna(s) to be needed for the provision of full wireless communication services within the Borough, utilizing the fewest number of towers as reasonably possible, wireless communication antennas shall be permitted within the Borough at the following prioritized locations:
[a]
The first priority location shall be an existing or municipally approved wireless communication tower in any zone, or an existing telephone or electric pole or tower in the nonresidential zones listed in § 195-33B(10)(f)[1][b] hereof.
[b]
The second priority location shall be on lands situated within the Borough of Madison zoned within the CBD-1, CBD-2, CC, U, OSGU or OR Zoning Districts; or on lands within the Borough of Madison situated in any zoning district, which land contains an existing utility facility with an aboveground structure that contains one or more existing ground buildings.
[2]
Notwithstanding any provision of this Land Development Ordinance to the contrary, the location of antenna(s) on an existing municipally approved structure shall not require a use variance in accordance with N.J.S.A. 40:55D-70d.(1) of the Municipal Land Use Law.
(g)
Area and setback requirements.
[1]
If the proposed antenna(s) will be attached to an existing or approved tower, an existing building, an existing or approved water tower or water standpipe, or an existing telephone or electric pole or tower, no land area shall be required in addition to the land area upon which the existing structure is situated; or
[2]
If the proposed antenna(s) will be supported by a new tower and will be situated on lands owned by the Borough of Madison, the land area required shall be as approved by the Borough Council in consideration of existing site conditions and surrounding land uses, and shall be subject to a written lease agreement between the applicant and the Borough of Madison; or
[3]
If the proposed antenna(s) will be supported by a new tower and will be situated on lands within the Borough of Madison not owned by the municipality, the following minimum area and setback requirements shall be met:
[a]
The proposed antenna(s) and proposed supporting tower and ancillary related electronic equipment shall be located on a land area equal to in size or larger than the minimum lot area specified in Schedule I of this chapter[1] for the applicable zoning district;
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[b]
The minimum required land area pursuant Subsection B(10)(g)[3][a] hereinabove shall either be a separate undeveloped lot or a leased portion of an already developed lot;
[c]
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 subject land area, whether a separate lot or a leased portion of a lot; and
[d]
Except for any access driveway into the property, any required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, structure and/or disturbance of land shall be permitted within a one-hundred-foot setback distance from any street line, from any other existing or proposed property line, and 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.
(h)
Maximum height. Notwithstanding any provisions of this subsection to the contrary, the following height restrictions shall apply for any wireless antenna and/or any new supporting tower:
[1]
The height of any proposed antenna extending above any existing tower, any existing building or above any existing or proposed water tower or water standpipe shall be demonstrated by the applicant, to the satisfaction of the Planning Board or the Borough Council, as the case may be, to be the minimum height necessary for the proposed installation to satisfactorily operate; and
[2]
The height of any proposed new supporting tower shall not exceed 120 feet above ground level unless it can be demonstrated by the applicant, to the satisfaction of the Planning Board or the Borough Council, as the case may be, that a greater height is necessary for the proposed installation of the antenna(s) to satisfactorily operate and for the collocation of at least three other carriers on the tower.
(i)
Design details.
[1]
Any proposed new tower shall be a monopole, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the collocation of additional antennas on the tower.
[2]
To the greatest extent possible, no antenna and/or its supportive tower shall be located to be visible from any historic district or site as duly designated by Madison Borough, the State of New Jersey or by the federal government.
[3]
To the greatest extent possible, no new tower shall be located to be visible from any public street.
[4]
To the greatest extent possible, all cables shall be installed within underground conduits.
[5]
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.
[6]
The color and any camouflaging of a proposed tower shall be proposed by the applicant 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.
[7]
No antenna shall be located on any tower in order to provide to service provider personnel the equivalent of wireline 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.
[8]
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 Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
[9]
Individual cabinets for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
[a]
Any proposed cabinet or combination of cabinets enclosing required electronic equipment shall not be more than 12 feet in height nor more than 250 square feet in area, and only one such area for the cabinet(s) 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 monitored and configured so that, to the greatest extent possible, the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
[d]
All the required electronic equipment for all anticipated communications carriers to be located on the subject site shall be housed within a one-and-one-half-story building, which building shall not exceed 250 square feet per service provider in area and shall not exceed 1,250 square feet in gross area for the entire building and 20 feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or office character of appearance; and
[e]
The building may have one light per service provider 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. The building may have a separate entrance for each service provider.
[10]
No signage is permitted, unless "warning" and/or equipment information signs are deemed necessary for safety purposes and are specifically approved by the Planning Board.
[11]
Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
[12]
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 Planning Board regarding the adequacy of the plan to completely screen the tower from view and to enhance the appearance of the building; and
[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 two inches at time of planting.
(j)
Site plan submission and approval requirements.
[1]
The applicant shall provide to the Planning Board or the Borough Council, as the case may be, a specific written addressment of each of the design details enumerated in § 195-33 B(10)(i) hereinabove.
[2]
Wireless communications antennas, and any proposed supporting tower and related electronic equipment, shall require preliminary major site plan approval in accordance with the requirements specified in § 195-22 of this chapter and final major site plan approval in accordance with the requirements specified in § 195-22.1 of this chapter.
[3]
In addition to the applicable documentation and items of information required for preliminary and final major site plans specified in this chapter, the following additional documentation and items of information specific to wireless communications antennas are required to be submitted to the Planning Board for review and approval as part of the submission of the preliminary site plan application:
[a]
Documentation by a qualified expert that any existing structure proposed for the location of the antenna will have sufficient structural integrity to support the proposed antennas, and that the safety hazards resulting from ice falling from the structure and the antennas have been adequately mitigated;
[b]
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
[c]
A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any tower with other approved wireless communications service providers at reasonable rates which shall be economically viable; and
[d]
A visual sight distance analysis, including photographic reproductions of a crane or balloon test, graphically simulating the appearance of any proposed tower, with at least three antenna arrays attached thereto, from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible. The applicant shall schedule the time of the crane or balloon test with the Borough Engineer in order to provide the members of the Planning Board and the general public the opportunity to view the crane or balloon.
[e]
Evidence from an independent expert that all equipment will comply with the then-current Federal Communications Commission (FCC) rules and regulations, including that radio frequency (RF) emissions will be within the FCC guidelines. Any approval shall contain a condition that the applicant shall provide a further report to the Borough Engineer from an independent expert that the RF emissions are within the FCC guidelines within 90 days after installation is complete and that, upon any change in FCC guidelines or regulations governing same, the applicant shall within 120 days of such change provide a report to the Borough Engineer from an independent expert that the RF emissions are within the revised FCC guidelines or regulations.
[4]
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 shall 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.
(k)
Restoration provisions. Except for proposals to locate antennas on lands owned by Madison Borough, the applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board and 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 cabinets, 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 antenna 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)
Other requirements. All other applicable requirements of this Land Development Ordinance not contrary to the specific conditions and standards specified herein shall be met, but waivers and/or variances of such other applicable requirements of this chapter may be granted by the Planning Board. Additionally, based upon the site-specific information presented by the applicant during site plan review, the Planning Board may grant deviations from the literal requirements for wireless communications antennas specified in Subsection B(10)(g), (h) and (i) of this subsection hereinabove, provided that the purposes, overall objective and specific goals, respectively specified in Subsection B(1)(a), (b) and (c) of this subsection, are advanced by the deviations.
(11)
Outdoor dining:
[Added 7-12-2010 by Ord. No. 20-2010]
(a)
Outdoor dining refers only to the service of food and beverages, consistent with the definition of restaurant, but extended to include privately owned outdoor property on which a restaurant operates as the principal permitted use; outdoor dining on any public sidewalk or right-of-way shall continue to be governed by Borough Ordinance § 166-43 and associated permit requirements;
(b)
Outdoor dining does not include an outdoor bar or any other similar outdoor accessory use that serves only beverages, nor does it include any drive-through or take-out windows;
(c)
Public access shall be provided from within the principal restaurant use with a secondary means of emergency egress in accordance with applicable New Jersey building codes;
(d)
Outdoor dining areas shall be designed in accordance with barrier-free requirements;
(e)
The calculation of off-street parking requirements shall include outdoor seating occupancy;
(f)
The approval of any application for outdoor dining shall not be construed as approval by the Borough Council for extension and/or renewal of any license under ABC jurisdiction; such extensions and/or renewals shall only be granted by the Borough Council;
(g)
All outdoor dining areas shall be clearly delineated by a solid decorative fence, wall or other structure at least 4.5 feet in height but no more than six feet in height;
(h)
Hours of operation of outdoor dining areas shall not extend later than 10:00 p.m.;
(i)
All outdoor lighting shall be downward facing and shall be turned off by 10:30 p.m.;
(j)
No amplified music shall be permitted in outdoor dining areas;
(k)
No outdoor dining area that serves alcoholic beverages shall be located within 200 feet of a school or public park;
(l)
No outdoor dining area shall obstruct pedestrian access serving one or more stores or businesses in addition to the property on which outdoor dining is proposed.
(m)
There shall be no outdoor dining at any restaurant located in any nonresidential zone, including CBD-1, CBD-2 and CC Zones, that is located within 200 feet of any residential zone. The distance shall be measured from any property line of the restaurant to the closest residential zone line.
[Added 9-13-2010 by Ord. No. 45-2010]