Mansfield City Zoning Code
ARTICLE XIX
General Regulations
§ 65-87 Pedestrianways.
[Amended 3-5-2020 by Ord. No. 2020-5]
In order to promote public safety, a primary design criterion shall be the separation of pedestrian traffic and vehicular traffic. To this end, developments shall be designed, wherever feasible, to provide for pedestrian walkways separated from vehicular use streets and to promote pedestrian access between residential areas, schools, shopping locations, etc. The location, width and construction of such walkways shall be subject to the approval of the Consolidated Land Use Board of Mansfield Township and the Township Engineer. Pedestrianways and lighting shall be constructed where required and installed prior to occupancy. Grade-separated pedestrian crossings shall be provided across roads at points required by the Consolidated Land Use Board of Mansfield Township.
§ 65-88 Prohibited uses.
A.
No building may be erected, altered or used, and no lot or premises may be used, for any use which is likely to create conditions of hazards, smoke fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such firesafety conditions as are approved by the Building Inspector. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed operation shall not:
(1)
Constitute a public nuisance beyond the boundary of the site on which the use is located, by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare.
(5)
Result in electrical disturbances in nearby residence.
(6)
Contribute to the pollution of waters.
(7)
Create an objectionable traffic condition on the street or in an adjacent area.
(8)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
The following uses are prohibited:
(1)
Automobile graveyards.
(2)
Junkyards.
(3)
Sanitary landfills, unless operated by the Township, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
[Amended 12-16-1980 by Ord. No. 1980-9]
(4)
No motor vehicle truck bodies, trailer bodies or storage containers shall be placed on any lot or lots in any zone for any purpose whatsoever, except during the period of construction or reconstruction or remodeling of a permitted principal building on the same lot or lots not to exceed six months from the issuance of permit for the reconstruction, or the remodeling.
[Added 10-25-2006 by Ord. No. 2006-36]
(5)
Logistic/warehouse uses.
[Added 3-2-2022 by Ord. No. 2022-3; amended 4-20-2022 by Ord. No. 2022-6; 9-21-2022 by Ord. No. 2022-13]
C.
Significant changes in assumptions, policies and objectives identifies three separate land development/planning concerns related to the number of existing and potential proposed large-scaled logistics uses that have arisen since 2016. Additional logistics uses, which include: wholesale warehousing; commercial warehousing; distribution/trucking/terminal facilities; freight carriers/couriers/third-party transportation providers, etc., for nonagricultural freight, as well as off-site truck and trailer parking, or drop lots, that have not already received Board approval, should be prohibited.
[Added 4-20-2022 by Ord. No. 2022-6]
§ 65-89 Agricultural areas.
[Amended 8-16-2017 by Ord. No. 2017-10]
In any district, those areas undeveloped or unimproved may be used for agricultural purposes until such areas are developed and improved. See "Right to Farm Act" at Chapter 19A, Right to Farm.
§ 65-89.1 Projections into yards.
[Added 4-28-1999 by Ord. No. 1999-9]
A.
Projections into yards. Projections of sills, chimneys, cornices, ornamental features, carports and other similar projections of buildings may extend into yards for a maximum distance of five feet and for a maximum area of 40 square feet each. Steps and landings are allowed at any dimensions. Eaves may extend five feet into yards for the length of the building wall.
B.
Patios, terraces and broadwalks. These improvements may be built at any size within the building envelope. Outside the building envelope, these improvements may not be greater than 250 square feet. However, in all cases, a minimum setback of 10 feet shall be maintained from all property lines. A zoning permit shall be required, and a construction permit may be required. A zoning variance is not required if there are no footings, the improvement is less than eight inches above approved design grade and the above standards are met.
§ 65-90 Visibility at intersections.
On the corner lot or any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in such a manner which obscures the vision above the height of 2 1/2 feet, measured from the center line of the intersecting streets or driveways and within the area bounded by the street lines 100 feet from their intersection along the lot lines.
§ 65-91 Swimming pools.
A.
Definition. Any constructed pool which is used, or intended to be used, as a swimming pool in connection with a single-family residence and available only to the family of the householder and his private guests shall be classified as a private swimming pool. Any swimming pool other than a private swimming pool shall be classified as a public or semipublic swimming pool. A portable pool is included within the terms of this definition.
B.
Applicability. All pools hereinafter erected shall be subject to the regulation of this chapter.
C.
Compliance required. It shall be unlawful for any person to construct, install or create a swimming pool in the Township without first having complied with the provisions of this chapter and all other regulations of the Township.
D.
Location and distance requirements.
(1)
A swimming pool of a permanent or stationary type of construction shall not be constructed, installed or located within 10 feet of any property line or structure nor nearer to any street line upon which the residence fronts than the existing setback line of said residence building, but in no case, regardless of the building setback line, shall a pool be located less than 30 feet from the front street line.
(2)
A swimming pool shall not be constructed, installed or located on any land unless a residence building is also located thereon.
E.
Fencing.
(1)
All pools shall be enclosed with a fence, and all fencing shall be in accordance with the fencing requirements of this chapter.
(2)
All aboveground pools 24 inches or more in depth which have a decking consisting of a rail or fencing two feet or more in height above the deck with a foldup safety ladder when not in use shall be considered as being in compliance with the fencing requirements of the Township.
F.
Certificates of occupancy. Certificates of occupancy shall be required for all swimming pools.
G.
Other regulations. Swimming pools shall be subject to all of the regulations of the Mansfield Township Code and the Construction Code.
§ 65-91.1 Permeability tests; wells.
§ 65-92 Height regulations.
A.
First-story requirements. No story shall be deemed a first story if its floor level is more than nine feet above the ground.
B.
Exceptions. The provisions of these regulations with respect to heights shall not apply to church spires, cupolas, silos, grandstands, chimneys, flagpoles, radio aerials and television antennas and their supports or, if not occupying an area greater than 25% of the ground area covered by the main building, to domes, ornamental towers, observation towers, water towers, penthouses, hose towers and water tanks.
§ 65-93 Utility sheds.
[Amended 8-16-2017 by Ord. No. 2017-10]
See § 65-7, Definitions, for "accessory building" for bulk requirements.
§ 65-94 Private garages.
A.
A private garage in a residential district shall be permitted only when used as an accessory building to a dwelling on the same lot. A private garage may be either a separate building or it may be attached to or be an integral part of the dwelling to which it is accessory. An attached private garage shall include a garage attached to a residence by a permanent breezeway not more than 15 feet long.
B.
Side yards for garages attached to homes at the rear line shall be 10 feet from the property line. However, if such garages project past the rear line, then the garages shall be a minimum of five feet from rear and side yard property lines.
C.
All garages on corner lots must maintain the side yards stipulated in the applicable district, except that garages must be set back the same as the dwellings located on adjacent lots.[1]
[1]
Editor's Note: Former Subsection D, regarding living units over or attached to garages, which immediately followed this subsection, was repealed 8-16-2017 by Ord. No. 2017-10.
§ 65-95 Control of livestock.
[Amended 7-14-1993 by Ord. No. 1993-8]
The keeping of livestock shall be permitted in all districts except R-4, R-5 and C-1, subject to the following standards, which shall be applicable to small lots and areas rather than full-scale farms:
A.
Not more than one livestock may be kept on a lot of at least one acre, provided that a pen or corral containing at least 800 square feet is included and that a stable under a roof of at least 100 square feet is provided, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling.
B.
Not more than two livestock may be kept on a lot of at least 1 1/2 acres, provided that they are enclosed in a pen or corral containing at least 800 square feet per animal, including a stable under a roof of at least 100 square feet per animal, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling.
C.
Not more than three livestock may be kept on a lot of two acres, provided that they are enclosed in a pen or corral containing 800 square feet for the first horse or pony and 400 square feet for each additional livestock, including a stable under a roof containing at least 100 square feet per animal, and further provided that the pen, corral fences or similar enclosures are not closer than 20 feet to the adjacent property lines or 10 feet to the adjacent property lines with proper screening, but in no case closer than 50 feet to any existing neighboring dwelling. The maximum number of livestock under single ownership shall not exceed three horses regardless of the number of acres exceeding two acres.
D.
The stable shall be defined as a structure on a tract qualifying as a farm for housing livestock and products used for the keeping and handling of livestock. No structure housing livestock shall be located nearer than 20 feet to any adjacent property lines with proper screening or 50 feet to any neighboring dwelling. Stables must be built so as not to create offensive odors, fly breeding or other nuisances.
E.
A planted buffer screen may be required along the dividing line between an applicant's property and that of his neighbor.
F.
Manure from stabled horses or other livestock must be removed from a stable or a similar housing structure three times each week. Manure must be stored a minimum of 25 feet from a stable and 50 feet from the nearest neighboring dwelling. Any stockpile of manure shall not exceed 100 square feet. All stockpiles of manure shall be limed at least once every week.
G.
Fences must be constructed of such materials and in such a manner as to prevent and preclude the escape of livestock. Any application for a building permit for a fence to pen livestock must include, in addition to any other information required, the height, the span between fence posts, a sketch of the proposed fence, the type of material to be used and whether the same has been treated. The Building Inspector shall issue a building permit for any such fence only when, in his discretion, the proposed fence shall adequately prevent the escape of livestock.
H.
For purposes of this section, the term "livestock" shall include the term and concept "animal unit" and shall refer to domestic animals only. Livestock shall be permitted as per the provisions of this section in accordance with the description, number and ratios set forth in the following Table I. An "animal unit" shall be defined to be a large, mature, domesticated animal such as a horse, cow or steer. A horse, cow or steer shall be considered one animal unit. Combinations of different types of livestock are authorized so long as the total densities are not exceeded for the acreage available. Table I establishing the categories and animal unit ratios and descriptions is as follows:
TABLE I Animal Units for Specific Livestock Categories or Type | ||||
|---|---|---|---|---|
Livestock | Animals Per Unit | Remark | ||
Cattle | ||||
Dairy | ||||
1 year or older | 1 | Or cow with nursing calf | ||
Under 1 year | 2 | |||
Beef | ||||
1 year or older | 1 | Or cow with nursing calf | ||
Under 1 year | 2 | |||
Steers (dairy or beef) | ||||
1 year or older | 1 | |||
Under 1 year | 2 | |||
Bulls | 0 | |||
Horses | ||||
All breeds and sexes, 6 months or older | 1 | Includes ponies, mules, burrows, donkeys. Mares with foal until weaned or up to age of 6 months equals 1 unit. | ||
All breeds under 6 months | 2 | (See above remarks) | ||
Sheep | ||||
All breeds, 1 year or older | 5 | Ewe with nursing lamb up to 3 months, 1/5 unit | ||
Lambs over 3 months and up to 1 year | 10 | |||
Goats, all breeds and sexes | Same as sheep (see above) | |||
Swine | ||||
All breeds, over 1 year | 2 | Sow with suckling pigs under 3 months, 1/2 unit (sow is 1/2 unit and suckling pigs under 3 months are 1/2 unit) | ||
All sexes, 3 months to 1 year | 5 | |||
Chickens | 20 | |||
Ducks | 10 | |||
Turkeys | 5 | |||
Geese | 5 | |||
Rabbits | 50 | |||
Small birds, such as pigeons | 50 | |||
I.
Notwithstanding the provisions of Subsections A through G of this section, and in the event that a property contains chickens, ducks, turkeys, geese, rabbits or small birds (such as pigeons), the following pen and stable requirements shall apply:
(2)
Pen or barn, fully enclosed (applicable to chickens, turkeys, ducks and geese):
(a)
Three square feet per chicken and six square feet for ducks, turkeys and geese. The total size of the pen or barn shall depend on the mix of fowl.
(b)
If the poultry or fowl has access to an outside enclosure, 15 square feet per animal. The outside enclosure shall be fenced to contain the fowl to prevent escape.
(3)
Cage or coup (applicable to pigeons): one square foot per bird. The cage or coup shall be separate from a pen or barn.
(4)
Hutch (rabbits):
(a)
For a three-and-one-half-pound to seven-pound mature rabbit, the hutch shall be 2 1/2 feet deep by three feet long and two feet high.
(b)
For a rabbit in excess of seven pounds to an eleven-pound mature rabbit, the size shall be 2 1/2 feet deep by four feet long by two feet high.
(c)
For a rabbit in excess of 11 pounds to a fifteen-pound mature rabbit, the size shall be 2 1/2 feet deep by five feet long by two feet high.
(d)
The hutch shall be separate from cages, coups, pens or barns.
(5)
Pigeons or rabbits may be located outside a cage or coup or hutch in an area which must be fenced or fully enclosed in order to contain the pigeon or rabbit and to prevent escape.
J.
Health requirements. In addition to the requirements of this section and any other provision of the Code of the Township of Mansfield with respect to the care and maintenance of animal waste, animal waste shall be managed in accordance with the recommended management practices established in "Recommended Guidelines for Home Animal Agricultural in Residential Areas" as published and revised by the New Jersey Cooperative Extension Service, New Jersey Agricultural Experiment Station, Cook College, Rutgers, New Jersey, New Brunswick, New Jersey, hereinafter referred to as "recommended guidelines," copies of which are on file in the office of the Township Clerk and available for public inspection during regular business hours. Furthermore, the premises on which animals on residential lots are maintained and kept shall meet and conform to the following health standards:
(1)
The location of any building, stable or other structure for the keeping of animals shall be located so as to preclude odors and sounds from interfering with the comfortable enjoyment of life and property on neighboring premises.
(2)
Buildings, food storage bins, appliances, equipment and such other facilities on premises are to be constructed and maintained in such a fashion as to permit proper cleansing.
(3)
There shall be adequate water supply on the premises to ensure proper sanitation.
(4)
Water or other liquids to which mosquitoes may have access is to be properly treated to prevent their breeding.
(5)
Disposition of animal waste, garbage, refuse or vegetable matter shall be such so as to prevent insects' breeding, rodent infestation, pollution of the air or any body of water or the creation of any other unhealthy or unsanitary condition.
(6)
The Health Officer of the Township of Mansfield shall be authorized to inspect any premises where animals are kept for the purpose of enforcing the provisions herein.
§ 65-95.1 Home office use.
[Added 1-24-2007 by Ord. No. 2007-3][1]
Home office use is an office activity carried on for gain by a resident in a dwelling unit, and shall be a permitted accessory use in residential zone districts, provided:
A.
The use is limited solely to office use;
B.
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
C.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purpose;
D.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
E.
Interior storage of materials shall only consist of office supplies;
F.
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs, or lights;
G.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
H.
The use does not require any increased or enhanced electrical or water supply;
I.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
J.
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;
K.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to the residential uses in the zone district; and
L.
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
[1]
Editor's Note: Former § 65-95.1, Area requirements; percolation tests, added 11-18-1986 by Ord. No. 1986-15, as amended, was repealed 12-27-1996 by Ord. No. 1996-13.
§ 65-95.2 (Reserved) [1]
[1]
Editor's Note: Former § 65-95.2, Lot area calculation, as amended, was repealed 8-16-2017 by Ord. No. 2017-10.
§ 65-95.3 Drainage requirements.
[Added 5-9-1991 by Ord. No. 1991-15]
A.
All lots that are graded shall be graded to allow complete surface drainage off the lot in the same general direction as the existing drainage pattern and/or into local storm sewer systems and natural drainage courses. No regrading of the lot shall be permitted which would create or aggravate water stagnation or a drainage problem on the lot or on adjacent properties. Fill material shall be clean fill or topsoil.
B.
Site plans.
(1)
Prior to the issuance of a building permit for any new main building, except farm buildings for nonresidential use, there shall be submitted to the Construction Code Official for approval a site plan, which shall include the location of the improvements to be constructed and existing improvements and topographical features, including main buildings, sidewalks and driveways, existing grades of all abutting properties, the center-line grade of the road upon which the lot is located, existing or proposed curb grades, existing or proposed sidewalk grades and the proposed grading for all paved as well as unpaved areas. (Existing and proposed contours shall not have more than one-foot intervals.)
(2)
The plan shall also indicate the proposed basement floor elevation, the existing ground elevation at the center of the proposed building location, the proposed elevation at the top of the foundation, existing drainage features in the area and existing or proposed underdrain or storm drainage systems on the property or within 100 feet of the proposed building.
(3)
The drainage design shall be in agreement with the concepts shown on the approved subdivision or site plan.
C.
Unpaved areas around the perimeter of a building shall be graded with at least a three-percent slope for a minimum distance of 25 feet, i.e., nine inches of fall in 25 feet. The distance may be reduced to less than 25 feet but not less than 10 feet, except in R-4 and R-5 Zones, when it may be reduced to not less than five feet, but at no time may the minimum fall of nine inches be reduced unless the overall grading plan indicates:
(1)
Not more than 10% of the area around the circumference of the building fails to meet the above requirements and no downspouts discharge to the nonconforming areas;
(2)
Alternate forms of drainage will be employed, e.g., French drains;
(3)
A comprehensive overall grading plan or a subdivision which requires variations from the standards, e.g., the need for ridge lines running away from a foundation;
(4)
The existence of trees or other landscaping considerations;
(5)
Setback requirements less than 25 feet as permitted by this chapter of the Township of Mansfield;
(6)
Construction which does not include below-grade basements or crawl spaces, e.g., slab construction; or
(7)
Aesthetic qualities of a home site in relation to the street and nearby properties which preclude such grading.
D.
The allowable minimum grade for paved areas adjacent to buildings shall be 1/2 of 1%.
E.
The owner or builder shall provide to the Construction Code Official upon completion of the foundation an as-built plan indicating the actual elevations of the basement floor and the top of the foundation. Further construction of the site may continue prior to receipt by the Construction Code Official of said as-built plan. In the event that said plan shall indicate that the foundation is not in conformance with the approved plan, the owner or builder shall be fully responsible to make said foundation comply with such plan regardless of construction which has occurred prior to the receipt of the foundation as-built plan by the Construction Code Official. The Construction Code Official may approve revisions to the approved plan in order to accommodate conditions discovered or changes occurring during construction, as long as the overall objective is met.
F.
Depending on the drainage conditions in the area and the proposed depth of the basement or crawl space, the Construction Code Official may require additional improvements to accommodate groundwater conditions which may cause basement water problems. If gravity underdrain systems are not available to the development and, in the opinion of the Construction Code Official, high groundwater conditions can be expected which would lead to a danger of interior flooding of the cellar, crawl space or part of the proposed structure, the Construction Code Official may require a pumping system or other recognized method of facilitating the alleviation of subsurface water conditions. Should no satisfactory method be available, the basement or crawl space is prohibited.
G.
Wherever it appears that the proposed method of drainage may carry deleterious substances into sewers, drainpipes, creeks, ponds, streams or other waterways within the Township or where the method of drainage may increase the volume and speed of runoff of water so as to endanger the health and safety of residents of the Township or create a danger of flooding or erosion to properties of abutting landowners or the Township, the Construction Code Official, in his discretion, may require that sediment basins, retention areas or other structures be built to hold said drainage or to decrease the volume and speed of the same prior to the issuance of a building permit.
H.
A permanent certificate of occupancy shall not be issued until the provisions of this chapter have been complied with.
§ 65-95.4 Soil testing.
[Added 12-27-1996 by Ord. No. 1996-13]
A.
All applicants for subdivision and site plans, as further enumerated herein, shall submit to the Township the results of soil sampling for residential and nonresidential direct contact exposure scenarios based on toxicological information regarding human health impacts.
B.
This requirement shall apply to all major and minor site plans and subdivisions, except for the following situations which shall be exempt use variances: sign variances; bulk variances for decks, porches, etc., required for existing uses; minor subdivisions which create no new lots; site plan waivers; minor revisions to existing sites; and sites for which final approval has been granted.
C.
The applicant shall have a certified testing laboratory test for all 107 possible contaminants contained in the New Jersey Department of Environmental Protection's (NJDEP's) Soil Clean-up Criteria, dated February 3, 1994, or subsequent revisions. The testing laboratory shall follow Subchapter 3 of N.J.A.C. 7:26E, Technical requirements for site remediation, to determine the appropriate number of tests.
D.
If any of the contaminants exceed NJDEP standards, the applicant shall either cause the property to be remediated in a manner consistent with New Jersey Department of Environmental Protection Rules and Regulations or, in the alternative, present documentation from the New Jersey Department of Environmental Protection that the property may be developed based upon less than complete remediation but based upon a plan approved by the Department of Environmental Protection.
§ 65-95.5 Telecommunications towers and antennas.
[Added 7-7-2008 by Ord. No. 2008-21]
A.
This section is designed and intended to balance the interest of the residents of the Township of Mansfield with those of telecommunications providers and telecommunications customers in the siting of telecommunications towers and antennas (facilities) within the Township of Mansfield so as to protect the health, safety and integrity of residential neighborhoods and to foster, through appropriate zoning and land use controls, a competitive environment for telecommunications carriers that does not unreasonably discriminate among providers of functionally equivalent personal wireless services and which shall not prohibit, or have the effect of prohibiting, the provision of personal wireless devices.
(1)
Toward that end, the goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas.
(b)
Facilitate the provision of wireless telecommunications services to the residents and businesses of the Township as well as to those individuals traveling through the Township.
(c)
Minimize the total number of towers throughout the community.
(d)
Minimize the adverse visual effects of towers through careful design and siting standards.
(e)
Require the use of existing tower sites (including electric power towers) or predesignated tower properties as sites for new towers or predesignated existing buildings or structures as a primary option rather than construction of additional single-use towers.
(f)
Ensure such towers are sited, constructed and maintained in a manner which poses the fewest hazards to the general public as possible.
(g)
Provide for the timely removal of local communications facilities and restoration of the sites they occupied once they are abandoned or otherwise withdrawn from service.
(2)
In furtherance of these goals, the Township of Mansfield shall give due consideration to the Mansfield Township Master Plan, the Zoning Map and zoning ordinances, existing land uses and inventory map of existing towers and structure in environmentally sensitive areas in approving sites for the location of towers and antennas.
B. ALTERNATIVE TOWER STRUCTURE ANTENNA BACKHAUL NETWORK COLLOCATION COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES EQUIPMENT SHED/SHELTER FAA FCC HEIGHT LATTICE TOWER MONOPOLE PREEXISTING TOWERS AND ANTENNAS PROVIDER TOWER TOWER, MULTIUSER TOWER, SINGLE-USER
Definitions. This section shall delineate the following definitions:
Mounting structures that camouflage or conceal the presence of towers.
Any structure or device used for the purpose of collecting or transmitting electromagnetic waves, including but not limited to directional antennas, such as panels, microwave dishes, satellite dishes and omnidirectional antennas.
The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
Use of a common wireless telecommunications tower or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a wireless telecommunications tower on a structure owned or operated by a utility or other public entity.
Licensed commercial wireless telecommunications services, including cellular, personal communications services, specialized mobilized radio, enhanced specialized mobilized radio, paging and similar services that are marketed to the general public.
An enclosed structure, cabinet, shed or box at the base of the local communications facility within which is housed batteries and electrical equipment.
Federal Aviation Administration.
Federal Communications Commission.
When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna.
A freestanding tower with multiple legs and crossbracing of structural steel.
A single, freestanding pole-type structure, tapering from base to top, and supporting one or more antennas for wireless transmission.
Any tower or antenna for which a building permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
A company that provides wireless services via a local communications facility.
Any ground- or roof-mounted pole, spire, structure, or combination thereof that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including supporting lines, cables, wires, braces and masts. The term includes radio and television transmission towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like.
A tower to which are attached the antennas of more than one commercial wireless telecommunications service provider or governmental entity.
A tower to which are attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required by this section.
C.
Permitted use regulations.
(1)
Permitted as conditional uses in nonresidential zones. Subject to the conditions set forth in this section and to site plan approval, except as otherwise provided below, new telecommunications towers and antennas shall be permitted as conditional uses in all nonresidential zoning districts within the Township of Mansfield. Telecommunications towers and antennas shall not be permitted in the R-1 Residence District, R-4 Village Center District, R-5 Residence District, R-6 Residence District, C-1 Neighborhood Community District, C-2, Highway Commercial District, and C-3 Office/Residential District.
(2)
Preexisting towers and antennas. Wireless telecommunications towers that existed on the date of the adoption of this section (nonconforming wireless telecommunications tower) are subject to the following provisions:
(a)
Nonconforming wireless telecommunications towers may continue in use for the purpose now used but may not be expanded (i.e., by increasing size or height, or by adding additional users) without complying with this section.
(b)
Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor but without otherwise complying with this section. However, should the destruction or damage be determined by the Mansfield Consolidated Land Use Board of Mansfield Township to be of such an extent that it is beyond the scope and intent of the "partial destruction" clause of N.J.S.A. 40:55D-68, then repair or restoration will require compliance with this section.
[Amended 3-5-2020 by Ord. No. 2020-5]
(c)
The owner of any nonconforming wireless telecommunications tower may repair, rebuild and/or upgrade (but not expand such telecommunications tower or increase its height or reduce the setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this section.
(3)
General requirements for towers and antennas.
(a)
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications services within the Mansfield Township area, wireless telecommunications towers, where permitted as a conditional use in accordance with the above, shall be located in accordance with the following locations:
[1]
Existing towers. The first priority location shall be collocation on existing telecommunications towers used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of an electronic communication; provided, however, that locations which meet this criteria shall be subject to the design and citing components of this section, and collocation sites shall not become "antenna farms" or otherwise be deemed by the Land Use Board to be visually obtrusive.
[2]
Publicly used structures. The second priority location shall be on land or structures owned, in order of specific preference, by the Township of Mansfield; the Board of Education of the Township of Mansfield; Board of Education for Northern Burlington County School District, location within Mansfield Township, the County of Burlington; the State of New Jersey; any other state, county or local governmental agencies or bodies. These publicly used structures are preferred locations throughout the Township because they appear in many zoning districts, are dispersed throughout the Township and, due to their institutional or infrastructure uses, are generally similar in appearance to, or readily adaptable for, telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include, but are not limited to, facilities such as municipal buildings, police or fire stations, schools, libraries, community centers, civic centers, utility structures, water towers, elevated roadways, bridges, flagpoles, clock or bell towers and light poles.
[3]
The third priority location shall be wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations, particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunications facility.
[4]
The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the Mansfield Township area.
(b)
The total number of local communications facilities in the municipality shall be the minimum necessary to provide adequate service. As such, no application for construction of a local communications facility shall be approved until the applicant has demonstrated that there is a need for the facility and that there is no such existing, suitable facility within the service area that could be utilized.
(c)
Local communications facilities shall be located in accordance with the visual standards of N.J.A.C. 7:50-5.4(c)4ii-v to the extent feasible and consistent with other provisions contained herein.
(d)
Additionally, if multiple sites for new towers that meet all other qualifications are available, the site with the least visible impact should be selected; if only a single qualifying site is available, the best location on the site that meets all other standards must be used.
(e)
The design and construction of a new local communications facility tower shall adhere to the provisions of N.J.A.C. 7:50-6.103-6.105 regarding setbacks from scenic corridors and in environmentally sensitive areas. Applicants shall employ design strategies intended to mask, disguise or hide local communications facilities towers so that they blend into the natural background to the extent possible.
(4)
Collocation policy.
(a)
Each applicant for a new telecommunications tower shall present documentary evidence regarding the need for wireless antennas within the Township of Mansfield. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within this Township.
(b)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocation sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing building or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation, the cost of which engineer shall be paid from escrow funds supplied by the applicant.
(c)
Applicants proposing to construct new telecommunications towers shall document the locations of all existing telecommunications towers within the Township of Mansfield and surrounding areas with coverage in the Township, as well as any changes proposed within the following twelve-month period, including plans for new locations in the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant seeking to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, as amended, (hereinafter "FTA") cannot be provided without the proposed tower.
(5)
Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(a)
How the proposed location of the telecommunications tower relates to the object of providing full wireless communications services within the Township of Mansfield area.
(b)
How the proposed location of the proposed telecommunications tower relates to the location of any existing antennas within and near the Mansfield Township area.
(c)
How the proposed location of the proposed telecommunications tower relates to the anticipated need for additional antennas within and near the Mansfield Township area by the applicant and by other providers of wireless communications services within the Mansfield Township area.
(d)
How the proposed location of the proposed telecommunications tower relates to the objective of collocating the antenna or many different providers of wireless communications service within the Mansfield Township area.
(6)
State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency, in which case the latter scheduling will control. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(7)
Safety standards building codes. To ensure the structural integrity of towers, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local building codes and the applicable standards for such telecommunications facilities, as amended from time to time, and as may be published by the Electronics Industries Association or such other agency or association having expertise in the field. Owners of towers shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Said inspection shall be conducted by a qualified, independent engineer licensed to practice in the State of New Jersey, and the results of such inspection shall be provided by way of written report to the Township Committee of the Township of Mansfield. Failure to undertake such inspection and/or provide the Township with the aforementioned report shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(8)
Tower setbacks. The following setback requirements shall apply to all telecommunications towers and antennas; provided, however, that the Consolidated Land Use Board of Mansfield Township may reduce the standard setback requirements if the goals of this section would be better served thereby; and, in the event any of the following provisions conflict with one another, then the more strenuous and stringent standards shall apply:
[Amended 3-5-2020 by Ord. No. 2020-5]
(a)
Towers shall meet the setbacks of the underlying zoning district with the exception of the industrial zoning districts, where towers may encroach into the rear setback area, provided that the rear property line abuts another industrially zoned property and the tower does not encroach upon any easements.
(b)
Towers shall be set back from the planned public rights-of-way as shown on the most recently adopted Master Plan of the Township by a minimum distance equal to 1 1/2 times the height of the tower, including all antennas and attachments.
(c)
Towers shall not be located between a principal structure and a public street, with the following exceptions:
(d)
Towers must be set back a distance equal to 1 1/2 times the height of the tower from any off-site residential structure.
(e)
For antennas attached to the roof or a supporting structure on a rooftop, a one-to-one setback ratio (example: ten-foot-high antenna and supporting structure requires ten-foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.
(f)
A tower's setback may be reduced, or its location in relation to the public street varied, at the discretion of the Board to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light standard, power line support device or similar structure.
(9)
Lot size. For purposes of determining whether the installation of a tower or antennas complies with district development regulations, including, but not limited to, setback requirements, lot coverage requirements and such other requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located only on a portion of such lots.
(10)
Abandonment and removal.
(a)
Abandonment.
[1]
Any telecommunications tower and equipment which is not operated for wireless communications purposes for a continuous period of six months shall be considered abandoned, whether or not the owner or operator intends to make use of it, or any part of it, and shall be removed by the facility owner at its costs. The owner of a telecommunications tower and the owner of the property where the facility is located shall be under a duty to remove the abandoned telecommunications tower. If such antenna and/or tower is not removed within 60 days of receipt of notice from the Township notifying the owner of such abandonment, the Township may remove such tower and/or antenna as set forth below.
[2]
If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner must first apply for and receive all applicable permits and meet all of the conditions of this section as if such tower or antenna was a new tower or antenna.
(b)
Removal.
[1]
When an owner of a telecommunications tower and antenna who has been notified to remove same fails to do so within 60 days of receipt of notice from the Township notifying the owner and/or operator of such abandonment and the need to remove same, then the Township may remove such tower and/or antenna and place a lien upon the property for the cost of removal. If removed by the owner, a demolition permit shall be obtained and the facility shall be removed. Upon removal, the site shall be cleaned, restored and regenerated to blend with the existing surrounding vegetation at the time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued for demolition to cover the cost of tower removal and site restoration. The amount of the bond shall have taken into consideration any cost escalation that may be reasonably anticipated.
[2]
Any delays by the Township in taking action under this clause shall not in any way waive the Township's right to take action.
(11)
Principal accessory and joint uses. Accessory structures used in direct support of a telecommunications tower shall be allowed but not used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility. Telecommunications towers may be located on sites containing another principal use in the same buildable area.
(12)
Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type of pole is necessary for the collocation of additional antennas on the tower.
(13)
Additional submission requirements: a report from a qualified expert containing the following:
(a)
A description of the tower and the technical and other reasons for the tower design and height, including cross-sections and elevations.
(b)
Documentation to establish that the tower has sufficient structural integrity for the proposed use at the proposed location and meets the minimum safety requirements and margins according to FCC requirements in their current adopted standards and revisions.
(c)
An indication of the height above grade for all potential mounting positions for collocated antennas and the minimum separation distance between antennas.
(d)
Description of the tower's capacity, including the number and type of antennas that it can accommodate.
(e)
A statement detailing current FCC information concerning wireless telecommunications towers and radio.
(f)
Frequency admission standards as well as information on the projected power density of the proposed facility and how it meets the FCC standards.
(g)
A letter of commitment by the applicant to lease excess space on the tower to other potential users at prevailing rates and standard terms. The letter of commitment shall be recorded prior to the issuance of any building permits. The letter shall commit the tower owner and his successors in interest to this obligation.
(14)
Cessation of use. A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations of the site shall be submitted at the time of the application.
(15)
Visual impact study. A visual impact study, graphically simulating through models, computer-enhanced graphics or similar techniques the appearance of any proposed tower and indicating its view from at least five locations around and within one mile of the proposed wireless telecommunications tower where the wireless telecommunications tower will be most visible, shall be submitted. Aerial photographs of the impact area shall also be submitted.
(16)
Aesthetics. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and surrounding environment. The towers themselves shall be of a color appropriate to the tower's locational context so as to make it as unobtrusive as possible, unless otherwise required by the FAA. To the extent that any local communications facility or its supporting new tower extends above the height of the vegetation immediately surrounding it, it shall be painted in a light gray or light blue hue which blends with the sky.
(17)
Accessory utility buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation except where a design of nonvegetative screening buffer reflects and complements the architectural character of the surrounding neighborhood. A landscape plan shall be submitted for review of proposed screening.
(18)
Landscaping.
(a)
Landscaping shall be provided along the perimeter of a security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. Existing on-site vegetation shall be preserved or improved, and disturbance of existing topography shall be minimized unless such disturbance would result in less visual impact of the site to the surrounding area. Any access road to the local communications facility shall be landscaped or be oriented in such a way as to preclude a direct view of the facility from a public venue.
(b)
The following standards shall apply to clearing and landscaping for construction of a new local communications facilities:
[1]
Clearing of existing vegetation shall be the minimum necessary to allow for access to and operation of the facility.
[2]
The tower portions of local communications facilities which will be located adjacent to residential zones, recreational areas or public roads shall be partially screened at ground level from public view in the following manner:
[a]
One or more rows of evergreen trees, at least five feet to six feet in height when planted, and capable of forming a continuous hedge at least 15 feet in height within five years of planting, shall be spaced not more than seven feet apart around all lattice towers and any monopole more than 50 feet tall.
[b]
Adjacent to residential zones and recreational areas, an additional row of deciduous trees no less than 2 1/2 inches in diameter measured three feet above grade, and spaced not more than 25 feet apart, shall be planted around the evergreen trees.
[c]
The screening shall be maintained and replaced as necessary while the facility is in service.
(19)
Lighting. No lighting is permitted except as follows:
(a)
Equipment, buildings and compounds may have security and safety lighting at the entrance, provided that the light that is attached to the facility is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes.
(b)
No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the FAA, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(20)
Height. The antenna and any supporting structure shall not exceed 200 feet in height, but, if a lesser height, same shall be designed so that its height can be increased to 200 feet if necessary to accommodate other local communications facilities in the future.
(21)
Signs and advertising. No advertising is permitted on a telecommunications tower or accompanying facilities. Only signs for warning or equipment information shall be permitted on any portion of a tower or equipment building.
(22)
Fencing and other security devices. Telecommunications towers and equipment buildings in compounds shall be surrounded with a security fence, including an appropriate anticlimbing device or other similar protective device to prevent unauthorized access to the telecommunications facilities. Additional safety devices shall be permitted or required as needed and as approved by the Board as may be necessary.
(24)
Radio frequency emissions.
(a)
The FTA gives the FCC sole jurisdiction over the field of regulation of radio frequency (RF) emission, and telecommunications towers that meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emissions standards. Applicants for telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(b)
At annual intervals from the date of the issuance of the conditional use permit, the applicant shall submit measurement of the noise and the RF emissions from the local communications facility. Such measurements shall be made by a qualified technician, who shall certify that the measurements are within applicable limits.
(25)
Application requirements.
(a)
Preapplication conference. Early consultation by applicants with municipal officials is encouraged so that all information necessary for an informed decision is submitted and delays are avoided. As such, prior to submission of a development application for approval of a local communications facility in accordance with this section, the applicant may request to convene with the appropriate board at a public meeting in order to discuss the proposed facility in general terms and to clarify the filing requirements. Upon receipt of a written request for a preapplication conference, the board will meet with the applicant at the next regularly scheduled meeting of the board for which adequate public notice can be provided. While there are no formal filing requirements for this conference, the applicant is encouraged to prepare sufficient preliminary architectural and engineering drawings to inform the board of the general location and likely scale and design of the facility. Failure to request such a conference will not prejudice any subsequent consideration by the Board of a formal application.
(b)
Site plan approval by the Consolidated Land Use Board of Mansfield Township shall be required before any new local communications facility may be erected. The following information shall be submitted to the Consolidated Land Use Board of Mansfield Township for its review:
[Amended 3-5-2020 by Ord. No. 2020-5]
[1]
A platted site plan clearly indicating the location (including street address and block/lot), type, method of construction and height of any proposed tower and any accessory structure(s), on-site land uses and zoning; contour lines at no greater than five-foot intervals AMSL; existing structures; land uses and zoning within 200 feet (including adjacent municipalities); any roads within 200 feet; proposed means of access; and setbacks from property lines.
[2]
Photos of the proposed site of the facility showing current conditions.
[3]
The setback distance from the nearest structure.
[4]
A map showing the location of all other local communications facility towers and other structures within the municipality as well as outside of the municipality within a five-mile radius. The applicant shall also identify the height and type of construction of all such structures.
[5]
A landscape plan showing proposed landscaping.
[6]
The location and type of fencing, if applicable, and the type, location, color and power of any illumination.
[7]
An assessment of the suitability of the use of existing towers or other structures within the search area to accommodate the local communications facility in lieu of a tower, if a tower is proposed.
[8]
An assessment of the suitability of the site to accommodate additional equipment sheds and similar needs of other wireless providers who may wish to collocate on the proposed facility.
[9]
Written confirmation from any other wireless providers who have expressed a desire to collocate on the proposed facility that the selected site meets their operational needs and space requirements for equipment sheds and the like.
[10]
Computer simulation models, photographic juxtaposition or a similar technique shall be submitted in support of the application to show how the facility will appear on site and will be used by the appropriate board in determining conformance with the visual impact standards of this section. Such material will also aid in assessing the consistency of the application with N.J.A.C. 7:50-5.4.
[11]
Information required for all other standards of the Land Development Code.
[12]
In the event that the collocation is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Township. The Township may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to the collocation or that a new tower has less visual impact at an alternate site. The cost for such a technical expert will be at the expense of the applicant. The Township may deny approval to an applicant who has not demonstrated a good faith effort to provide for collocation.