Mansfield Township City Zoning Code
ARTICLE XIII
General Provisions Applicable in Specific Zones
§ 363-77 Cluster/open space zoning.
A.
Intent. The intent of this section is to permit the creation of single-family detached dwellings on smaller lots than would otherwise be permitted within certain districts for the purpose of creating open space in usable areas and quantities, preserving desirable natural features and tree cover, and encouraging high quality of lot layout, planning and land design which will stabilize and enhance the character of the district of which the dwellings are a part, and to preserve the health, welfare and safety of the entire community.
B.
Provisions and requirements. The following special provisions shall be satisfied before a cluster residential development shall be approved as a conditional use in the R-1 or R-2 Zone:
(1)
Total land area. The proposed cluster residential development shall embrace a minimum contiguous land area of 25 acres.
(2)
Area, lot and bulk. Each lot and structure thereon within a cluster residential development shall meet the following requirements:
Principal Building Minimum | R-1 | R-2 | |
|---|---|---|---|
Lot area | 1.5 acres | 17,000 | |
Lot frontage | 100 feet | 50 feet | |
Lot width | 150 feet | 100 feet | |
Lot depth | 150 feet | 150 feet | |
Side yard, each | 20 feet | 15 feet | |
Front yard | 75 feet | 50 feet | |
Rear yard | 50 feet | 50 feet |
Accessory Building, Minimum | R-1 | R-2 | |
|---|---|---|---|
Distance to street line | 75 feet | 50 feet | |
Distance to sideline | 20 feet if in side yard | 15 feet if in side yard | |
Distance to rear line | 5 feet if in rear yard | 5 feet if in rear yard | |
Distance to principal building | 10 feet | 10 feet | |
Distance to other accessory buildings | 6 feet | 6 feet |
(3)
Subdivision approval. Subdivision approval for the cluster residential development shall required in addition to site plan approval.
(4)
Underground utilities. The entire project shall designed and constructed to provide full public utility services, including central sewerage, water supply and stormwater drainage, as well as electricity, telephone and, where desired, CATV cables. All utility service systems shall be installed underground, except that, in cases where the Board, because of soil conditions or other special physical site problems, determines that this requirement would be unreasonable or not feasible, it may waive the underground installation requirement for one or more such utility services.
(5)
Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required for a conventional subdivision shall be provided as approved by the Board.
(6)
Detached single-family dwellings. Only detached single-family dwellings shall be constructed and occupied in a cluster residential development.
(7)
Open space. An area or areas, shown on the site plan of the entire development and approved by the Board, shall be dedicated irrevocably for use as common open space within the cluster residential development for the benefit of the residents of such development.
(a)
The total area of such common open space shall be equivalent to the difference between the total area of all platted lots shown on the cluster residential development site plan and the total area which would be produced by multiplying the total number of platted lots by the minimum lot area required in a conventional subdivision in the same zone or 20% of the gross land area of the entire cluster residential development, whichever is greater.
(b)
Usable common open space shall be provided and shall constitute at least 50% of the total common open space and shall conform to the following:
[1]
There shall be at least one contiguous parcel of common open space, having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet, having a minimum area of 5% of the total land area, or three acres, whichever is greater, consisting of well-drained, reasonably level land, suitable for recreational use.
[2]
Each additional parcel of usable common open space shall contain an area of at least one acre and shall have an access strip at least 25 feet in width with frontage on a street.
[3]
At least 50% of the usable common open space shall be improved for recreational purposes by the installation of facilities and or equipment such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf courses, playfields for team sports, children's playground equipment and similar improvements. No such facility shall be placed so that any part thereof is within 100 feet of a residential property.
[4]
The recreational facilities shall be designed to provide 100 user days per year per dwelling unit.
[5]
Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved site plan of the entire development in a manner and rate consistent with the development of the subdivision. The developer shall complete various stages or portions of the improved common open space, and facilities to constructed thereon, prior to final subdivision plat approval of any section of the cluster residential development.
[6]
All land to be devoted to usable common open space shall be reasonably usable for the purpose proposed. Undrained swampland, or land with a slope in excess of 6% or other peculiar topographic characteristics, which cannot be reasonably used for any recreational purpose shall not qualify for inclusion in common open space, nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties, and subject to aboveground storm drainage, shall not be included in the minimum usable open space requirements. Land subject to aerial utility line easements shall not compromise more than 33% impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
§ 363-78 Lot averaging.
A.
Intent. The intent of this section is to permit the creation of single-family detached dwellings on smaller lots than would otherwise be permitted within certain districts for the purpose of preserving desirable natural features and tree cover, and encouraging high quality of lot layout, planning and land design which will stabilize and enhance the character of the district of which the dwellings are a part, and to preserve the health, welfare and safety of the entire community. The deed for any lot so created shall contain a restriction against its further subdivision for the purpose of creating an additional lot or lots, except when such further subdivisions would be allowed by amendment to this chapter.
B.
Criteria for minimum lot size reduction.
(1)
The Planning Board shall not approve any subdivision involving a reduction in the minimum lot size requirements unless said subdivision meet all of the following criteria and standards:
(a)
The minimum size of the tract shall be 25 acres.
(b)
The subdivision shall not result in any greater number of lots than would be yielded by conventional subdivision (without lot reduction) as demonstrated by a concept plan of such a conventional subdivision.
(c)
Each lot shall have a gross lot area as set forth in the specific zone regulations.
(d)
All lots shall meet the minimum requirements within the zone but shall also include within each lot an area which is free of constraints. Constraints which shall be considered shall be wetlands and buffers, floodways, flood fringes and associated buffers, slopes greater than or equal to 15%, rock outcroppings, high seasonal groundwater and shallow depth to bedrock. The constraint-free area shall meet the following requirements:
[1]
Where the lot is served by water and sewer, the minimum constraint free area shall be 1/2 acre (21,780 square feet).
[2]
Where the lot is not to be served by water and sewer, the minimum constraint free area shall be 3/4 of an acre (32,670 square feet).
[3]
A minimum of 1/2 of the constraint-free land shall be within the minimum required yards.
[4]
The constraint-free area shall be contiguous and shall be of such a shape that the length to the width shall not be in a ratio of greater than 4 to 1.
[5]
The Planning Board shall have the authority to allow in certain specific instances variations from the shape parameters and the requirement that the constraint-free area be contiguous, provided the applicant can demonstrate that a dwelling can be constructed on the parcel having the following improvements in constraint-free areas:
[a]
Primary and reserve septic system;
[b]
Well meeting the one-hundred-foot minimum required isolation distance from the septic system;
[c]
Area for the dwelling with an area adjacent to the dwelling for recreation purposes;
[d]
Area adjacent to the dwelling for the maneuvering of automobiles.
[6]
In no case shall the constraint-free area be less than the minimum required herein.
(e)
Each lot shall be served by a driveway meeting the requirements of Chapter 167, Driveways.
(f)
Development in a lot-averaging subdivision shall be limited to single-family detached dwellings.
(g)
All lots exceeding the required minimum lot area for the zoning district shall be deed-restricted against further subdivision.
§ 363-79 Buffering.
Buffering shall be provided in all zones except R-1, R-2, R-3, as follows:
A.
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all nonresidential uses developed in this zone except as herein provided. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 361-84.
B.
Adjoining parking lots. A buffer strip shall not be required along a lot line between parking lots of business uses within this zone, provided that passage between the parking lots is permitted, and further provided that where the combined width of the two parking lots exceeds 120 feet, a landscaped island shall be located within the parking lot which shall be a minimum of 10 feet in width and run the depth of the parking lot except for vehicular aisles.
C.
Screening and buffer strip. Whenever a use abuts any residential zone or use, the buffer strip required in § 361-84 shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 361-85. The screening and buffer strip shall be a minimum of 75 feet wide.
§ 363-80 Wireless telecommunications towers and facilities.
[Added 11-14-2001 by Ord. No. 2001-18]
A.
Monopole tower construction shall be encouraged in all new tower construction. Additionally, applicants shall be required to use the latest stealth or camouflaging techniques. All towers shall be fitted with anticlimbing devices.
B.
Accessory structures or uses:
(1)
Permitted uses: accessory equipment facilities.
(2)
Maximum height: 16 feet or one story; eave height: 10 feet.
(3)
Maximum area: 600 square feet per service provider.
(4)
Location: all equipment facilities shall be located immediately adjacent to the tower it services.
(5)
Fencing. All equipment facilities and tower bases shall be enclosed with a solid wood fence of at least six feet in height, but no higher than eight feet unless otherwise approved by the Township Engineer. All fences shall include a locking security gate. A key to the gate shall be supplied to each of the fire companies serving the Township of Mansfield.
C.
General conditions applying to all towers and antenna.
(1)
Noise levels. All noise generated by a tower and/or the equipment facilities shall meet the minimum standards contained in this chapter or in all state, federal or local noise regulations, whichever is most stringent.
(2)
Annual report. Upon the issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Township Engineer and the Township Committee an initial report signed and sealed by a licensed professional engineer certifying the estimated useful structural life of the tower as well as providing an initial inventory of all equipment and antennas on the site. After 50% of the useful structural life has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antenna arrays are modified and shall include a detail listing of all antennas and equipment. All vendors, operators and lessees shall also be required to notify the Township Committee when the use of any such antennas or equipment is discontinued. If any of the reports disclose that a condition of any tower presents an imminent hazard to the public health, safety or welfare, or that the tower antennas and equipment are no longer in use, the owner shall, and the Township Engineer may order in his discretion, the tower or site upon which it is located, take appropriate corrective action including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunication towers and sites shall be maintained to insure continued structure integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance.
(3)
Abandonment and removal. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Mansfield notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within 90 days shall be grounds for the Township of Mansfield to require removal of the tower or antenna at the owner's, operator's or property owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Township of Mansfield. The Township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer for such construction as required under all state and local codes and ordinances.
(4)
Signs prohibited. No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any equipment, antenna, building or tower.
(5)
Lighting. No lighting is permitted except as follows:
(a)
The equipment building and compound may have security and safety lighting at the entrance, provided the lighting is attached to the facility, is focused downward and is wired with a timing device and/or sensor so that the light is turned off when not needed for safety or security purposes.
(b)
No lighting is permitted on the wireless communications tower.
(6)
Generators. Any generator located on site shall be enclosed within a portion of the electronic equipment building. Any fuel storage shall be done in compliance with federal and state regulations and shall be limited to fuel stored within the primary fuel tank provided by the manufacturer of the generator. No auxiliary or supplementary fuel storage shall be permitted.
(7)
Multiple towers and uses. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall not apply to the construction of wireless telecommunications towers and facilities when the conditions contained in this section are met.
(8)
Site location analysis. Every application for a wireless telecommunications tower or antennas shall include a site location alternative analysis including an analysis of the location priorities describing the locations 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 wireless telecommunication tower or antennas relates to the objective of providing full wireless communication services within the Township of Mansfield area at the time full service is provided by the applicant and by other providers within the Township area.
(b)
How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Township area.
(c)
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within and near the Township area by the applicant, and by other providers of wireless services within the Mansfield Township area.
(d)
How the proposed location of the wireless tower/facility relates to the objective and goal of retaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated taller towers with many users at greater tower heights at random locations throughout the Township.
(9)
Additional municipal experts. The Mansfield Township Planning Board reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a wireless telecommunications tower or facility, the applicant is deemed to have consented to this procedure.
D.
Co-location on existing towers and structures.
(1)
Antennas may be attached to existing towers and structures. Structures may include existing radio towers, high-tension line towers, steeples, belfries, silos, water tanks and similar structures.
(2)
To minimize the visual impact associated with the proliferation and clustering of towers, co-location of one or more provider's antenna on an existing tower shall take precedence over the construction of new towers.
(3)
Antennas may be placed on existing structures, except existing radio and telecommunications towers subject to the following specific requirements:
(a)
Antennas shall be mounted below the top of the existing structure; provided, however, in those instances where appropriate the height of the antenna may exceed the top of the existing structure by no more than the height of the antenna plus three feet if required for mounting hardware.
(b)
All antennas mounted to other than existing towers shall be mounted and designed in such a manner as to minimize the visibility. Where feasible, the antennas shall be incorporated within the existing structures.
(4)
Enlargement of existing towers.
(a)
A tower which is modified or reconstructed to accommodate the co-location of additional antennas shall be of the same type as the existing tower; provided, however, that the height of the modified or reconstructed tower shall not exceed the height of the existing tower.
(b)
Any new tower or reconstructed tower approval shall provide for future co-location as set forth herein. Co-location by two or more providers shall be permitted on one tower, provided that by co-locating, all conditions of this section are satisfied.
(c)
In the event a proposed tower for an existing or future co-location cannot be constructed within the permitted height limitations, then such co-location is prohibited and an alternate site or method shall be used.
(d)
No tower may be designed or built to co-locate with another provider at a height greater than the maximum permitted by this section.
(e)
In the event any co-location is proposed, a letter of commitment shall be filed by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded with the Warren County Clerk as a deed prior to the issuance of a building permit and shall be binding upon the tower owner, property owner and successors in interest.
(f)
A tower which is rebuilt or modified to accommodate co-location may be moved on-site within 50 feet of its existing location, provided the new location complies with all setback requirements set forth herein.
(g)
A relocated on-site tower shall continue to be measured from the original tower location for purposes calculating separation distances between towers pursuant to this section.
