Matawan City Zoning Code
ARTICLE XII
Conditional Uses
§ 34-74 APPLICATION.
[Ord. No. 98-21 § 304-74]
a.
General uses listed as a conditional use in a particular district may be permitted by the Unified Planning Board, only after it has determined that the development proposal complies with the conditions and standards set forth in this Article for the location and operation of such use.
b.
The Planning Board shall grant or deny any application for a conditional use within 95 days of submission for a complete application by a developer to the Zoning Official, or within such further time as may be consented to by the applicant.
c.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article III, Site Plan Review, of this chapter. Failure of the Planning Board to act within the 95 day time period shall constitute approval of the application and a certificate of the Zoning Official as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
d.
Whenever review or approval of the application by the County Unified Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a subdivision, or N.J.S.A. 40:27-6.6 in the case of a site plan, the municipal Unified Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Monmouth County Planning Board or approval by the Monmouth County Planning Board by its failure to report thereon within the required time period.
§ 34-75 CLUSTER DEVELOPMENT.
[Ord. No. 98-21 § 304-75]
a.
The purpose of this section is to provide a method of development of residential land which will preserve desirable, usable open spaces for public purposes by permitting the reduction of lot sizes without increasing the number of lots in a subdivision. The Unified Planning Board shall review such proposal and may attach whatever restrictions it deems fit. Such proposal shall be subject to approval by the Mayor and Council. A proposal shall be accompanied by a sketch plan of the proposed development.
b.
Residential developments utilizing cluster provisions for single-family dwellings may be permitted only in the Residential R-100 District.
c.
The proposed development shall follow all applicable procedures, standards and requirements of this chapter. No building permit shall be issued until a final plat of the proposed development or part thereof is approved and recorded.
d.
The Unified Planning Board shall, prior to reaching its decision, solicit the desires of other municipal agencies to determine if they have any proposal for use of such land. Municipal agencies shall make known their requests and desires for the use of the proposed parcel to the Unified Planning Board in writing. Thereafter the Unified Planning Board shall consider the proposal and decide whether to accept or reject the proposal.
e.
The maximum number of dwelling units permitted shall not exceed the number which could be developed under the regular R-100 zoning provisions. A plat shall be filed showing the number of homes which are to be allowed in accordance with density provisions.
f.
The minimum tract size for cluster development is five contiguous acres.
g.
Lands designated for open space and public purposes shall be developed by the developer, in accordance with a site plan approved by the Unified Planning Board, and acceptable for dedication to the Borough by the Governing Body.
h.
The land area to be donated to the Borough shall be determined by the following standards:
1.
It must equal at least 20% of the total tract area.
2.
It must be at least a single usable one-acre parcel located within or contiguous to the tract to be developed.
3.
Open drainage watercourses and measurable floodplain areas which are incorporated into a landscaped plan may be credited at a 50% ratio in the open space area.
§ 34-76 HOUSES OF WORSHIP.
[Ord. No. 98-21 § 304-76]
a.
Houses of worship shall be permitted in all districts. In reviewing the site plan for houses of worship, the Unified Planning Board shall make particular note of ancillary uses, such as social events, recreational activities, convocations and similar activities. Reasonable requirements shall be established to minimize any adverse impact on surrounding areas.
b.
Minimum Lot Area. No lot shall be less than the minimum required in any district.
c.
Minimum Yards. The minimum yards for the zone where the houses of worship are proposed to be located shall be maintained, except that where the uses abut a residence use, the minimum required side yard shall be doubled.
§ 34-77 NECESSARY PUBLIC UTILITIES AND SERVICES.
[Ord. No. 98-21 § 304-77]
a.
Essential services shall be permitted in all zones. Because of the wide range of uses which constitute essential services, no specific regulations are contained in this chapter. Each use shall be evaluated by the Unified Planning Board and standards imposed based on the following:
b.
The Unified Planning Board may require alternate siting arrangements and provisions for parking and loading spaces, screening, fencing, buffers and lighting.
§ 34-77A.1 Purpose and Intent.
[Ord. No. 07-06 § A]
The purpose of this section is to establish guidelines for the siting of wireless telecommunications towers and antennas and ancillary facilities. The goals of this section are to: protect residential areas and land uses from potential adverse impacts of towers and antennas; encourage the location of towers on Borough-owned property where appropriate or in other nonresidential areas; minimize the total number of towers throughout the community; strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; encourage the use of existing buildings, telecommunications towers, light or utility poles or water towers as opposed to construction of new telecommunications towers; encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; ensure that all telecommunications facilities, including towers, antennas and ancillary facilities are located and designed to minimize the visual impact on the immediate surroundings and throughout the community by encouraging users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening and innovative camouflaging techniques; enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; consider the public health and safety of telecommunications towers; and avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. If furtherance of these purposes, the Borough of Matawan shall give due consideration to the Borough of Matawan's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennas.
§ 34-77A.2 Definitions.
[Ord. No. 07-06 § B]
As used in this section:
Shall mean man-made trees, clock towers, bell steeples, flagpoles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Shall mean the buildings, cabinets, vaults, closures and equipment required for operation of telecommunication systems, including but not limited to repeaters, equipment housing and ventilation and other mechanical equipment.
Shall mean any exterior apparatus designed for telephonic, radio or television communications through the sending and/or receiving of electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Parabolic dish antennas used for satellite communications shall not be included within this definition.
Shall mean 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.
Shall mean the area surrounding a telecommunications tower and ancillary facilities which lies between the tower and adjacent lot lines and/or land uses.
Shall mean a company that provides wireless services.
Shall mean two or more receiving and/or transmitting facilities are placed together in the same location or on the same antenna support structure.
Shall mean the Federal Aviation Administration.
Shall mean the area on the ground within a prescribed radius from the base of a wireless telecommunications tower. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.
Shall mean the Federal Communications Commission.
Shall mean cellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
Shall mean a tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
Shall mean, when referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
Shall mean a type of mount that is self-supporting with multiple legs and cross-bracing of structural steel.
Shall mean the type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
Shall mean the structure or surface upon which antennas are mounted, including the following four types of mounts:
Shall mean a facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
Shall mean 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 been approved but have not yet been constructed so long as such approval is current and not expired.
Shall mean an engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
For the purposes of this section, Shall mean the emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 megahertz (MHz) to 300,000 MHz.
Shall mean a telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment (see "alternative tower structure").
Shall mean a facility designed and used for the purpose of transmitting, receiving and relaying voice and data signals from various wireless communication devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
Shall mean the monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
Shall mean any personal wireless services as defined in the Federal Telecommunications Act of 1996 which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.
§ 34-77A.3 Applicability.
[Ord. No. 07-06 § C]
a.
New Towers and Antennas. All new telecommunications towers or antennas in the Borough of Matawan shall be subject to these regulations.
b.
Preexisting Towers or Antennas. Preexisting telecommunications towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections 34-77A10 and 34-77A11, absent any enlargement or structural modification or the addition of any antennas.
c.
District Height Limitations. The requirements set forth in this section shall govern the location of telecommunications towers that exceed, and antennas that are installed at a height in excess of, the height limitations specified for each zoning district.
d.
Public Property. Antennas or towers located on property owned, leased or otherwise controlled by the Governing Authority shall be encouraged, provided that a license or lease authorizing such antenna or tower has been approved by resolution by the Governing Authority. Said approved publicly-owned sites utilized for the purpose of constructing towers and/or antennas shall be treated as engaging in a conditional use under this section.
e.
Amateur Radio Station Operators/Receive-Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.
f.
Satellite Dish Antennas. This section shall not govern any parabolic dish antennas used for transmission or reception of radio signals associated with satellites.
§ 34-77A.4 General Requirements.
[Ord. No. 07-06 § D]
a.
Principal or Accessory Use. Telecommunications antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Borough land use regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
b.
Lot Size. For purposes of determining whether the installation of a tower or antenna complies with zone development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.
c.
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, then 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 90 days of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
d.
Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association and Telecommunications Industry Association, as amended from time to time. If, upon inspection, the Borough of Matawan concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
e.
Not Essential Service. Telecommunications towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities or private utilities.
f.
Collocation Required. The Borough of Matawan mandates that carriers collocate antennas on towers and other structures whenever possible. See subsection 34-77A7 for collocation requirements.
g.
Conditional Use. All telecommunications facilities in the Borough of Matawan shall be conditional uses in accordance with N.J.S.A. 40:55D-67.
h.
Site Plan Required. Site plan approval shall be required for all new telecommunications facilities in the Borough of Matawan, including modifications to or addition of new telecommunications facilities to preexisting towers, buildings or other structures.
§ 34-77A.5 Use Regulations.
[Ord. No. 07-06 § E]
b.
Conditional Use Standards. Wireless telecommunications facilities may be permitted on the above-referenced lands, provided that:
1.
The minimum lot size on which the telecommunications facility is to be located is at least four acres in area.
2.
Lattice towers and any type of guyed tower are prohibited.
3.
Telecommunications towers shall be limited to monopoles without guys designed to ultimately accommodate at least three carriers and shall meet the following height and usage criteria:
c.
Factors Considered in Granting Conditional Use Permits.
1.
In addition to the above standards, the Unified Planning Board shall consider the following factors in determining whether to issue a conditional use permit:
(a)
Proximity of the tower to residential structures and residential district boundaries.
(b)
Nature of uses on adjacent and nearby properties
(c)
Surrounding topography.
(d)
Surrounding tree coverage and foliage.
(e)
Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness, including stealth designs which are encouraged.
(f)
Availability of suitable existing towers, alternative tower structures, other structures or alternative technologies not requiring the use of towers or structures.
(g)
Availability of proposed tower to other potential carriers.
2.
This list is considered to be illustrative in nature and may not include all factors to be considered.
§ 34-77A.6 Site Design Standards.
[Ord. No. 07-06 § F]
The following site design standards shall apply to wireless telecommunications facilities:
a.
New Towers.
1.
Telecommunications towers may not be located closer than 500 feet to any residential zone. Antennas located on Borough-owned parcels or on preexisting buildings or structures are exempt from this requirement.
2.
Fall zone. A fall zone shall be established such that the tower is set back 150% of the height of the tower from any adjoining lot line or nonappurtenant building.
3.
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height. Towers shall also be equipped with appropriate anti-climbing measures.
4.
Landscaping. The following requirements shall govern the landscaping surrounding towers:
(a)
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences or planned residences or any other area frequented by the public. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. However, at a minimum, the facility should be shielded from public view by evergreen trees at least eight feet high at planting and planted in staggered double rows 15 feet on center.
(b)
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced at the sole discretion of the approving authority.
(c)
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large-wooded lots, natural growth around the property perimeter may be a sufficient buffer.
5.
Ancillary buildings. Any proposed building enclosing related electronic equipment shall not be more than 10 feet in height nor more than 200 square feet in area, and only one such building shall be permitted on the lot for each provider of wireless telecommunications services located on the site. Such buildings must satisfy the minimum zoning district setback requirements for accessory structures.
6.
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.
(b)
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 them into the natural setting and surrounding buildings.
7.
Lighting. No lighting is permitted except as follows, which shall be subject to review and approval by the Unified Planning Board as part of the site plan application:
(a)
The building enclosing electronic equipment may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(b)
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.
8.
Signs. No signs are permitted except those required by the Federal Communications Commission, the Electronic Industries Association (EIA) and/or the Telecommunications Industry Association (TIA) or by law, such as warning and equipment information signs.
b.
Antennas Mounted on Existing Structures or Rooftops.
1.
Antennas on existing structures. Any antenna which is not attached to a tower may be attached to any existing business, industrial, office, utility or institutional structure in the GO, GB, IND or RID Zone Districts provided that:
(a)
Side- and roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of an existing building or structure nor project more than 10 feet above the height limit of the zoning district within which the facility is located. Personal wireless service facilities may locate on a building or structure that is legally nonconforming with respect to height, provided that the facilities do not project above the existing building or structure height.
(b)
The antenna complies with all applicable FCC and FAA regulations.
(c)
The antenna complies with all applicable building codes.
(d)
The equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height. In addition, for buildings and structures which are less than 48 feet in height, the related unmanned equipment structure shall be located on the ground and shall not be located on the roof of the structure. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than ten (10%) percent of the roof area. Equipment storage buildings, structures or cabinets shall comply with all applicable building codes.
2.
Aesthetics. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to or closely compatible with the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
c.
Antennas on Existing Towers. An antenna may be attached to a preexisting tower in a nonresidential zone and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following:
1.
A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless reconstruction as a monopole is proposed.
2.
An existing tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.
§ 34-77A.7 Collocation.
[Ord. No. 07-06 § G]
a.
The Borough of Matawan requires that licensed carriers share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for site plan approval for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
1.
A survey of all existing structures that may be feasible sites for collocating personal wireless facilities.
2.
Notification by certified mail of intent to seek site plan approval to all the other licensed carriers for commercial mobile radio services operating in the County.
3.
Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.
4.
A copy of a proposed lease or affidavit of compliance with this section.
b.
In the event that collocation is found to be not technically feasible, a written statement of the reasons for the unfeasibility shall be submitted to the Borough. The Borough may retain a technical expert in the field of RF engineering to verity if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The Borough may deny approval to an applicant that has not demonstrated a good faith effort to provide for collocation.
c.
If the applicant does intend to collocate or to permit collocation, plans and elevations which show the ultimate appearance and operation of the personal wireless service facility at full build-out shall be submitted.
§ 34-77A.8 Location Priorities.
[Ord. No. 07-06 § H]
Wireless telecommunications facilities shall be located and approved in accordance with the following prioritized locations:
a.
The first priority shall be a new monopole on the Borough Hall parcel.
b.
The second priority shall be new towers on lands owned by the Borough of Matawan within the R-75 Zone District or other lands owned by the Borough of Matawan or other public entity.
c.
The third priority shall be an existing building in IND or RID Zone Districts.
d.
The fourth priority shall be new towers on lands not owned by the Borough of Matawan or other public entity located within the GO or GB Zone Districts.
§ 34-77A.9 Site Plan Submission Requirements.
[Ord. No. 07-06 § I]
In addition to the site plan submission requirements of Section 34-15 and other applicable sections of this chapter, the following information shall be submitted in conjunction with site plan approvals for all wireless telecommunications facilities:
a.
Comprehensive Service Plan. In order to provide proper evidence that any proposed location of wireless telecommunications antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Borough of Matawan at the time full service is provided by the applicant throughout the Borough, the applicant shall submit a comprehensive service plan. Said Comprehensive Service Plan shall indicate how the applicant proposes to provide full service throughout the Borough and, to the greatest extent possible, said service plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of telecommunications services within the Borough of Matawan. The comprehensive service plan shall indicate the following:
1.
Whether the applicant's subscribers can receive adequate service from antennas located outside of the borders of the Borough of Matawan.
2.
How the proposed location of the antennas relates to the location of any existing towers within and/or near the Borough of Matawan.
3.
How the proposed location of the antennas relates to the anticipated need for additional antennas and supporting towers within and/or near the Borough of Matawan — by both the applicant and by other providers of telecommunications services within the Borough of Matawan.
4.
How the proposed location of the antennas relates to the objective of collocating the antennas of different service carriers on the same tower.
5.
How the proposed location of the antennas relates to the overall objective of providing full telecommunications services within the Borough of Matawan while, at the same, limiting the number of towers to the fewest possible.
b.
A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), and all properties within the applicable fall zone, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking and other information deemed by the approving authority to be necessary to assess compliance with this section.
c.
Legal description of the entire tract and leased parcel (if applicable).
d.
The setback distance between the proposed tower and the nearest residential unit and residentially zoned properties.
e.
The separation distance from other towers and antennas.
f.
A landscape plan showing specific landscape materials, including but not limited to species type, size, spacing and existing vegetation to be removed or retained.
g.
Method of fencing and finished color and, if applicable, the method of camouflage.
h.
A description of compliance with all applicable Federal, State or local laws.
i.
A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
j.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other telecommunications sites owned or operated by the applicant in the Borough.
k.
A letter of commitment to lease excess space to other potential users at prevailing market rates and conditions. The letter of commitment shall be in form suitable for recording with the County Clerk prior to the issuance of any permit and shall commit the tower owner(s), property owner(s) and their successors in interest.
l.
A visual impact study containing, at a minimum, a photographic simulation showing the appearance of the proposed tower, antennas and ancillary facilities from at least five points within a three-mile radius. Such points shall be chosen by the carrier with review and approval by the Planning Board Planning Consultant to ensure that various potential views are represented.
m.
An analysis of the RFR levels at the facility as a means of assessing compliance with the FCC RF safety criteria. This analysis shall:
1.
Take into consideration all collocated radio transmitting antennas and/or nearby antennas that could contribute to RFR levels at the facility.
2.
Be performed by a RF engineer, health physicist or similar knowledgeable individual.
3.
Follow current methods recommended by the FCC for performing such analyses.
§ 34-77A.10 Monitoring and Maintenance.
[Ord. No. 07-06 § J]
a.
After the wireless telecommunications facility is operational, the applicant shall submit, within 90 days of beginning operations, and at annual intervals from the date of issuance of the building permit, existing measurements of RFR from the wireless telecommunications facility. Such measurements shall be signed and certified by a RF engineer, stating that RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards section of this bylaw.
b.
The applicant and co-applicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include but shall not be limited to painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping.
§ 34-77A.11 Abandonment or Discontinuation of Use.
[Ord. No. 07-06 § K]
a.
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier shall notify the Borough Clerk by certified United States mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than 30 days prior to abandonment or discontinuation of operations. In the event that a licensed carrier fails to give such notice, the wireless telecommunications facility shall be considered abandoned upon discontinuation of operations.
b.
Upon abandonment or discontinuation of use, at the option of the Borough, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. Physically remove shall include, but not limited to:
1.
Removal of antennas, mount, equipment shelters and security barriers for the subject property.
2.
Proper disposal of the waste materials from the site in accordance with local, County and State solid waste disposal regulations.
3.
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
c.
If a carrier fails to remove a personal wireless service facility in accordance with this section, the Borough shall have the authority to enter the subject property and physically remove the facility. The Unified Planning Board will require the applicant to post a bond at the time of approval to cover costs for the removal of the personal wireless service facility in the event that the Borough must remove the facility.
§ 34-77A.12 Condition of Approval.
[Ord. No. 07-06 § L]
Any approvals granted by the Borough of Matawan shall contain the following conditions:
a.
Construction plans, details and structural computations are required for any proposed tower or monopole structure prior to commencement of construction. The information shall be reviewed and approved by the Borough Engineer. The cost of the review shall be charged to the applicant's escrow account.
b.
Prior to issuance of a Certificate Occupancy as-built drawings in print and electronic form (preferably AutoCADD format) shall be provided to the Borough for any proposed tower or monopole structure.
§ 34-78 GASOLINE OR SERVICE STATIONS; GARAGES.
[Ord. No. 98-21 § 304-78]
a.
No gasoline or other motor fuel service or filling station, public garage or commercial garage shall be erected, constructed, established, maintained or operated within 500 feet of any of the following: a public school or playground or lands owned by the Board of Education for school or playground purposes; a duly organized school giving regular instruction at least five days a week (holidays excepted) for eight or more months a year; hospital; church; orphan asylum, nursing or rest home; public library; theater or opera house or other building used for theatrical or operatic purposes or for public entertainment; municipal building housing the public offices of the municipality; or any public playground or athletic field.
b.
No gasoline or other motor fuel service or filling station, public garage or commercial garage shall be erected, constructed, established, maintained or operated within 1,000 feet of any other such gasoline or other motor fuel service or filling station, public garage or commercial garage.
c.
No gasoline or other motor fuel filling appliance shall be located within 10 feet of a street line or within five feet of any adjacent property line.
d.
No existing gasoline or other motor fuel service or filling station, public garage or commercial garage shall be deemed to become a nonconforming use through the existence at the present time of aforesaid such school or schools, hospital, church, orphan asylum, nursing or rest home, public library, theater or opera house or other building used for theatrical or operatic purposes or for public entertainment, a municipal building or any public playground or athletic field, as set forth above, or any other gasoline or other motor fuel service or filling station, public garage or commercial garage within the aforesaid prescribed area for each or through the subsequent erection of aforesaid such school or schools, hospital, church, orphan asylum, nursing or rest home, public library, theater or opera house or other building used for theatrical or operatic purposes or for public entertainment, a municipal building or any public playground or athletic field within the aforesaid prescribed area, and nothing hereinabove contained shall be construed to prevent or bar the reconstruction or alteration of any such previously existing gasoline or other motor fuel service or filling station, public garage or commercial garage.
§ 34-79 PAROCHIAL AND PRIVATE SCHOOLS.
[Ord. No. 98-21 § 304-79]
a.
The minimum lot size for any school shall be two acres in size.
b.
The school shall be connected to public water and sewer.
c.
The site shall include or be in close proximity to open space which can be used for active recreation.
d.
All areas designed for potentially noisy activities shall be sufficiently sound-insulated or separated from adjacent residential structures so as to avoid any noise nuisance.
§ 34-80 HOSPITALS.
[Ord. No. 98-21 § 304-80]
Hospitals shall be permitted upon authorization by the Unified Planning Board in accordance with the following standards and site plan review:
a.
Said use will have direct access to a major thoroughfare or major collector street as defined in this chapter.
b.
Minimum lot size shall be five acres.
c.
Minimum lot width shall be 200 feet.
d.
Maximum percent lot coverage shall be 25%.
e.
Maximum building height shall be four stories or 50 feet.
f.
Maximum front, rear and side yard areas shall be 100 feet.
§ 34-81 ELEEMOSYNARY, CHARITABLE AND PHILANTHROPIC INSTITUTIONS.
[Ord. No. 98-21 § 304-81]
Approval of eleemosynary, charitable and philanthropic institutions shall be determined at the discretion of the Unified Planning Board on a case-by-case basis. However, unless specifically waived or modified by the Unified Planning Board, the bulk and yard requirements of the zone in which the proposed use is to be located shall apply.
§ 34-82 RESIDENCES FOR DEVELOPMENTALLY DISABLED AND COMMUNITY SHELTERS FOR VICTIMS OF DOMESTIC VIOLENCE.
[Ord. No. 98-21 § 304-82]
a.
In accordance with N.J.S.A. 40:55D-66.1, no community residence for the developmentally disabled and no community shelter for victims of domestic violence shall house more than six persons, excluding resident staff, unless a conditional use permit has been issued by the Unified Planning Board for the use or conversion to use of a dwelling unit to such a community residence or shelter.
b.
An applicant for a conditional use permit shall file an application for development which shall be the subject of a public hearing at the Unified Planning Board following the required notice and service requirements for an application for development as more particularly set forth in subsections 30-3.5 and 30-3.6 of Chapter 30, Land Use Procedures. In each case, the decision of the Unified Planning Board shall be reasonably related to the health, safety and welfare of the residents of the zoning district in which the proposed use is to be located. Before granting such a conditional use permit, the Unified Planning Board shall make specific findings of fact including, but not limited to the following:
1.
The proposed area shall be sufficient for the intended purpose.
2.
Adequate parking facilities shall be provided.
3.
Means of ingress and egress shall be adequate to prevent traffic hazard, congestion or excessive interference with normal traffic movement on adjacent public streets and thoroughfares.
4.
The building and use shall be appropriately located and designed and will meet a community need without adversely affecting the neighborhood.
5.
In accordance with N.J.S.A. 40:55D-66.2, no more than 15 persons other than resident staff shall be permitted in the residence.
6.
The applicant shall satisfy the Unified Planning Board as to the adequacy of all items required in an application for site plan approval, including but not limited to drainage, illumination, sewerage, landscaping and all other items required for site plan approval.
7.
The Unified Planning Board shall consider appropriate buffering of the property.