Millstone Township City Zoning Code
ARTICLE 6
Conditional Uses
§ 35-6-1 CONDITIONAL USES - AUTHORIZATION AND PROCEDURE.
It is well recognized that certain uses, while necessary for the convenience of the citizens of the Township, if located without proper consideration for existing conditions and surrounding developments, may have an adverse effect on the public health, safety and welfare of the community. These uses are designated as conditional uses and are subject to the conditions hereby established. Conditional uses as enumerated, shall be permitted only upon final approval by the Township Planning Board.
§ 35-6-1.1 Applications.
Before any permit shall be issued for a conditional use, an application shall be made to the Planning Board. Where an application for a conditional use involves a subdivision or site plan, a joint application shall be submitted and a combined application fee paid.
§ 35-6-1.2 Planning Board Review; Required Findings of Fact.
In reviewing a conditional use application the Board shall consider and be guided by the following to ensure that the conditional use requested meets the minimum criteria established. The Board, in its resolution of approval or denial, shall address each of the following minimum criteria in its Findings of Fact:
a.
The use for which an application is being made is specifically listed as a conditional use within the Zone where the property is located.
b.
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to: the compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood; the number of employees or users of the property; the potential effect that the proposed use(s) will have upon property values; the adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards; the structural location(s) and orientation(s); the need for such facility or use(s) to serve the area in which it is to be located; the adequacy of proposed drainage facilities which will serve the use(s) and/or structure(s); the adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties; and the adequacy of proposed outdoor lighting.
d.
Compliance with the standards, principles and objectives of the Master Plan of the Township.
e.
All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this article.
f.
Conditional uses shall adhere to the additional standards specified for the particular use under this section.
§ 35-6-1.3 Additional Requirements; Time Limit.
In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Board. In the granting of conditional uses, a time limit of one year from the date of the approval shall be set within which time the owner shall secure a building permit, otherwise, the conditional use permit granted shall be null and void.
§ 35-6-1.4 Required Public Hearing; Time Period for Decision.
a.
Within 45 days after the receipt of a conditional use application the Planning Board Administrative Officer shall deem same complete or incomplete. If the application is incomplete it shall be returned to the applicant with the reasons for its incompleteness so stated in writing.
b.
The Planning Board shall grant or deny a conditional use application within 95 days of submission of a completed application or within such further time as may be consented to by the applicant in writing. Failure of the Planning Board to act within the period prescribed by law shall constitute approval of the application and a certificate as to the failure of the Planning Board to act shall be issued by the Administrative Officer on request of the applicant. The certificate shall be sufficient in lieu of a written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing, if necessary.
c.
Prior to taking any action on an application for a conditional use permit, other than deeming same complete or incomplete the Planning Board shall schedule a public hearing on the application.
d.
The rules, regulations and procedures for the public hearing applicable to both the Planning Board and the applicant shall be as set forth in Article 3, Administration and Procedures, of this chapter.
§ 35-6-1.5 Special Requirements.
The following special requirements shall be complied with by any applicant for a conditional use permit. All other restrictions for the Zone in which the property is located shall be complied with.
§ 35-6-2 CONDITIONAL USES.
The following uses are conditional uses in accordance with N.J.S.A. 40:55D-67.
§ 35-6-2.1 Public Utilities.
Public utility uses such as water plants, sewerage disposal plants, pumping stations, dumps, sanitary landfills, high voltage transmission lines and towers, electric substations, telephone exchanges, and telephone repeater stations, but not service or storage yards, may be permitted, provided that:
a.
Proof is furnished that the proposed installation in the specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood in which the particular use is to be located.
b.
The design of any building in connection with such facility conforms to the general character of the residential area and will in no way adversely affect the safe and comfortable enjoyment of property rights of the Zone in which it is located.
c.
Adequate and attractive fences and other safety devices will be provided and that sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.
§ 35-6-2.2 Golf Courses.
A golf course may be permitted provided that:
a.
The proposed establishment is to be private, club-type facility for a membership of restricted size and proper assurance is given that this status of the establishment will be perpetual.
b.
The size of the membership is to be limited to an amount commensurate with the scale of the facility to be provided as approved by the Planning Board.
c.
Appropriate accessory facilities may be provided, including dining facilities, swimming pools, tennis courts and other such areas for active recreation provided that the Planning Board finds that such facilities are located in such a manner on the tract as will not adversely affect adjoining residential properties. In no case shall any of the above facilities be located within 200 feet of a property line.
d.
Off-street parking facilities shall be provided on the property sufficient at all times to meet the parking requirements of this chapter. Such parking facilities shall not be located within 500 feet of any property line or within 200 feet of a street line.
§ 35-6-2.3 Liquefied Petroleum Gas.
The sale and distribution of liquefied petroleum gas may be permitted provided that:
a.
The site on which the use is proposed includes a minimum of three acres.
b.
The applicant demonstrates that there is a need for the commodity in the surrounding residential community.
c.
The applicant can demonstrate that the proposed location and method of operation will not constitute a hazard by virtue of fire and explosion to the surrounding neighborhood.
d.
All storage areas, both for bulk storage and portable tanks shall be located not less than 100 feet from any street or property line.
e.
The number of portable tanks stored on the property shall not exceed a quantity necessary to maintain proper service to the anticipated service area.
f.
The maximum amount of bulk storage of liquefied petroleum gas shall not exceed 30,000 gallons.
g.
All bulk storage tanks shall be installed underground and in a manner which will include all reasonable precautions to prevent leakage. In addition, such installations shall conform to all applicable regulations of the State of New Jersey. Documentation shall be submitted indicating that the plans have been reviewed by the Department of Labor and Industry and approved by that agency.
h.
Documentation shall be provided that the contemplated method of transfer of liquefied petroleum gas from delivery trucks to bulk storage tanks and from bulk storage tanks to portable tanks will not constitute any hazard from fire or explosion to the surrounding neighborhood.
§ 35-6-2.4 Gasoline Service Stations.
[Ord. No. 2015-10]
a.
Each application for a conditional use for an automobile service station must contain the name and address of the applicant, the location of the property, with a Lot and Block number and must be accompanied by a complete set of the plans drawn accurately to a scale of one inch equaling not more than 10 feet on the ground, and the plans must accurately show an outline of the property upon which the facility is to be placed, all curbs, and the relative elevations of gutters, top of curb and sidewalk adjacent thereto, all existing trees, their size and kind; fire hydrants, water shut off boxes, storm and sewer outlets and any other structures existing in the streets immediately adjacent to the property.
b.
Plans must also be submitted to show proposed location of pumps, tanks, buildings, wash racks, lubrication bays, air hose and any other equipment applicant proposes to install on the property, and the distance in feet and inches from such structures and equipment to the street line; storage tanks shall be underground.
c.
The location, width and materials of construction of the driveways which the applicant proposes to build from the curbline to the property and a profile showing their respective relations in elevation to the existing or proposed walks and gutters must also be shown on the plans and there must be included in the plan an elevation of the main building, showing its general architectural style and the materials and color of the exterior.
d.
The plans shall also make provisions for the following:
1.
The maximum width of any driveway shall not exceed 30 feet where the driveway crosses the outer sidewalk.
2.
Pumps, air hose, and any equipment used in serving cars, if set parallel to the street line, shall not be located nearer than 50 feet from the inside sidewalk line or within 25 feet of an adjacent property line. If any of the equipment is set at an angle to the street line, it shall not be located nearer than 25 feet from the inside sidewalk line.
3.
If the placement of equipment is such that a car may stand on the walk during servicing or when entering or leaving the station drive over a portion of the walk not included in this regular driveway, a curb not less than four inches in height shall be placed on the property abutting the street extending the full length of such portion of the walk as may be subject to such condition.
4.
A hard surface such as concrete or asphalt shall be required for the paving of all driveways.
5.
Existing walks may be changed as to grade only when such damage is not disadvantageous to the adjoining walk and properties, and then only upon permission and at a grade set by the Engineer.
6.
In all of the above conditions, it is presumed that the inside of the sidewalk is on the street line. In locations where the walk is in the street, on the property line shall prevail and shall be used as the line to which distances are measured.
7.
In the event that a curb does not exist adjacent to the property, a curb may be built if the applicant so desires but only on line and grade and of the cross section and materials designated by the Engineer.
8.
Where driveways interfere with drainage of the street, as in the moving or removal of catch basins, permission shall be granted only when such change is made with the approval of and according to plans prepared by the Engineer. Cost of such plans to be paid by the applicant.
9.
The removal of trees with a diameter of six inches or larger measured three feet above ground level must be recommended and approved by the Planning Board.
10.
The design of the structure must be compatible with existing developments in the area in which located and must comply with the Uniform Construction Code.
11.
The property upon which the gas station is to be built shall have a minimum frontage of 250 feet with a minimum depth of 150 feet.
12.
No automobile service station shall have an entrance or exit for vehicles within 200 feet along the same side of the street of any school, public playground, church, hospital, public building or institution. All appliances, pits, storage areas and trash facilities other than gas and filling pumps or air pumps shall be within the building. All lubrication, repair or other similar activities shall be performed in a fully enclosed building.
13.
In cases where a conditional use permit shall be issued for the operation of an automobile service station the premises shall not be used for the storage for junk motor vehicles, vehicles incapable of normal operation or unregistered and it shall be prima facie evidence of the violation of this chapter if more than three motor vehicles incapable of operation or which are unregistered are located at any one time upon any premises and not within a closed or roofed building excepting however, a number not exceeding four motor vehicles may be located upon any automobile service station for a period not to exceed 48 hours provided that the motor vehicles are awaiting repair by the owners thereof. Landscaping shall be provided for the front yard area equal to at least 25% of the front yard area and such landscaping shall be simply distributed throughout the entire front area. The exterior display and parking of motor vehicles, trailers, boats, or other similar equipment for sale or rent purposes shall not be permitted as part of a service station.
14.
Employee parking must be provided on the premises.
15.
All repair work will be carried on within an enclosed building. Bays shall not face a street.
16.
Inoperative vehicles shall be stored in an area screened from the public street or private property by fencing or landscaping materials.
17.
Upon the granting of the conditional use as hereinabove provided and upon site plan approval as required in this chapter the applicant may then make application for a building permit from the Construction Official. The applicant must comply with all other pertinent State and local regulations, County Planning Board requirements as well as ordinances and codes of the Township.
e.
Where gasoline stations are permitted, one freestanding sign shall be permitted, provided such sign shall not exceed 65 square feet in area per side and shall be erected not less than 14 nor more than 22 feet above the ground. A minimum setback of 15 feet shall be required from any lot line or right-of-way line.
1.
The freestanding sign may have a supplementary price sign provided that it is mounted on the same support structure as the freestanding sign, that the price sign does not exceed 25 square feet in sign area, and that the lowest part of the price sign is at least eight feet above grade.
2.
The price per gallon or liter on the price sign may be illuminated by LED (light-emitting diode lamp), provided that the maximum level of illumination does not exceed 0.3 footcandles above the ambient light condition. A dimming module shall be incorporated in any LED signage electronics in order to dim the intensity of the LED lighting on the subject site.
3.
The LED sign, once installed and operational, is subject to inspection by the Township Construction Official and/or Zoning Officer in order to verify construction and lighting intensity and to require the level of illumination to be reduced if the lighting is deemed too bright. All LED electronics shall be housed in a weather-proof cabinet not exceeding 6.5 feet in height.
4.
In addition to the freestanding sign permitted herein, gasoline stations which have a canopy over the pump islands shall be permitted one sign on each face of the canopy, with the area of the sign limited to no more than 10% of the canopy face to which the sign is attached.
5.
In addition to the freestanding sign and the sign on the canopy, the principal building shall be permitted to have one wall sign for each street frontage, each not exceeding 50 square feet in area.
6.
In addition, smaller wall signs are permitted to indicate functions performed at individual service bays, and such additional wall signs shall not exceed one sign per service bay and eight square feet in area.
§ 35-6-2.5 Hospitals.
A hospital may be permitted provided that:
a.
A minimum fifty-foot wide buffer is provided along all property lines which abut a Residential Zone or an existing residential use. However, if and where the height of a building exceeds 2.5 stories or 35 feet an additional one foot of buffer shall be added to the fifty-foot buffer for each one foot of building height in excess of 2.5 stories or 35 feet.
b.
The minimum site size for a hospital shall be five acres.
c.
The minimum front yard setback shall be 75 feet.
d.
A buffer shall not be required along the front street property line.
e.
Off-street parking facilities shall be provided on the property in accordance with the following schedule:
1.
Parking shall not be permitted within 75 feet of any property line.
2.
One space per two beds.
3.
One space per each employee on largest shift.
4.
One space per two doctors on staff.
5.
One space per two student technicians or nurses.
6.
One space per two visits to outpatient department calculated over a nine-hour period between 8:00 a.m. and 5:00 p.m. during a normal average working day.
7.
One space per each 200 square feet of gross floor area.
8.
One space per 10 beds for extended care patients.
§ 35-6-2.6 Private Tennis Courts.
A private tennis court may be permitted in the R-20 Residential Zone provided that:
a.
Adequate provisions are made to ensure that all on-site drainage can be accomplished so as not to create an adverse or detrimental effect on adjoining properties.
b.
The court is not utilized before 9:00 a.m. in the morning or after 10:00 p.m. at night.
c.
Adequate provisions are made for the screening of the court from view of adjoining properties and the court is properly fenced.
d.
If the court is lighted for evening use, adequate provisions are made for the screening of lights to adjoining properties so as not to cause any unnecessary glare or nuisance.
§ 35-6-2.7 Quasi-Public Use.
a.
All quasi-public uses such as, but not limited to, schools, churches and other similar permitted uses located in any Zone shall have a minimum lot requirement of five acres. The use will comply with all other requirements of the Zone in which it is located.
b.
Quasi-public buildings, schools, churches and other similar permitted uses may exceed the height limitation of this chapter provided that such uses shall increase the front, rear and side yards one foot for each foot by which the building exceeds the height limit herein established for the Zone in which it is located and further provided that in no case shall any building have a height greater than 50 feet.
§ 35-6-2.8 Veterinary Clinics and Hospitals.
§ 35-6-2.9 Motels.
Motels shall comply with the following additional requirements:
a.
The site has a total area of five acres and a width of 350 feet.
b.
Lot coverage shall not exceed 25%. Landscaped and open green areas shall be not less than 25% of the site.
c.
Buildings shall be located not closer than 10 feet from an interior roadway or parking area and not less than 25 feet from another building.
d.
The motel will provide a minimum of 50 units for transient accommodations and will include restaurant facilities. Other appropriate accessory uses such as cocktail lounges, restaurants, meeting rooms, swimming pools and the like may be included.
e.
Refuse disposal containers shall be provided and enclosed by fencing or landscaping to remove them from sight.
§ 35-6-2.10 Swim Clubs.
Swim clubs shall meet the following additional requirements:
a.
The site on which it is located includes not less than five acres.
b.
The pool shall be located not less than 200 feet from any property line. The club or bathhouse shall be located not less than 100 feet from any property line.
c.
Membership shall be limited to one person for each 20 square feet of pool area.
d.
The applicant shall demonstrate compliance with all other applicable ordinances of the Township.
§ 35-6-2.11 Restaurants.
[Ord. No. 03-24 § VII]
Restaurants and other food service establishments shall meet the following additional requirements:
a.
The site shall have a minimum lot area of six acres.
b.
Lot coverage shall not exceed 25%.
c.
Maximum building coverage shall not exceed 15%.
d.
The maximum building FAR of 0.15.
e.
Patron seating shall be a maximum of 60 seats.
f.
Board of Health approval of an on-site septic system design is required prior to the approval of a conditional use permit.
g.
Pedestrian and vehicular circulation will be so designed as to minimize potential conflict. Pedestrian routes shall connect all parking areas to the main use on the site through a seamless system of pedestrian walkways. Pedestrian crosswalks will be clearly delineated across any parking or driveway area.
h.
A traffic impact analysis is required for all proposed development.
i.
The site and parking area shall be designed and landscaped in such a way as to minimize the impacts of light and noise on adjacent properties.
j.
Drive-through stacking shall be designed so as not to impede site access or ingress or circulation through the parking lot.
§ 35-6-3 WIRELESS COMMUNICATION FACILITIES. [1]
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 99-24.
§ 35-6-3.1 Definitions.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
As used in this section, the following terms shall have the meanings indicated:
The equipment and non-tower supporting structure at a fixed location that enables communication-licensed or authorized wireless communications between user equipment and a connections network.
The mounting or installation of transmission equipment on a Wireless Communication Tower or Base Station for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
Any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include non-wireless telephone service.
Any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined hereinabove. For the purposes of this section, wireless communication antennas shall not be considered to be a public utility.
A freestanding monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
§ 35-6-3.2 Overall Purposes.
[Ord. No. 05-47 § 1]
a.
It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communication antennas within the Township of Millstone that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Millstone Township Master Plan and Land Use and Development Regulations Ordinance.
b.
It is understood by the Township of Millstone that the Federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
c.
However, it also is understood by the Township of Millstone that the Federal Telecommunications Act of 1996 ("FTA") expressly preserves the zoning authority of the Township to regulate the placement, construction and modification of personal wireless service facilities subject to the six limitations noted as § 332 (c)(7)(B) of the FTA.
d.
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.
§ 35-6-3.3 Overall Objective.
[Ord. No. 05-47 § 1]
The overall objective of this section is to allow the provision of wireless communication services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact the prevailing rural, residential character of the Township and the quality of life enjoyed by its residents.
§ 35-6-3.4 Specific Goals.
[Ord. No. 05-47 § 1]
a.
To minimize the total number of wireless communication towers within the Township of Millstone;
b.
To limit the impact of wireless communication antennas, towers and related facilities upon the residences and the streetscapes throughout the Township of Millstone;
c.
To safeguard the prevailing rural, residential character of development throughout the Township of Millstone, with particular emphasis on maintaining the prevailing character of the residential neighborhoods and the historic districts and sites throughout the Township;
d.
To encourage the location of antennas upon, or within, existing structures including, but not limited to, existing towers, poles, steeples and silos;
e.
To encourage the collocation of antennas on the fewest number of existing structures within the Township of Millstone;
f.
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, siting, landscape screening and innovative camouflaging techniques;
g.
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
h.
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these ordinance provisions to provide such services quickly, effectively and efficiently; and
i.
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (c) (7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
§ 35-6-3.5 Exemptions of Applicability.
[Ord. No. 05-47 § 1]
This section shall not apply to any tower or the installation of any antenna that is under 70 feet high and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor shall it apply to any parabolic satellite antennas or non-wireless telephone services.
§ 35-6-3.6 Locations Where Wireless Communication Antennas May Be Located.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
Wireless communication antennas may be located only at the following two prioritized locations:
a.
First Priority Locations. The first priority locations for wireless communication antennas shall be on the existing towers, poles, silos, and base stations, or within the existing church steeples in the Township of Millstone identified in Addendum I to this section; antennas so located are permitted uses in the zoning districts in which the identified existing structures are located, notwithstanding any other provision of this ordinance to the contrary, and
b.
Second Priority Locations. The second priority locations for wireless communication antennas shall be on new wireless communication towers on land areas within the "BP" Business Park zoning district or within the "PCD" Planned Commercial Development zoning district, and antennas so located are conditionally permitted uses.
ADDENDUM I TABLE |
(Section 35-6-3.6a) |
IDENTIFYING THE "FIRST PRIORITY" LOCATIONS FOR WIRELESS COMMUNICATION ANTENNAS ON OR WITHIN EXISTING STRUCTURES WITHIN THE TOWNSHIP OF MILLSTONE |
September 10, 2008 |
First Priority Locations | ||
|---|---|---|
Site ID Letter On Map | Site Location | Type of Existing Structure and Location of Antennas |
A | Stavola Asphalt Plant Along Route 33 | On Existing Antenna Tower |
B | Aqua Soft Water Company Along Route 33 | On Existing Monopole Tower |
C | Silvi Concrete Plant Along Iron Ore Road (Route 527A) | On Existing Concrete Mix Tower |
D | United Presbyterian Church Along Millstone Road Next to Municipal Building | Within Existing Church Steeple |
E | Garage Area Along Millstone Road At Municipal Building | On Existing Lattice Tower |
F | FCC Lattice Tower Along Schoolhouse Road Directly Behind Millstone Elementary School | On Existing Lattice Tower |
G | St. Joseph's Roman Catholic Church At Corner of Stillhouse Road And Sweetmans Lane | Within Existing Church Steeple |
H | Existing Tower Joule Yacht Transport Along Route 33 East Of Prodelin Way | On Existing Tower |
I | Existing Silo Along Battleground Road Near Perrineville Road Intersection | On Existing Silo |
J | Lattice Tower Millstone Fire Department-Clarksburg On Stage Coach Road North of Red Valley Road | On Existing Lattice Tower |
K | Existing Tower Along Burnt Tavern Road near Intersection With Squan Road | On Existing Tower |
L | North/South Power Line | On Supporting Towers |
M | East/West Power Line | On Supporting Towers |
Note: See attached map for location of structures | ||
ADDENDUM I - SUBSECTION 6-3.11  |
§ 35-6-3.7 Modifications Constituting a Substantial Change.
[Ord. No. 2015-12]
A proposed modification shall constitute a substantial change to an existing structure if it meets any of the following criteria:
a.
For towers outside of public rights-of-way, it increases the height of the tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for those towers in the rights-of-way and for all base stations, it increases the height of the tower or base station by more than 10% or 10 feet, whichever is greater;
b.
For towers outside of public rights-of-way, it protrudes from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for those towers in the rights-of-way and for all base stations, it protrudes from the edge of the structure more than six feet;
c.
It involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
d.
It entails any excavation or deployment outside the current site of the structure;
e.
It would defeat the existing concealment elements of the structure; or
f.
It does not comply with conditions associated with the prior approval of construction or modification of the structure unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds identified above.
Any such change shall be determined by measuring the change from the dimensions of the structure as originally approved or as of the most recent modification that received local zoning or similar regulatory approval prior to the passage of the Middle Class Tax Relief and Job Creation Act of 2012 (February 22, 2012), whichever is greater. |
§ 35-6-3.8 Applications for Modifications That Do Not Substantially Change First Priority Locations.
[Ord. No. 2015-12; amended 12-6-2023 by Ord. No. 23-17]
a.
Required Documentation for Applications. An applicant requesting approval for a collocation, modification, removal, or replacement of equipment at an existing wireless communications tower, base station, or other facility on which wireless communications equipment is located, that does not substantially change the dimensions of the existing structure, shall submit the following documentation to the Township Engineer and the Township Land Use Planner for review:
1.
A completed Application Checklist for Wireless Communication Facilities Modification to a First Priority Location. Any fees in accordance with the fee schedule (Subsection 35-3-9.4) shall be submitted at the time of application.
2.
A location plan drawn to scale and clearly indicating the location, type and height of the proposed equipment, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within 200 feet of the property which is the subject of the application, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, and parking.
3.
A legal description of the parent tract and leased parcel (if applicable).
4.
The finished color and, if applicable, the method of camouflage and illumination of the existing structure and equipment;
5.
The finished color and, if applicable, the method of camouflage and illumination of the proposed structure and equipment.
7.
Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.
8.
A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed tower.
9.
A description of the feasible location(s) of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed collocation is permitted.
10.
Proof of compliance with § 35-14-5 of the Land Use and Development Regulations of the Township of Millstone if the application concerns property located within a historic district, or property that is considered a historic landmark, as defined in § 35-14-4, or as defined by applicable state or federal law.
11.
A description of the type and quantity of equipment to be installed.
12.
A description of the number and size of any equipment cabinets to be installed on the tower or base station.
13.
A description of the number and size of any equipment cabinets to be installed on the ground.
14.
A description of any excavation required.
15.
A description of the change in tower height as a result of the proposed collocation, removal, or replacement.
16.
A description of the change in the height of any other structure as a result of the proposed collocation, removal, or replacement.
17.
A description of the change in width of the tower or structure at the height of the proposed collocation, removal, or replacement.
18.
A description of the proximity of the equipment to any other equipment on the same structure and of the visibility of the proposed equipment from the surrounding property.
19.
A description of the noise level emitted by any proposed equipment.
b.
Review of Applications. Applications submitted under this § 35-6-3.8 shall be reviewed by the Township Engineer and the Township Land Use Planner pursuant to the following:
1.
Time frame for Review. The Township Engineer and the Township Land Use Planner shall determine whether an application for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station constitutes a substantial change pursuant to § 35-6-3.7 within 60 days of receipt of the application. Applications that do not substantially change the tower or base station shall be approved within this time period. This sixty-day period may be extended by mutual agreement of the applicant and either the Township Engineer or the Township Land Use Planner.
2.
Incomplete Applications. The Township Engineer or the Township Land Use Planner may toll the sixty-day time frame set forth in § 35-6-3.8b1 by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable code provision, ordinance, application instruction, or publicly-stated procedure requiring the information to be submitted. The sixty-day time frame shall begin again upon receipt of the supplemental submission.
3.
Subsequent Incomplete Applications. The Township Engineer or the Township Land Use Planner may thereafter toll the sixty-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
4.
Complete Applications. The Township Engineer and the Township Land Use Planner shall, within the sixty-day time frame, approve all complete applications for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station that do not constitute a substantial change pursuant to § 35-6-3.7, and that do not otherwise violate applicable health and safety requirements. If the Township Engineer and the Township Land Use Planner determine that an application constitutes a substantial change to an existing wireless communications tower or base station, they shall notify the applicant of same, and proceed to consider the application according to the provisions of this article; the sixty-day time frame does not apply to substantial changes.
5.
Applications on Improper Towers. Notwithstanding § 35-6-3.8b4 above, the Township Engineer and the Township Land Use Planner are not obligated to approve an application for collocation, removal, or replacement of equipment on a tower or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative State or local regulatory approval.
6.
Failure to Act. If the Township Engineer and the Township Land Use Planner do not approve or deny an application for collocation, removal, or replacement of equipment at an existing wireless communications tower or base station within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Township Engineer or the Township Land Use Planner in writing that the review period has expired. Upon the Township Engineer or the Township Land Use Planner's receipt of this notice from the applicant, the application shall be deemed granted.
§ 35-6-3.9 Requirements for Substantial Changes to First Priority Locations.
[Ord. No. 05-47 § 1; Ord. No. 08-27 § 1; Ord. No. 10-20 § I; Ord. No. 2015-12]
a.
Review Requirements.
1.
Notwithstanding any provision of these "Land Use and Development Regulations" provisions of the Township of Millstone to the contrary, the location and height of antenna(s) on, or within, any of the existing structures within the Township identified in Addendum I, and any accessory shelter/cabinet enclosing the related electronic equipment, shall be considered permitted uses in the subject zoning district and, therefore, shall not require "conditional use" approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law, nor shall any variance be required in accordance with N.J.S.A. 40:55D-70d of the Municipal Land Use Law.
2.
Moreover, the location and height of the antenna(s) on, or within, any of the existing structures within the Township identified in Addendum I, and any accessory shelter/cabinet enclosing the related electronic equipment, shall not require "site plan" approval, but shall require the review and approval of a submitted application by the Millstone Township Engineer in consultation with the Township Land Use Planner.
3.
Review and approval of collocation, modification, removal, or replacement applications under this section shall be completed within 90 days of the date of the receipt of the application. This review period may be extended by mutual agreement of the applicant and either the Township Engineer or the Township Land Use Planner.
b.
General Design Requirements.
1.
In any case, the height of any proposed antenna extending above any existing structure shall not exceed 10 feet.
2.
Any proposed shelter/cabinet enclosing required electronic equipment shall not be more than 15 feet in height nor more than 375 square feet in area, and only one such shelter/cabinet shall be permitted per carrier.
3.
Any proposed shelter/cabinet shall be finished with a decorative surface, and the color(s) of the shelter/cabinet, all antennas, ice bridges and any other equipment associated with the proposed wireless communication antennas shall be compatible with the color(s) of the existing structure and with the related development on the subject property.
4.
Any required generator shall be located within the accessory shelter/cabinet on the side of the shelter/cabinet opposite from the nearest existing residential dwelling on an adjacent property and any inside or outside cooling equipment also shall be located on the side of the shelter/cabinet opposite from the nearest existing residential dwelling on an adjacent property; there shall be no perceptible noise emitted from the antennas, shelter/cabinet and/or other accessory equipment at any residential property line except for generator testing up to one hour per week and emergency situations when the generator must be operating.
5.
The antennas, shelter/cabinet and or other accessory equipment shall not be exteriorly lit except that one light at the entrance to the shelter/cabinet shall be permitted, provided that the light shall not exceed 70 watts and shall be manually operated.
6.
Landscaping, consisting of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs, shall be provided to the maximum extent reasonably possible and permitted by applicable regulations to screen the view of the proposed shelter/cabinet from surrounding properties and any street.
7.
The fencing surrounding the shelter/cabinet(s) and any outside cooling equipment shall be an eight-foot high board-on-board fence.
8.
No electronic equipment shall interfere with any public safety communications.
9.
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized.
c.
Addition Design Requirements for Existing Transmission Towers.
1.
Any accessory shelter/cabinet and other equipment shall be located adjacent to the subject existing transmission tower on either side that is in line with the transmission wires, and shall not be located beyond the width of the tower base.
(a)
However, in cases where the proposed installation is at a corner tower where conductors change direction, or the existing transmission towers diagonally traverse, the underlying property, or in the case of irregularly shaped lots, and/or where relatively steep topography exists, the shelter/cabinet(s) may be located in an alternate location.
(b)
In any case, the Township Engineer, in consultation with the Township Land Use Planner, shall review the proposed location of the proposed accessory shelter/cabinet(s) in order to insure that, to the extent possible, the location will have relatively little visual impact upon adjacent residential properties.
2.
Any tower location where the base of the tower is within 500 feet from an existing residential dwelling shall provide the following additional noise abatement measures:
(a)
The generator, which must be located inside the shelter/cabinet must contain a "super critical muffler" to further reduce any sound emission when the generator is tested up to one hour per week or in emergency situations.
(b)
A "shroud" shall be placed over any outside cooling equipment.
(c)
The required board-on-board fencing surrounding the shelter/cabinet(s) and any outside cooling equipment shall be lined on its inside with an insulation panel attached directly to the fence.
d.
Submission Requirements and Review Procedures.
1.
The applicant first shall meet with the Township Engineer and the Township Land Use Planner to discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any accessory shelter/cabinet(s) enclosing the related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas.
2.
In accordance with the instructions given to the applicant by the Township Engineer and Township Land Use Planner at the time of the meeting, the applicant thereafter shall submit plans and documentation for review and approval by the engineer and planner.
3.
At the time of submission of the application to the Township, the applicant shall provide public notice of the proposal to locate wireless communication antennas on or within an existing structure as identified in Addendum I § 35-6-3.6a of these ordinance provisions.
(a)
The public notice shall be given to the owners of all real property as shown on the current tax duplicates located within 200 feet of the property which is the subject of the application.
(b)
The public notice shall state the nature of the matter, the identification of the property by street address, if any, and by block and lot numbers, and that the submitted plans shall be available for public inspection in the offices of the Millstone Township Land Use Manager located at 470 Stage Coach Road, Clarksburg, NJ, 08510.
(c)
The public notice also shall state that comments regarding the proposed plans may be submitted to the Land Use Manager within two weeks after receipt of the notice.
4.
At least two weeks after the public notice was received by the property owners, a second meeting shall be held among the applicant, the Township Engineer and the Township Land Use Planner to again discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any accessory shelter/cabinet(s) enclosing the related electronic equipment, any other construction that may be proposed or required regarding the installation of the proposed antennas, and any public comments that were submitted to the Township.
5.
Subsequent to the meeting, and in accordance with any instructions given to the applicant by the Township Engineer and Township Land Use Planner at the time of the meeting, the applicant shall submit revised plans and documentation for review and approval by the engineer and planner as may be requested by the Township Engineer.
6.
Once approved by the Township Engineer and the Township Land Use Planner, the plans shall be signed by the Township Engineer, and no construction permit shall be issued by the Township Construction Official until he or she is in receipt of such signed plans.
7.
The approval granted pursuant to Subsection 6 above shall expire 24 months after the date upon which the plans are signed by the Township Engineer. The twenty-four-month time period may be extended for one twelve-month period upon application to and approval by the Township Engineer and the Township Land Use Planner, which extension must be set forth in writing. Any such application shall be accompanied by the payment of a $300 extension application fee.
8.
An escrow account of $2,500 shall be established by the applicant with Millstone Township to pay for the time expended by the Township Engineer and Township Land Use Planner.
§ 35-6-3.10 Requirements for Second Priority Locations.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the "BP" Business Park zoning district or on lands within the "PCD" Planned Commercial Development zoning district), any such proposed tower, antennas and related equipment shall require conditional use review and approval in accordance with the applicable requirements of § 35-6-1 of this ordinance, as well as preliminary and final site plan reviews and approvals in accordance with the applicable requirements of Article 9 of this ordinance.
b.
The following information shall be submitted for site plan approval, and the referenced §§ 35-6-3.11, 35-6-3.12, 35-6-3.13 and 35-6-3.14 contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Township of Millstone:
1.
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the Township's preliminary and final site plan application checklist in Schedule 4 referred to in § 35-9-2.1 of this ordinance;
2.
In order to be declared complete, the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with § 35-6-3.11 of this section hereinbelow;
3.
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the "Area and Setback Conditions" set forth in § 35-6-3.12 of this section hereinbelow;
4.
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the "Design Conditions" set forth in § 35-6-3.13 of this section hereinbelow;
5.
In order to be declared complete, the initially submitted application shall include the "Additional Conditions" indicated in § 35-6-3.14 of this section hereinbelow; and
6.
During the public hearing process, the applicant shall schedule the time for a crane test with the Secretary of the Planning Board in order to provide the members of the Planning Board and the general public the opportunity to view a crane at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Planning Board, including photographic reproductions of the crane test, graphically simulating the appearance of the proposed tower, with at least three antenna arrays attached thereto and from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible.
§ 35-6-3.11 Overall Comprehensive Plan.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
In order to effectuate the purposes, objectives and goals of these ordinance provisions, any applicant for approval to erect a new supporting tower for wireless communication antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within and around the Township of Millstone at the time full service is provided by the applicant.
b.
The applicant shall provide an overall Comprehensive Plan indicating how it intends to provide full service within and around the Township of Millstone and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Township.
c.
The overall Comprehensive Plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
1.
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one mile of the subject site, both within and outside of Millstone Township;
2.
The mapped location and written description of all existing or approved water towers or water standpipes and existing high tension power line stanchions within one mile of the subject site, both within and outside of Millstone Township;
4.
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Township of Millstone by the applicant and by other providers of wireless communication services within the Township;
5.
How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
6.
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Township of Millstone while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
§ 35-6-3.12 Area and Setback Conditions.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
The proposed tower, antennas and ancillary related electronic equipment are required to be located on a land area no less than 20,000 square feet;
b.
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
c.
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses, located on the required 20,000 square foot land area, whether a separate lot or a leased portion of a lot; and
d.
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within the following areas:
1.
Within 100 feet of any street line;
2.
Within 200 feet of any lot line other than a street line;
3.
Within 1,000 feet of an historic district or site as duly designated by Millstone Township, Monmouth County, the State of New Jersey and/or by the Federal government;
4.
Within 500 feet of any existing residential dwelling unit; and
5.
Within 750 feet of any residential district boundary line, except that this provision shall not apply to any residential district boundary line within the right-of-way of Interstate I-195.
§ 35-6-3.13 Design Conditions.
[Ord. No. 05-47 § 1; Ord. No. 08-27 § 2; Ord. No. 2015-12]
a.
All towers shall be a monopole design.
b.
All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or a non-oversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Township and the existing land uses and vegetation in the vicinity of the subject site.
c.
The height of any proposed new tower and the antennas attached thereto shall not exceed 125 feet from the existing ground level beneath the tower, unless a higher height is approved by the Planning Board for collocation purposes.
d.
No signage is permitted except such information signs deemed necessary for safety purposes by the Planning Board.
e.
Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
f.
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
g.
Individual shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
1.
Any proposed shelter/cabinet enclosing required electronic equipment shall not be more than 15 feet in height nor more than 375 square feet in area, and only one such shelter/cabinet shall be permitted per carrier.
2.
Unless otherwise approved by the Board, all of the shelter/cabinets for the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a single 1 1/2 story building, which building shall not exceed 1,000 gross square feet in area and 25 feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or barn-like appearance;
3.
Any proposed shelter/cabinet approved by the Board not to be located within a building shall be finished with a decorative surface, and the color(s) of the shelter/cabinet, all antennas, ice bridges and any other equipment associated with the proposed wireless communication antennas shall be compatible with the color(s) of the existing structure and with the related development on the subject property.
4.
Any required generator shall be located within the accessory shelter/cabinet on the side of the shelter/cabinet opposite from the nearest existing residential dwelling on an adjacent property and any inside or outside cooling equipment also shall be located on the side of the shelter/cabinet opposite from the nearest existing residential dwelling on an adjacent property; there shall be no perceptible noise emitted from the antennas, shelter/cabinet and/or other accessory equipment at any residential property line except for generator testing up to one hour per week and emergency situations when the generator must be operating.
5.
The building and/or shelter/cabinets and any other accessory equipment shall not be exteriorly lit except that one light at the entrance to the building and/or shelter/cabinets shall be permitted, provided that the light shall not exceed 70 watts and shall be manually operated.
6.
The fencing surrounding the building, any outside shelter/cabinet(s) and any outside cooling equipment shall be an eight-foot high board-on-board fence.
7.
No electronic equipment shall interfere with any public safety communications.
8.
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized.
h.
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
1.
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower during all four seasons of the year, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
2.
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
3.
Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three inches at time of planting.
§ 35-6-3.14 Additional Conditions.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met; and
b.
A letter of intent by the applicant, in a form that is reviewed and approved by the Planning Board Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication carriers at reasonable rates that are economically viable.
§ 35-6-3.15 Location Preferences for New Towers.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
The following are not conditions, standards and limitations for the location of wireless communication towers, but are preferences of the Township:
a.
To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by the Township of Millstone, Monmouth County, the State of New Jersey and/or by the Federal government.
b.
To the greatest extent possible, no tower shall be located to be visible from any street.
c.
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
§ 35-6-3.16 Other Requirements.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
a.
All other applicable requirements of this section not contrary to the conditions, standards and limitations specified herein shall be met, but waivers and/or variances of such other applicable requirements may be granted by the Planning Board.
b.
The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board, in a form approved by the Planning Board Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. Any wireless communication facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
§ 35-6-3.17 Technical Review.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary, also at the applicant's expense.
§ 35-6-3.18 Application for "Use" Variances to the Zoning Board.
[Ord. No. 05-47 § 1; Ord. No. 2015-12]
Any application submitted to the Millstone Township Zoning Board of Adjustment for a "use" variance to construct or install wireless communication antennas and/or a new wireless communication tower in a location not permitted by this section or for a variance from any of the conditions, standards and limitations established for second priority locations in this section shall be required to submit all of the information required herein for second priority locations, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Zoning Board of Adjustment.