Mine Hill Township City Zoning Code
ARTICLE XXIV
Regulations for Conditional Uses
§ 310-176 Purpose; site plan review required.
The purpose of this article shall be to provide specific regulations applicable to all conditional uses provided for in this chapter. In all cases, an application for site plan review will be submitted simultaneously with the application for the issuance of a conditional use permit in accordance with the provisions of N.J.S.A. 40:55D-67.
§ 310-177 Public schools.
A.
Public schools shall be located on tracts of land having not less than five acres or one acre per 100 students, whichever is greater.
B.
The maximum height of the building shall be 35 feet.
C.
Off-street parking shall be provided on the basis of one space for each teacher and staff member, plus a minimum of 10 spaces for visitors. If there is an auditorium, additional off-street parking shall be provided in accordance with the provisions of Article XXV.
D.
Where feasible, there shall be two means of access to the site, one of which may be designated for entry to the site and one for exiting the site.
§ 310-178 Churches and places of worship.
A.
Places of worship. In reviewing the site plan for churches, the Board shall take particular note of ancillary uses such as social events, recreational activities, convocations, child care, educational services and similar activities. Reasonable requirements shall be established to minimize any adverse impact on surrounding areas.
B.
Minimum lot area. The minimum area for places of worship shall be as follows:
Zone District | Minimum Site Area Per Square Foot of Floor Area of All Buildings (square feet) | Maximum Coverage of All Impervious Surfaces (%) | |
|---|---|---|---|
SF | 15 | 65% | |
TH | 15 | 65% | |
C | 15 | 65% |
D.
Where feasible, there shall be two means of access to the site, one of which may be designated for entry to the site and one for exiting the site.
E.
A buffer of 50 feet shall be provided where it abuts a residential zone.
§ 310-179 Essential services and public utility structures.
Public utility uses and structures necessary and convenient for the provision of the central services to the neighborhood or area in which the particular use is to be located shall be permitted on minimum lots of 15,000 square feet, subject to adequate buffering and landscaping and adequate off-street parking as determined by the municipal agency based upon the reasonably expectable requirements of the particular facility. No service or storage yard shall be permitted in residential districts. All structures shall be located at least 25 feet from any rear or side property line and 50 feet from any front property line.
§ 310-180 Cluster subdivisions.
A.
The applicant must show that the use of design flexibility in plotting a subdivision under a cluster arrangement would result in the preservation of irreplaceable scenic qualities of land and/or water areas or areas of environmental sensitivity or mitigate the special health and safety constraints created in mined areas.
B.
The minimum tract size: not less than 10 acres.
C.
Minimum lot size and yard requirements: 70% of that which is required in the applicable zone.
D.
Housing type: limited to single-family detached residential buildings.
E.
No structure shall be erected on lands having a slope in excess of 15% or on wetlands.
F.
Lands required to be dedicated shall be so located as to meet the needs of open playgrounds, rights-of-way protecting major streams or open drainageways, buffer areas and other environmental criteria, or to provide additional neighborhood area for recreational purposes or school purposes. The Planning Board shall make certain that not only Township requirements shall be satisfied, but that dedicated areas be so located as to meet any possible future needs of the neighborhood or region.
G.
The Planning Board shall have full discretion as to the location and size of the various use need areas and their distribution. The Planning Board shall not generally approve areas of less than five acres except when such a site is considered adequate for its specific use, and the Board shall make certain that a reasonable portion of required dedicated area shall be located so as to specifically serve the need of the development where located.
H.
The Planning Board may require such recreational improvements necessary to promote the use of the open space for its designated purpose.
I.
The open space resulting from approval of a cluster subdivision may be offered to the Township of Mine Hill, but if the Township declines to accept the dedication, the developer shall then establish an open space organization made up of owners of the approved lots in the subdivision, which organization shall meet all of the standards set forth in N.J.S.A. 40:55D-43. A copy of a certificate of incorporation of said organization and of the proposed bylaws thereof shall be submitted by the developer to the municipal agency for review and approval.
§ 310-181 Day-care centers.
A.
Any proposed day-care center must show that it meets all requirements of the State of New Jersey for issuance of a license or that it has obtained such a license.
B.
An opaque fence or dense planting of evergreens shall be maintained between an outdoor play area and any public street or next to a property used for residential purposes.
C.
Access to the site shall be so arranged that children can be discharged and picked up on site.
D.
A buffer of 50 feet shall be provided where such a lot abuts a residential zone.
§ 310-182 Soil removal in ED District.
In addition to the uses permitted in the ED (Economic Development) District, the mining, excavation and removal of soil from the site for commercial purposes shall be allowed as a conditional use, subject to the conditions and limitations set forth below. "Soil" means all unconsolidated mineral and organic material of whatever origin, including waste material piled or stored on site as the result of previous iron-ore mining activities which overlies the bedrock and which can readily be excavated, including, but not limited to, earth, dirt, stone, gravel, sand, humus, clay, loam, rock and mixtures of any and all such materials.
A.
Development plan. No soil mining, excavation and removal use shall be permitted in the ED (Economic Development) District unless the development plan for any such proposed soil mining use includes also one or more additional (nonmining) industrial uses requiring construction of buildings and meeting the requirements of the district. Any such additional industrial use(s) must be located and constructed within the ED (Economic Development) District, provided all the lands forming a part of such development plan are contiguous and adjoining.
(1)
Additional requirements.
(a)
The property located within the ED (Economic Development) District are a portion of a substantially larger tract which is currently in common ownership and includes also considerable acreage in the Township of Roxbury and the Borough of Wharton. No subdivision of any portion of such tract located within the Township of Mine Hill shall be permitted if a soil mining operation is to be established thereon, unless and until a development plan encompassing this entire tract within the Township of Mine Hill and including a nonmining industrial development proposal for those portions of this tract not a part of the soil removal operations [including, in particular, those portions located in the ED (Economic Development) District] is submitted to and approved by the Planning Board and governing body of the Township in accordance with the requirements of said Article XIX.
(b)
The terms of site plan approval and/or the developer's agreement with the Township shall include appropriate provisions and limitations to insure the nonmining industrial development proceeds toward completion simultaneously with the commencement and carrying on of the soil mining operations. Such provisions shall include mandatory schedules and timetables for completing roads, utilities and other site improvements (including off-site and off-tract improvements) required in connection with the nonmining industrial development, as conditions to be met before soil mining operations can continue and/or proceed to the next stage (phase). Such other provisions and limitations as the Planning Board and/or governing body of the Township deem appropriate to insure a development simultaneously of both soil mining and nonmining industrial uses upon the large tract formerly constituting Allen-Wood Steel Co. property may also be imposed.
(c)
Any subdivision re-required or requested in connection with and in order to separate any such proposed nonmining industrial development and any proposed nonindustrial development from the soil removal use shall indicate by deed restrictions and/or appropriate statements on the filed subdivision map(s) any such limitations and restrictions imposed upon the continuation of the soil mining operations relating to moving forward and/or completing the nonmining industrial development and nonindustrial portions of any such development plan for a soil mining use.
(d)
Any such nonmining use(s) proposed as a part of a development plan for a soil mining operation must encompass and involve not less than 1/3 of the total number of acres within which approval to conduct soil mining is sought.
B.
Regulations, requirements, standards and limitations governing soil removal and mining in the ED (Economic Development) District. All commercial soil mining, excavation and removal uses in this ED (Economic Development) District shall comply with the following regulations, standards, requirements and limitations:
(1)
Minimum area. A minimum area of 100 acres shall be required for a soil mining and removal use.
(2)
Maximum area within which soil removal operations shall be permitted to be conducted at any one time. Limitations on the maximum area within which soil mining operations shall be permitted at any one time shall be accomplished by the phasing or staging of the soil removal operation, the detail of which shall be set forth and approved by the Council of the Township of Mine Hill as a part of the developer's agreement with the Township of Mine Hill for a soil removal permit in accordance with the requirements of Chapter 448, Soil Removal, of the Code of the Township of Mine Hill, as amended from time to time.
(a)
Staging (phasing) to be made a part of developer's agreement. The terms, conditions and details regarding such phasing or staging of any soil mining use conducted in the ED (Economic Development) District shall also be set forth in a complete and comprehensive fashion in the developer's agreement which the developer shall be required to enter into with the Council of the Township of Mine Hill, as required by these regulations and more particularly described below.
(b)
Staging (phasing) to be shown on site plan. The details regarding the staging (phasing) of any soil mining use or operation conducted in the ED (Economic Development) District shall also be set forth and shown on the development plans submitted to the Planning Board of the Township of Mine Hill for site plan approval.
(3)
Monumentation and benchmarks. Prior to the commencement of any soil mining operations, concrete monuments shall be installed marking the outside limits of all areas to be disturbed. In addition, temporary monuments shall be installed to also mark the limits (boundaries) of the various staging (phase) areas. The developer shall also provide appropriate benchmarks to provide the Township with vertical control over the operations and to facilitate the checking of grades to insure all terms and conditions of site plan approval and the soil removal permit are being complied with by the developer. The location of the concrete monuments shall be set forth on the site plan and referenced to New Jersey Plane Coordinate System, and all monumentation and benchmarks (USGS 1929 Mean Sea Level Datum) shall be located at such locations and in such fashion as the Township may direct.
(4)
Staging limitations. The right of the developer (owner) to continue soil mining operations shall be contingent upon the developer's performance in the restoration and reclamation of those areas of the site where soil mining operations have previously taken place, in accordance with the requirements of this chapter, site plan approval and the developer's agreement with the Township.
(a)
Extension of soil mining. Soil mining and removal shall not be extended into the next succeeding phase (section) area, as delineated on the approved site plan, until not less than 80% of the preceding phase (section) area as measured horizontally has been completely restored, and such restoration has been inspected and approved by the Township as meeting all controlling regulations and conditions. However, in order to provide adequate area in the adjoining and next succeeding phase (section) area, soil mining and removal operations may be extended into such next phase (section) to a maximum extent of 20% of the next phase (section). Under no circumstances, however, shall soil disturbance (grading, excavation, removal or any other activity relating to soil mining) take place beyond this maximum of 20% into the next succeeding phase of the approved soil mining operation, unless and until a minimum of 80% of the preceding phase (section) area has been restored.
(b)
Three or more phases. Where the soil mining operation receiving approval is divided into three or more phases, no soil disturbance shall take place in the third phase (section) area beyond the 20% limit, unless and until 100% of the area forming part of the first phase (section) and 80% of the area forming a part of the second phase (section) have been restored and such restoration inspected and approved by the Township, and so set forth where more than three phases are delineated and approved.
(5)
Storage and reservation of topsoil.
(a)
A development plan for conducting soil mining shall make provision for the reservation of all topsoil in stockpiles on the site to be redistributed as a part of the restoration process. No topsoil shall be removed from the site. If the developer cannot otherwise stabilize and restore the disturbed areas in accordance with the controlling Township ordinances and/or the requirements of final site approval and the soil removal permit, the developer shall be required to promptly provide additional topsoil from off-site locations if the site lacks adequate quantities of topsoil to achieve restoration.
(b)
This storage and reservation of topsoil shall be accomplished in accordance with Chapter 444, Soil Erosion and Sediment Control, of the Code of the Township of Mine Hill, as more particularly described below, and all the requirements of final site plan approval, the developer's agreement and the terms and conditions of the soil removal permit issued by the governing body of the Township.
(c)
Temporary seeding, as well as appropriate soil erosion and sedimentation control measures, shall be required with respect to the stockpiling and reservation of topsoil on the site.
(6)
Soil erosion and sedimentation control. A detailed plan for soil erosion and sedimentation control must accompany and be approved as a part of any development plan for soil mining. Such plan shall comply in full with Chapter 444, Soil Erosion and Sediment Control, adopted June 1977, as amended, and such additional requirements as are imposed by the Township pursuant to this chapter as may be made part of the final site plan approval, the developer's agreement and/or the soil removal permit. Prior to final approval by the Township, this soil erosion and sedimentation control plan shall be submitted by the developer to the Morris County Soil Conservation District for review and recommendations.
(a)
Seeding and planting. Any such soil erosion and sedimentation control plan shall include detailed specifications for temporary seeding and/or planting of vegetation, as well as for permanent seeding and/or planting of permanent vegetation, mulching, contents of topsoil and details regarding all other aspects of any such plan. Both temporary and permanent measures designed to establish, preserve and restore disturbed areas shall be undertaken as soon as possible, taking into consideration the needs of the developer not to have such measures unreasonably interfere with the ongoing soil mining operations in the area or areas in question.
(b)
Dust control. Any such soil erosion plan shall include provisions for dust control for the protection of adjoining and nearby residential and nonresidential properties, including measures for both on-site and off-site dust control. Effective dust control constitutes a major, if not the major, objective to be achieved by any approved soil erosion and sedimentation control plan implemented by the developer. In particular, any approved plan for dust control shall take into consideration the peculiar and unique characteristics of the extensive quantities of "tailings" which are located within this industrial zone as a by-product of iron-ore mining.
(c)
Protection of public streets. The soil erosion and sedimentation control plan shall also include provisions and details to insure protection of all public streets and rights-of-way in the immediate area and/or used by the developer in trucking soil materials from the site. Such plan shall include procedures for periodically cleaning public streets to insure all dust, soil and other materials spilled from or otherwise resulting from such trucking operations are removed.
(d)
Storm drainage and groundwater control. Any plan for soil erosion and sedimentation control forming a part of a development plan for soil mining shall also include detailed plans, specifications and provisions to insure stormwaters and groundwaters created, affected or otherwise involved and/or resulting from such mining operations are properly and adequately disposed of and/or controlled. Such plans shall include provisions and measures to adequately protect wells serving property owners in the vicinity, as well as all sources of public water supply and all streams, brooks, watercourses, ponds and other bodies of water in the immediate area or otherwise affected by the soil mining operations.
(e)
Maintenance of level areas. Level areas, grades and slopes near or around the perimeter of all excavated areas as specified and approved as part of the development plan given final site plan approval and/or as set forth in detail in the developer's agreement shall be maintained. Such level areas, grades and slopes shall be required and maintained to assure the safety of vehicles and persons in or near all such excavated areas. Temporary seeding, as well as other appropriate soil erosion and sedimentation control measures, shall be implemented in these level areas and on these grounds and slopes near or around the perimeters as soon as is practical, taking into consideration the needs of the developer not to have such measures unreasonably interfere with the soil mining operations in progress in the area or areas in question.
(f)
Noise control. The development plan and developer's agreement shall include provisions to keep noise resulting from equipment and trucks used to carry on soil mining operations to a minimum.
(g)
Blasting (dynamiting) prohibited. No blasting, dynamiting or the use of any type of explosives or charges shall be used in conducting soil mining operations.
(h)
Restoration and reclamation for future use.
[1]
Any development plan for a soil mining use shall provide for the restoration and reclamation of the site to permit either a future use (industrial, commercial or residential) by the owner in accordance with the Township's then-controlling zoning regulations, or use by the public as a park, recreational facility or similar public purposes. Since it is anticipated extensive depressions containing water, i.e., man-made ponds (lakes), will result from soil, the developer and the governing body of the Township shall give consideration to including in their developer's agreement appropriate provisions for converting the site or sections thereof into a park, a recreational facility, or similar use beneficial to the public and, in particular, the residents of Mine Hill. Any such provision shall take into consideration the plans and rights of the developer as the owner of this soil mining site to use and develop this property for the benefit of the developer.
[2]
Restoration and reclamation shall be commenced as soon as soil removal operations are completed in a particular section or area; it being a requirement that restoration and reclamation shall take place simultaneously along with the soil removal and mining operations and as soon as reasonably possible, taking into consideration the impact of the ongoing soil mining activities in the area or section in question on any such restoration and reclamation efforts and the needs of the developer not to have his soil mining operations unreasonably interfered with by any such restoration and reclamation measures.
(i)
Limitations upon truck access to site.
[1]
Trucks entering and/or carrying soil removed from the site of any soil mining operation shall not be permitted to use existing public roads which pass through existing residential areas. Specifically, trucks entering and/or leaving the soil mining site shall not be permitted to use Wharton Avenue, Scrub Oak Road or Randall Avenue.
[2]
No development plan for a soil mining use shall be approved unless a truck access route satisfactory to the Township is included in and approved as part of such development plan. Any such plan shall include provisions for protecting, repairing and restoring the public roads which are to be used for ingress and egress, and which as the result of use of same by trucks entering and leaving the soil mining site are damaged or otherwise require cleaning and/or repairs as a result of such use, including details regarding protection and stabilization of the area at the points of entrance onto public roads.
[3]
To the extent deemed necessary by the Planning Board and/or governing body of the Township, the developer shall be required to improve, including paving, on-site truck routes to those areas which at any particular time are being mined. Such requirement shall be imposed when and where appropriate by the Township for dust control, soil erosion and sedimentation control, for the protection of areas previously restored and reclaimed, for the safety and protection of vehicles and persons using such on-site access routes, and for other similar objectives designed to protect the public from the adverse impact of soil mining operations upon the environment and properties in the vicinity.
(7)
Restriction on equipment and processing.
(a)
No equipment or facilities for the crushing, mixing, processing or other treatment of soil (materials) which are the subject of the soil mining operations shall be permitted in the ED (Economic Development) District east of Iron Mountain Road or its projection. The only equipment permitted on the site of any soil mining operation shall be equipment required for excavation, soil removal, screening, grading, seeding, restoring and reclaiming the site, and for loading the soil onto and into trucks and vehicles for removal from the site, including portable screening equipment and scales. None of such equipment shall be attached to the site (ground), but shall be movable, and all such equipment shall immediately be removed from the site once the soil mining operations are concluded and/or the equipment in question is no longer needed.
(b)
No building shall be erected, constructed or placed upon the site, including temporary structures, unless such buildings are shown upon and made a part of the development plan submitted to the Planning Board for approval. All such buildings or structures shall comply with the size, height, bulk and other requirements of this chapter governing the erection of buildings and structures in the district.
(c)
Restrictions on hours of operation. No soil mining or soil removal operation or activities shall be conducted on Sundays or holidays. In addition, all soil mining and soil removal activities shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. on those days when such activities are permitted.
(d)
Buffer requirements.
[1]
A buffer zone with a minimum depth of 300 feet shall be provided and maintained along the property lines of all tracts upon which soil mining operations are conducted. Where the property in question extends into an adjoining municipality, or into an adjoining zoning district within the Township of Mine Hill, this buffer zone shall be maintained along the Mine Hill Township municipal boundary line or the zone line, as the case may be.
[2]
Where soil mining operations are allowed by the applicable zoning regulations as a permitted use or are otherwise lawfully taking place upon adjoining property located in an adjoining municipality, no buffer zone shall be required along those sections of the municipal boundary line which border upon such property located in another municipality.
[3]
All such buffer areas shall be maintained in their natural state where wooded or not previously disturbed. No soil disturbance by grading, excavating or otherwise shall be permitted in any buffer area, unless authorized as part of final site plan approval for the protection of adjoining properties. No structures or any other improvements shall be located within these buffer areas, nor shall any equipment, trucks or other vehicles used in or resulting from the soil mining operations be stored, placed, located or parked in any of these buffer areas.
[4]
Where natural vegetation is sparse, plants, seeding and similar landscaping protective measures shall be required. Berms and other screening and protective devices shall be required if deemed necessary by the Planning Board to protect adjoining properties, particularly where residential zones and uses are involved.
(8)
Fees to cover Township expenses. Because of the extensive soil mining operations which are expected to be conducted within this (ED) Economic Development District, frequent and continuous inspections and monitoring will be required by Township officials and representatives throughout the entire period of any such soil mining operation. In addition, an extensive and detailed review of any development plan for a soil mining operation will be required by appropriate Township bodies and officials, particularly the Township Engineer. To insure all engineering, legal and other expenses incurred by the Township in reviewing and approving any such development plan and in monitoring and inspecting any soil mining use following approval and throughout its entire course of operation, in addition to all other fees and charges required for site plan approval by this chapter, for a land disturbance permit as required by Chapter 444, Soil Erosion and Sediment Control, and the charge per cubic yard of soil (material) removed from the site as required by Chapter 448, Soil Removal, there shall be paid to the Township Clerk at the time an application for the necessary soil removal permit is filed such sum per acre for each acre on which soil removal operations are to be conducted, which sum is hereby determined to be the minimum reasonable cost to the Township, as provided for in Chapter 448, Soil Removal, to cover the anticipated engineering and legal fees to be incurred by the Township in processing, reviewing and acting upon the development plan and soil removal permit application for a soil mining operation in the (ED) Economic Development District. In the event costs to the Township exceed this minimum reasonable cost fee, plus the regular fees, the developer is required to pay for a development plan involving soil mining, as specified above, the applicant (developer) shall be required to pay additional sums to the Township to cover the expenses of the Township related to such development proposal in accordance with the procedure set forth in detail in Article XXXI, Fees and Deposits.
(9)
Monitoring and inspection. Throughout the entire period and course of any soil operation, there shall be constant and continuous monitoring of such operation by the Township Engineer and/or other officials and representatives designated by the Township. The Township Engineer shall make on-site inspections not less than once per month during all times where soil mining activities are being conducted and shall file monthly written reports to the governing body of the Township setting forth the results of such inspections. As a required condition of all development plan approvals for soil mining, the Township Engineer and/or other designated Township officials and representatives shall be permitted at all times to enter the soil mining site for the purpose of monitoring and inspecting.
(10)
Monthly reports of quantities removed by owner. The owner of the property upon which a soil mining operation is located shall furnish the governing body of the Township with monthly reports giving the details regarding the quantity of soil removed from the site, including total number of truckloads of material taken off the site and the average number of trucks per day, and such other information regarding the ongoing operation as the Township Engineer and/or the governing body may reasonably deem necessary for efficient monitoring.
(11)
Certification of quantities removed. The owner of the soil mining operations shall have the topography of the tract flown once every three years during the entire period of any soil mining operations. Immediately following each such three-year aerial survey of the topography of the soil mining site, the owner shall provide the Township with a certification of the quantities removed during the three-year period in question signed by a licensed New Jersey professional engineer to insure adequate accounting of such quantities. Vertical measurements below the water surface shall be required and furnished to the Township on a one-hundred-foot grid and also certified by a licensed New Jersey professional engineer, as a part of this three-year certification. The Township shall be furnished with sealed copies of all maps and reports which result from each such three-year aerial survey.[1]
(12)
Violations. If the Township determines that, at any particular time, any one or more conditions or requirements of site plan approval, of the soil removal permit, or of the developer's agreement are not being satisfactorily met or complied with, a ten-day written notice of violation(s) shall be served upon the owner of the subject property, and upon the failure to correct such violations within this ten-day period, a stop-work order pending the correction of such violations shall be issued.
(13)
Site plan, soil removal permit and developer's agreement required. Any development plan for a soil mining use (operation) to be conducted in the (ED) Economic Development District districts must be in accordance with the requirements of this chapter and be submitted to the Planning Board of the Township for preliminary and final site plan approval. Final site plan approval shall not be granted by the Planning Board until the governing body has issued a soil removal permit to the developer and the developer has entered into a developer's agreement with the governing body of the Township covering the staging (phasing) of the proposed soil mining operation, in order to assure compliance with same by the developer, including the relating of such staging to a timetable for completion of site improvements and/or buildings forming a part of the nonmining industrial development proposed as part of the same development plan. Such developer's agreement shall be consistent with the requirements of this section, Chapter 448, Soil Removal, and Chapter 444, Soil Erosion and Sediment Control, of the Code of the Township of Mine Hill, enacted June 1977, as amended. In any event, soil mining operations, including soil disturbance activities relating or preliminary thereto, shall not commence until such a soil removal permit has been issued to the developer and a developer's agreement entered into with the governing body of the Township. Such agreement shall cover not only the soil mining use, but also those sections of the tract forming part of the development plan which are to be devoted to nonmining uses. No construction work or soil disturbance activities relating either to the mining or nonmining uses and development shall be commenced until such a developer's agreement has been executed and the necessary performance and maintenance guarantees posted to assure completion of all site improvements and/or site restoration and reclamation procedures once work on such improvements and/or soil mining is commenced.
(14)
Performance guarantees.
(a)
Performance guarantees in accordance with the requirements of this chapter shall be furnished as a condition for securing final site plan approval and a soil removal permit. Such performance guarantees shall include an amount fixed by the governing body to insure restoration and reclamation of the soil mining site in accordance with the terms and conditions of site plan approval and the developer's agreement, as well as the performance by the owner of all other terms and conditions of the developer's agreement. All such performance guarantees regarding restoration and reclamation shall remain in full force and effect during the entire period mining operations are conducted and until restoration and reclamation are completed.
(b)
As the soil mining operation progresses and restoration is completed in sections and phases of the site upon which the soil mining operations are being conducted, the amount of the performance guarantees posted for such restoration may be reduced in accordance with the procedures established by this chapter and the Municipal Land Use Law, provided the governing body of the Township approves the amount of any such decrease.
(15)
Areas previously mined. No soil disturbance by way of excavation, mining, grading, leveling or otherwise shall be permitted within 50 feet of any portion of this (ED) Economic Development District where prior iron-ore mining operations were conducted. In accordance with the requirements of this chapter, the development plan for any soil mining operation in the (ED) Economic Development District and for any non-soil-mining industrial development in those portions of the subject tract located in adjoining (ED) Economic Development Districts shall not be approved unless and until the plans, drawing and proposals forming a part of any such development plan indicate that the subject property will be rendered safe for both construction (if any) and human entry by the elimination of all mining hazards resulting from such prior iron-ore mining in a manner meeting the standards, requirements and conditions of Article XXVII. As required by such standards of said Article XXVII, mining hazards located in any portion of the tract which is the subject of any such development plan and/or subdivision plan must be eliminated, whether or not the portion or portions of the tract upon which such mining hazards are located is presently proposed for use, construction or development.
(16)
Final site plan approval. Prior to the grant of final site plan approval for a soil mining use (operations), the developer shall file (in addition to all other copies of plans required by this chapter) one original reproducible (Mylar sepia) copy of the site plan drawings showing all aspects and phases of the soil mining operation, including, but not limited to, the plans for the restoration and reclamation of the affected areas.
§ 310-183 Telecommunications towers and antennas.
A.
Purpose.
(1)
The purpose of this section is to set forth terms and conditions for the siting of wireless communications towers and antennas within the geographic boundaries of Mine Hill Township. The goals of this section are to:
(a)
Protect residential areas and land uses from potential adverse impacts of towers and antennas;
(b)
Encourage the location of towers in specific areas within the Township;
(c)
Minimize the total number of towers throughout the Township;
(d)
Strongly encourage the joint use of new and existing tower sites for co-location of antennas as a primary option rather than the construction of additional single-use towers;
(e)
Encourage users of towers and antennas to locate them, to the greatest extent possible, in areas where the adverse impact on the community is minimal;
(f)
Encourage 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;
(g)
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;
(h)
Consider the public health and safety of communications towers; and
(i)
Avoid substantial detriment to the public good and not substantially impair the intent and purpose of zoning.
(2)
In furtherance of these goals, the Township of Mine Hill shall give due consideration to the Township of Mine Hill's Master Plan, Zoning Map, existing land uses and environmentally sensitive areas, including but not limited to view corridors, in approving sites for the location of towers and antennas. This section further seeks 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 manage with respect to cellular and other wireless telecommunications services, to enforce zoning requirements that protect public safety, public and private property and community aesthetics. This section expressly recognizes that the New Jersey Supreme Court, in Smart SMR of New York, Inc., v. Borough of Fair Lawn Board, 152 N.J. 309 (1998), has declared that wireless telecommunications facilities are not inherently beneficial uses and that the facility use must be particularly suited for the proposed site.
B.
Applicability.
(2)
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.
(3)
Satellite dish antennas. This section shall not govern any parabolic satellite antennas. However, dish antennas on a tower are prohibited in favor of other forms of antennas, such as whip antennas.
C.
General requirements.
(1)
Principal or accessory use. Antennas and towers may be considered an accessory use when located on municipal property; otherwise, they are to be considered principal uses.
(2)
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.
(3)
Inventory of existing sites. Each applicant for an antenna and/or tower shall provide to the Planning Board an inventory of all existing towers (both those controlled by the applicant as well as their competitors), antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Township of Mine Hill or within three miles of any border of the Township thereof, including specific information about the location, height, and design of each tower. The Zoning Officer shall share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Township of Mine Hill; provided, however, that the Zoning Officer is not, by sharing such information in any way, representing or warranting that such sites are available and/or suitable.
(4)
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 or the Township, 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 surrounding buildings and any sight vistas and shall be located out of public view (visible from a public street, public land and public buildings) behind existing structures, buildings or terrain features which will shield the buildings and related structure from view.
(c)
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.
(5)
Lighting. Towers shall not be artificially lit, unless required by the FAA. It is the intent of the Township that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen and approved by the Planning Board must cause the least disturbance to the surrounding views.
(6)
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, as amended from time to time. If, upon inspection, the Township of Mine Hill 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 calendar days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 calendar days shall constitute grounds for the immediate removal of the tower or antenna at the owner's expense.
(7)
Not essential services or inherently beneficial uses. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as inherently beneficial uses, essential services, public utilities or private utilities.
(8)
Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township of Mine Hill shall have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(9)
Signs. No signs shall be allowed on an antenna or tower.
(10)
Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection G.
(11)
Multiple antenna/tower plan. The Township of Mine Hill encourages and mandates the users of towers and antennas to co-locate antennas where technically, practically and economically feasible. Applications for approval of co-location sites shall be deemed to have satisfied the purposes of this section.
(12)
At the time of application, the tower construction/owner shall be required to submit computer-enhanced photos showing how the tower will reflect upon the surrounding properties/geographic area.
(13)
All towers shall be equipped with anti-climbing devices to prevent unauthorized access to the tower and the antennas located thereon.
(14)
All towers and appurtenances shall be required to have their wiring for such necessities as telephone and electricity (for example) placed underground to the site and tower/appurtenant buildings.
(15)
Any towers constructed within the Township shall, if required by the Township, have placed upon such tower any emergency sources antenna required by the Township for its use at no cost to the Township.
(16)
Design details.
(a)
Any proposed new tower shall be of a monopole variety, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the co-location of additional antennas on the tower.
(b)
No antenna shall be located on any tower in order to provide noncellular telephone service. Such service shall be provided via existing telephone lines if available to the site or by the underground extension of telephone lines to the site if necessary.
(17)
Land disturbance. The applicant shall be required to demonstrate that the extent of disturbance shall be the minimum required for the construction of the tower and all the pertinent structures thereto. Said information shall be submitted in a format that is acceptable to the Township Engineer for review. The applicant shall be required to minimize disturbance by use of appropriate engineering devices, including, but not limited to, fences, retaining walls, and the like.
(18)
Access. The applicant shall demonstrate to the approving Board that the driveway access shall be sufficient to provide safe and efficient access to and from the site. However, the applicant shall be authorized to utilize driveway standards of the Township of Mine Hill to meet the access requirements.
D.
Permitted uses.
(1)
General. The uses listed in this section are deemed to be permitted uses in all nonresidential zones and shall not require a conditional use permit or variance application.
(2)
Permitted uses. The following uses are specifically permitted: antennas or towers located on property owned, leased, or otherwise controlled by the Township of Mine Hill of five or more acres, provided a license or lease authorizing such antenna or tower has been approved by the Township of Mine Hill. However, the Township shall, as a condition of such lease, require site plan approval. The decision to extend such leases to an applicant shall be vested solely with the Township; shall not be governed by this section; and shall be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey. The Township, in its absolute discretion, reserves the express right to deny any and/or all use of its property for antennas or towers.
(3)
The Township encourages the concept of co-location.
E.
Conditional use permits and variance application.
(1)
List of conditional uses. Towers shall be authorized as conditional uses on all nonresidential property in the Township of Mine Hill, subject to the following conditions:
(a)
Existing and new towers. Antennas on existing towers shall be consistent with the terms below. In fact, the Township encourages the concept of co-location. An antenna may be attached to an existing tower in any district, and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, co-location of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such co-location is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the co-location of an additional antenna shall be of the same tower type as the existing tower, unless the Planning Board allows reconstruction as a monopole.
[2]
On-site location.
[a]
A tower which is being rebuilt to accommodate the co-location of an additional antenna may be moved on site within 50 feet of its existing location.
[b]
After the tower is rebuilt to accommodate co-location, only one tower may remain on the site.
[c]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating required separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this section.
[3]
Setbacks. The following setback requirements shall apply to all towers for which a variance or conditional use permit is required:
[a]
Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line, all nonappurtenant buildings, and street right-of-way lines.
[b]
Accessory buildings must satisfy the minimum zoning district setback requirements.
[c]
No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones.
[4]
Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anti-climbing measures.
[5]
Landscaping. The following requirements shall govern the landscaping surrounding towers for which a conditional use permit is required:
[a]
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from residences or planned residences. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound.
[b]
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced.
[c]
Existing mature tree growth and natural landforms 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 perimeter may be sufficient buffer.
[6]
General requirements. The following provisions shall govern the issuance of conditional use permits or variances for towers or antennas by the Planning Board:
[a]
If the tower or antenna is not a permitted use under this section, then a variance or conditional use permit shall be required for the construction of a tower or the placement of an antenna at designated sites or within the zoning districts designated for a tower or antenna within Mine Hill Township.
[b]
In granting a conditional use permit or variance, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
[c]
Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer.
[d]
No towers or antennas shall be permitted as conditional uses in residentially zoned districts unless located upon property owned by the Township of Mine Hill and subject to the provisions of Subsection D of this section.
[e]
The application fee and escrows shall be paid as required herein.
F.
Submission requirements.
(1)
New towers may be constructed to hold antennas. In addition to any information required for applications for conditional use permits pursuant to applicable Township Code provisions and state law, applicants for a conditional use permit or a variance for a tower shall submit the following information to the approving authority:
(a)
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 required separation distances adjacent to 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 Planning Board to be necessary to assess compliance with this section.
(b)
Legal description of the entire tract and leased parcel (if applicable).
(c)
The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.
(d)
The separate distance from other towers described in the inventory of existing sites shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(e)
A landscape plan showing specific landscape materials, including, but not limited to, species type, size, spacing and existing vegetation to be removed or retained.
(f)
Method of fencing and finished color and, if applicable, the method of camouflage.
(h)
A notarized statement by the applicant as to whether construction of a tower will accommodate co-location of additional antennas for future users.
(i)
Identification of the entities providing the network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the Township.
(j)
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 new tower.
(k)
A description of the feasibility of locations of future towers or antennas within the Township based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected.
(l)
In order to provide evidence that the proposed location of the proposed tower(s) (and proposed antennas and ancillary building enclosing related electronic equipment) have been planned to result in the fewest number of tower locations within Mine Hill Township at the time full service is provided by the applicant throughout the Township, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout Mine Hill Township. Essentially and summarily, the overall comprehensive plan shall indicate the following:
[1]
How the proposed location of the proposed tower relates to the location of any existing towers within and near the Township;
[2]
How the proposed location of the proposed tower relates to the anticipated need for additional towers within and near the Township by the applicant and by other providers of cellular communications services within the Township;
[3]
How the proposed location of the proposed tower(s) relates to the objective of co-locating the antennas of many different providers of cellular communications services on the same tower; and
[4]
How the proposed location of the proposed tower(s) relates to the overall objective of providing full cellular communications services with the Township, while at the same time limiting the number of towers to the fewest possible.
(m)
A visual study depicting where, within a one-mile radius measured at ground level, any portion of the proposed tower could be seen.
(n)
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.
(o)
Documentary evidence regarding the need for the tower, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the new tower at a particular location within the Township. The evidence shall include a radio frequency engineering analysis for the search area for the towers.
(2)
Availability of suitable existing towers, other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
(a)
No existing towers or structures are located within the geographic area which meet the applicant's engineering requirements.
(b)
Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
(c)
Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
(d)
The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
(e)
The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.
(f)
The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
(g)
The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wire line system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
G.
Buildings or other equipment storage.
(1)
Antennas mounted on structures on rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
(a)
The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than eight 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.
(b)
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 10% of the roof area.
(c)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(2)
For antennas located on towers, the related unmanned equipment structure shall be located in accordance with the minimum accessory structure requirements of the zoning district in which it is located, and the building shall be constructed aesthetically to be compatible with the surrounding character of the neighborhood.
(3)
Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height and an evergreen hedge with an ultimate height of eight feet and a planned height of at least six feet.
H.
Removal of abandoned antennas and towers. An antenna or tower that is not in use or operation for its intended and approved purpose for a continuous period of six months shall be considered abandoned ("no longer operative"), and the owner of such antenna or tower shall remove the same within 60 calendar days of the mailing of notice to the owner of such determination. If not removed within that time period, it shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Township shall condition the issuance of any permit to construct a tower or antenna on the requirement that the property owner be required to remove the tower and restore the property as determined by the Township Engineer when the last user of said tower will no longer actively need the tower for its communications system.
I.
Existing towers; rebuilding damaged or destroyed nonconforming towers or antennas. Nonconforming towers or antennas that are damaged or destroyed to the extent that the nonconforming provisions no longer apply under law may not be rebuilt without having to first obtain approval from the Planning Board and without having to meet the separation requirements hereinabove specified. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 calendar days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned.
§ 310-184 Public garages.
A.
Minimum lot area: 40,000 square feet.
B.
Minimum front yard: 40 feet.
C.
Minimum side yard: 20 feet total; two side yards: 50 feet.
D.
Minimum rear yard: 50 feet.
E.
Maximum percentage of lot coverage: 65%.
F.
Maximum height in feet: 28 feet.
G.
There shall be no structures, including canopies, within 40 feet of the right-of-way line. When located adjacent to a residential zone, there shall be a professionally landscaped buffer area of 25 feet.
H.
As measured from the right-of-way line, the first 25 feet of the front yard area shall have a professionally landscaped area.
I.
(Reserved)
J.
Small wireless facilities deployment.
[Added 6-17-2021 by Ord. No. 06-21]
(1) PERSONAL WIRELESS SERVICES PUBLIC RIGHT-OF-WAY SMALL WIRELESS FACILITY SMART POLE UTILITY POLE
Definitions. For the purposes of this subsection, all definitions of words, terms and phrases that are set forth in the Communications Act of 1934, P.L. 73-416, as amended by various statutory enactments including, but not limited to, the Telecommunications Act of 1996 P.L. 104-104, the Middle-Class Tax Relief and Job Creation Act of 2012, P.L. 112-96, as codified in 47 U.S.C. § 1401, Code of Federal Regulations at 47 CFR § 1.6002, the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this Code are incorporated herein and are made a part hereof. In addition to the foregoing, the following words, terms and phrases shall have the meanings indicated unless an alternate meaning clearly is discernible from the context in which the word, term or phrase is used:
"Personal wireless services," as defined in 47 U.S.C. § 332(c)(7)(C), as supplemented and/or as amended.
The surface, the airspace above the surface and the area below the surface of any street, road, highway, lane, alley, boulevard or drive, including the sidewalk, shoulder and area for utilities owned or accepted by the Township.
"Small wireless facility," as defined in the Code of Federal Regulations at 47 C.F.R. § 1.6002(1), as supplemented and/or as amended, and is limited to personal wireless services.
A decorative utility pole that conceals, disguises or camouflages one or more small wireless facility installation(s) and may include other features such as street lighting, 911 call service access, public access wi-fi and surveillance cameras. A smart pole must allow for multiple occupants and allow space for municipal use for other services and/or equipment. Smart poles shall neither have external latches, external hinges, nor external cabling. The pole should be made of an inherently rust-resistant material (i.e., aluminum alloys or stainless steel).
A wooden or metal pole that is used by public utilities to support electrical wires, telephone wires, coaxial cables, fiber optic cables and like and similar appurtenances.
(2)
Small wireless facility siting permit required; consent to use rights-of-way required.
(a)
No person shall place a small wireless facility in any right-of-way without first filing a small wireless facility siting permit application, in accordance with the procedures specified herein, with the Township Zoning Officer and obtaining a siting permit therefore, except as otherwise may be provided in this subsection. A permit authorizing placement of a small wireless facility in a public right-of-way shall not be issued by the Zoning Officer to any applicant unless:
[1]
All siting permit application fees and escrow fees, as established herein, have been paid; and
[2]
All other governmental permits or other governmental approvals that are required for the deployment(s) proposed by the applicant's siting permit application under the New Jersey Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq., Street Excavation and Opening Permit (if applicable), and by any other applicable federal, state or municipal law have been issued by the appropriate issuing authority therefore to the applicant and the applicant has supplied copies of such other permits or approvals to the Township for inclusion with the applicant's application documents; and
[3]
Approval or permission from the owner of any utility pole or infrastructure on which the small wireless facility will be placed.
[4]
The applicant has entered into a right-of-way use agreement with the Township as approved by the Township Council. The Township Clerk shall maintain on file the currently approved right-of-way use agreement version and shall provide a copy to all siting permit applicants. Minor deviations to the terms and conditions may be approved by Township Council at the time that it grants consent to use a right-of-way to a permit applicant.
(b)
No siting of a small wireless facility shall be permitted within 200 feet of another small wireless facility unless a variance is granted by the Planning Board. It must be established by clear and convincing evidence that co-location on an existing or previously approved small wireless facility is not feasible. Any claims of carriers of technical incompatibility or inability to collocate need to be proven by the carrier, not disproven by the municipality. Responsibility for judging proof of said claims lies solely with the Township Planning Board.
(3)
Installation of new structures; installation on existing structures.
(a)
No application for a small wireless facility siting permit shall be approved by the Zoning Officer unless the application proposes the deployment of a small wireless facility upon an existing structure or utility pole in a right-of-way.
(b)
No new structure shall be installed for supporting a small wireless facility unless it is within a Township right-of-way.
(c)
Any new structure installed for supporting a small wireless facility shall be a Township approved "smart pole."
(4)
Siting permit application process.
(a)
Application filing. An application for a siting permit to place one or more small wireless facilities within a right-of-way shall be made on forms which shall be available from the office of the Township Clerk. The application, along with the required application fee and the required escrow fee, shall be filed with the Township Clerk. Upon receipt of an application and fees, the Township Clerk shall provide copies of the application and all supporting documents that were submitted by the applicant with the application to the Township Zoning Officer, Township Engineer, and the Township Construction Code Official.
(b)
Application form. The small wireless facility siting permit application shall be made by a provider of personal wireless services, or its duly authorized representative as noted in a notarized statement from the provider of personal wireless services on whose behalf the representative is acting, and shall contain the following:
[1]
The applicant's name, address, telephone number and e-mail address;
[2]
The names, addresses, telephone numbers, and e-mail addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;
[3]
A general description of the proposed small wireless facility, existing structure and new structure work to be performed. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with particular emphasis on those matters, including, but not limited to, subservice utilities likely to be affected or impacted by the work proposed along with a description of such other governmental permits or approvals as may be required by applicable law with respect to the proposed installation(s) and a description of such other permits or approvals for which the applicant has applied;
[4]
Authorization for any consultant acting on behalf of the applicant to speak with the Township and the Township's representatives on the area of consultation for the applicant even if the applicant cannot be available;
[5]
Verification from an appropriate professional that the small wireless facility shall comply with all applicable federal, state and local laws, administrative regulations and codes;
[6]
The applicant shall certify that they shall market the availability of approved facilities to all major wireless carriers in the marketplace. The applicant shall further certify that they will encourage, manage and coordinate the location and placement of any interested carrier's equipment on their structure.
(c)
An applicant seeking to deploy a network of small wireless facilities on existing utility poles or structures within the Township's rights-of-way, may file a batched application for up to 10 small wireless facilities and receive a single siting permit for multiple small wireless facilities.
(5)
Procedure on permit application; no exclusive rights.
(a)
The Township shall review the application for a small wireless facility siting permit in light of its conformity with the provisions of this subsection, and shall approve a siting permit on nondiscriminatory terms and conditions subject to the following requirements:
[1]
Within 10 days of receiving an application, the Township Zoning Officer shall determine and notify the applicant:
[a]
Whether the application is complete;
[b]
If the application is incomplete, what specific information is missing; and
[c]
Whether the deployment of the small wireless facilities as proposed requires the applicant to apply for other permits, such as a street opening permit or construction permit or land use approval, for which the applicant has not yet applied. No small wireless facility siting permit application shall be deemed complete until the applicant has applied for all other permits and approvals required by all other laws and regulations that are applicable to the applicant's proposed small wireless facility deployment.
[2]
The Township shall make its final decision to approve or deny the application within the following time frames:
[a]
Sixty days from the submission of a complete application to install a small wireless facility upon one or more existing structures.
[b]
Ninety days from the submission of a complete application to install a small wireless facility upon one or more new structures.
[c]
Ninety days from the submission of a complete batched application to install small wireless facilities upon both existing structures.
[d]
The time frames described above by which an application shall be either approved or denied may be extended by mutual consent of the applicant and the Township.
(b)
The Township Zoning Officer shall notify the applicant in writing of the final decision, and if the application is denied, specify the basis for denial.
(c)
Notwithstanding an initial denial, the applicant may cure any deficiencies identified by the Township within 30 days of the denial without paying an additional application fee, provided the Township Zoning Officer shall approve or deny the revised application within 30 days of receipt of the amended application which shall be to the deficiencies specified in the original notice of denial.
(d)
If the Township fails to act upon an application within the time frames prescribed by this section, the applicant may provide written notice to the Township that the application review and decision period has lapsed. Upon receipt of such notice, the Township Council, by resolution adopted no later than its second regularly scheduled public meeting next following receipt of the notice, shall either deny the application or direct that the siting permit shall be approved and issued. Nothing in this subsection is intended in any way to impact any other right or remedy that may be available to the applicant under applicable federal or state law if the Township fails to act upon an application within the time frames prescribed by this section.
(e)
A siting permit from the Township authorizes an applicant to undertake only certain activities in accordance with this subsection. No approval or consent granted, or siting permit issued, pursuant to this subsection shall confer any exclusive right, privilege, license or franchise to occupy or use any public right-of-way within the Township for the delivery of telecommunications services or for any other purpose.
(6)
Duration. No siting permit issued under this subsection shall be valid for a period longer than 12 months unless construction has actually begun and continuously and diligently is pursued to completion. Upon written request from the applicant, the Township Council may extend the siting permit for a period of up to 12 months so long as construction has begun at the time that the applicant's request for an extension is made.
(7)
Routine maintenance and replacement. A small wireless facility siting permit shall not be required for:
(8)
Application fees. All applications for approval and issuance of a small wireless facility siting permit pursuant to this subsection shall be accompanied by a fee as follows:
(a)
For applications that do not include the installation of any new structures within a right-of-way the application fee shall be $500 for up to five small wireless facilities with an additional $100 for each small wireless facility beyond five.
(b)
For applications that include the installation of a new structure within a right-of-way the application fee shall be $1,000 for up to five small wireless facilities with an additional $100 for each small wireless facility beyond five.
(9)
Escrow fees for third-party professionals and consultants. In addition to the application fee, all applications for approval and issuance of a small wireless facility siting permit shall be accompanied by an escrow fee as follows:
(a)
For applications whose proposed small wireless facility deployment(s) will not require a street opening permit or new structure: $5,000.
(b)
For applications whose proposed small wireless facility deployment(s) will require a street opening permit or new structure: $7,500.
(c)
The escrow account deposits are required to pay for the costs of professional services, including engineering, planning, legal and other third-party professional consulting expenses connected with the review of submitted materials, including any traffic engineering review or other special analyses related to the Township's review of the materials submitted by the applicant and the preparation of any reports or any necessary legal agreement regarding rights-of-way use. An applicant is required to reimburse the Township for all fees, costs and expenses of third-party professionals and consultants incurred and paid by the Township for review process of a small wireless facility siting permit application, such as, but not limited to: (1) professional fees for reviews by third-party professionals or consultants of applications, plans and accompanying documents; (2) issuance of reports or analyses by third-party professionals or consultants to the Township setting forth recommendations resulting from the review of any documents submitted by the applicant; (3) charges for any telephone conference(s) or meeting(s), including travel expenses, requested or initiated by the applicant, the applicant's attorney or any of the applicant's experts or representatives; (4) review of additional documents submitted by the applicant and issuance of reports or analyses relating thereto; (5) review or preparation of right-of-way use agreements, easements, deeds, right-of-way municipal consent ordinances or resolutions and any and all other like or similar documents; and (6) preparation for and attendance at all meetings by third-party professionals or consultants serving the Township, such as the Township Attorney, Township Engineer and Township Planner or other experts as required. The escrow account deposits shall be placed in a separate account by the Township's Chief Financial Officer.
(10)
Municipal access to new structures. An applicant who installs any new smart pole structure shall provide the Township with access to any of the technological features that are a component of the new smart pole structure such as, for example, public access Wi-Fi, 911 call service or security cameras, before the applicant offers such access to any other person or entity. Should the Township decide to utilize any such technological features then the Township, on an annual basis, shall reimburse the applicant or the subsequent owner of the structure the costs of providing electricity to the components used by the Township and the costs of any repairs required to be made to the components used by the Township, unless the repair costs are necessitated by the acts of the applicant or subsequent owner of the structure, without regard to whether such acts are negligent or intentional.
§ 310-185 Sale of building supplies.
A.
Outside storage is only permitted in the rear yard area if there is a building on the lot.
B.
There is to be no display of merchandise within the front yard setback.
C.
When abutting a residential zone, any areas of outside storage must be buffered from adjacent residences with a buffer area that is double the minimum required buffer for the zone.
D.
Minimum lot area: 40,000 square feet.
E.
No materials may be stored within 50 feet of any side or rear yard.
§ 310-186 Planned age-restricted communities.
[Added 3-6-2014 by Ord. No. 07-14]
A.
Conditional use requirements. The following are the conditional use requirements for planned age-restricted communities, the deviation from which would require a special reasons "D" use variance from the Planning Board pursuant to N.J.S.A. 40:55D-70d:
(1)
Minimum tract area: five acres.
(2)
Maximum density. The density shall not exceed six dwelling units per gross acre of the tract. For the purpose of this requirement, internal streets, roads and rights-of-way shall be included in the gross tract acre calculations.
(3)
Permitted dwelling unit types. The dwelling unit buildings shall be limited to duplexes, townhouses, townhouse-duplex combinations, patio houses, zero-lot-line dwellings, stacked multistory buildings not exceeding three stories or 40 feet in height, or any combination thereof.
(4)
Permitted accessory uses. Accessory uses shall be limited to the following:
(a)
Community center for the use of residents of the planned age-restricted community.
(b)
Recreational facilities and uses, including buildings for recreational activities, biking paths, walking paths, tennis courts, shuffleboard courts, exercise facilities, gazebo, swimming pools, picnic areas, gardens and similar recreational improvements related to the planned age-restricted community.
(c)
Administration and maintenance buildings.
(d)
Fences, signs, and entry features, including gatehouses and/or secured entries.
(e)
Off-street parking, including attached or detached garages.
(f)
Public utilities and essential services.
(g)
Other uses customarily incidental and accessory to planned age-restricted communities.
(5)
Age restrictions for dwelling unit occupancy. Approval of a planned age-restricted community shall require the placement of restrictive covenants, in a manner satisfactory to the Planning Board Attorney, on the deeds to all portions of a tract to insure that occupancy will be limited to at least one member of the household 55 years of age or older with no children under 19 years of age in permanent residence, pursuant to Federal Fair Housing Act.
B.
Area, yard, bulk and architectural requirements. The following are the area, yard, bulk and architectural requirements for planned age-restricted communities. The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a "D" variance from the Planning Board:
(1)
Application of area, yard and bulk requirements to individual dwelling lots. In any planned age-restricted community, a dwelling unit may or may not be located on an individual lot. Individual lots may be created without regard to area or other bulk requirements, provided that all required setbacks from the tract boundary, from streets and between buildings shall be complied with. Building coverage, improved coverage and open space requirements shall be calculated only for the entire tract.
(2)
Minimum building setback from tract boundary. All buildings shall be located at least 50 feet from any tract boundary, including any exiting public roadway located along the exterior of the lot or tract, except that a gatehouse may be located within 20 feet of any portion of the tract boundary that abuts a street right-of-way. The gatehouse shall not be located in the right-of-way of any street or road to be dedicated to the Township.
(3)
Minimum building setback from interior streets. All buildings shall be located a minimum of 20 feet from the curbline of any street located within the tract boundaries, except where contiguous sidewalks and off-street parking spaces are provided, in which case the twenty-foot building setback shall be measured from the inside edge of the sidewalk.
(4)
Minimum distance between principal buildings. In the planned age-restricted community, the following shall be the minimum distance between buildings:
(a)
The front of one building to the front of another building: 75 feet.
(b)
The front of one building to the side of another building: 40 feet.
(c)
The front of one building to the rear of another building: 75 feet.
(d)
The side of one building to the side of another building (other than an attached unit): 20 feet.
(e)
The side of one building to the rear of another building: 40 feet.
(f)
The rear of one building to the rear of another building: 60 feet.
(5)
Buffer areas. The applicant shall maintain a buffer area along the tract boundary that shall not be less than 40 feet deep, except where adjacent to publicly owned parklands or preserved open space, in which instance the required buffer shall not be less than 10 feet deep, all as regulated by Subsection C(4).
(6)
Permitted projections. Chimneys, bay windows, overhangs and other building protrusions shall be permitted to encroach up to four feet, and decks and patios shall be permitted to encroach up to 10 feet within the required setbacks from the tract boundary and within the required areas between buildings. No such projections or encroachments, however, shall be permitted within required buffer areas, and no overhang, deck or patio shall be permitted to encroach within the required setback from interior streets.
(7)
Maximum building coverage. The maximum coverage for all buildings on the tract shall be 25%.
(8)
Maximum improved coverage of the tract. The maximum improved coverage by all buildings and man-made improvements on the tract shall be 60%.
(9)
Common open space. At least 25% of the total land area of the tract within the PARC District shall be designed for and devoted to common open space. In computing the 25% requirement, common recreation areas accessory to the residential use and required buffer areas shall be included, as well as the community building and any paved areas or buildings devoted to open space and recreational use. Excluded from the 25% requirement shall be dwelling unit buildings, roadways, parking areas not reserved for the community building and accessory recreational facilities, and any area located within 10 feet of such buildings, roadways and parking areas.
(10)
Maximum building height. The maximum height of all buildings shall be three stories or 40 feet, whichever is less. In the event that a walkout lower level is provided on the downhill side of a building, such level shall not be considered a story for purposes of administering this requirement. Building height shall be measured for each dwelling unit and shall be measured from the average finished grade at the base of each unit to the highest evaluation of the roof of such unit, exclusive of chimneys, cupolas, antennas, vents, etc.
(11)
Architectural principles. Creative architectural design is favored. However, to the greatest practicable extent, such creativity shall be effected to foster and compliment a sense of order and organization in the built environment instead of disjointed and haphazard development. Every developer shall seek to design buildings in a manner which is consistent with or complimentary of the prevailing and desirable patterns in a particular community or neighborhood. The following criteria shall be considered:
(a)
Where large structures are required, massing and blank walls shall be avoided as much as possible and, where necessary, relieved by variation and architectural relief and details. Excessively expansive blank walls are prohibited. Building designs should incorporate details such as masonry chimneys, cupolas, dormers, and similar features of architectural appeal. Architectural treatments shall be applied to all exposed surfaces, inclusive of exposed foundation walls on walkout buildings.
(b)
Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located so as not to be visible from any public ways.
(c)
Building components, such as windows, doors, eaves and parapets, shall be in proportion to one another.
(d)
Roof shape and material shall be architecturally compatible with the rest of the building and shall reflect surrounding patterns. Unless necessary pursuant to construction, architectural, engineering or safety standards, flat roofs shall be prohibited. Mansard roofs are discouraged except to soften or otherwise improve the appearance of a predominantly flat roof. Gable, hip, and gambrel roofs are favored.
(e)
Materials shall be selected for suitability to the type of buildings and the design in which they are to be used. Buildings shall have the same materials, or those that are architecturally harmonious, used for all building walls and other exterior building components wholly or partly visible from public ways.
(f)
Colors shall be selected to be harmonious. Only compatible accent colors shall be used. Building colors should reflect earth tones or historical colors. Accent or complimentary colors, harmonizing with the main color, may be used for trim, awnings and other accents. Metal awnings are prohibited.
(g)
Exterior lighting shall be designed to enhance the building design and the adjoining landscape. Lighting features and fixtures shall be of a design and size compatible with the building and adjacent areas.
C.
Additional requirements for planned age-restricted community. In addition to the conditional use requirements set forth in Subsection A and the area, yard and bulk requirements in Subsection B above, the following additional requirements shall apply to any planned age-restricted community. The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a "D" variance from the Planning Board:
(1)
Street requirements. The requirements of N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards) shall govern the design of streets.
(2)
Off-street parking requirements. Within the planned age-restricted community, parking spaces shall be provided for each dwelling unit in accordance with N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards).
(3)
Emergency facilities. Any planned age-restricted community shall be suitably designed to facilitate emergency access by police, firefighting and ambulance service vehicles.
(4)
Buffer areas.
(a)
No use or structure shall be permitted within the required buffer area except for the following, and only when it is demonstrated by the developer that such use and/or structures must be located within the buffer area in order to reasonably accommodate the permitted development. In the event such structures reduce the effectiveness of the required buffer below that intended by this section, the Planning Board may, at its discretion, require supplemental planting or screening methods within or outside the required buffer area.
(b)
Buffer area depth shall be measured horizontally and at right angles to a lot or street line or the tangent line of a curved lot or street line.
(c)
Within the open space buffer, the developer shall maintain a landscape screen containing mixed deciduous and coniferous trees and shrubs of sufficient density to provide a year-round visual screen.
(d)
Except for existing preserved or transplanted vegetation, evergreen trees shall be a minimum of six feet in height when installed. All deciduous trees shall be 2 1/2 inches in caliper when installed. At least 25% of all deciduous trees shall be of a species native and indigenous to the area. Shrubs used in screen planting shall be at least two feet in height when installed. All plant material, except preserved vegetation or vegetation transplanted from within the tract, shall be nursery stock and shall be free of insects, disease, deformities and damage. Any plant material that does not survive in vigorous conditions shall be replaced within two years or two growing seasons of installation, at the discretion of the Planning Board.
(5)
Utility and drainage improvements. The planned age-restricted community shall be served by public water and public or DEP-approved on-site sanitary sewerage systems. All utility improvements, including but not necessarily limited to storm drainage systems, sanitary sewerage collection and disposal systems, water supply and distribution systems, gas, electric, telephone and cable television utilities, shall be subject to review and approval by the Township in accordance with the standards and procedures established at N.J.A.C. 5:21 et seq. (Residential Site Improvement Standards), by the New Jersey Department of Environmental Protection and appropriate county and other state agencies, where applicable. Water supply and distribution facilities shall also be subject to review and approval by the Township Engineer, Fire Official and Water Department.
(6)
Fences and walls. Fences, walls, and retaining walls shall be permitted in required yards, as approved by the Board, provided that no fence or freestanding wall shall exceed six feet in height, unless located in the front yard between a principal building and any street or roadway, in which case no fence or freestanding wall shall exceed four feet in height. Retaining walls may exceed six feet in height, provided that the Planning Board may, in appropriate situations, require such walls to be terraced and/or landscaping to be planted in front of such walls in order to reduce their visual impact.
(7)
Signs. One two-sided project sign shall be permitted. The sign shall be ground mounted and located at least 20 feet from the curbline of any street. The area of each side of the sign shall not exceed 32 square feet. Any lighting of the sign shall be designed to avoid glare. The color, design and material of the sign shall be reflective of the color, design and material of the residential buildings on the site.
(8)
Accessibility for the handicapped. The development shall be designed in accordance with the applicable standards for accessibility and/or occupancy by handicapped persons promulgated by the federal government or the State of New Jersey or through their respective departments or agencies having jurisdiction in such matters.
(9)
Community building. The community may have a community building that may include, but not be limited to, a kitchen, offices, recreation and social activity rooms, and a multipurpose room designed for social activities. The following requirements shall apply to the community building facility:
(a)
The height of the community building shall not exceed two stories or 35 feet. The community building shall provide a minimum of 1,500 total square feet or 20 square feet of floor space per housing unit, whichever is greater.
(b)
One parking space for every six dwelling units shall be provided at the community building. Parking for the disabled shall be provided as required by state and federal law.
(c)
No more than 50% of the dwelling units shall receive certificates of occupancy unless and until the community building shall have been completed and open to residents of the community.
(10)
Gatehouse. One gatehouse shall be permitted. The height of the gatehouse shall not exceed 18 feet. The gross floor area of the gatehouse shall not exceed 300 square feet. The color, design and material of the gatehouse shall be reflective of the color, design and materials of the residential buildings on the site.
(11)
Homeowners'/condominium association. The applicant shall establish a homeowners' or condominium association for the planned age-restricted community. The documents establishing and governing the homeowners' or condominium association shall be submitted with the development application for the review and approval of the Planning Board. The association shall own and be responsible for the maintenance, repair and reconstruction of all commonly owned buildings, facilities and lands. At a minimum, all such lands shall include recreational areas, open space, and drainage facilities required by the Planning Board. Notification of the ownership and maintenance responsibilities of the homeowners' association for all recreation, security facilities and undeveloped open space shall be included in the contract of sale and deed of each residence.
§ 310-186.1 Multi-Family Inclusionary Communities (MFIC-1).
[Added 2-21-2019 by Ord. No. 04-19]
A.
Conditional use requirements. The following are conditional use requirements for multifamily inclusionary communities (MFIC-1), the deviation from which would require a 'd' variance from the Planning Board pursuant to N.J.S.A. 40:55D-70d et seq.:
(1)
Minimum tract area: six acres.
(2)
Maximum density: the density shall not exceed 8.0 units per gross acre of land.
(3)
Permitted principal uses: apartment units as defined in § 310-4 of the Code of the Township of Mine Hill.
(4)
Permitted accessory uses:
(a)
Streets, roadways and driveways.
(b)
Off-street surface parking and attached or detached garages.
(c)
Sanitary sewer pump stations.
(d)
Stormwater management facilities.
(e)
Site identification signs.
(f)
Trash enclosures.
(g)
Site utilities.
(h)
Construction office and/or trailer for the duration of the construction of the project.
(i)
Recreational facilities and uses including walking paths, recreational furniture, exercise facilities, tot lots, and other recreational facilities typically associated with a multifamily residential development.
(j)
Community mailboxes.
(k)
Other uses customarily incidental and accessory to a multi-family residential development.
(5)
Affordable housing units: The total number of affordable housing units that shall be constructed shall be 20% of the total number of units approved by the Planning Board. All affordable units shall comply with the Township's Affordable Housing Ordinance, the Uniform Housing Affordability Controls UHAC, applicable COAH affordable housing regulations including but not limited to phasing and bedroom distribution requirements, any applicable order of the Court, and other applicable laws.
(6)
All development on Lot 1 in Block 2004 shall be served by public water and sewer facilities.
(7)
The maximum building height shall be 48 feet.
(8)
The maximum number of stories of a building shall be four.
B.
Area, yard, bulk and architectural requirements. The following are the area, yard, bulk and architectural requirements for multifamily inclusionary communities (MFIC-1). The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a "d" variance from the Planning Board:
(3)
Accessory structure building height: Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.
C.
Additional requirements for multifamily inclusionary communities (MFIC-1). In addition to the conditional use requirements set forth in Subsection A and the area, yard and bulk requirements in Subsection B above, the following additional requirements shall apply to any multifamily inclusionary communities (MFIC-1). The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require 'c' or 'd' variances from the Planning Board:
(1)
Parking requirements:
(a)
Parking for the apartment units shall be provided in accordance with the requirements in the Residential Site Improvement Standards (N.J.A.C. 5:21-4.14 et seq.).
(b)
Parking stalls for guests and visitors must be provided in addition to that required under Subsection C(1)(a) above. Guest and visitor parking shall be provided at a rate of 0.2 parking stalls per apartment unit.
(c)
Off-street surface parking areas shall be setback from the tract boundary at least 40 feet.
(d)
Off-street surface parking areas facing external property lines shall be screened with landscape materials to prevent headlight glare from projecting off-site.
(2)
Permitted signage:
(a)
One monument sign adjacent to the site entrance at Hurd Street identifying the name of the development is permitted.
(b)
The total area of the monument sign, including the sign face, shall be limited to 32 square feet.
(c)
The height of the sign shall not exceed eight feet above grade.
(d)
Monument signs shall be set back a minimum of 10 feet from the Hurd Street right-of-way line and not be located within any sight triangles established at the intersection of the entrance road with Hurd Street.
(e)
Monument signs shall be set back from sidelines a minimum of 25 feet.
(f)
Monument signs may be lit, but only in compliance with the requirements in § 310-236 of the Land Use Ordinance.
(g)
Directional signage and street signage within the site is permitted if approved by the Planning Board as part of the site plan review.
(h)
Building signage identifying the building name or number and/or the addresses of units within the building are permitted if approved by the Planning Board as part of the site plan review.
(i)
Temporary sales signage is permitted during the construction period within the site if approved by the Planning Board as part of the site plan review. Temporary signage must be shown on the site plan submitted to the Planning Board for the project.
(4)
Landscaping:
(a)
The application shall include professionally designed and executed landscaping for the project.
(b)
Landscaping shall include shade trees, flowering trees and shrubs, evergreens, decorative grasses, annual and perennial flowering plants, ground covers and lawns.
(c)
Shade trees shall be provided along external streets and internal roadways and parking areas.
(d)
Appropriate shade tree species shall be planted at a maximum spacing of 50 feet.
(e)
Tree spacings may be modified to accommodate utilities, lighting, drainage facilities, rock outcroppings and other similar features.
(f)
Areas not utilized for parking areas, driveways, streets and roads, recreational facilities, patios or terraces shall be provided with lawns or other suitable ground cover, trees and shrubs, or left undisturbed and preserved in its natural vegetative state.
(5)
Buffer requirements:
(a)
The need for any buffers between buildings and site improvements and the external property lines shall be determined during site plan review. The minimum width of any buffer determined to be required by the Planning Board shall be 25 feet.
(b)
Proposed buffer plantings, if required, shall be arranged in a natural staggered pattern and shall not be lined up in straight, single rows. Buffer plantings may include deciduous and evergreen trees and shrubs, flowering plants, lawns and groundcovers.
(c)
The Planning Board may require, however, that the buffer area be maintained in its natural state if a site inventory of existing vegetation reveals that the existing vegetation is suitable as a landscaping screen.
(6)
Lighting requirements:
(a)
The location, spacing and quantity of site lighting provided shall be that which is necessary to meet the lighting area standards described herein.
(b)
Where located along roads and driveways, lighting shall be provided at a maximum spacing of 150 feet apart.
(c)
The spacing of the lighting may be modified to accommodate utilities, drainage facilities, rock outcroppings and other similar features.
(d)
Low-pressure sodium or mercury vapor lighting is prohibited.
(e)
Road and parking area lighting shall comply with the following standards:
[1]
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multifamily housing or other uses having common off-street parking and/or loading areas shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare lights. The light intensity provided at ground level should be indicated in footcandles on the submitted site plans, and should be maintained at a minimum level of at least 0.5 footcandles at intersections, and 0.3 footcandles elsewhere to be illuminated. Lighting shall be provided by fixtures with a mounting height not more than 25 feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.
[2]
Any outdoor lighting, such as building and sidewalk illumination, driveway illumination, and the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties and traffic safety. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such a manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the shielding of lights and similar characteristics shall be subject to site plan approval.
[3]
No lighting fixtures shall be within 10 feet of the property line, except at entrances and along walkways.
(7)
Roadways, driveways and parking area requirements:
(a)
Roadways, driveways, and surface parking areas shall comply with the requirements in the Residential Site Improvement Standards (N.J.A.C. 5:21-4 et seq.).
(b)
Primary access to and from the apartment development shall be from Hurd Street.
(c)
Sidewalks shall be constructed on at least one side of each roadway and parking area within the development. The minimum width of all sidewalks shall be four feet. Curb ramps that comply with applicable accessibility guidelines shall be installed at all intersections where sidewalks intersect with roadways.
(8)
Architectural requirements:
(a)
Where an apartment building has a length along any plane that exceeds 100 feet, there shall be at least two setback changes along the facade equal to or exceeding 1.5 feet. Where an apartment building has a length along any plane that exceeds 150 feet, there shall be at least three setback changes along the facade equal to or exceeding 1.5 feet. Apartment buildings that have a length along any plane exceeding 200 feet shall have four setback changes along the facade equal to or exceeding 1.5 feet.
(b)
Wall offsets, where required, shall include projections such as balconies, canopies, and recesses.
(c)
Dormers or gables shall be provided to add architectural interest and variety to the building and relieve the effect of a single long roof.
(d)
Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building. Windows shall be vertically proportioned.
(e)
All building entrances shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, and railings. Such architectural elements shall not be subject to the minimum setback requirements outlined in § 310-186.1B(2) of the Land Use Ordinance.
(f)
Building construction and site development should incorporate green development practices and strategies such as those suggested by the USGBC through the Leadership in Environmental Education (LEED) Program or the use of Energy Star® rated materials and/or appliances. These practices and strategies may include reuse of existing building materials, responsible disposal or recycling of existing building materials and use of energy efficient HVAC units. LEED or other outside agency approval is, however, not required as part of this strategy.
(9)
Infrastructure maintenance requirements:
§ 310-186.2 Multi-Family Inclusionary Communities (MFIC-2).
[Added 2-21-2019 by Ord. No. 04-19]
A.
Conditional use requirements. The following are conditional use requirements for multifamily inclusionary communities (MFIC-2), the deviation from which would require a 'd' variance from the Planning Board pursuant to N.J.S.A. 40:55D-70d et seq.:
(1)
Minimum tract area: four acres.
(2)
Maximum density: The density shall not exceed 15.0 units per gross acre of land.
(3)
Permitted principal uses: Apartment units as defined in § 310-4 of the Code of the Township of Mine Hill.
(4)
Permitted accessory uses:
(a)
Streets, roadways and driveways.
(b)
Off-street surface parking and attached or detached garages.
(c)
Sanitary sewer pump stations.
(d)
Stormwater management facilities.
(e)
Site identification signs.
(f)
Trash enclosures.
(g)
Site utilities.
(h)
Construction office and/or trailer for the duration of the construction of the project.
(i)
Recreational facilities and uses including walking paths, recreational furniture, exercise facilities, tot lots, and other recreational facilities typically associated with a multifamily residential development.
(j)
Community mailboxes.
(k)
Other uses customarily incidental and accessory to a multifamily residential development.
(5)
Affordable housing units: The total number of affordable housing units that shall be constructed shall be 15% of the total number of units approved by the Planning Board in the event of rental units and 20% of the total number of units approved by the Planning Board in the event of for sale units. All affordable units shall comply with the Township's Affordable Housing Ordinance, the Uniform Housing Affordability Controls (UHAC), applicable COAH affordable housing regulations including but not limited to phasing and bedroom distribution requirements, any applicable order of the Court, and other applicable laws.
(6)
All development on Lots 2-6 in Block 1303 shall be served by public water and sewer facilities.
(7)
The maximum building height shall be 48 feet.
(8)
The maximum number of stories of a building shall be four.
B.
Area, yard, bulk and architectural requirements. The following are the area, yard, bulk and architectural requirements for multifamily inclusionary communities (MFIC-2). The following requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a "d" variance from the Planning Board:
(3)
Accessory structure building height: Accessory structures shall comply with the height requirements outlined in § 310-132 of the Land Use Ordinance.
C.
Additional requirements for multifamily inclusionary communities (MFIC-2). In addition to the conditional use requirements set forth in Subsection A and the area, yard and bulk requirements in Subsection B above, any multifamily inclusionary communities (MFIC-2) shall also comply with the additional requirements for multifamily communities (MFIC-1) as set forth in § 310-186.1C. These requirements shall not be considered to be conditional use requirements, and relief therefrom shall not require a 'c' or 'd' variance from the Planning Board.