Monroe Township Middlesex
City Zoning Code
City Zoning Code
ARTICLE VII
Conditional Uses
§ 108-7.1 Approval required.
A.
A conditional use is a permitted use only as specified by this chapter and may be granted in accordance with the standards and specifications of this section. No permit shall be issued for a conditional use unless an application is submitted to and approved by the approving agency. It shall be submitted and distributed in the same manner as prescribed for all other applications in the Land Development Ordinance.
B.
The approving board shall determine that the proposed use in the proposed location will not adversely affect the safety and enjoyment or property rights or otherwise adversely affect the value of adjacent properties; that the design of any structures and sites erected and developed in connection with such uses are in keeping with the general character of the surrounding environment.
§ 108-7.2 Standards of approval.
[Amended 7-6-2016 by Ord. No. O-6-2016-019; 5-7-2018 by Ord. No. O-4-2018-014]
A.
The following standards and conditions are required to be met in order to receive Approving Authority approval for specific conditional uses as indicated:
(1)
Extended, intermediate and long-term care facilities and hospitals shall adhere to the following:
(a)
A statement setting forth the need for any particulars on the operation of the structures or use shall be filed with the approving board.
(b)
The property proposed to be occupied by the use shall have a minimum lot area of five acres, minimum front, rear and side yard areas shall be 100 feet and the maximum lot coverage shall not exceed 25%.
(c)
The height of structures may exceed the maximum height requirements of § 108-6.4 provided, however, that the front, rear and side yard requirements set forth above shall be increased by one foot for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this chapter, and further provided that in no case shall any proposed structure exceed 50 feet in height.
(2)
Fraternal social and civil associations shall adhere to the following:
(a)
A statement setting forth the need for the use and a complete list of the proposed charter membership, including names and resident addresses shall be filed with the approving board.
(b)
The proposed use is a bona fide not-for-profit organization operated solely for the recreation and enjoyment of the members of said organization.
(c)
All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall be not less than three acres. Not more than 20% of the land area shall be covered by structures.
(d)
No building, structure or active recreation facilities shall be located within 100 feet of an adjacent residential property line.
(e)
Parking shall be provided in accordance with the requirements of this chapter.
(f)
Where parking areas are adjacent to a residential zone or use, a 25 foot buffer strip, including fences and shrubs, no less than six feet high shall be provided.
(g)
A landscape buffer strip 20 feet in width shall be provided along any road frontage, and along any side or rear lot line that abuts a residential zone. The buffer strip shall consist of shade trees, perennial-planting beds, annual flowerbeds or a combination thereof so installed as to provide a landscape buffer between properties per § 108-8.1.
(3)
Quasi-public uses: churches, synagogues, parish houses and similar religious uses, including parochial and private schools shall adhere to the following:
(a)
All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall be not less than 40,000 square feet, the side yards shall be not less than 25 feet each, and all other yard requirements shall be complied with.
(b)
Parking shall be provided in accordance with the requirements of this article.
(c)
Where parking areas are adjacent to a residential zone, a 25 foot wide buffer strip, including fences and shrubs, no less than six feet high shall be provided.
(d)
A landscape buffer strip 20 feet in width shall be provided along any road frontage, and along any side or rear lot line that abuts a residential zone. The buffer strip shall consist of shade trees, perennial-planting beds, annual flowerbeds or a combination thereof, so installed as to provide a landscape buffer between properties per § 108-8.1.
(4)
Public utility installations. Public utility uses and installations, above and below ground, such as transmission lines, telephone booster stations, gas metering stations, water storage tanks, pumping stations, substations and similar installations, but not service or storage yards, shall provide the municipal agency with the following:
(a)
A set of plans, specifications and plot plans and a statement setting forth the need and purpose of the installation.
(b)
Proof is furnished to the municipal agency that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located, further provided that the design of any building in connection with such facility conforms to the general character of the zone and will in no way adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located, that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, will be provided and periodically maintained.
(c)
All other requirements for the zone in which the use is to be located shall apply.
(d)
A landscape buffer strip 20 feet in width shall be provided along any road frontage, and along any side or rear lot line that abuts a residential zone. The buffer strip shall consist of shade trees, perennial-planting beds, annual flowerbeds or a combination thereof so installed as to provide a landscape buffer between properties per § 108-8.1.
(e)
Utility distribution or collection lines for water, gas, sewerage, electric and telephone services which are located in a public street or which provide service to private property in Monroe Township are exempt from this section.
(5)
Nursery, landscaping and horticulture shall adhere to the following:
(a)
With the exception of landscape plants, shrubs and trees, all materials shall be contained within a fully enclosed building or an enclosure with at least three solid sides with a height of six feet and an opening that is not visible to the public and from adjacent lots viewed from front, side and rear yards, except that open storage and sales areas may be maintained in a side or rear yard, provided that such open storage and sales areas are contiguous to the building and are encircled by a fence or wall of a design which is homogeneous to the adjacent building.
(b)
A six-foot high solid two-sided fence shall be so designed as to screen all materials and supplies, except plant materials, from public view. All other sections of the fence ordinance shall apply.
(c)
All regulations for the zoning district in which the use is to be located shall be complied with, except that the minimum lot area shall be not less than five acres, the maximum percentage of impervious lot coverage shall not exceed 20%, the maximum floor area ratio shall not exceed ten one-hundredths (0.10), and the maximum gross floor area of the building used for retail sales shall not exceed 1,000 square feet.
(d)
Plant materials may be displayed openly in any yard except within required side and rear yard buffers as required by the zoning district in which the use is to be located. Plant material displayed within a front yard shall be set back at least 20 feet from the street right-of-way line.
(e)
Off-street parking for employees shall be provided at the rate of one space per two employees.
(f)
Landscaping and horticulture nurseries that have retail sales of landscape plants, shrubs and trees and landscaping materials shall provide off-street parking for patrons at the rate of two spaces per one acre of lot area used for the production of landscape plant material, storage of landscape material and sale of landscaping plants and landscaping materials for retail sales. In addition, one parking space per 250 square feet of gross floor area of retail building space shall be provided.
(g)
Trucks and equipment shall be stored in buildings or enclosed by a solid eight foot high fence which shall not be located within a front, side or rear yard setback required by the zoning district in which the use is to be located.
(6)
Swimming pool sales, boat and marine equipment sales, and nonmotorized recreation equipment sales shall adhere to the following:
(7)
Automotive gasoline stations, automotive repair garages, automotive service stations, automotive sales and service facilities shall adhere to the following:
(a)
Setbacks. Where a yard adjoins a residential property, the commercial use shall maintain not less than a 50 feet setback from the boundary of a residential property.
(b)
Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard, provided that it is at least 30 feet from any front property line and maintains the required setback of the zone.
(c)
Curb cuts and driveways.
[1]
On a corner lot, a driveway shall be at least 25 feet from the street intersection as measured along the right-of-way line.
[2]
Driveways shall be no less than 25 feet and no more than 30 feet wide as measured along the right-of-way line. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.
[3]
Curb cuts shall be no less than 10 feet from any adjacent property line extended to the curbline.
[4]
Any two driveways giving access to a single street shall be separated by a curbed island of at least 20 feet.
[5]
A raised curb of at least six inches in height shall be provided along the street property lines, except for driveway openings.
[6]
There shall not be more than two curb cuts providing access to any one street.
(d)
Signs.
[1]
Freestanding signs. One free-standing sign shall be permitted, provided that the aggregate area of all sides of the sign shall not exceed 40 square feet.
[2]
Façade signs. Façade signs shall be allowed on front or side façades so as not to exceed 10% of the square footage of the façade on which it is located.
[3]
Other signs. Other signs that may be required by state or federal law shall be allowed, but no other advertising signs shall be permitted.
[4]
All other sign requirements of this chapter shall apply.
[5]
In the case of a multi-use facility, only one freestanding sign per facility in total shall be permitted. The placement of individual signs for individual uses shall not be permitted.
(e)
Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away from adjoining properties and streets and highways. No strings of multiple lights shall be permitted.
(f)
Pavement. All parking, access and driveway areas shall be paved with a permanent surface, such as macadam, with proper drainage so as not to affect adjacent property owners.
(g)
Location of pumps (automotive gasoline stations and automotive repair garages only). All pump islands shall be a minimum of 40 feet from any adjacent property line, 50 feet if a residential zone, and 40 feet from any public right-of-way.
(h)
Accessory buildings.
[1]
All lifts, lubrication equipment, service pits and goods for sale shall be enclosed within the service stations. With the exception of those items, wiper blades, oil and tires, outdoor displays of products for sale or rental shall not be permitted, except for the temporary storage of trash or garbage.
[2]
Convenience retail sales ancillary to gasoline service stations may be permitted in accessory buildings having a gross floor area that shall not exceed 7,000 square feet. All products for sale shall be within the convenience retail building.
(i)
Accessory uses.
[1]
The sale or rental of cars, trucks, trailers, boats or any other vehicles on the premises of an automotive gasoline station, automotive repair garage, automotive service station, automotive sales and service facility shall be prohibited.
[2]
The storage of cars, trucks, trailers, boats or any other vehicles not being serviced or repaired on the premises of an automotive gasoline station, automotive repair garage, automotive service station, automotive sales and service facility shall be prohibited.
[3]
All other activities are prohibited, including trailer or motor vehicle rentals. Storage of any vehicle requiring body work, or which is inoperable because of major repairs required, shall not be permitted, except at an automotive gasoline station, automotive repair garage, automotive service station, automotive sales and service facility.
[4]
The storage of inoperable vehicles, classified as junk cars, or those not currently registered with the State of New Jersey shall not be permitted.
(j)
Trash and garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be so designed that the trash shall not be seen from a public street or from adjoining properties.
(k)
Fuel tanks. Underground fuel storage tanks shall comply with all state and federal requirements.
(l)
Landscaping buffers and screening shall be provided as follows:
[1]
In all zones where the above automotive services are permitted as a conditional use, the following minimum requirements shall be met:
[a]
A minimum landscaped area 20 feet wide shall be provided along all property lines abutting public streets, except where curb cuts are permitted.
[b]
All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, metal or wood bumpers at least six inches in height and securely anchored into the ground.
[c]
Service areas and parking areas shall be screened from abutting property. A minimum of a six foot high architecturally solid fence shall be erected on all property lines, except the front property line.
[d]
All street trees and on-site deciduous shade trees shall conform to the requirements of the Monroe Township Shade Tree Commission.
(m)
Parking. There shall be four parking spaces for each repair bay, plus one space for each employee on the maximum shift, with a maximum of six vehicles stored in public view.
(n)
Service stations shall be subject to all other requirements of the zone in which they are located and to all laws of the municipality.
(o)
The use and parking of tow trucks shall be limited to three per automotive service station or automotive sales and service facility or automotive gasoline station and shall be unlimited for an automotive repair garage.
(8)
Car washes shall adhere to the following:
(a)
All other regulations for the district in which the use is to be located shall be complied with, except that the minimum lot area for a car wash shall be not less than 80,000 square feet.
(b)
Such use shall provide an adequate off-street automobile stacking area which shall not be less than 20 spaces per bay. Such stacking system shall in no way hinder or impair normal traffic flow on adjoining property or public rights-of-way. In addition, one parking space per employee on the maximum shift shall be required.
(c)
Approval of the Municipal Engineer regarding utilities and drainage and the Department of Health regarding performance standards shall be required.
(d)
A landscape buffer strip 20 feet in width shall be provided along any road frontage, and along any side or rear lot line that abuts a residential zone. The buffer strip shall consist of shade trees, perennial planting beds, annual flowerbeds or a combination thereof so installed as to provide a landscape buffer between properties per § 108-8.1.
(9)
Community residences for the developmentally disabled. Community residences for the developmentally disabled as defined in this chapter shall adhere to the following:
(a)
A set of building and floor plans, specifications and plot plan shall be submitted to the municipal agency.
(b)
A statement outlining the proposed use and purpose shall be submitted describing the types of services to be rendered to the residents of the facility, as well as the credentials and training of the personnel to be employed at the facility and the number of individuals who will reside therein.
(c)
A site plan pursuant to the requirements of this chapter shall be submitted.
(d)
The structure shall conform to all of the yard, area and height requirements of this chapter.
(e)
Off-street parking shall be provided in the side or rear yard areas at the rate of one space for each staff member as described above, in addition to one space for each group of three residents, or fraction thereof. Said parking area shall provide a minimum of a 10 foot wide buffer area along all adjacent residential property lines.
(f)
Each resident shall be supplied with a single bedroom of not less than 200 square feet, and a minimum total living area per resident shall be 400 square feet. In addition, one bathroom with a toilet, tub, shower and basin shall be provided for each group of two residents, or fraction thereof.
(g)
In no case shall a community residence for the developmentally disabled be permitted within 1,500 feet of another such use or if the number of developmentally disabled and mentally ill persons resident within such facilities in the municipality exceeds 50 persons or 0.5% of the municipal population, whichever is greater, or if the granting of such conditional use will cause the number of the developmentally disabled or mentally ill persons resident in such community residences to exceed the aforementioned maximum number for such persons in the municipality.
(10)
Amusement centers. Amusement centers shall adhere to the following:
(a)
A set of building plans and floor plans, including the number of locations of all coin-operated amusement devices, specifications and plot plan shall be submitted to the municipal agency.
(b)
A site plan pursuant to the requirements of this chapter shall be submitted.
(c)
Amusement centers shall not be located within 500 feet of a religious institution, library or school offering courses in public education.
(d)
Amusement centers shall be operated entirely within an enclosed building and shall be provided with self-closing doors.
(e)
Not more than two coin-operated amusement devices shall be permitted for each 100 square feet of gross floor area dedicated to such use.
(f)
Off-street parking shall be provided at the ratio of one space for each 100 square feet of gross floor area dedicated to such use.
(g)
Amusement centers may be established as an accessory activity to a permitted commercial use, except that not more than 20% of the gross floor area may be utilized for such purpose. Where such accessory use is proposed, it shall be physically separated from the principal use by a floor-to-ceiling solid partition.
(h)
All other requirements of this article shall apply.
(11)
Commercial recreation activities. Commercial recreation uses and activities, as herein defined, may be permitted in the following manner:
Use or Activity | Zone |
|---|---|
Miniature golf | R-60 & R-3A |
Golf driving ranges | R-60 & R-3A |
Tennis courts | R-60 & R-3A |
Gymnasiums and athletic clubs | H-D |
Swimming pools | H-D |
Billiards and pool rooms | N-C |
(a)
If proposed as freestanding structures on site it must meet the minimum bulk regulations for the zone in which it is located.
(b)
Ingress and egress for the parking areas shall be limited to the minimum required to properly handle the volume of traffic anticipated to be attracted by the use. Wherever said driveways are located on a state highway, acceleration and deceleration lanes shall be provided.
(c)
Wherever the property abuts or is across the street from a residential zone, a buffer area shall be established conforming to the requirements set forth in this chapter.
(d)
All signs shall conform to permitted signs in commercial zoning districts.
(12)
Satellite antennas shall adhere to the following:
(a)
All satellite antenna installations shall be permitted in all zoning districts subject to the following and shall require a construction permit.
(b)
Satellite antennas shall be considered an accessory building and shall be located to the rear of the front building line of the principal building.
(c)
Satellite antennas shall be permitted as ground installations only.
(d)
Satellite antennas may be installed on lots only where a principal building exists.
(e)
A maximum of one satellite antenna dish shall be permitted per lot.
(f)
Only antennas constructed with a wire mesh type dish shall be permitted.
(g)
The antenna dish shall not exceed 12 feet at its widest point.
(h)
The overall height of the antenna assembly shall not exceed 15 feet. This height shall be measured from grade with the dish facing at zero to horizontal.
(i)
The pedestal base to the antenna shall be located at a distance equal to the maximum overall height of the antenna plus one foot from any side or rear property line.
(j)
Wiring between the principal building and the antenna shall be underground and at least 18 inches below finish grade.
(k)
Antennas shall be screened by fencing or shrubbery of a suitable height to reduce motor drive noise and to minimize the visual impact from the street and the adjacent properties.
(13)
Regional shopping centers shall adhere to the following:
(a)
A minimum lot area of 25 acres shall be required and meet all the requirements of Article VI of this chapter.
(b)
Not more than 60% of impervious surface shall be permitted for any site.
(c)
Must provide traffic study for internal and external traffic.
(d)
All proposed retail uses shall conform to the bulk standards of their respective zones.
(e)
Not more than 20% of the required parking shall be permitted in a front yard. All other requirements of this chapter shall apply.
(f)
All buildings will have a break in façade at least every 40 feet.
(g)
Landscaping and buffering shall be provided in accordance with the requirements of this chapter.
(h)
Storm drainage and utilities shall be provided in accordance with the requirements of this chapter.
(i)
Proposed signs shall be provided in accordance with the requirements of this chapter.
(j)
Lighting shall be provided in accordance with the requirements of this chapter.
(14)
Community shopping centers shall adhere to the following:
(a)
A minimum lot area of 15 acres shall be required.
(b)
A maximum lot area of 20 acres shall be permitted.
(c)
A minimum lot width and frontage of 500 feet shall be required.
(d)
A minimum lot depth of 500 feet shall be required.
(e)
The maximum permitted gross floor area shall be 0.30.
(f)
The maximum permitted impervious coverage of the lot shall be 60%.
(g)
Setback. Where a yard adjoins a residential use or zone, the building, accessory structures and parking and loading areas shall be set back at least 65 feet from the property line that forms the boundary with the residential use or zone.
(h)
Landscape buffer area. A landscape buffer area shall have a width of 65 feet for the yard that adjoins a residential use or zone and 25 feet for all yards that adjoin nonresidential uses or zones. The design of the buffer area shall comply with requirements set forth in § 108-6.29H, except for the width of the buffer areas adjoining residential and nonresidential uses and zone as required herein.
(i)
Not more than 20% of the required parking shall be permitted in a front yard. All other requirements of this chapter shall apply.
(j)
All buildings shall have a break in the façade at least every 40 feet.
(15)
Neighborhood shopping centers shall adhere to the following:
(a)
A minimum lot area of three acres shall be required.
(b)
A maximum lot area of five acres shall be permitted.
(c)
A minimum lot width and frontage of 500 feet shall be required.
(d)
A minimum lot depth of 200 feet shall be required.
(e)
The maximum permitted gross floor area shall be 0.30.
(f)
The maximum permitted impervious coverage of the lot shall be 60%.
(g)
Setback. Where a yard adjoins a residential use or zone, the building, accessory structures and parking and loading areas shall be set back at least 65 feet from the property line that forms the boundary with the residential use or zone.
(h)
Landscape buffer area. A landscape buffer area shall have a width of 65 feet for the yard that adjoins a residential use or zone and 25 feet for all yards that adjoin nonresidential uses or zones. The design of the buffer area shall comply with requirements set forth in § 108-6.17H, except for the width of the buffer areas adjoining residential and nonresidential uses and zone as required herein.
(i)
Not more than 20% of the required parking shall be permitted in a front yard. All other requirements of this chapter shall apply.
(j)
All buildings shall have a break in the façade at least every 40 feet.
(17)
Home occupations shall adhere to the following:
(a)
Such uses are confined to not more than 25% of the habitable floor area of the principal structure.
(b)
Not more than two persons shall be employed in the home occupation or trade.
(e)
The use shall obtain site plan approval.
(f)
The use shall comply with all the requirements of the respective zoning district.
(18)
Advertising structures shall adhere to the following:
(a)
An advertising structure shall be located within 100 feet of the New Jersey Turnpike right-of-way.
(b)
The maximum area of the advertising surface shall be 1,000 feet on each side, its maximum height shall be 25 feet and its maximum length shall be 60 feet. All dimensions include border, trim, cutouts and extensions, but exclude decorative bases and supports. The overall height of the sign shall not exceed 45 feet from grade.
(c)
The location and design of an advertising structure shall comply with N.J.S.A. 27:5-5 et seq. (P.L. 1991, c.413) entitled "Roadside Sign Control and Outdoor Advertising Act" and N.J.A.C. 16:41C-1.1 et seq. entitled "Chapter 41C, Roadside Sign Control and Outdoor Advertising Act" and any other regulations adopted thereunder.
(d)
An advertising structure may contain an off-premises advertisement.
(e)
Billboards shall be located no closer than 1,000 feet to a residential zone line or use including the PRC or PRGC zone.
(19)
Hotels and motor inns shall adhere to the following:
(a)
A minimum lot area of three acres shall be required.
(b)
A minimum lot width and frontage of 300 feet shall be required.
(c)
A minimum lot depth of 300 feet shall be required.
(d)
The maximum permitted gross floor area shall be 0.35.
(e)
The maximum permitted impervious coverage of the lot shall be 60%.
(g)
Signage. One freestanding sign in the form of a monument sign shall be permitted. The maximum height of the sign shall be eight feet, and the maximum area of the sign shall be 50 square feet. The sign shall be set back a minimum of 10 feet from the property line.
(h)
Not more than 50% of the required parking shall be permitted in a front yard. All other requirements of this chapter shall apply.
(20)
Cabinet-making shop. Cabinet-making shops shall adhere to the following:
(a)
A minimum lot area of one acre shall be required.
(b)
No more than 5% of the gross floor area of the shop building shall be used for retail sales of cabinets manufactured in the premises of the shop building. Outdoor displays for retail sales are prohibited.
(c)
Setback. Where a yard adjoins a residential use or zone, the building, accessory structures and parking and loading areas shall be set back at least 65 feet from the property line that forms the boundary with the residential use or zone.
(d)
The maximum permitted floor area ratio shall be 0.30.
(e)
The maximum permitted impervious coverage of the lot shall be 55%.
(f)
Landscape buffer area. A landscape buffer area shall have a width of 65 feet for the yard that adjoins a residential use or zone and 25 feet for all yards that adjoin nonresidential uses or zones. The design of the buffer area shall comply with requirements set forth in § 108-6.17H, except for the width of the buffer areas adjoining residential and nonresidential uses and zone as required herein and the provision that fences and walls used for screening and noise reduction purposes shall be permitted within the buffer areas for side and rear yards.
(21)
Mulch processing facilities. Mulch processing facilities shall adhere to the following:
(a)
Mulch that is fully processed and ready for sale shall be contained within a fully enclosed building or an enclosure with at least three solid sides and an opening that is not visible to the public and from adjacent lots viewed from front, side and rear yards. Open storage and sales areas may be maintained in a side or rear yard provided that such open storage and sales areas are contiguous to the building and are encircled by a fence or wall of a design which is homogeneous to the adjacent building.
(b)
A six-foot high, solid two-sided fence shall be so designed as to screen all materials and supplies from public view. All other sections of the fence ordinance shall apply.
(c)
All regulations for the zoning district in which the use is to be located shall be complied with.
(d)
Off-street parking for employees shall be provided at a rate of one space per two employees.
(e)
Trucks and equipment shall be stored in buildings or enclosed by a solid eight-foot high fence. Parking and storage areas for trucks and equipment shall not be located within a front, side or rear yard setback required by the zoning district in which the use is to be located.
(f)
Mulch processing is restricted to the processing of source material derived from the processor's own tree service business activities.
(g)
Mulch processing facilities shall comply with all applicable state, county and local rules and regulations, including all state, county and local regulations regarding the storage and use of hazardous substances, including but not limited to safe and secure containment of chemicals and dyes. The municipal zoning official shall have the authority to enforce any violation of any state, county or local regulation as a zoning violation, including but not limited to regulations regarding the storage and use of hazardous substances.
(h)
Mulch processing facilities shall only process mulch between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday, and no mulch processing shall occur on Saturdays, Sundays and legal holidays.
(i)
Mulch processing facilities that are exempt from obtaining approval as a recycling center from the Department of Environmental Protection shall limit their mulch processing operations as follows:
[1]
Only the amount of unprocessed source material which the equipment on-site or as may be readily available is capable of processing within a one-week period up to a maximum of 7,500 cubic yards may be stored on site;
[2]
Storage of processed material on site shall not exceed one year;
[3]
Storage of processed material on site shall not exceed 7,500 cubic yards; and
[4]
Processing is limited to four times per year on a quarterly basis, and each processing event shall be limited to a two-week time period, unless prior approval is received from the Township.
[5]
A mulch processing facility shall notify the Zoning Official at least 48 hours prior to commencement of mulch processing of the date when the processing event will begin and the date when the processing event will end.
[6]
Mulch processing facilities shall be responsible for keeping a log indicating the dates and hours of mulch processing at the facility, which information shall be reported to the Municipal Zoning Official on the first day of the month following a month when mulch processing has been conducted at the facility.
(j)
Mulch piles shall be turned on a regular basis to protect against spontaneous combustion. The turning of mulch piles shall not be considered a processing event, and, except in extraordinary circumstances for safety reasons, shall be conducted between the hours of 9:00 a.m. and 4:00 p.m. Monday through Friday excepting legal holidays.
§ 108-7.3 Wireless communication facilities.
A. WIRELESS COMMUNICATION WIRELESS COMMUNICATION ANTENNA WIRELESS COMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated.
Any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include nonwireless telephone service.
Any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined above. For the purposes of this section, wireless communication antennas shall not be considered to be a public utility.
A freestanding monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
B.
Overall purpose. It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communication antennas within the Township of Monroe that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Monroe Township Master Plan and Land Development Ordinance provisions.
It is understood by the Township of Monroe that the federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
However, it also is understood by the Township of Monroe that the Federal Telecommunications Act of 1996 ("FTA") expressly preserves the zoning authority of the Township to regulate the placement, construction and modification of personal wireless service facilities subject to the six limitations noted at Section 332(c)(7)(B) of the FTA.
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.
C.
Overall objective. The overall objective of this section is to allow the provision of wireless communication services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact upon the prevailing character of the Township of Monroe and the quality of life enjoyed by its residents.
D.
Specific goals.
(1)
To minimize the total number of wireless communication towers within the Township of Monroe;
(2)
To limit the impact of wireless communication antennas, towers and related facilities upon the residences and the streetscapes throughout the Township of Monroe;
(3)
To safeguard the prevailing character of development throughout the Township of Monroe, with particular emphasis on maintaining the prevailing character of the residential zoning districts and neighborhood areas throughout the Township;
(4)
To encourage the location of antennas upon, or within, existing structures including, but not limited to, existing towers, tanks, cupolas, steeples and silos;
(5)
To encourage the collocation of antennas on the fewest number of existing structures within the Township of Monroe;
(6)
To discourage the construction of new towers that are not likely to be used by a number of wireless communication carriers;
(7)
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, siting, landscape screening and innovative camouflaging techniques;
(8)
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
(9)
To enhance the ability of the carriers of wireless communication services who adhere to the letter and intent of these ordinance provisions to provide such services quickly, effectively and efficiently; and
(10)
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332(c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
E.
Exemptions of applicability. This section shall not apply to any tower or the installation of any antenna that is under 70 feet high and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor shall it apply to any parabolic satellite antennas or nonwireless telephone services.
F.
Locations where wireless communication antennas may be located. Wireless communication antennas may be located only at the following two prioritized locations:
(1)
First priority locations: The first priority locations for wireless communication antennas shall be on the existing towers, tanks, power line poles, power line stanchions and buildings within Monroe Township which are identified in Addendum 1 to this section; antennas so located are permitted uses and do not require conditional use approval. (Addendum 1, referred to herein may be found at the end of this chapter).
(2)
Second priority locations: The second priority locations for wireless communication antennas shall be on new wireless communication towers on lands within the "HD" Highway Development or "LI" Light Impact Industrial Zoning Districts, provided that all related requirements of this section are met; antennas so located require conditional use approval.
G.
Requirements for first priority locations.
[Amended 5-6-15 by Ord. No. O-5-2015-007]
(1)
Notwithstanding any provision of this Land Development Ordinance of the Township of Monroe to the contrary, the location and height of antenna(s) on, or within, any of the existing structures within the Township identified in Addendum 1 to this section, and any accessory shelters enclosing the related electronic equipment, shall be considered permitted uses in the subject zoning district and, therefore, shall not require conditional use approval in accordance with N.J.S.A. 40:55D-67 of the Municipal Land Use Law, nor shall any variance be required in accordance with N.J.S.A. 40:55D-70d. of the Municipal Land Use Law.
(2)
Moreover, the location and height of the antenna(s) on, or within, any of the existing structures within the Township identified in Addendum 1 to this section, and any accessory shelter(s) enclosing the related electronic equipment, shall not require site plan approval, but shall require the review and approval of a submitted application by the Monroe Township Planning Administrator and by the Monroe Township Engineer.
(3)
The applicant first shall meet with the Township Planning Administrator and the Township Engineer to discuss the proposed location of the wireless communication antennas, the proposed location and possible landscape screening of any accessory shelter(s) enclosing the related electronic equipment, and any other construction that may be proposed or required regarding the installation of the proposed antennas.
(4)
In accordance with the instructions given to the applicant by the Township Planning Administrator and by the Township Engineer at the time of the meeting, the applicant thereafter shall submit plans and documentation for review, approval and signing by the Township Planning Administrator and by the Township Engineer, and no construction permit shall be issued by the Township Construction Official until he or she is in receipt of such signed plans.
(5)
In any case, the height of any proposed antenna extending above any existing structure shall not exceed 10 feet and all antennas shall be flush mounted antennas totaling no more than 12 in number.
(a)
Required fees:
[1]
Municipal Administrative Fee of $250 which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be nonrefundable.
[2]
A Professional Review Fee in the amount of $750 to be maintained by the Municipal Finance Officer.
H.
Requirements for second priority locations.
(1)
Regarding the second priority locations for wireless communication antennas on new wireless communication towers on lands within the "HD" Highway Development or "LI" Light Impact Industrial Zoning Districts, any such proposed tower, antennas and related equipment shall require conditional use approval in accordance with § 108-7.1 of this chapter, and preliminary major site plan approval and final major site plan approval in accordance with § 108-11.4 and § 108-11.6 of this chapter respectively.
(2)
The following information shall be submitted for major site plan approval, and the referenced § 108-7.3I, J, K, and L are those that contain the specific conditions, standards and limitations for wireless communication antennas as conditional uses in the Township of Monroe:
(a)
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the Township's development application checklists for preliminary and final site plans as specified in Article XVI of this chapter;
(b)
In order to be declared complete, the initially submitted application shall include an overall Comprehensive Plan in accordance with subsection I of this section hereinbelow;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the area and setback conditions set forth in subsection J of this section hereinbelow;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the design conditions set forth in subsection K of this section hereinbelow;
(e)
In order to be declared complete, the initially submitted application shall include the additional conditions indicated in subsection L of this section hereinbelow; and
(f)
During the public hearing process, the applicant shall schedule the time for a crane or balloon test with the Township Planning Administrator in order to provide the members of the Planning Board or Zoning Board of Adjustment, as the case may be, and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Board, including photographic reproductions of the crane or balloon test, graphically simulating the appearance of the proposed tower, with at least three antenna arrays attached thereto and from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible.
I.
Overall Comprehensive Plan for second priority locations.
(1)
In order to effectuate the purposes, objectives and goals of these ordinance provisions, any applicant for approval to erect a new supporting tower for wireless communication antennas shall provide threshold evidence that the proposed location of the tower and antennas have been planned to result in the fewest number of towers within and around the Township of Monroe at the time full service is provided by the applicant.
(2)
The applicant shall provide an overall Comprehensive Plan indicating how it intends to provide full service within and around the Township of Monroe and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Township.
(3)
The overall Comprehensive Plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
(a)
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one mile of the subject site, both within and outside of Monroe Township;
(b)
The mapped location and written description of all existing or approved water towers or water standpipes and existing power line stanchions within one mile of the subject site, both within and outside of Monroe Township;
(c)
Why the proposed antennas could not be located on any of the structures listed and mapped in Addendum 1 attached to these ordinance provisions, either within or outside of Monroe Township;
(Addendum 1 is included as an attachment to this chapter.)
(d)
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Township of Monroe by the applicant and by other providers of wireless communication services within the Township;
(e)
How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
(f)
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Township of Monroe while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers at a lesser height.
J.
Area and setback conditions for second priority locations.
(1)
The proposed tower, antennas and ancillary related electronic equipment shall be located on a land area of no less than 20,000 square feet;
(2)
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
(3)
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the subject land area, whether a separate lot or a leased portion of a lot; and
(4)
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within 200 feet of any street line and within 500 feet of any lot line of any adjacent property, provided that, in any case, no building, tower, other structure and/or land disturbance shall be located within 750 feet of any historic district or site as duly designated by Monroe Township, the State of New Jersey and/or by the federal government.
K.
Design conditions for second priority locations.
(1)
All towers shall be a monopole design.
(2)
All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or a nonoversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Township and the existing land uses and vegetation in the vicinity of the subject site.
(3)
The height of any proposed new tower and the antennas attached thereto shall not exceed 125 feet from the existing ground level beneath the tower.
(4)
No signage is permitted except such information signs deemed necessary for safety purposes by the Planning Board.
(5)
Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
(6)
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide the Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
(7)
Individual shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria;
(a)
Any proposed shelter enclosing required electronic equipment shall not be more than 15 feet in height nor more than 250 square feet in area, and only one such shelter shall be permitted for each provider of wireless communication services located on the site;
(b)
No electronic equipment shall interfere with any public safety communications;
(c)
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
(d)
All of the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a one and one-half (1 1/2) story building, which building shall not exceed 1,000 gross square feet in area and 20 feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or barn-like appearance; and
(e)
The building may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(8)
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
(b)
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight feet high at time of planting and any newly planted deciduous trees shall be a minimum caliper of three inches at time of planting.
L.
Additional conditions for second priority locations.
(1)
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
(2)
A letter of intent by the applicant, in a form that is reviewed and approved by the Township Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication carriers at reasonable rates that are economically viable; and
(3)
The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board or Zoning Board of Adjustment, as the case may be, in a form approved by the Township Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Township, when the antennas are no longer operative. Any wireless communication facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.
M.
Locational preferences for new towers. The following are not conditions, standards and limitations for the location of wireless communication towers, but are preferences of the Township:
[Amended 10-2-17 by Ord. O-9-2017-025]
(1)
To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by Monroe Township, the State of New Jersey and/or by the federal government.
(2)
To the greatest extent possible, no tower shall be located to be visible from any public street.
(3)
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographical elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
(4)
To discourage the placement of wireless communication towers within 500 feet of the property line of any school.
N.
Other requirements. All other applicable requirements of this section not contrary to the conditions, standards and limitations specified herein shall be met, but waivers and/or variances of such other applicable requirements may be granted by the Planning Board or Zoning Board of Adjustment, as the case may be.
O.
Technical review. In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board or Zoning Board of Adjustment, as the case may be, may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary.
P.
Application for variances to the Zoning Board of Adjustment. Any application submitted to the Monroe Township Zoning Board of Adjustment for a variance from any of the standards and conditions of these section provisions to construct or install wireless communication antennas and/or a new wireless communication tower in a location not permitted by this section shall be required to submit all of the information required herein for second priority locations, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Zoning Board.