Oxford Township City Zoning Code
ARTICLE X
Conditional Uses
§ 340-36 Declaration of purpose; general requirements.
A.
Purpose. In recognition of innovations and changes in the technology of residential land development which can be beneficial to the future well-being of the Township, but which benefits are unlikely to be realized through the uniform treatment of area, yard and building requirements on a lot-by-lot basis, and also in recognition of certain uses which are necessary to serve the needs and convenience of the Township, but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area, this chapter provides that such uses are declared to be conditional uses.
B.
Requirement. Uses which are specifically authorized in this chapter as conditional uses may be permitted in the particular zone where authorized (see Article IV, Zone Regulations) if found appropriate in the specific location and circumstances upon the approval of such conditional use by the Land Use Board pending site plan review, and such conditional use shall adhere to the minimum standards specified for that particular use by the applicable regulations of this chapter and shall further conform to such other conditions and requirements as may be stipulated in the approval of the conditional use.
§ 340-37 Guiding principles.
In its consideration of any application for a conditional use, the Land Use Board shall duly consider and take its action within the frame of reference established by the following guiding principles:
A.
Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located.
B.
Such use shall not be contrary to the purpose of this chapter, and such use will be beneficial toward achievement of the objectives of the Township.
D.
The design, characteristics and operation of the use shall be such that the public health, safety and general welfare will be protected and reasonable consideration is afforded to the following:
E.
For every such use the Land Use Board shall make its findings supported by evidence produced at a public hearing in the manner provided by law.
§ 340-38 Application procedure.
A.
Application. Application for a zoning permit authorizing a conditional use shall be made to the Land Use Board on forms provided by the Secretary of the Board. The application shall include an application for site plan review.[1]
B.
Public hearing. The Board shall schedule a public hearing on the application in accordance with the procedures for hearings as set forth in the Municipal Land Use Law and its amendments and supplements thereto.
C.
The Land Use Board shall grant or deny application for a conditional use within 95 days of submission of a complete application by the developer to the Secretary of the Land Use Board, or the Township Engineer, as the case may be, or within such further time as may be consented to by the applicant. The Land Use Board, when considering a conditional use application with a use variance, shall have 120 days from submission of a complete application.
(1)
The time period for action by the Board on conditional uses shall also apply to any required site plan review.
(2)
Failure of the Board to act within the period prescribed shall constitute approval of the application.
(3)
If approved, the Board shall direct the Zoning Officer to issue to the applicant a zoning permit, making reference to the conditions of approval, if any.
(4)
If denied, the applicant shall promptly be furnished a copy of the Board's resolution thereon, which shall clearly state the Board's reasons for disapproval.
§ 340-39 Certain public and semipublic uses.
A.
Conditional uses within this classification. Public and semipublic buildings, buildings and uses, such as libraries, museums, private schools, nonprofit outdoor recreational clubs, eleemosynary uses, other nonprofit uses similar in nature and scale, churches and other similar places of worship, parish houses, convents and other such facilities of recognized religions, are permitted, if found appropriate, as conditional uses in the zones so designated in Article IV.
B.
Provisions and requirements. In addition to the requirements specified in the Schedule of Area, Yard and Bulk Regulations (§ 340-19), applicable requirements of the general regulations (§§ 340-20 through 340-26) and the standards required for an approved site plan, the following requirements shall be provided:
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines other than street lines. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 340-22A.
(2)
Screening. The buffer strip required above shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms, as further prescribed in § 340-22B.
(3)
No outdoor activity shall be in a front yard or closer to a property line than 40 feet.
(4)
No signs other than those normally permitted in the particular zone shall be permitted for the conditional use.
§ 340-40 Service stations.
A.
Conditional uses within this classification. Motor vehicle or automobile service stations, filling or gasoline stations and motor vehicle or automobile repair garages are permitted, if found appropriate, as conditional uses in the zones so designated in Article IV.
B.
Provisions and requirements. In addition to the requirements specified in the Schedule of Area, Yard and Bulk Regulations (§ 340-19), applicable requirements of the general regulations (§§ 340-20 through 340-26) and the standards required for an approved site plan, the following requirements shall be provided:
(1)
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines (or boundaries of the area leased for the use in the case of a business center) other than street lines, except that access driveways may cross, but not otherwise be located within, the buffer strip if necessary. Such buffer strips shall be a minimum of 10 feet in width and shall meet the requirements prescribed in § 340-22A.
(2)
Screening. Unless located within a business center, the buffer strip required above shall also contain screening, such as dense hedges, decorative fencing or landscaped earth berms, as further prescribed in § 340-22B.
(3)
No public or private garage accommodating more than five vehicles and no service station shall have any entrance or exit within 200 feet of the entrance to a public school, public library, theater, church, hospital, public park, playground or fire station.
(4)
All public garages and service stations shall be so arranged, and all gasoline pumps shall be so placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within 25 feet of any street line or lot line.
(5)
The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below finished grade, the number and location of pumps to be installed, the type of structure and accessory buildings to be constructed and the number of automobiles which are to be garaged.
(6)
Accessory goods for sale may be displayed out of doors on the pump island(s) and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be on the above islands only if contained within a suitable stand or rack but shall not include tire racks or sheds. Tires shall be stored only inside the principal building or in the waste materials area, except that two tires may be displayed on the building island only. No vending machines shall be located out of doors.
(8)
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.
(9)
No vehicles shall be permitted to be standing or parked on the premises of a filling station other than those used or serviced by the employees.
(10)
Any outdoor storage of waste materials or supplies shall be to the rear of the building and within an area screened or fenced to a height of not less than six feet. The area of such enclosure shall not exceed 100 square feet and shall be not closer than 15 feet to any lot or street line and not closer than 25 feet to another lot which is within a residential district or a street line which is across the street from a residential district.
(11)
No waste material whatsoever shall be discharged into any watercourse or storm drainage system.
(12)
In addition to the signs permitted by Article VIII, service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
(13)
No liquid petroleum products or other flammable material shall be stored above ground out of doors, nor shall more than 300 gallons of such material be stored within a building.
§ 340-41 Cluster residential development.
A.
Intent. The intent of this section is to permit, as a conditional use, the creation of single-family detached dwellings on smaller lots than would otherwise be permitted within certain districts for the purpose of creating open space in usable areas and quantities, preserving desirable natural features and tree cover, and encouraging high quality of lot layout, planning and land design which will stabilize and enhance the character of the district of which they are a part, and to preserve the health, welfare and safety of the entire community.
B.
Provisions and requirements. The following special provisions shall be satisfied before a cluster residential development conditional use shall be approved:
(1)
Total land area. The proposed cluster residential development shall embrace a minimum contiguous land area in the zone or zones wherein such use is authorized in accordance with the following schedule:
[Amended 2-20-1986 by Ord. No. 86-2]
Zone | Acres | |
|---|---|---|
R-120 | 50 | |
R-80 | 50 | |
R-40 | 50 | |
RM | 100 |
(2)
Area, lot and bulk. Each lot and structure thereon within a cluster residential development shall meet the requirements specified in the Schedule of Area, Yard and Bulk Regulations (§ 340-19 for the particular zone where located and shall satisfy all applicable requirements of the general regulations (§§ 340-20 through 340-26).
(4)
Sewers and water. The following utilities shall be required for development and/or construction of a structure in a given zone:
[Amended 11-9-1979 by Ord. No. 79-11; 2-20-1986 by Ord. No. 86-2]
Zone | Mini- mum Area (square feet) | Private Well | Private Septic System | Water | Sewer | ||
|---|---|---|---|---|---|---|---|
R-120 | 120,000 | X | X | ||||
70,000 | X | X | |||||
70,000 | X | X | |||||
35,000 | X | X | |||||
R-80 | 80,000 | X | X | ||||
55,000 | X | X | |||||
55,000 | X | X | |||||
35,000 | X | X | |||||
R-40 | 40,000 | X | X | ||||
30,000 | X | X | |||||
20,000 | X | X | |||||
RM | |||||||
Single-family | 15,000 | X | X | ||||
Duplex | 7,500 | X | X | ||||
NOTE: The overall gross density of a cluster residential development in the RM Zone shall not exceed two units per gross acre. |
(5)
Underground utilities. The entire project shall be designed and constructed to provide full public utility services, including municipal sewerage, water supply and stormwater drainage, as well as electric, telephone and, where desired, CATV cables, all of which utility service systems shall be installed underground, except that in cases where the Land Use Board, because of soil conditions or other special physical site problems, shall determine that this requirement would be unreasonable or not feasible, the Land Use Board may waive the underground installation requirement as to one or more of such utility services.
(6)
Improvements. Streets, curbs, sidewalks, shade trees and other improvements normally required by the Oxford Township Subdivision Ordinance shall be provided as approved by the Land Use Board of the Township of Oxford.
(7)
Detached single-family dwellings. Within the R-120, R-80 and R-40 Zones, only detached single-family homes can be constructed and occupied as such in cluster residential developments. Both single-family homes and duplexes shall be permitted in the RM Zone.
[Amended 2-20-1986 by Ord. No. 86-2]
(8)
Open space. There shall be dedicated irrevocably for use as common open space within the cluster residential development for the benefit of the residents of such development an area or areas shown on the site plan of the entire development and approved by the Land Use Board.
(a)
Within the R-120, R-80 and R-40 Zones, the total area of such common open space shall be equivalent to the difference between the total actual area of all plotted lots shown on the cluster residential site plan and the total area which would be produced by multiplying the total number of plotted lots by the minimum lot area required in a conventional subdivision in the same zone, or 20% of the gross land area of the entire cluster residential development, whichever is the greater. Within the RM Zone, the total area of open space shall be 20% of the gross land area of the entire cluster residential development.
[Amended 2-20-1986 by Ord. No. 86-2]
(b)
There shall be at least one contiguous parcel of common open space (having direct access to one or more public streets in at least two places, each with a frontage of at least 50 feet) having a minimum area of 10 acres or 10% of the total land area, but not less than two acres of well-drained, reasonably level land, suitable for recreational use, at least 50% of which shall be improved for recreational purposes by the installation of facilities and/or equipment such as, by way of illustration but not of limitation, swimming pools, tennis, handball or squash courts, golf courses, play fields for team sports, children's playground equipment and similar improvements. None of such facilities shall be placed so that any part thereof is within 100 feet of any street or residential property line. The recreation facilities shall be designed to provide a minimum of 100 user days per year per dwelling unit. Usable common open space shall be developed and improved in accordance with the declared proposals set out in the developer's approved site plan of the entire development in a manner and rate consistent with the development of the subdivision. The developer shall complete various stages or portions of the improved common open space and facilities to be constructed thereon prior to final subdivision plat approval of any section of the cluster residential development.
(c)
Each unit of common open space shall contain an area of at least one acre and shall have a reasonable access strip at least 25 feet in width with frontage on a street.
(d)
All land to be devoted to common open space shall be reasonably usable for the purpose proposed. Undrained swampland or land with a slope in excess of 6% or other peculiar topographical characteristics which cannot be reasonably used for any recreational purpose shall not qualify for inclusion in common open space, nor shall any land be included unless reasonable provision is made by the developer for the drainage of surface waters therefrom to prevent erosion thereof or of abutting properties. Land subject to aboveground storm drainage shall not be included in the minimum open space requirements. Land subject to aerial utility line easements shall not comprise more than 33% of the minimum open space requirements, provided that in no event shall said easements be used as open space unless the same are a minimum of 200 feet wide and any aerial lines therein are a minimum of 25 feet above finished grade.
(e)
All or part of such common open space may be offered for dedication to the Township, but the Township shall not be obligated to accept the same. All common open space not accepted by the Township shall be conveyed irrevocably to a duly incorporated property owners' association (in which the owners of each lot in the cluster residential development shall be entitled to vote on the basis of lot ownership), which shall be responsible to properly maintain perpetually all of such common open space, pay all taxes assessed to the land constituting the same, as well as any improvements thereon, and supervise all activities conducted thereon, it being understood that the Municipality shall have no obligation whatsoever in connection with such common open space other than normal municipal services furnished to the public in general.
(f)
The deed of conveyance of such common open space to the property owners' association shall contain a restrictive covenant limiting such land to the common use of the homeowners within the cluster residential development for the purposes initially approved by the Land Use Board or such other purposes (not inconsistent with those initially approved) which the Land Use Board might subsequently approve at the request of the property owners' association. Said deeds shall also contain a restriction that said lands may not be sold or disposed of by the association, except to another organization formed to own and maintain said common open space, without first offering to dedicate the land to the Municipality or another government agency.
(g)
Prior to the sale of any lots within the cluster residential development, the developer shall execute and record a declaration of covenants and restrictions (after approval thereof by the attorney for the Land Use Board as to form and by the Land Use Board as to adequacy) by the terms of which all lands within the cluster residential development, and the owners thereof, shall at all times be bound to an annual assessment, according to an equitable formula based upon lot ownership, to meet the expenses of maintaining the common open space and all facilities therein. Such declaration of covenants and restrictions shall contain clear, unequivocal provisions creating an enforceable lien in favor of the property owners' association upon each and every lot within the development (regardless of whether or not a home shall have been constructed thereon and whether or not the vacant lot shall have been sold by the developer) for any unpaid annual assessment by the property owners' association. The declaration of covenants and restrictions shall also make the Township of Oxford a party thereto, granting to the Municipality express power to compel the association to perform its obligations relative to the maintenance of the common open space and all facilities thereon, and providing that, in case of default by the association, the Municipality, subject to the giving of notice and hearings provided in N.J.S.A. 40:55D-43, shall cause such work to be done as may be reasonably necessary to properly maintain such common land and facilities, and, in addition, the Municipality, in the event of the failure of the association to maintain the common open space in a reasonable condition, shall have the right, after notice and hearing as provided in N.J.S.A. 40:55D-43, to maintain said common open space from year to year and to charge the cost thereof ratably against each and every lot in the development for its proportionate share. Such charge shall be a tax lien upon such properties, payable with the taxes. The declaration shall also provide that each deed for each lot shall contain a specific covenant to run with the title to such lot, obligating the owner to promptly pay the annual assessments of the property owners' association and providing for a lien therefor upon the lot until paid.
(h)
Certified copies of the certificate of incorporation of the property owners' association, its bylaws and the declaration of covenants and restrictions therein to be contained, as well as any general declaration of restrictions, protective covenants and other documents to affect title and/or the implementation of the administration of the common open space within the cluster residential development, shall be submitted to the Land Use Board for approval and filed with the Township Clerk prior to final plat approval of the first section of the cluster residential development by the Land Use Board. The declaration of covenants and restrictions and any general declaration restricting the use, area and yard requirements of the individual lots shall be recorded in the office of the County Clerk.
(9)
The implementation of a cluster residential development shall be planned so as to coordinate the improvement of common open space and recreation uses and the construction of dwelling units, so that development of each use shall proceed at the same rate or in the same proportion. To ensure compliance with this subsection, the Township Engineer shall, prior to final plat approval of each section of the cluster residential development, review said development and examine the construction which has taken place on the site. If he shall find that the development has not taken place in accordance with the approved site plan, then he shall report such fact to the Land Use Board, which shall not approve the final plat.
C.
Diversity of exterior design. Except as provided in this chapter, no building permit shall be issued for the construction of any dwelling house on any lot in a cluster residential development that is substantially similar in exterior design and appearance to any neighboring dwelling then in existence, or for which a building permit has been issued or is pending, on any lot, the nearest boundary of which is within two lots of the nearest boundary of the lot on which the proposed dwelling is to be constructed.
(1)
Houses upon lots within such specified distance from each other shall be considered substantially similar in exterior design and appearance if they have any one or more of the following characteristics in common:
(a)
The same basic dimensions and floor plans without substantial differentiation of one or more exterior elevations.
(b)
The same basic dimension and floor plans without substantial change in orientation of the houses on the lots with reference to the front street.
(c)
The same basic height and design of the roofs without substantial change in design or exterior appearance.
(d)
The same basic size, type and location of windows and doorways in the front elevation, as well as the appearances and arrangement of the porches and garages thereon, without substantial variation.
(e)
The same basic kind and color of materials used in the front elevation without substantial variation in design, character and appearance from auxiliary buildings. Developers are encouraged to use a variety of stone, brick, lateral and vertical siding and other exterior treatment of residences in order to afford independent characteristics thereto and differentiation from other dwellings in the same neighborhood.
(2)
In addition to the requirements set out in Subsection C(1)(a) through (e) above, there shall be not less than eight individual basic house designs within each cluster residential development, and each basic house design shall provide alternate roof elevations, window and door locations, placement of garages and other similar features. Wherever feasible, not more than two houses of the same basic design shall be constructed along both sides of a common street in a single block.
(3)
To ensure conformity with the provisions of these regulations and to thus increase and protect respective property values of the dwellings within a cluster residential development, no building permit shall be issued for the construction of any residence therein unless and until the full floor plan and elevations with a general description of the exterior appearance and front treatment of said building shall have been exhibited to the Zoning Officer, together with a site plan showing its proposed location on the lot. Such plans, elevations, design and site plans shall be prepared by a licensed engineer or architect and shall be considered in the context of the immediate neighborhood to determine its compliance with the distance regulations herein provided and its conformity with these regulations. If there is any controversy regarding such compliance, the applicant shall have a right to appeal directly to the Oxford Township Land Use Board, which Board may grant relief to the applicant, after hearing, when, in its opinion, such relief can be granted in a manner not detrimental to the public interest and provided that such relief will not substantially impair the purpose of these regulations or otherwise impair the zoning plan.
§ 340-42 Heliports.
[Added 9-19-1991 by Ord. No. 91-10]
A.
"Heliport" means an area of defined dimensions designated for the landing and takeoff of helicopters, and used solely for that purpose.
B.
A heliport may be permitted by the Land Use Board as a conditional use in connection with and accessory to an industrial or office use in the following specific zone districts only: O and LI Office and Light Industrial Zone, LI Light Industrial Zone and I Industrial Zone. Helistops shall not be permitted in any district. (A "helistop" is an area designated for the occasional landing and takeoff of helicopters, but not used solely for that purpose, i.e., a parking lot, etc.)
C.
No such conditional use shall be permitted and no heliport shall be installed, used or operated unless the applicant therefor shall demonstrate, in accordance with the procedures for granting conditional uses (see §§ 340-36 through 340-39), the following:
(1)
Such facility meets all of the requirements for the issuance of a heliport private use license by the Division of Aeronautics, Department of Transportation, State of New Jersey.
(2)
Flights from the proposed heliport, including landings and takeoffs, will conform with all federal laws and regulations of the Federal Aviation Administration.
(3)
With regard to the landing and takeoff pads or sites:
(a)
They shall not exceed 75 feet in diameter in the O and LI Office and Light Industrial Zone and shall not exceed 100 feet in diameter in the LI Light Industrial and I Industrial Zones.
(b)
They shall be of dust-free surface (such as properly maintained grass) or pavement but, if pavement, shall conform to specifications required for construction of local streets.
(c)
Fencing shall be provided as set forth in Chapter 54 of the New Jersey Administrative Code.
(4)
Notwithstanding the minimum lot area for the district in which the heliport is proposed, any tract upon which a heliport is permitted shall contain a minimum of five acres or such larger area as required to provide the required setbacks.
(5)
Each heliport permitted under this section shall be visual flight route, landing and takeoffs to be in daylight hours only.
(6)
The heliport must be on the same lot as the principal use and be used only by persons conducting business with the occupants of the lot, and no commercial helicopter operations shall be conducted from the lot. (This provision shall not preclude the use of a heliport by helicopters utilized by fire, rescue, medical and/or police units during emergency operations.)
(7)
Minimum setbacks on landing pads from the property line shall be 200 feet from any lot line adjoining a nonresidential use or zoning district and at least 400 feet from a lot line adjoining residential uses or zoning districts, but in any event not closer to any property line than such distance which would result in a helicopter passing over a residential zoning district at less than 300 feet when in a landing or takeoff pattern.
(8)
A heliport in the LI Light Industrial Zone or the I Industrial Zone may also include a hangar and repair facility.
(9)
The landing pad area shall be landscaped to buffer noise from those portions of the landing pad having an unobstructed view of residential uses or zoning districts (see § 340-22).
(10)
The landing pad shall be located so as to provide a minimum of two approach and departure paths based on prevailing winds and the absence of obstacles. Both paths shall be located so that the final 300 feet of the approach shall be a straight line over undeveloped lands to permit a safe emergency landing.
§ 340-43 Home occupations.
[Added 10-17-1996 by Ord. No. 96-11]
A.
Purpose. The following provisions are intended to permit the limited use of single-family residential properties in Oxford Township as the location for a business conducted in or from the dwelling and/or its permitted accessory buildings, which business is clearly subordinate and ancillary to the principal single-family residential use of the property.
B.
Requirements.
(1)
An owner of the home occupation shall be the owner and resident of the subject property.
(2)
No more than one nonresident employee of the home occupation shall come to the site on any given day for any given purpose.
(3)
Clients, patrons or customers shall be permitted on the property, provided that:
(a)
Such visitation shall occur in daylight hours only.
(b)
Such visitation shall not create the need to park more than two vehicles at any time in addition to those ordinarily used by the residents of the dwelling unit.
(c)
Such visitation shall not create the need to park anything other than passenger automobiles, and such passenger automobiles shall be parked off-street on the subject property; additional parking spaces shall be provided.
(4)
The home occupation may utilize in the aggregate a portion of the principal dwelling unit and/or one or more secondary buildings or structures which are accessory to the principal dwelling unit, provided that the use of the property for the home occupation shall be clearly subordinate and ancillary to its use for residential purposes by its occupants, and not more than 25% of the habitable floor area of the dwelling or 1,000 square feet, whichever is less, may be utilized for the home occupation within the dwelling or not more than 1,000 square feet may be utilized for the home occupation within an accessory building.
(5)
All area, yard, coverage and other applicable requirements specified for dwellings and their accessory buildings and structures in the zoning district shall apply.
(6)
Any parking area associated with the home occupation shall be appropriately screened. Accessory buildings or structures may also require screening based upon location and appearance.
(7)
The residential character of the lot and building(s) shall not be changed; no sounds related to the occupation shall be audible outside the building; and no equipment shall be used which will cause interference with radio or television reception in neighboring residences.
(8)
No merchandise, products, waste, equipment or similar material or objects shall be displayed, stored or otherwise located outdoors, except that the presence of children or customary residential recreational facilities shall be permitted in conjunction with a family day-care home or child-care residence for a single-family detached dwelling only and except where otherwise permitted by this chapter.
C.
An unlighted sign identifying the home occupation shall be permitted of a size not to exceed three square feet.
D.
Minor site plan approval from the Land Use Board shall be required for all home occupations. In evaluating an application, the Land Use Board shall have the discretion to consider the intent and purpose of this section in instances where an existing or proposed occupation does not strictly conform to the requirements and other provisions specified herein. However, no provision of this subsection is intended to afford the Land Use Board additional powers not sanctioned by the Municipal Land Use Law as it relates to conditional uses.
§ 340-44 Open storage and display.
[Added 7-15-1999 by Ord. No. 99-11]
A.
Open storage and display of machinery, equipment or materials as a conditional use in the LI and I Zones.
(1)
Outdoor storage shall be restricted to materials and operative vehicles directly related to the principal permitted industrial use of the premises.
(2)
Outdoor storage shall be permitted in the rear yard only and shall be limited to no more than 40% of the rear yard area.
(3)
All outdoor storage areas, pursuant to this section, shall be completely screened by fencing, planting or a combination of both so as to not be visible from any adjacent property or public street. Any fencing shall not exceed eight feet in height.
(4)
All outdoor storage areas shall be approved by the Land Use Board as part of site plan approval in accordance with Chapter 265.
(5)
No vehicles to be stored shall be stored within 25 feet of any property line.
(6)
No vehicles shall be stored in any designated parking or loading area or in any parking aisle or sidewalk or in a manner to interfere with vehicular or pedestrian traffic movement or safety.
(7)
All storage shall be maintained in an orderly manner at all times, and the storage of discarded or abandoned materials is prohibited.
(8)
At least 50% of the area designed for outdoor storage shall be paved with six inches of dense aggregate base course and three inches of bituminous concrete.
§ 340-45 Wireless telecommunications towers and antennas.
[Added 11-11-1999 by Ord. No. 99-10]
A.
The Township of Oxford has recognized the need to permit cellular/wireless telecommunications equipment and facilities in appropriate locations in the Township.
B.
The intent of this section is to allow these facilities and towers as permitted uses on municipally owned property in all zones and as conditional uses on privately owned lands in all commercial zones. Towers are expressly prohibited from being located on private property in a residential zone.
C.
Purpose. The purpose of this section is to set forth conditions for the siting of telecommunications towers and antenna within Oxford Township. The goals of this section are to:
(1)
Protect residential zones and uses from the potential adverse impacts of towers and antennas.
(2)
Require the location of new towers in specific locations within the Township.
(3)
Minimize the number of towers in Oxford.
(4)
Encourage collocation on existing towers.
(5)
Require the use of monopoles and stealth technology for all new towers or antenna locations through innovative design, siting and camouflaging techniques.
D.
Location criteria; location priorities. Locations are enumerated below in the order of the location priority:
(1)
Permitted uses. Antennas or towers located on property owned or leased or otherwise controlled by the Township located in any zone, provided that a license or lease authorizing the tower or antenna has been approved by the governing body, in its sole discretion. As a condition of any lease or license under this section, site plan approval shall be required at the provider's sole cost and expense. Any leases or licenses shall be subject to all bidding requirements under all applicable laws and regulations, including but not limited to the Local Public Contracts Law.[1] The decision to extend such licenses or leases to an applicant shall be vested solely with the governing body which shall not be governed by this section. The Township of Oxford in its absolute discretion reserves the express right to deny all uses of its property for antennas or towers. The standards contained elsewhere in this section for setbacks, separation, collocation, on-site location, camouflaging and other details shall be applicable to the telecommunications towers, facilities or antennas as a permitted use on municipally owned property.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(2)
Conditional uses. The following conditions are conditional use requirements:
(a)
Antennas on existing towers. An antenna may be attached to an existing tower in a nonresidential zone. To minimize the visual impact associated with the proliferation and clustering of towers, collocation of one or more provider's antennas on an existing tower takes precedence over the construction of new towers, subject to the following collocation requirements:
[1]
Collocation requirements.
[a]
A tower which is modified or reconstructed to accommodate the collocation of additional antennas shall be of the same tower type as the existing tower, unless the Land Use Board allows reconstruction as a monopole; provided, however, that the height of the modified or reconstructed tower shall not exceed the height of the existing tower.
[b]
Collocation conditions and limitations. Any new tower or reconstructed tower approval shall provide for the future collocation as set forth in this section. Collocation by two or more telecommunications providers shall be permitted on one tower, provided that, by collocating, all conditions of this section are satisfied.
[i]
In the event that a proposed tower for an existing or future collocation cannot be constructed within the permitted height limitations, then such collocation is prohibited, and, instead, an alternate site or method shall be used, but if unavailable, then a second tower to comply with the height limitations shall be constructed.
[ii]
No tower may be designed or built to collocate with another telecommunications provider at a height greater than the maximum permitted by this section.
[iii]
In the event that any collocation is proposed, a letter of commitment shall be filed by the applicant to lease excess space on the tower to other potential users at prevailing market rates and conditions. The letter of commitment shall be recorded prior to the issuance of a building permit and shall be binding upon the tower owner, property owner and successors in interest.
[c]
On-site location.
[i]
A tower which is rebuilt or modified to accommodate collocation may be moved on site within 50 feet of its existing location, provided that the new location complies with all setback requirements.
[ii]
If two or more towers exist on a site and a tower is rebuilt or modified to accommodate collocation, only one tower may remain on the site. This section shall not apply in those instances where towers are located on sites occupied by high tension wires.
[iii]
A relocated on-site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers pursuant to this section.
(b)
Conditional use standards. The following are the conditional use requirements for all new tower applications:
[1]
Setbacks. Towers must be set back at least 120% of total tower height from any lot line, nonappurtenant structure or public or private road right-of-way line.
[2]
All accessory tower buildings shall comply with all applicable ordinances.
[3]
No tower may be located within a conservation easement if adjacent to a residential zone and as proscribed under ordinance.
[4]
Separation distances. All distances shall be measured from the base of the tower to the lot line of the off-site use or zone:
[a]
For vacant residentially zoned land, residential uses, zones or municipal property (unless the tower is located on a municipal site), libraries, schools or houses of worship, the separation distance shall be 300 feet or 300% of the tower's height, whichever is greater.
[b]
For nonresidentially zoned lands or nonresidential uses, the separation distance shall be at least 120% of the height of the tower from any adjoining lot line, nonappurtenant building or structure or street rights-of-way.
[c]
For separation distances between towers and tower types, regardless of tower height, the following standards shall apply:
[i]
Lattice towers: 5,000 feet from another lattice tower; 1,500 feet from a monopole 100 feet or greater in height; or 750 feet from all other towers.
[ii]
Monopoles. All monopoles 100 feet in height or greater shall maintain at least 1,500 feet of separation from another equally tall monopole or 750 feet from a shorter monopole. All monopoles which are less than 100 feet in height shall maintain a separation distance of 750 feet from any tower.
[5]
Maximum tower height. The maximum height of all new towers shall be 160 feet. Absence of a suitable stand of trees for concealment renders the site unacceptable. No tower shall have a height or location which would require Federal Aviation Administration lighting. Lightning rods are excluded from tower or antenna height.
[Amended 8-17-2000 by Ord. No. 2000-13]
(3)
New tower construction. As a last location priority, a provider may apply for approval to construct a new tower only in a nonresidential zone, subject to all conditions contained in this section; however, the minimum lot size for any new tower shall be 10 acres.
E.
General requirements of all towers and antennas.
(1)
Visual compatibility requirements and construction details for the installation of wireless telecommunications towers. Monopole tower construction shall be used in all new tower construction. Additionally, applicants are required to use the latest stealth or camouflaging techniques to make the tower appear to be a tree of native species and to blend in with surrounding trees. All towers shall be fitted with anticlimbing devices.
(2)
Telecommunications tower permitted accessory structures or uses.
(a)
Accessory equipment sheds.
[1]
Maximum height: 16 feet.
[2]
Maximum area: 1,500 square feet.
[3]
Fencing. All equipment sheds shall be located immediately adjacent to the tower they service. All equipment sheds and tower bases shall be enclosed with a solid wood fence of at least seven feet in height, but no higher than eight feet unless otherwise approved by the Township Engineer. All fences shall include a locking security gate, and a copy of the key to this gate shall be supplied to the Township.
(3)
Other conditions applying to all towers and antennas.
(a)
Noise levels. All noise generated by a tower and/or the equipment shed shall meet the minimum standards contained in all state, federal or local noise regulations.
(b)
Annual report. Upon the issuance of a building permit for a wireless telecommunications tower site, the owner or operator of the site shall provide to the Township Engineer, Township Planner and Township Zoning Officer an initial report signed and sealed by a licensed professional engineer, certifying the estimated useful structural life of the tower as well as providing an initial inventory of all equipment and antennas on the site. After 50% of the useful structural life has lapsed, annual recertification reports as to the structural integrity of the tower shall be required. An updated report shall also be provided whenever antennas arrays are modified and shall include a detail listing of all antennas and equipment. All vendors and lessees shall also be required to notify the above Oxford Township officials when the use of such antennas or equipment is discontinued. If any of the reports disclose that a condition of any tower presents an imminent hazard to the public health, safety or welfare, or that the tower antennas and equipment are no longer in use, the owner shall, and the Township Engineer or Zoning officer may order in their discretion the tower or site upon which it is located, take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers and sites shall be maintained to ensure continued structure integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site so as to assure that it does not create a visual nuisance.
(c)
Abandonment and removal. Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within 90 days of receipt of notice from the Township of Oxford notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified. Failure to remove an obsolete, outdated or abandoned antenna or tower within 90 days shall be grounds for the Township to require removal of the tower or antenna at the owner's or property owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower or same is deemed obsolete or outdated by the Township. The Township may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Township Engineer for such construction as required under all applicable Township ordinances.
(d)
Signs prohibited. No signs shall be permitted on either the tower or equipment building, except for those signs required by law or containing such information as owner contact information, warnings, equipment information and safety instructions. These signs shall not exceed two square feet in total area. Absolutely no commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
(e)
Lighting. No lighting is permitted except as follows:
[1]
The equipment building and compound may have security and safety lighting at the entrance, provided that the lighting is attached to the facility, is focused downward and is wired with a timing device and/or sensor so that the light is turned off when not needed for safety or security purposes.
[2]
No lighting is permitted on the wireless telecommunications tower.
(f)
Multiple towers and uses. Any prohibition contained in any ordinance restricting the number of principal uses per lot shall not apply to the construction of wireless telecommunications towers and facilities when the conditions contained in this section are met. The minimum setback distance between structures shall not apply to PCS (personal communications systems) providers and those providers who are licensed to transmit within the 800 MHz frequency band.
(g)
Site location analysis. Every application for a wireless telecommunications tower or antenna shall include a site location alternative analysis, including an analysis of the location priorities describing the locations of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
[1]
How the proposed location of the wireless telecommunications tower or antenna relates to the objective of providing full wireless communications services within the Oxford area at the time full service is provided by the applicant and by other providers of wireless telecommunications services within the Oxford area.
[2]
How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Oxford area.
[3]
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within and near the Oxford area by the applicant and by other providers of wireless telecommunications services within the Oxford area.
[4]
How the proposed location of the wireless telecommunications tower/facility relates to the objective and goal of maintaining concealed or reduced tower height with groups of towers within close proximity to one another rather than isolated, taller towers with many users at greater tower heights at random locations throughout the Township.
(h)
Additional municipal experts. The Land Use Board reserves the right to retain, at the applicant's expense, any technical consultants as it deems necessary to provide assistance in the review of site location alternatives analysis and specifications. By submitting an application for a wireless telecommunications tower or facility, the applicant is deemed to have consented to this procedure.