Sparta Township City Zoning Code
§ 18-4.7
Conditional Uses.
[Ord. No. 636 A 407; Ord. No. 649; Ord. No. 665; Ord. No. 669 §§ V — VII; Ord. No. 772 §§ V, VI; Ord. No. 788 § IV; Ord. No. 790 § IV; Ord. No. 841 §§ XIX — XXIII; Ord. No. 1001 § 1; Ord. No. 1003 § 5; Ord. No. 02-21 § I; Ord. No. 07-24 § 1; amended 12-13-2022 by Ord. No. 2022-21; 7-23-2024 by Ord. No. 2024-07]
a.
Purpose and Scope. The purpose of this subsection is to set forth a complete and comprehensive scheme of orderly procedure for obtaining from the Planning Board permits for conditional uses of lands and premises in accordance with N.J.S.A. 40:55D-67. No such permit shall be granted in a zone unless specifically permitted in the zone.
b.
Requirements. The following requirements specify minimal standards which each proposed use should meet. The appropriate standards in § 18-5 will also apply. These conditional uses may be allowed in zones which specifically list them as conditional uses. All other site plan and subdivision regulations will apply to conditional uses.
c.
Application for a Permitted Conditional Use. Such application shall be made in accordance with procedures set forth in § 18-6 of this chapter and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Township, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In reviewing every application for a conditional use, the reviewing board shall give reasonable consideration to:
Character of the neighborhood.
Conservation of property values.
Health and safety of residents and workers on adjacent properties in the surrounding neighborhood.
Potential congestion of vehicle traffic or creation of undue hazard.
Pedestrian safety.
Effect on the use and enjoyment of adjacent properties.
The nature and intensity of the use.
Adequacy of utility, drainage and other facilities.
Stated principles and objectives of this chapter and the Master Plan of the Township of Sparta.
In reviewing an application for any conditional use as herein provided, the reviewing board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements for the following permitted conditional uses shall be as follows:
1.
Automotive Service Stations and Public Garages.
(a)
The lot or parcel so used shall have a street frontage of 175 feet and a minimum lot size of 40,000 square feet.
(b)
The walls of any building are set back at least 100 feet from a residential zone boundary, at least 25 feet from every adjoining property line and at least 40 feet from a street right-of-way line.
(c)
The nearest boundary line of the lot or parcel of land so to be used is at least 300 feet measured in a straight line from the boundary line of property which is used as, or upon which is erected:
(1)
A public or private school or playground.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public building or place of public assembly.
(5)
A theatre or other building or structures used or intended to be used for public entertainment.
(6)
A public playground or civic center.
(7)
A firehouse or fire station.
(8)
An existing public garage or automatic service station.
(d)
The lot or parcel shall be at least 300 feet measured in a straight line from any residentially zoned property which is located on either the same or opposite side of the street.
(e)
Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 50 feet from any property line.
(f)
No part of any automotive service station operation or paved area shall be conducted within 25 feet of a residential zone boundary. A six-foot high solid fence shall be installed along any residential zone boundary.
(g)
All paved areas within the property shall be at least five feet from a property line, 10 feet from a street right-of-way and 25 feet from a residential zone boundary and bounded by concrete curbing at least six inches above the surface. These set buffer areas shall be appropriately landscaped.
(h)
Concrete curbing shall be installed in the street right-of-way in accordance with Township specifications.
(i)
Adequate parking for automobiles of employees and patrons shall be provided.
(j)
Entrance and exit driveways shall be at least 35 feet in width with a five-foot radius at the curbline. There shall be a safety zone between driveways of at least 25 feet and driveways shall be at least 10 feet from adjoining property lines.
(k)
Corner lots shall have a curve radius of at least 25 feet and driveway entrances shall start at least 25 feet from the radius tangent points.
(l)
All unpaved areas shall be attractively landscaped with grass lawns, trees and shrubs or other vegetation or material as the Planning Board may approve or require.
(m)
Repair work, other than incidental minor repair, shall take place within the building and all repair or service apparatus shall be located within the building.
(n)
There shall be no outdoor storage of supplies, materials, or automobile parts, whether for sale, storage or waste.
(o)
Floor drains shall not be connected to any sanitary sewer system or storm drain.
(p)
All storage tanks shall be installed below ground level. Where the possibility of contamination of underground water resources exists, the Board may require ample precautions against leakage and seepage.
(q)
The Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangement of entrances and exits, to assure public safety.
(r)
Twenty-five-foot buffer along right-of-way.
(s)
There shall be no more than three vehicles per bay parked in overnight outdoor storage. The Board may approve additional overnight outdoor storage of vehicles exceeding the number of vehicles permitted under this ordinance section, provided a site plan is approved by the appropriate Board. The site plan shall indicate striped parking spaces in compliance with Subsection 18-5.3h (Parking Standards). All parking and storage of vehicles shall be limited to one vehicle per approved parking space and shall comply with this chapter and the site plan and conditional use approval.
2.
Drive-In Restaurants.
(a)
The lot or parcel of land so to be used has a street frontage of at least 300 feet and an average depth of at least 300 feet.
(b)
The ground floor area of the building shall be at least 450 square feet.
(c)
The walls of the building shall be located at least 50 feet from an adjoining street right-of-way, 25 feet from a side property line and 50 feet from a rear property line.
(d)
Separate entrance and exit driveways and one-way traffic circulation on the lot shall be maintained. Driveway openings shall be at least 24 feet in width with a radius at the curbline of at least five feet. There shall be a safety zone of at least 150 feet between driveway openings and no entrance or exit shall be located within 50 feet of an adjoining property.
(e)
Corner lots shall have a curb radius of at least 25 feet and driveway openings shall be at least 50 feet from the radius tangent points.
(f)
The lot shall be at least 300 feet, measured in a straight line, from the nearest property line of another drive-in restaurant which is located on either the same or opposite side of the street. Said lot shall also be at least 300 feet from any residentially zoned property which is located on either the same or opposite side of the street.
(g)
Off-street parking shall conform to the requirements of Subsection 18-5.3 and in addition, the following conditions shall be met.
There shall be at least one parking space for each three seats, whether inside or outside the building, plus one space for each 75 square feet of building area. Drive-in restaurants providing no seating spaces shall provide at least one off-street parking space for each 50 square feet of building area.
(h)
Trash receptacles for customer use shall be provided in the parking area conveniently located for all parking spaces. There shall be at least one receptacle for each six parking spaces, but in no event less than four receptacles. Such receptacles shall be of appropriate design which will not detract from the general appearance of the site and shall be well-secured to the ground surface.
(i)
An area shall be provided for the orderly and convenient deposit and pick-up of trash. Said area shall be located in the rear yard, shall be enclosed on all four sides and shall be designed to conform in appearance to the principal building. Said area shall be at least five feet from an adjoining property line.
(j)
Such other conditions and safeguards as the Planning Board may deem appropriate with respect to, among other matters, traffic and parking arrangement, building design and appearance, landscaping and pedestrian and vehicular safety.
3.
Public Utilities. The provisions of this subsection are intended to apply to utility installations such as power generating stations, electric substations, power transmission lines, radio or television signal towers, telephone exchanges and similar facilities, but shall not apply to telephone, gas, water, sewer, electric or community antenna television facility distribution lines and similar facilities intended to provide direct service to properties when the same are approved by the appropriate Township agency.
(a)
The lot shall conform to the lot area requirements of the zone in which it is located.
(b)
All buildings shall meet the yard and height requirements of the zone in which the use is located.
(d)
Any such building, structure or use shall be designed and arranged so as not to detract from the value of adjoining property.
(e)
The Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
4.
Kennels.
(a)
The lot or parcel to be so used has an area of at least 80,500 square feet.
(b)
Buildings, pens or other enclosures in which dogs are kept shall be located at least 100 feet from a property line.
(c)
Not more than 10 dogs or cats or combination thereof for each acre of lot area shall be kept at any time.
(d)
Dogs and cats shall be contained in buildings, pens or other enclosures at all times and shall be kept within the confines of a building between the hours of 9:00 p.m. and 8:00 a.m.
(e)
Outdoor runs or pens shall be screened from view of adjoining properties by fencing or planting.
(f)
One off-street parking space for each employee not residing on the premises plus one off-street parking space for each 10 dog capacity shall be provided.
(g)
Any such kennel shall be approved by the Board of Health to insure proper sanitation and compliance with applicable State and local health codes.
(h)
The Board may impose such other conditions and safeguards as it deems appropriate with respect to the particular premises.
5.
Miniature Golf Courses.
(a)
The lot or parcel meets the minimum lot area requirement of the zone in which it is located.
(b)
All buildings, structures and golf facilities shall meet the yard requirements of the zone in which the use is located.
(c)
One off-street parking space shall be provided for each golf tee.
(d)
All lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets and properties.
(e)
The Board may impose such other conditions and safeguards as it deems appropriate with respect to the particular premises.
6.
Golf Driving Ranges.
(a)
The lot or parcel meets the minimum lot area requirements of the zone in which it is located.
(b)
All buildings and structures shall meet the yard requirements of the zone in which the use is located.
(c)
The fairway, measured in a straight line along the direction of each tee, shall be at least 350 yards. There shall be a 100 yard buffer zone around the tees and fairway to the nearest adjoining property lines.
(d)
Fencing and/or a buffer, as required by the Planning Board, shall be provided along any property line to prevent golf balls from landing on adjoining property.
(e)
Three off-street parking spaces shall be provided for each two tees.
(f)
All lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets and properties.
(g)
The Board may impose such other conditions and safeguards as it deems appropriate with respect to the particular premises.
7.
Soil Removal Operations. Except in connection with excavation or grading incidental to construction or alteration of a building or improvements on premises for which a building permit has been issued, no person shall excavate for removal of soil or otherwise remove soil for sale or for use other than on the premises from which the soil shall be taken unless a site plan has been approved by the Planning Board in accordance with the following requirements:
(a)
An application to the Planning Board shall be accompanied by a map or maps showing existing contour lines at two-foot intervals, an aerial photograph of the site, proposed contour lines at two-foot intervals after removal of the soil, and existing structures on the subject premises and within 200 feet of the property, location of top soil storage areas, methods of controlling silting of downstream properties, and the elevation of the water table if it is within 15 feet of the proposed final contour, or certification that the water table is not within 15 feet of the proposed final contour. The determination of the water table shall be certified by a professional engineer which certification shall show the procedure used and the date such tests were made. The maps shall also show all existing trees six inches or more in diameter measured 4 1/2 feet from ground level, and the plan for replacing the same number of such trees with trees having a diameter of 2 1/2 inches measured 4 1/2 feet from the top of root level.
The application shall also indicate the total number of cubic yards to be removed and the length of time within which the proposed operation shall be completed, which shall normally not be for longer than five years. Where a total project is not capable of being completed within five years, it shall be broken down into two sections, one of which shall be completed within five years and the other within such further period not exceeding five years as the Planning Board may recommend or specify.
(b)
In considering and reviewing the application and arriving at its decision, the Planning Board shall be guided by and take into consideration the public health, safety and general welfare and the general purposes of municipal planning, and particular consideration shall be given to the following factors:
(1)
Soil erosion by water and wind;
(2)
Surface water drainage;
(3)
Soil fertility;
(4)
Lateral support of abutting streets and lands;
(5)
Public health and safety;
(6)
Land values and uses;
(7)
Contours, both existing and proposed;
(8)
Existing contours and topographic character of the land prior to the removal of any soil and the proposed contours which will result following the removal of soil in accordance with the soil removal application;
(9)
Whether the proposed removal of soil is necessary and incidental to the development of the property for its intended use or whether the proposed removal constitutes primarily an industrial activity;
(10)
Effects of tree removal;
(11)
Effects on water resources such as streams and wetlands;
(12)
Intent and purpose of the zone plan and Zoning Ordinance and the effects upon the neighborhood;
In the event that, after considering and reviewing the application, the Board finds that the proposal would result in the creation of a lake, pond, hole, pit or similar type of depression, and further in the event that the nature of the operation would be a wet mining operation, then, and in that event, in addition to the above referenced factors, these factors alone may be sufficient basis for the denial of the application. |
(c)
The owner or person in charge shall so conduct the operation that there shall be no sharp declivities, pits or depressions, and in such manner that the area shall be properly leveled off, cleared of debris, including boulders and graded to conform with the contour lines and grades as required and shown on the approved plan.
(d)
Arable soil within eight inches of the surface shall not be removed from the premises but promptly on completion of operations, or as otherwise directed by the Planning Board, the arable soil so retained shall be respread on the surface as uniformly as possible and seeded with winter rye or other suitable planting. If the soil within eight inches of the top is not arable soil, arable soil must be spread thereon promptly when the operation is completed in each such area. Provisions must be made for adequate drainage after the top soil is replaced. In addition to the above, a landscaping plan will be provided to return the land to a suitable state.
(e)
Soil removal shall not be deposited or in any way thrown or placed upon adjoining property or public roads. Any soil or material resulting from any such operation accumulating on any adjoining property or public road shall be removed therefrom immediately upon notice by the Construction Official or other designated official to the owner of such accumulation.
(f)
All operations shall be conducted in strict accordance with any State law or other ordinances of the Township and the terms and conditions of any approval granted for such operations. No operation shall be permitted within 100 feet of any stream or wetland unless it can be shown that soil removal would not alter the quantity or quality of the water nor adversely affect the rate of water flow and that the final finishing grade requires soil removal within said 100 feet distance.
(g)
The operation shall be so conducted as not to constitute a nuisance to adjoining owners or the Township and in no event shall said operation create any extra hazardous or unsafe conditions with regard to any person or persons.
(h)
Upon completion of an operation or of excavation from an area delineated on the approved plan, said area shall be properly leveled off, cleared of debris, graded to conform to the contours and grades as approved by the Planning Board and trees planted in accordance with the plan approved by the Planning Board. All roads which may have been damaged shall be returned to their original condition.
(i)
Soil shall not be removed except in accordance with the approved plan, which plan may, upon application, be amended from time to time by the Planning Board.
(j)
No soil shall be removed which is within 15 feet of the water table and no soil shall be removed which is below the grade established and shown on the approved map.
(k)
While working an area, the working face of the excavation shall not exceed 60° from the horizontal, nor shall a face have a vertical height exceeding 30 feet. Any face not currently being worked on shall not exceed 30° from the horizontal. Where an excavated area adjoins a public road or road which has been dedicated to the public, no excavation shall be made below the level of the road for a distance of 100 feet from the right-of-way of said road except in such instances where, on the low side of the road, the removal of material would not substantially alter the general terrain characteristics. Where an excavated area is within 50 feet of any building, the finished grade thereof shall not exceed 10% or be less than 2%. In any event, no finished grade shall exceed 10% or be less than 2%. Care should be taken so that there shall be no diversion of surface water either during the operation or after the project is complete.
(l)
No trash, garbage, junk or debris may be stored on the subject property and no safety hazards will be permitted, either during or after the completion of operations. All burning of combustible debris resulting from said soil operation shall be subject to the regulations set by the Sparta Township Fire Department or any regulation of a higher authority in effect, and be undertaken so as not to create a smoke, nuisance or air pollution safety hazard.
(m)
Each operator shall annually furnish a progress report to the Township Engineer, the first of which shall be submitted nine months after approval of the application, which shall consist of a sketch map at a scale of one inch to 100 feet showing contours at two-foot intervals, retained arable soil, equipment, the areas where soil was removed, the location of water supply and disposal facilities, and drainage facilities, prepared and certified by a licensed professional engineer.
(n)
Hours of operation shall be limited to the following: 7:00 a.m. to 6:00 p.m., Mondays through Saturdays, except in emergencies when authorized by the Township.
(o)
In order to minimize the possibility of mud slides or drainage of silt, the area of operations for excavation shall not exceed a total of five acres at any one time without a replacement of top soil and reseeding of the premises unless otherwise permitted by the Township for good cause shown.
(p)
Upon the completion of work in any specific area, all respreading of arable soil and reseeding as required by this chapter shall be completed within 60 days thereafter; except that, if the completion of work in an area occurs during the winter months when it would not be practicable to respread top soil and reseed same, such work shall be completed within such additional time as may be specified by the Township.
(q)
Any of the conditions or regulations contained herein may be modified or waived by the Planning Board under the following conditions:
(1)
Where the applicant can show undue hardship by reason of topography, grade or other special conditions; or
(2)
Where clear evidence is presented showing that the imposition of such requirements would be detrimental to the public interest; or
(3)
Where it can be shown that the intended purpose of the Township in establishing such requirements can be achieved through other means; or
(4)
Where the data required is obtainable or available to the Township from other sources; or
(5)
Where it can be demonstrated that the financial costs to the applicant or owner in order to meet said requirements would impose an undue burden or hardship in comparison to the volume of business being conducted, provided said volume is equal to or less than 75 cubic yards in any two-year period.
(r)
Upon action to the Planning Board pursuant to the provisions of this section, the applicant shall pay a fee to cover the cost of the initial review of the proposed soil removal operation as stipulated in the Revised Ordinances of the Township of Sparta entitled "Fees and Costs." Upon approval of any application, the applicant shall pay a permit fee as follows:
(1)
Up to and including 500 cubic yards — $50.
(2)
Above 500 cubic yards — $100 plus a sum computed at a rate of $0.03 per cubic yard multiplied by the number of cubic yards to be removed.
These fees will cover the additional costs of the Township for inspectors as well as any additional or extraordinary costs or expenses necessitated by operation. |
(s)
Upon approval of the application, the applicant shall file and maintain a bond in form and with surety approved by the Township Attorney in such amount as in the opinion of the Township Engineer shall be sufficient to insure the faithful performance of the work to be undertaken pursuant to the conditions of the approval and the terms thereof. The bond shall be in an amount of not less than $6,000 per acre of land which is actually being worked in accordance with the approved plan. Said bond shall cover the respreading of top soil as required by the provisions of this section and also final provisions for drainage of the site and grading to final contour. This bond may be increased from time to time where, in the opinion of the Township Engineer, conditions and price increases warrant such increases.
(t)
The amount of any performance bond or guarantee may be reduced when portions of the improvements or works have been completed, upon recommendation of the Township Engineer.
(u)
When all required performance has been completed, the obligor shall notify the Township Manager or his designee in writing by certified or registered mail of the completion thereof and shall send a copy thereof to the Township Engineer. The Township Manager or his designee shall authorize the Township Engineer to inspect the site to determine that all requirements of the approved plan have been carried out. The Township Engineer shall thereupon file a report in writing with the Township Manager which shall be detailed and shall recommend approval, partial approval or rejection. If the work covered by the bond or performance guarantee or any portion thereof shall not be approved, or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection. Where said rejection indicates partial approval of said improvements of works, it shall indicate the costs of the work for which approval is denied. The Township Manager shall accept or reject the work, grant partial approval or withhold approval on the basis of such report and shall notify the obligor in writing by certified or registered mail of the contents of said report and the action of the Township Manager with relation thereto not later than 90 days after receipt of notice from the obligor of the completion of the work. Where partial approval is granted, the obligor shall be released from all liability pursuant to his performance guaranty bond except for that portion sufficient to secure the work not yet approved.
(v)
After reasonable notice and an opportunity to be heard before the Planning Board, an application may be revoked or suspended for such period as the Board may determine for any violation of the terms hereof or the terms and conditions of any plan approved hereunder.
(w)
In addition to an action on the bond or guarantee, or the revocation of approval provided for herein, any person who violates this chapter, or any director or officer who permits or participates in a violation of this chapter or the conditions of the approval shall, upon conviction thereof, be subject to a fine not exceeding $1,250 or imprisonment not exceeding 90 days or both in the discretion of the judge before whom such conviction is had. Each day that a violation continues shall be considered a separate and distinct violation hereof.
8.
Schools and Institutions.
(a)
Nonprofit Institutional Uses. Any nonprofit institutional use as defined in Subsection 18-2.1 may be permitted as a conditional use. They shall only be permitted after the following requirements are met:
(1)
Public and Private Schools. Public schools covering any or all grades pre-kindergarten through grade 12 and full-time private schools covering any or all grades pre-kindergarten through grade 12, operated by charitable, religious or eleemosynary organizations, which are not conducted as a business and which are intended to satisfy State mandated educational requirements, are permitted as a conditional use in all zone districts provided said conditional use shall meet all of the following requirements:
(i)
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other materials as may be required to guarantee to the satisfaction of the Planning Board, the following:
A.
The organization is or will be a bona fide nonprofit school organized for educational purposes and such other activities normally carried on by such schools.
B.
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
C.
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(a)
The premises may be made available on rental basis for meetings of other groups, private social functions and the like.
(b)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Township Council which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
(c)
The sale of items, products or materials required for the educational programs or welfare of the students, or accessory to and having a relation to the activities conducted on the premises, such as, but not limited to, books, art materials and school supplies, or tickets for student activities, or other school related events, or food for school lunches, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.
(ii)
Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of 90,000 square feet, plus an additional 45,000 square feet for every 100 pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of 225 feet.
(iii)
Lot Coverage. The coverage of the lot by buildings and structures will not exceed 15%, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways or other improvements, shall not exceed 40% of the total area of the lot.
(iv)
Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two feet of setback for each one foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
Any building or structure shall be set back from the side property lines a distance not less than two feet of setback for each one foot of building or structure height or 40 feet, whichever is greater.
Any building or structure shall be set back from the rear property line, a distance not less than two feet of setback for each one foot of building or structure height or 50 feet, whichever is greater.
(v)
Off-Street Parking. Off-street parking space shall be provided at the rate of one parking space for each 400 square feet of floor area in the school building and any appurtenant structures on the same lot for schools containing grades under the tenth grade. For schools containing grades 10 and/or 11 and/or 12, off-street parking space shall be provided at the rate of one space for each 200 square feet of floor area in the school building and any appurtenant structures on the same lot. The Planning Board may require additional parking, if in its opinion the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal educational programs. Such parking space shall not be located within the front yard area nor within 25 feet of a property line and shall otherwise comply with all general requirements of Subsection 18-5.3 concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, quality, location and height, and maintained or replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
(vi)
Exclusions. This section is not intended to apply to part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations, churches, or places of worship, or chartered membership organizations which are operated on a full-time basis, which offer general academic instruction or training in a skill, trade or vocation, and which are intended to fulfill State mandated educational requirements.
(b)
Churches. Churches and similar places of worship and rectories or parish houses or convents of religious groups on the same tract are permitted as a conditional use provided said conditional uses shall meet all of the following requirements:
(1)
Charter. The application shall be accompanied by the existing or proposed charter and bylaws of the organization and such other material as may be required to guarantee to the satisfaction of the Planning Board, the following:
(i)
The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership, and such other activities normally carried on by religious groups.
(ii)
The organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States.
(iii)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
A.
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like and;
B.
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Township Council, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee, and;
C.
Sale of religious articles, or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
(2)
Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of 75,000 square feet, and shall have a minimum street frontage of 225 feet.
(3)
Lot Coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, and other improvements, shall not exceed 50% of the total lot area.
(4)
Front Yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
(5)
Side and Rear Yard. Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or 25 feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.
(6)
Off-Street Parking. Off-street parking space shall be provided at a rate of one space for each 90 square feet of floor area in the church building and one space for each 200 square feet of floor area in any other structure. Such parking space shall not be located within the front yard area, nor within 25 feet of a property line and shall otherwise comply with all general requirements of Subsection 18-5.3 of this chapter. In addition, landscaped plantings shall be provided in sufficient quantity, location and height, and maintained or replaced as required to preclude to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude to the maximum extent possible, a view of the parking area from a public street.
(7)
Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a church, religious organization or place of worship, such as, but not limited to, Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.
(c)
Municipal and Board of Education Uses. Municipal uses other than parks and Sparta Board of Education uses other than schools are permitted under this section as a conditional use provided said conditional uses shall meet all of the following requirements:
(1)
Lot Coverage. The lot coverage by structures shall not exceed 25%.
(2)
Off-Street Parking. Sufficient off-street parking space shall be provided to ensure that the use will not cause parking in a public street during the course of normal activities.
(3)
Screening. Landscape plantings shall be provided in sufficient quantity, location and height to preclude the transmission of headlight glare or other lighting to adjacent properties and to preclude view of the parking area from a public street.
(d)
Nonprofit Chartered Membership Organizations. Buildings operated by chartered membership organizations for the benefit of the public and not for profit, and the office or offices of charitable organizations, are permitted as a conditional use provided said conditional uses shall meet all of the following requirements:
(1)
Certificate of Incorporation. The application shall be accompanied by the existing or proposed certificate of incorporation and bylaws of the organization and such material as may be required to guarantee to the satisfaction of the Planning Board, the following:
(i)
The organization is, or will be, a bona fide, nonprofit organization organized solely for charitable purposes or for the benefit and enjoyment of its members who shall be primarily residents of Sparta and the surrounding communities.
(ii)
The use will not involve the sale or consumption of liquor or alcoholic beverages in any form, unless the Planning Board specifically finds that such sales or consumption will not be detrimental to the character of the area and the safety and welfare of the public.
(iii)
The organization will not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
A.
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
B.
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Township Council, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit making organizations to conduct fund raising activities, even though a portion of the funds raised is taken by such profit making organizations as a fee.
C.
Sale of items, products, or materials related to or accessory to the primary function or activity of the organization conducted on the premises, such as but not limited to, food and alcoholic beverages (if the sale of such beverages is permitted by the Planning Board and the organization holds a license for the sale of same), athletic equipment, and the like, are permitted on a continuous basis, provided such sales are conducted inside the building or structure.
(iv)
Overnight accommodations shall not be provided.
(v)
The hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
(vi)
Activities of the organization will be carried on primarily within an enclosed building or structure.
(2)
Street Access. The proposed use is located on a thoroughfare classified as other than a "minor street" by the Sparta Road Master Plan.
(3)
Minimum Lot Size. The lot on which the proposed use is to be located shall have a minimum area of 45,000 square feet, plus an additional 150 square feet of lot area, for each 15 square feet of floor area in the building and any appurtenant structure on the same lot in excess of 1,500 square feet, and shall have a minimum street frontage of 200 feet.
(4)
Lot Coverage. The coverage of the lot by structures will not exceed 20% and the total coverage of the lot by all buildings, sidewalks, parking areas, driveways, and other improvements, shall not exceed 50% of the total lot area.
(5)
Front Yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
(6)
Side and Rear Yard. Any building or structure shall be set back from the side property lines a distance not less than the height of the building or structure or 25 feet, whichever is greater.
Any building or structure shall be set back from the rear property line a distance not less than the height of the building or structure or 50 feet, whichever is greater.
(7)
Off-Street Parking. Off-street parking shall be provided at the rate of one parking space for each 60 square feet of floor area in the building and structures on the same lot. Such parking space shall not be located within 25 feet of a property line and shall otherwise comply with all general requirements of Subsection 18-5.3 concerning parking areas.
(8)
Screening. Landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required, to preclude, to the maximum extent possible, the transmission of headlight glare or other lighting to adjacent properties and to preclude, to the maximum extent possible, view of the parking area from a public street.
(9)
Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the purposes and objectives of the organization be classified as a mixed use as defined herein for the premises on which they are conducted.
(e)
Profit-Making Institutional Uses. Any profit-making institutional use as defined in § 18-2, may be permitted as a conditional use. They shall only be permitted after the following requirements are met:
(1)
Nursing Homes and Sanatoriums. Nursing homes are permitted as a conditional use and shall meet the following minimum standards:
(2)
Profit-Making Private Schools and Trade Schools. Private schools covering any or all grades pre-kindergarten through grade 12 or trade schools, if approved by the State Board of Education, and which are conducted as a business, are permitted as a conditional use provided said conditional use shall meet all of the following requirements:
(i)
Proof of State Approval. A license or similar document from the State Board of Education attesting to State approval of the school shall accompany the application.
(ii)
Minimum Lot Size. The lot or site on which the proposed use is to be located shall have a minimum area of 90,000 square feet, plus an additional 45,000 square feet for every 100 pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of 225 feet.
(iii)
Lot Coverage. The coverage of the lot by buildings and structures will not exceed 15%, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways, or other improvements, shall not exceed 40% of the total area of the lot.
(iv)
Setbacks. Any building or structure shall be set back from the front street line, a distance not less than two feet of setback for each one foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
9.
Funeral Homes, Health Care Facilities, Veterinary Hospitals.
(a)
The minimum area shall be three acres. Veterinary hospitals would not be required to have a lot size exceeding the zone requirement unless boarding kennels were proposed.
(b)
All State and Federal regulations and requirements including permits must be obtained and copies filed with the Township.
(c)
All buildings shall be at least 50 feet from all property lines.
(d)
Lighting shall be arranged so as not to constitute a nuisance to adjacent uses.
(e)
As part of site plan review, the Planning Board may require buffering, fencing and/or landscaping to shield the building from adjacent properties.
(f)
The property in question shall be adjacent to an improved County or local arterial street with one or more means of access. Where physically possible, driveway access shall be onto County arterial roadways.
(g)
Adequate site distance standards according to Township and Sussex County road standards shall be adhered to.
10.
Apartments/Commercial Buildings.
(a)
Apartments shall be constructed with a minimum floor area as prescribed below:
Dwelling | Minimum Floor Area |
|---|---|
Efficiency | 550 |
1 bedroom | 700 |
2 bedroom | 850 |
3 bedroom | 1,000 |
(b)
There shall be not more than two second floor apartment units per retail establishment or office unit, with a maximum of four second floor apartment units in a given building, provided that said retail establishment or office unit has a minimum of 550 leasable square feet per proposed apartment.
(c)
The Health Department shall provide recommendations on the need for separate septic tanks and disposal fields for the apartments.
(d)
Each apartment unit shall be provided with a minimum screened open space yard area equal to the square foot area of the apartment.
11.
Conversion of Existing Residential Structures.[1]
(b)
All conversions, new construction, alterations and additions to existing structures or demolition of existing structures shall be visually compatible with buildings and places to which it is visually related as set forth in Subsection 18-4.2s "Historic Preservation" of the general provisions of this chapter.
[1]
Editor's Note: These provisions pertain to conditional uses in the R-4 Zone.
12.
Banking and/or Financial Institutions.
(a)
The banking and/or financial institution shall include administrative offices for the bank or financial institution within the same building as any teller areas or drive-up windows.
(b)
At least 40% of the bank and/or financial institution shall be the offices of the bank or institution, not including the vaults, tellers' area and drive-up window areas.
(c)
The drive-up window area shall not be the primary use and shall be accessory to the banking and/or financial institution and offices.
13.
Eating Facilities/Delicatessens, Sandwich and Coffee Shops.
(a)
Eating facilities, delicatessens, sandwich and coffee shops shall be a conditional use within the ED-1 Zone provided that the use is intended to serve, at least in part, the other principal permitted uses within the ED-1 Zone.
(b)
Each such conditional use shall constitute no more than 10% of the total floor area of the building in which it is located. There shall be no more than two such facilities in any one building within the ED-1 Zone.
(c)
Any such conditional use shall be incorporated within the building used for a permissible permitted use within the zone and the architectural design shall be similar to and integrated with the design of the building.
(d)
No drive-up windows for eating facilities, delicatessens and sandwich or coffee shops.
14.
Hotels/Motels and Conference Centers.
(a)
The hotel/motels and related conference centers shall be intended to serve, at least in part, the principal permitted uses in the ED-1 Zone. The conference center facilities shall be associated with a hotel/motel. The motel or hotel need not be associated with a conference facility. The motel, hotel, and conference center uses shall obtain site plan approval consistent with the general design standards of the ordinances of the Township of Sparta.
(b)
The hotel or motel may include one or more commercial restaurants.
15.
Health Clubs and/or Fitness Studios.
(a)
The health club and/or fitness studio shall be intended to serve, at least in part, the other principal permitted uses in the ED-1 Zone.
(b)
The health club or fitness studio shall be located within buildings within the ED-1 Zone used for other principal permitted uses. The portion of the building devoted to the health and/or fitness studio shall be architecturally similar to and integrated with the other principal permitted use structures within the ED-1 Zone. The parking for the health club and fitness studio shall have one parking space for each 100 square feet of floor area for assembly halls, fitness rooms, and pools. Tennis courts and handball courts shall have four parking spaces per court. In addition, there shall be one space for each employee on duty at the center.
16.
Accessory Retail Sales.
(a)
Retail sales shall be clearly incidental and accessory to the principal permitted use and the products sold shall be the same products which the principal use manufactures, stores, or distributes.
(b)
No more than 25% of the total floor area shall be devoted to the accessory retail operation.
(c)
There shall be no window displays, no printing or advertising material posted in the windows.
(d)
There shall be no outdoor display of merchandise.
(e)
No accessory building shall be used for retail sales or storage. There shall be no outdoor storage except as otherwise provided herein.
(f)
Signs referring to an accessory retail operation shall be on the same sign as the principal business identification sign and the sign devoted to the accessory retail sales shall be smaller than the business identification sign. The combined sign area shall not exceed the maximum sign area permitted in the zone.
(g)
Traffic Generation. The Board may approve an application requesting an accessory retail use only after an affirmative showing that there will be no significant detrimental impact or hazard resulting from a particular tenant's occupancy.
(h)
There shall be no repair or service facilities in connection with an accessory retail operation.
(i)
The total number of parking spaces shall take into consideration the square footage of that portion of the building devoted to the accessory retail use, using the design standards for retail use (five spaces per 1,000 square feet). The total number of spaces shall not be less than the minimum required for the combination of uses.
(j)
Any change in tenancy or significant change in operations shall require Planning Board approval.
17.
Essential services shall be permitted in all zones. Because of the wide range of uses which constitute essential services, no specific regulations are contained in this chapter. Each use shall be evaluated by the Planning Board and standards imposed based on the following:
18.
Outdoor Dining. Outdoor dining is permitted as a conditional use in some zones provided the following conditions are met:
(a)
It is associated with and accessory to a restaurant on the same lot or sidewalk adjoining said lot.
(b)
No food or beverage products can be left outside on tables or in the buffet set up.
(c)
No storage of dishware or silverware is permitted outside of the establishment.
(d)
All litter or food debris is required to be removed from the "floor" of outdoor dining area immediately.
(e)
Seating shall be arranged in a manner to insure free flow of pedestrian movement and safety.
19.
Senior Citizen Age Restricted Housing. Senior citizen age restricted housing in congregate care facilities, assisted living facilities, independent living facilities and/or residential care facilities meeting the following conditions:
(a)
The applicant shall demonstrate to the Planning Board that the definitions, requirements and regulations, as amended from time to time of the New Jersey Department of Health or the New Jersey Department of Community Affairs have been complied with.
(b)
Minimum tract — 10 acres.
(c)
Maximum height 35 feet 2 1/2 stories.
(d)
The development shall include at least some level of each of the following:
(e)
The development may include houses of worship and religious facilities, facilities to sell or provide personal services to residents, and other ancillary services customarily accessory to the principal use.
(f)
It shall be a condition of site plan approval and there shall be a recorded deed restriction that the aged occupants shall be restricted to persons at least 62 years of age, with or without a spouse or other member of such person's housekeeping unit, or to surviving members of that housekeeping unit in the event of death of such resident.
20.
Planned Residential Unit Developments. Planned residential unit developments pursuant to the following conditions:
(a)
Planned residential developments shall not result in the disturbance, grading or construction of structures or development improvements on severe slopes 25% or within freshwater wetlands or freshwater wetlands transition areas unless a wetland permit is approved by the New Jersey Department of Environmental Protection. The R-4 Residential Professional Zone permits planned residential developments with a gross density of one unit per one acre or one unit per 1/2 acre if connected to public water and sewer. Planned residential developments shall be clustered on the lands which do not have severe slopes or freshwater wetlands. Uses permitted in the R-4 Zone planned residential development include single family dwellings, patio homes, duplex homes, and 2 1/2 story townhouses with an average number of bedrooms per unit equal to two.
(b)
Accessory Uses and Structures. The permitted accessory uses and structures within a planned residential development include the accessory uses and structures permitted in the R-4 Zone.
(c)
Gross development site areas shall consist of five acres or more.
(d)
Dimensional Limitations. For areas to be used for a planned unit residential development, the applicant shall submit a preliminary site plan application (which shall be subject to final site plan approval), which may be accompanied by a preliminary subdivision application as required (subject to final subdivision approval). The preliminary site plan shall show compliance with the following dimensional limitations:
(1)
Minimum Planned Development Site Area: Five acres.
(2)
Unit per Building: Structure shall contain no more than six dwelling units. Each unit shall have at least two entrances.
(3)
Building Length: Townhouse buildings shall not exceed a length of 120 feet. Each unit shall have a front wall offset not less than three feet from adjoining units.
(4)
Minimum Lot Frontage for residential lots in planned residential neighborhood: 75 feet.
(5)
Maximum Height of buildings and structures shall be 35 feet and not more than 2 1/2 stories.
(6)
Minimum Setback from the street right-of-way line and from the boundary line of an adjoining tract: 50 feet.
(7)
Side Yards. There shall be two ten-foot side yards for single family dwellings and duplex homes.
Patio homes shall have total combined side yards of 20 feet with one side yard dimension permitted to be zero.
(8)
Wherever appropriate to the intended uses, the site plan of the tract shall divide such uses into visually small groups by such features as quadrangles, loops, cul-de-sac and courts. Efforts shall be made to have abutting structures within and without the zone of a similar scale and type. However, to enhance the variety and attractiveness of the development, monotonous repetition of elements shall be avoided. To avoid a view of more than three identical structures from any single point on a road, the use of curved roads, a variety of architectural design and variable landscape layout, garden walls and gates may be required.
(9)
Privacy within structures having more than one dwelling unit of two or more bedrooms shall be protected by the following provisions:
(i)
Every unit must have direct access to the ground without sharing a hallway, stairway, elevator or fire escape with another unit.
(ii)
No unit or portion thereof may be placed above another unit or portion thereof.
(iii)
Lateral sound protection between units shall be provided by construction of a sound transmission barrier at least equivalent to that of an eight inch solid masonry wall.
(iv)
No building shall be closer than 30 feet from any other building.
(v)
Every dwelling shall be served by a public central sewer and central water system.
(vi)
Parking requirements shall be determined in accordance with the Residential Site Improvement Standards (RSIS). Each unit must have at least one garage space, except for senior citizen assisted living or congregate care facilities. Parking spaces and driveways must be paved. All parking areas for six or more cars shall be screened by landscaped earth berms, fences, or suitable landscaping.
(vii)
Unless, by reason of the size, location, configuration or topographical features of the tract to be developed, the Board requires otherwise, common open space shall be provided in a single parcel or parcels of not less than 20% of the gross development site area. Common open space to preserve the steep slopes shall have the highest priority.
(e)
Prior to the approval of any planned development, the Planning Board shall find the facts and conclusions as required in N.J.S.A. 40:53D-45.
(f)
Single family residences, duplex homes, and townhouses constructed after October 1993 shall not be converted to or used for office service uses.
21.
Wireless Telecommunications Towers, Equipment and Facilities Conditional Use Requirements.
(a)
Location Criteria.
(1)
Location Priorities. Locations are enumerated below in the order of the location priority:
(i)
Completely concealed in existing lawful structures in nonresidential zones.
(ii)
In or upon existing municipally owned land of 10 acres or more or on an existing municipally owned utility structures wherever located not exceeding the zone height restriction or the existing municipal structure by 10% or 10 feet, whichever is less.
(iii)
Within or upon existing structures in the Commercial and E-D Zones provided stealth technology is used and structures are within the zone height limitations.
(iv)
Constructing new towers or replacing existing towers in nonresidential zones.
(2)
Stealth technology must be used in all installations and monopoles for all new towers to reduce visual impact.
(3)
Point-to-point microwave antennas on the mast of towers are prohibited and land lines must be used.
(4)
Residential areas and uses are to be protected from the actual or perceived adverse impacts of wireless telecommunications towers, antennas and facilities.
(5)
To minimize the height and visual negative impact of towers throughout the community, owners and users of towers, antennas and related facilities are required to construct and configure these structures in such a way as to minimize the perceived adverse visual impact of towers and antennas through careful design, siting, landscape screening, and innovative stealth camouflage techniques.
(b)
Telecommunication towers, equipment and facilities are permitted conditional uses, subject to the following conditions.
(1)
Zoning. Municipal telecommunications towers and antennas as described below are limited to the Commercial and ED zones except for facilities on municipal utility structures and stealth towers on municipal land of 10 one acres or greater as authorized by the Governing Body.
(2)
Site Location Analysis. Every application for a telecommunications tower or antenna shall include a site location alternative analysis, including an analysis of the location priorities set forth in Subsection c22(a) of this subsection, 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:
(i)
How the proposed location of the wireless telecommunication tower or antenna relates to the objective of providing full wireless communication services within the Sparta area at the time full service is provided by the applicant and by other providers of wireless telecommunications services within the Sparta area.
(ii)
How the proposed location of the wireless telecommunications tower/facility relates to the location of any existing antennas or towers within or near the Sparta area.
(iii)
How the proposed location of the wireless telecommunications tower/facility relates to the anticipated need for additional antennas or towers within and near the Sparta area by the applicant, and by other providers of wireless telecommunications services within the Sparta area.
(iv)
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.
(3)
Existing Structures.
(i)
Nonmunicipal Structures. Towers or antennas meeting the zone requirements are permitted in all Commercial and E-D Zones provided they are concealed in existing lawful structures or constructed as stealth tower structures as defined in Subsection 18-2.1, while meeting the height limitation requirements of the zone.
(ii)
Municipal Structures. Existing, municipally owned utility structures, such as water tanks, and municipally owned towers located in any zone may be used for the installation of antennas to service the wireless telecommunications industry, provided:
A.
That the antenna does not increase the structure by 10% or 10 feet, whichever is less, or otherwise is less than the permitted height in the zone.
B.
A license or lease authorizing such antenna or tower has been approved by the Township of Sparta. However, the Township may, as a condition of such lease, require site plan approval. The decision to extend such licenses or leases to an applicant shall be vested solely with the municipality which shall not be governed by this subsection c22. The Township of Sparta in its absolute discretion reserves the express right to deny all uses of its property for antenna or towers.
(iii)
Towers or antennas may also be located on power transmission line systems such as pylons provided they satisfy the stealth requirements and either (a) meet the zone height limitations or (b) do not exceed the structure height by the lesser of 10% or 10 feet.
(4)
New Wireless Freestanding Telecommunications Towers, Equipment and Facilities. For towers which do not satisfy criteria of Subsection c22(b)(3)(i), (ii) or (iii) above.
(i)
Lot Size — 10 acre minimum.
(ii)
Maximum Tower Height — For towers not meeting the requirements of Subsection c22(b)(3)(i) above, 100 feet or 25 feet above the mean tree canopy, whichever is less.
Mean tree canopy shall be derived from marking all trees 12 inches in diameter or greater measured 4 1/2 feet above grade within a two acre area surrounding the tower site. The height of the trees shall be calculated by a professional licensed surveyor in the State of New Jersey. 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 calculations.
(iii)
Setback Distances. For safety reasons concerning tower fall zones and further to insure that appropriate setbacks exist, a telecommunications tower and related facilities must be set back 300 feet as measured from the base footprint of the tower or facility to any structure, lot line or parking lot, or similar area where people congregate at any given time. For example, a tower must be set back at least 300 feet as measured from its base from any adjacent lot, sportsfield or ball field, playground, parking lot, picnic area, building, home, etc.
(iv)
Tower locations shall comply with any buffering required for lots adjacent to residential zones or uses.
(v)
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 anti-climbing devices.
(5)
Telecommunications Tower Permitted Accessory Structures or Uses.
(i)
Accessory Equipment Sheds.
A.
Maximum height. Sixteen feet.
B.
Maximum area. One thousand five hundred square feet.
C.
Fencing. All equipment sheds shall be located immediately adjacent to the tower it services. 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.
(6)
General Conditions Applying to All Towers and Antennas.
(i)
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.
(ii)
Co-location Conditions and Limitations. Any new tower or reconstructed tower approvals shall allow the future co-location as set forth in this Subsection c22. Co-location by two or more telecommunications providers shall be permitted on one tower provided that by co-locating, all conditions of this subsection are satisfied.
A.
In the event a proposed tower for an existing or future co-location cannot be constructed within the permitted height limitations, then such co-location 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.
B.
No tower may be designed or built to co-locate with another telecommunications provider at a height greater than the maximum permitted by this Subsection 22.
C.
In the event any co-location 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.
(iii)
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 antenna 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 Sparta 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 Township Engineer or Zoning Officer shall order the owner of the tower or site upon which it is located, to 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 insure 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.
(iv)
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 Sparta 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 said 90 days shall be grounds for the Township to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower 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 guarantee 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.
(v)
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.
(vi)
Lighting. No lighting is permitted except as follows:
A.
The equipment building and compound may have security and safety lighting at the entrance, provided 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.
B.
No lighting is permitted on the wireless telecommunications tower.
(vii)
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 subsection 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.
(viii)
Site Plan Approval. Site plan approval shall be required for any wireless telecommunications tower, equipment or facilities, except as may be exempted in Subsection c22(b)(3)(ii)B, pursuant to the site plan standards contained in § 18-6.
(ix)
Additional Municipal Experts. The Planning or Zoning Board, as the case may be, 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 telecommunications tower or facility, the applicant is deemed to have consented to this procedure.
d.
Application for Permit. Application for permit for any conditional use shall be made to the Planning Board by filing an application with the administrative officer or his designee. Such application shall set forth and be accompanied by the following:
1.
A site plan drawn in accordance with § 18-6. Said plan shall, in addition, show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.
2.
Where the applicant is a person other than the owner of the lot, the written consent of owner or owners authorizing the filing of the application.