Spotswood City Zoning Code
ARTICLE 700
Conditional Uses
§ 120-701 Conditional uses; general.
Before a construction permit or certificate of occupancy shall be issued for any conditional use as permitted by this chapter, a conditional use application shall be made to the Planning Board. The review by the Planning Board of a conditional use shall include any required site plan and/or subdivision review as may be necessary pursuant to this chapter. Public notice and a hearing shall be required as stipulated in this chapter. In accordance with N.J.S.A. 40:55D-67a of the Municipal Land Use Law, the Planning Board shall grant or deny the application for a conditional use within 95 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard, and the Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Board to act within the required time period shall constitute approval of the application.
§ 120-702 Conditional use criteria.
Conditional uses include the following requirements:
A.
Houses of worship, schools, firehouses, clubs and lodges located in the R-10 District:
(1)
Houses of worship, public and private schools, firehouses, clubs and lodges located in the R-10 District shall be subject to the bulk requirements listed in the R-10 subsection for principal uses which shall be considered conditional use criteria. Such uses shall subject to site plan review and approval from the Planning Board.
B.
Recreational facilities in the MSR District:
(1)
Recreational facilities, video arcades, entertainment facilities including bowling alleys, staking rinks, indoor theatres, taverns, nightclubs shall subject to site plan review and approval from the Planning Board.
C.
Houses of worship in the MSR District:
(1)
Houses of worship shall be located on lots of three acres or more, and shall be subject to site plan review and approval from the Planning Board.
D.
Mixed-use buildings (nonconforming) in the MSR District:
(1)
Mixed-use buildings not providing the required arrangement of residential flats, apartments, condominiums or lofts on upper floors only, or buildings not providing the minimum requirement of 75% of all residential units in any single building to be one-bedroom units, studio apartments or one-bedroom plus den units, or wherein greater than 25% of the number of units shall be proposed to be two-bedroom units. Any building proposing three or more bedrooms in any unit shall not be considered part of this category of uses. When proposed, such uses shall be subject to all parking, loading, lighting, landscaping and design criteria listed in the MSR Zone and elsewhere in this chapter, which shall be conditional use criteria. All such buildings shall also be subject to the additional, special recycling and buffer requirements of the Apartment Residential and/or Townhouse Residential Zone, and said regulations shall not be considered conditional use criteria, but rather standard design controls subject to bulk/design relief from the Planning Board. Site plan review and approval shall be required.
E.
Gasoline stations, gasoline service stations, automotive repair garages and body shops: Automotive body shops, repair garages, engine, transmission, auto glass, or similar specialty automotive repair shops, when proposed in any zone, shall be in accordance with the following conditional use standards:
(1)
The minimum lot size shall be 20,000 square feet and the minimum lot width, depth and frontage shall be 100 feet each.
(2)
The minimum front yard setback shall be 30 feet for any structure except permitted signs, the minimum side yard setback shall be 20 feet for any structure, and the minimum rear yard setback shall be 25 feet for any structure. Gasoline filling pumps or air pumps shall be permitted within the required front yard, but shall be no closer than 15 feet from any street line.
(3)
No use shall be located within 500 feet of any residential zone boundary nor within 1,000 feet of any property upon which a fire house, school, playground, church, hospital, public building or institution is located. Moreover, any use which had been abandoned and which is proposed for reuse as a service station shall meet the location requirements specified herein.
(4)
The maximum building coverage shall be 30% and the maximum lot coverage shall be 65%. Landscaping shall be provided in the front yard area and shall be distributed throughout the entire front yard area.
(5)
All activity and facilities other than gasoline filling pumps, air pumps and trash enclosures shall be within a building except as specifically approved by the Planning Board as part of a site plan application. All lubrication, repair, painting or similar activities shall be performed in a fully enclosed building, and no motor vehicle parts or partially dismantled vehicles shall be displayed or stored outside of an enclosed building.
(6)
No damaged, wrecked or dismantled vehicle, junk or trailers shall be allowed to remain in the open on the premises, but must be kept completely within a building or behind a fence screening at least six feet in height so as not to be visible from the street fronting the premises or from any adjoining property. In any case, no damaged, wrecked or dismantled vehicle, junk or trailer shall be kept on the premises for a period exceeding seven days and, further, no more than five vehicles awaiting repair and/or service shall be stored overnight on the premises.
(7)
The exterior display, storage and parking of motor vehicles, trailers, boats or other similar equipment for sale or rent shall not be permitted.
(8)
There shall be no outside display or storage of merchandise, supplies, product, equipment or similar material or objects unless specifically approved by the Board as part of a site plan application, unless such accessory goods or supplies for sale are contained within a permanent rack, case, cabinet or enclosure of metal or other fireproof material and located on the pump islands or within the principal building.
(9)
No automotive use shall accumulate or store any used parts or tires, whether for sale, storage or waste, on any portion of the premises, unless enclosed within the principal building. Drainage from vehicles shall be kept in closed metal containers, and an oil interceptor shall be provided, subject to the approval of applicable Borough officials. Where flammable liquids are kept, used or handled, provision for, and the use of, dry sand, chemical extinguishing devices or materials shall be as directed by the Fire Department. A reasonable quantity of containerized and labeled and identified noncombustible adsorbents, such as sand, shall be kept conveniently available for use in case of leakage or overflow.
(10)
All fuel shall be kept in tanks of an approved design and the tanks shall be buried in accordance with the NJDEP and Board Engineer. No fuel tank shall be permitted under any shed or building. All gasoline tanks are to be buried shall not be located within 10 feet from any building or property line.
(11)
Automotive uses shall provide off-street parking in accordance with the parking section of this chapter.
(12)
No parking shall be permitted on an unpaved area nor within 15 feet of any property line.
(13)
Parking, storage and display spaces shall be separated from the driveway and general apron areas which give access to the facility, and no designated parking space shall obstruct access to such facilities.
(14)
Food marts, where the sale of food items requires additional floor area above and beyond that which is customarily necessary for a service station, shall be considered convenience stores and are not permitted as part of a service station.
(15)
Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 50 square feet and a height of 10 feet, and shall be set back at least 10 feet from all street rights-of-way and lot lines. The attached sign shall not exceed 30 square feet in area. Additional signage shall be permitted as may be specifically approved by the Board.
(16)
Any part of the site subject to access by motor vehicles shall be hard-surfaced, with concrete or bituminous concrete or asphalt, and shall be graded and drained to adequately dispose of all surface water accumulated. Provision shall be made to prevent gasoline spills or spills from other hazardous substances from flowing into the interior of station buildings or upon the highway or into streams by grading driveways, raising door sills and/or other equally effective methods.
(17)
In addition to the general site plan requirements, scaled maps accompanying the application for any service station shall clearly delineate the following:
(a)
The actual floor space and/or ground area to be devoted to, or used for, the storage of motor vehicles;
(b)
The location of any church, hospital, theater, library, public playground, athletic field, public or parochial school, firehouse, municipal building, existing service station, public building and/or any other building in which the public gathers within 1,000 feet of the proposed service station;
(c)
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 ground, the number and location of pumps to be installed, and the type and location of all principal and accessory structures to be constructed.
(18)
All of the other area, yard and general requirements of the respective zone and other applicable requirements of this chapter shall be met.
(19)
All canopies covering fuel pumps shall be set back from all property lines a minimum of 20 feet. Canopies shall be permitted two facade signs, mounted on the canopy facade, no greater than 20 square feet each.
(20)
Gasoline stations shall provide information on security cameras and cash/credit card acceptance and should solicit the comments of the Borough Police and Fire Departments relative to public safety and fire safety issues.
(21)
Gasoline stations shall be designed to be "generator-ready" so as to provide on-site emergency power generation or accept power from generator vehicles in the event of a long-term power outage.
F.
Public utility buildings, structures, stations and substations:
(1)
For purposes of this chapter, the term "public utility" shall include such uses such as telephone, television, internet equipment centers, power substations, equipment switching yards and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps, sanitary landfills and telecommunications towers.
(2)
Public utility lines shall be exempt. Public utility lines for the transportation, distribution or control of water, electricity, gas, oil, cable television and telephone or internet communications are permitted throughout the Borough of Spotswood and need not necessarily be located on a lot. This exemption shall apply strictly to transmission lines, and not apply to any type of utility stations, buildings, structures, substations, equipment compounds, wireless towers or control buildings.
(3)
Public utility transformer and junction boxes. Public utility transformer and junction boxes are permitted throughout the Borough of Spotswood and need not necessarily be located on a lot, provided that they are adequately screened with landscaping, fencing or a combination of the two and do not exceed three feet in height. This exemption shall not apply to any such structure that exceeds three feet in height or is unscreened.
(4)
The proposed installation of a public utility use, station or equipment not exempted above shall require site plan approval and shall be a conditional use in all zones with the following conditional use criteria:
(a)
Utilities may only permitted be in a location necessary for the convenient and efficient operation of the subject public utility and for the satisfactory provision of service by the utility to the area in which the particular use is located. The application for conditional use and site plan approval shall include a statement setting forth the need and purpose of the installation.
(b)
The design of any building in connection with the public utility installation must not adversely affect the safe and comfortable enjoyment of the properties in the surrounding area.
(c)
Adequate fences, screening devices and other safety devices must be provided as may be required to completely screen the facility. In addition to all fencing or screening walls, a twenty-foot-deep heavily landscaped buffer shall be provided between the utility use and all property lines, except were site access is proposed.
(d)
The maximum building coverage shall be 35% and the maximum lot coverage shall be 50%. Landscaping, including shrubs, trees and lawns, shall be provided and maintained.
(e)
Off-street parking shall be provided as determined by the Planning Board during site plan review. When parking is proposed, the standards of the parking section of this chapter shall apply.
(f)
The landscaping section requirements of this chapter shall apply.
(g)
The use shall provide documentation to verify that they will comply with the performance standards of this chapter.
(h)
All buildings, structures and equipment shall be considered principal uses/structures and shall be subject to the building height restrictions of the respective zone in which the use is proposed. Any height violation by a building or equipment structure, pole, tower, antenna, etc., shall require bulk or use variance relief from the Planning Board.
G.
Community residences and community shelters for more than 15 persons in any residential zone:
(1)
Any community residence for the developmentally disabled or community shelter for victims of domestic violence that house more than 15 persons, excluding resident staff, shall require conditional use and site plan approval for the use of, or the conversion of for the use of, a dwelling for such shelter or residence.
(2)
In no case shall more than 15 persons, excluding resident staff, occupy any community residence or community shelter. The minimum gross habitable floor area shall be 300 square feet for each person housed at the residence or shelter.
(3)
The minimum area and yard requirements applicable to the particular zoning district each shall be increased by 15% for each person housed in the community residence or community shelter over and above six persons, except that, at a minimum, a lot area of 40,000 square feet and a setback of 50 feet to any street or property line shall be provided.
(4)
No community residence or community shelter occupied by more than six persons shall be located within 1,500 feet of an existing community residence or community shelter.
(5)
A conditional use shall not be granted if the total number of persons, other than resident staff, residing in aggregate in such community residences or community shelters within the Borough of Spotswood exceeds 50 persons or 0.5% of the population of the Borough, whichever is greater.
(6)
The residential character of the lot and buildings shall not be changed, and there shall be no exterior evidence of the community residence or community shelter. No signs shall be permitted except information and direction signs as permitted for single-family detached dwellings.
(7)
Buffering and screening, as deemed necessary by the Board, shall be required between any community residence or community shelter and any adjoining residential use.
(8)
The following design requirements shall be incorporated within the submitted plan:
(a)
Each community residence or community shelter shall be connected to public water and public sewer facilities;
(b)
Community residences or community shelters must have immediate access to public transportation services or, in the alternative, the occupants shall be provided with a van or equivalent transportation service; and
(c)
Community residences or community shelters shall resemble single-family detached dwellings in appearance.
(9)
All community residences or community shelters shall provide one off-street, on-site parking space for each two residents thereof, plus one space for each staff member and employee based upon the maximum number of employees on duty at any one time. The Planning Board shall give due consideration to provisions for visitation and the number of resident staff in order to ensure that there are ample on-site parking facilities. Sufficient off-street area is to be provided for the pickup and discharge of occupants by vans or other vehicles servicing the residents. No off-street parking or loading area shall be located within 20 feet of any street or property line, and all such areas shall be suitably screened.
(10)
A community residence shall be located within reasonable walking distance to recreational facilities and shopping facilities.
(11)
Notwithstanding compliance with the specific conditional use standards herein set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community and the residents of the facility itself.
(12)
The Zoning Officer is empowered to issue use permits for the operation of the residences established by this section of this chapter, which use permits shall be issued for a period not to exceed one year.
(a)
At the expiration of the term of the permit, the Zoning Officer, pursuant to a written request from the operator of the residence, shall conduct an inspection of the premises in order to determine that the operation of the residence has continued to comply with the terms of this chapter.
(b)
If the operation of the residence is found to be in compliance with the terms of this chapter, the Zoning Officer shall renew the use permit for a one-year time period.
(c)
If any violations of the terms of this chapter are found by the Zoning Officer, the Zoning Officer shall notify the operator of the residence that the use permit shall not be renewed unless and until said violations are corrected. The Zoning Officer shall establish uniform periods of time to allow for the corrections of any violations.
(d)
In any case, no use permit issued by the Zoning Officer shall be of any force and/or effect beyond a period of one year.
(13)
During the term of a valid use permit as described herein, the Zoning Officer shall maintain a continuing power to inspect the premises to confirm compliance with the terms of this chapter, and shall recommend to the Borough Council that use permit be revoked whenever and wherever such action may be found to be in the interest of the health, safety and general welfare of the Borough.
(14)
No use permitted shall be permitted to continue, or be renewed, if the Zoning Officer has determined that the ratio of residents to staff exceeds reasonable standards for the care of the residents, with specific consideration given to the type and nature of the care required; the expertise of the staff; the degree of care required; the safety of the residents; and the neighborhood in which the residence is located.
(15)
All of the other area, yard, building coverage, height and general requirements of the respective zone and other applicable requirements of this chapter must be met.
§ 120-703 Wireless communication facilities.
A.
Overall purposes and scope. It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of all wireless communication facilities within the Borough of Spotswood which recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Spotswood Borough Master Plan and Land Use and Development Ordinance. It is understood by the Borough of Spotswood that the federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed. However, it also is understood by the Borough of Spotswood that the Federal Telecommunications Act of 1996 (FTA) expressly preserves the zoning authority of the Borough to regulate the placement, construction and modification of personal wireless service facilities subject to the six limitations noted at § 332(c)(7)(B) of the FTA. In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated in the definitions subsection of this chapter.
C.
Specific goals and overall objectives shall be:
(1)
The overall objective of this subsection is to allow the provision of wireless communication services while, at the same time, minimizing the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact upon the prevailing visual character of the Borough of Spotswood;
(2)
To limit the impact of wireless communication antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Spotswood;
(3)
To encourage the location of antennas upon, or within, existing structures, including, but not limited to, existing steeples, cupolas, industrial building towers, catenary support towers, other towers and water standpipes;
(4)
To encourage the collocation of antennas on the fewest number of existing structures within the Borough of Spotswood;
(5)
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, location selection, landscape screening and innovative camouflaging techniques;
(6)
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
(7)
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of this section's provisions to provide such services quickly, effectively and efficiently; and
(8)
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
D.
Exemptions of applicability. This section shall not apply to any tower or the installation of any antenna that is under 70 feet high and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions.
E.
Locations where wireless communication antennas may be permitted. Wireless communication antennas may be located only at the following two prioritized locations:
(1)
First-priority locations. The first-priority locations for wireless communication antennas shall be on existing monopoles, industrial building towers, catenary support towers, and other existing towers in Spotswood Borough. When proposed at one of these locations, wireless communications facilities shall be considered permitted uses.
(2)
Second-priority locations. The second-priority locations for wireless communication antennas shall be on new wireless communication towers or poles on land areas within the LI Light Industrial Zoning District; antennas so located shall be conditionally permitted uses with the requirements for second priority locations serving as conditional use criteria.
F.
Requirements for first-priority locations.
(1)
The Zoning Officer/Construction Official shall maintain a list of locations of previously approved wireless communications facility sites which shall be know as Addendum I. All wireless communication antennas locating on or within the above listed structures in Spotswood Borough or as identified in Addendum I shall be considered permitted uses by the Spotswood Borough Planning Board in accordance with this chapter.
(2)
In addition to the information otherwise required for an application, the applicant shall provide the following information to the Planning Board:
(a)
Any proposed structural modification to the existing tower, tank, cupola, steeple or silo that is necessary to accommodate the proposed antennas, provided that the height of the existing structure shall not be increased;
(b)
Details of the proposed antennas, which shall be flush-mounted, panel style antennas totaling no more than six in number per carrier; and no more than 30 per location, inclusive of all carriers.
(c)
The proposed location and landscape screening of any equipment shelters enclosing the related electronic equipment;
(d)
Any other construction that may be proposed or required regarding the installation of the proposed antennas; and
(e)
The height of any proposed antenna attached to an existing structure, provided that no antenna shall extend higher than 10 feet above the height of the existing structure.
G.
Requirements for second-priority locations.
(1)
Regarding for second-priority locations for wireless communication antennas (i.e., on land areas within the LI Light Industrial Zoning District), any such proposed tower, antennas and related equipment shall require both conditional use approval and site plan approval with this chapter.
(2)
The following information shall be submitted for site plan approval, and the referenced Subsections A(9), (10), (11) and (12) hereinbelow contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Borough of Spotswood:
(a)
In order to be declared complete for site plan approval, the initially submitted application shall include all of the applicable documentation and items of information identified on the Borough's preliminary and final site plan application checklists as contained in this chapter;
(b)
In order to be declared complete, the initially submitted application shall include an overall comprehensive plan in accordance with Subsection A(9) hereinbelow;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the area and setback conditions set forth in Subsection A(10) hereinbelow;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the design conditions set forth in Subsection A(11) hereinbelow;
(e)
In order to be declared complete, the initially submitted application shall include the additional conditions indicated in Subsection A(12) hereinbelow; and
(f)
During the public hearing process, the applicant shall schedule the time for a crane or balloon test with the Secretary of the Planning Board in order to provide the members of the Planning Board and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the Planning Board, including photographic reproductions of the crane or balloon test, graphically simulating the appearance of the proposed tower, with at least three antenna arrays attached thereto and from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible.
H.
Overall comprehensive plan.
(1)
In order to effectuate the purposes, objectives and goals of these subsection provisions, any applicant for approval to erect a new supporting tower for wireless communication antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within and around the Borough of Spotswood at the time full service is provided by the applicant.
(2)
The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service within and around the Borough of Spotswood and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Borough.
(3)
The overall comprehensive plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
(a)
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one mile of the subject site, both within and outside of Spotswood Borough;
(b)
The mapped location and written description of all existing or approved water towers or water standpipes and existing high tension power line stanchions within one mile of the subject site, both within and outside of Spotswood Borough;
(c)
An explanation of why the proposed antennas could not be located on any of the structures listed and mapped in Addendum I attached to these subsection provisions;
(d)
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Spotswood by the applicant and by other providers of wireless communication services within the Borough;
(e)
How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
(f)
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Borough of Spotswood while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
I.
Area and setback conditions.
(1)
The proposed tower, antennas and ancillary related electronic equipment are required to be located on a lot area no less than 20,000 square feet;
(2)
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
(3)
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the required twenty-thousand-square-foot subject land area, whether a separate lot or a leased portion of a lot; and
(4)
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the Planning Board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within 100 feet of any street line and within 50 feet of any lot line of any adjacent property, provided that, in any case, no building, tower, other structure and/or land disturbance shall be located within 500 feet of an existing residential dwelling or within 1,000 feet of any historic district or site as duly designated by Spotswood Borough, Middlesex County, the State of New Jersey, and/or by the federal government.
J.
Design conditions.
(1)
All towers shall be a monopole design.
(2)
All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or a non-oversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the Borough and the existing land uses and vegetation in the vicinity of the subject site.
(3)
The height of any proposed new tower and the antennas attached thereto shall not exceed 125 feet from the existing ground level beneath the tower.
(4)
No signage is permitted except such information signs deemed necessary for safety purposes by the Planning Board.
(5)
Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.
(6)
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project toward adjacent and nearby properties. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to a proposed tower.
(7)
Individual shelters for the required electronic equipment related to the wireless communication antenna(s) shall be permitted in accordance with the following design criteria:
(a)
Any proposed shelter enclosing required electronic equipment shall not be more than 15 feet in height nor more than 250 square feet in area, and only one such shelter shall be permitted for each provider of wireless communication services located on the site;
(b)
No electronic equipment shall interfere with any public safety communications;
(c)
All of the electronic equipment shall be automated so that the need for on-site maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
(d)
All of the shelters for the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a single one-and-one-half-story building, which building shall not exceed 1,000 gross square feet in area and 20 feet in height, and which shall be designed with a single-ridge, pitched roof with a residential appearance; and
(e)
The building may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
(8)
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower during all four seasons of the year, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
(b)
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three inches at time of planting.
K.
Additional conditions. Additional conditions include the following:
(1)
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
(2)
A letter of intent by the applicant, in a form that is reviewed and approved by the Planning Board Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication carriers at reasonable rates that are economically viable; and
(3)
The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the Borough Clerk, in a form approved by the Borough Attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, and building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the Borough, when the antennas are no longer operative. Any wireless communication facility not used for its intended and approved purpose for a period of six months shall be considered "no longer operative" and shall be removed by the responsible party within 60 days thereof.
L.
Location preferences for new towers. The following are not conditions, standards and limitations for the location of wireless communication towers, but are preferences of the Borough:
(1)
To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by the Borough of Spotswood, Middlesex County, the State of New Jersey, and/or by the federal government.
(2)
To the greatest extent possible, no tower shall be located to be visible from any street.
(3)
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
M.
Other requirements. All other applicable requirements of this chapter not contrary to the conditions, standards and limitations specified herein shall be met, but waivers and/or variance of such other applicable requirements may be granted by the Planning Board.
N.
Technical review. In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. The Planning Board may hire other experts with specialized areas of expertise if deemed necessary, also at the applicant's expense.
O.
Application for variances to the Planning Board. Any application for a variance to construct or install wireless communication antennas and/or a new wireless communication tower in a location not permitted by this subsection shall be required to submit all of the information required herein for second-priority locations, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the Planning Board.
P.
Site plan review required. Site plan review shall be required for all wireless communications facilities proposed within the Borough of Spotswood except as provided below.
Q.
Collocation waiver from site plan review. Pursuant to the Municipal Land Use Law, an application for development to collocate wireless communications equipment on a wireless communications support structure or in an existing equipment compound may be eligible for a waiver of site plan review. To seek such a waiver, an application for development shall be required to be filed with the Planning Board for site plan approval or exemption therefrom. The Planning Board shall conduct a public hearing, following its standard hearing procedures so as to determine if a waiver is appropriate under N.J.S.A. 40:55D-46.2a. If an applicant is seeking a waiver, it shall demonstrate to the Planning Board that the application meets all of the criteria listed below. If the applicant can satisfy the following waiver criteria, a site plan waiver shall be granted under N.J.S.A. 40:55D-46.2a:
(1)
The wireless support structure shall have been previously granted all necessary approvals by the appropriate approving agency.
(2)
The proposed collocation shall not increase the overall height of the wireless communications support structure by more than 10% of the original height of the support structure.
(3)
The proposed collocation shall not increase the width of the wireless support structure.
(4)
The proposed collocation shall not increase the square footage of the existing equipment compound to an area greater than 2,500 square feet.
(5)
The proposed collocation shall comply with the final approval of the wireless communications support structure and all conditions attached thereto and.
(6)
Shall not create a condition for which variance relief would be required under the Municipal Land Use Law or any other applicable law, rule or regulation.