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Tewksbury Township City Zoning Code

ARTICLE VIII

CONDITIONAL USES

Sections:


§ 800 - CONDITIONAL USES

In addition to any specific standards set forth for a particular conditional use, the other standards set forth in this ordinance for those uses shall be conditions applicable to the use as if set forth in full in each listing of conditional uses. By way of illustration, but not of limitation, these other standards include parking and loading requirements, minimum lot sizes, setbacks, floor area ratios, density, buffer requirements, and signs.

A.

Before any permit shall be issued for a conditional use, application shall be made to the Approving Authority. The Approving Authority shall grant or deny the application after public hearing. Where a conditional use application involves a site plan or subdivision, the Approving Authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the Approving Authority to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the Approving Authority shall review the number of employees or users of the property, the requirements set forth in the Ordinance, and shall give due consideration to all reasonable elements which would effect the public health, welfare, safety, comfort, and convenience such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrian ways, landscaping lighting, signs, drainage, sewage treatment, potable water supply, utilities, and structural location(s) and orientation(s), and shall conduct a public hearing on the application.

B.

In the granting of conditional uses, the Approving Authority may condition the relief granted on the obtaining of a building permit or zoning permit within one year, or other reasonable time specified, thereafter.

C.

Each application for a conditional use shall be considered on an individual case basis and, in all cases, the burden or proof shall be upon the applicant.

(Ord. 11-2000 (part), 2000)

§ 801 - PUBLIC UTILITIES FACILITIES

A.

Public Utility Facilities.

1.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is located.

2.

Adequate fences and other safety devices shall be provided to enclose all equipment, structures, and buildings within a secure compound as required by the Approving Authority consistent with any State or federal laws or regulations in effect at the time of the construction.

3.

All equipment, structures, and buildings shall be screened from public view and from adjacent properties in accordance with the standards set forth in Section 631, subsection 6 entitled "Buffers" of this Chapter. All landscaping and other improvements comprising the buffer area shall be visually impervious after 5 years of maturity and shall be maintained to provide an effective buffer in perpetuity. Landscaping which is dead, diseased or damaged by wildlife shall be replaced with landscaping which is of like maturity to that which was dead, diseased or damaged. Any structure approved as part of the buffer requirement shall be maintained in good condition. The Township Land Use Board shall determine, as a condition of approval, whether applicant or owner shall be responsible for the maintenance provisions set forth in this subsection.

4.

Off-street parking shall be provided at the rate of 1 space per employee for the highest usage time.

5.

All equipment, structures and buildings shall maintain a minimum distance of one hundred (100) feet from the public street right-of-way and three hundred (300) feet from side and rear lot lines adjoining a residential use or a residential zone district and two hundred (200) feet from side and rear lot lines adjoining a non-residential use or a non-residential zone district.

(Ord. 02-2008 § 1, 2008; Ord. 16-2004 § 2, 2004; Ord. 20-2002 §§ 15, 16, 2002; Ord. 11-2000 (part), 2000)

§ 802 - CONFERENCE CENTERS

A.

The maximum number of rooms for overnight stay shall not exceed the gross square footage of all meeting rooms divided by 100.

B.

All accessory uses permitted shall be for the sole use and enjoyment of conferees in attendance.

C.

The minimum lot size for such uses shall be 10 acres.

(Ord. 11-2000 (part), 2000)

§ 803 - KENNELS

A.

There shall be a maximum of six animals kept in any kennel.

B.

All covered shelters for the animals, as well as any outside pens, shall be a minimum of 100 feet from any side or rear lot line.

C.

The kennel shall be licensed.

D.

A lot size of at least ten (10) acres.

(Ord. 11-2000 (part), 2000)

§ 804 - SCHOOL BUS STORAGE

A.

Only one school bus is permitted to be stored on a residential lot in any residential zone.

B.

The bus shall be operable and have a valid, current registration.

C.

The bus shall be stored in the rear or side yard of any lot, not in the front yard.

D.

Buffering requirements shall include a fifty (50) foot landscape area of evergreen trees immediately adjacent to the bus storage area. Such buffer shall be subject to a minor site plan review.

(Ord. 11-2000 (part), 2000)

§ 805 - NURSING HOMES

A.

The number of beds per acre shall not exceed twenty-five (25), not to exceed 125 beds.

B.

Parking for staff and visitors shall be at the rate of 0.25/bed.

C.

Area Yard and Bulk Requirements.

Use Type Min. Lot Area Min. Lot Width Min. Lot Depth Min. Front Yard Min. Side Yard Min. Rear Yard Max. Bldg. Height Max. Lot Cov.
Nursing Homes 5 ac 300 ft 300 ft 100 ft 50 ft 75 ft 35 ft 25%

 

D.

Landscaped buffers shall be provided with surrounding single-family residences, which shall become a visually impervious buffer five years after planting.

E.

The Nursing Home shall be served by public sewer and public water.

(Ord. 17-2004 § 7, 2004; Ord. 08-2004 § 18, 2004: Ord. 11-2000 (part), 2000)

§ 806 - GOLF COURSES

A.

Golf Courses. The following standards shall apply to all golf courses.

1.

A golf course shall have a minimum of eighteen (18) holes and with a minimum lot area of at least two hundred (200) acres of contiguous property.

2.

A golf course shall have a club house of not less than 5,000 square feet.

3.

The use of sludge and sludge derived products is prohibited.

B.

Design Standards for Golf Courses. All of these standards may not be achievable on every site plan; for this reason, each application shall be carefully considered on its merits and waivers may be granted where appropriate:

1.

The design, operation and maintenance of a golf course shall be governed by the USGA's "Environmental Principles for Golf Courses in the United States". The golf course shall be designed so as to be eligible to receive a USGA Course Rating and Slope Rating as defined in the USGA Handicap System. Putting greens shall be constructed following the USGA's "Recommendation for a Method of Putting Green Construction" or by another method approved by the Planning Board.

2.

Disturbance of Wooded Areas. Where a golf course is proposed in area of mature forest no more than twenty-five percent (25%) of the mature trees may be removed.

3.

Setback Requirements.

a.

The minimum spacing between a fairway, green, or tee and any lot line shall be one hundred (100) feet.

b.

The minimum spacing between any permitted accessory structure to a golf course and any lot line shall be one hundred fifty (150) feet.

c.

The minimum spacing between a building and a natural water course shall be one hundred (100) feet.

4.

The maximum height of any structure shall be thirty-five (35) feet.

5.

Floor area ratio for all structures on a single lot shall not exceed 0.01.

6.

Lot Frontage.

a.

A golf course is required to provide at least two (2) safe and efficient access and egress points from one or more public roads. One of the two accesses may be provided only for emergency access. The two means of access and egress shall be connected internally and the curb cuts shall be spaced at least two hundred (200) feet apart. A golf course should be located in reasonable proximity to a county road.

b.

Where a lot abuts an existing public street, the minimum lot frontage shall be fifty (50) feet.

7.

Deed Restrictions. Site plans shall be required to provide appropriate deed restrictions. The legal instrument shall be drafted in general accordance with the recommendations and language contained in Appendix 4 of this chapter.

a.

Conservation easements shall be required for all waterways, wetland areas and required transition areas.

b.

Critical areas outside the area of disturbance shall contain conservation easements. These critical areas shall include slopes in excess of thirty-five percent (35%), floodplains and open water bodies.

c.

All site plans shall contain a reference to any required conservation easement.

8.

Landscaping. (See Section 630 and Section 631 for additional Standards.)

a.

Existing vegetation shall be preserved in areas where disturbance is not necessary.

b.

Where landscaping is proposed, native species only shall be utilized in the design.

c.

Where structures are located in woodlands, a treed area of at least thirty (30) feet between structures and the roadway shall be retained.

9.

Lighting. See Section 632.

10.

Concrete engineered structures. In any development, some engineered structures are necessary for access and drainage. In order to accommodate the installation of infrastructure while reducing its impact, the following standards shall apply:

a.

Visible structures such as curbing, culverts, walls and outlet structures shall not be stark white.

b.

The use of dyed and textured concrete as well as the use of other natural materials is required to minimize the visual impact of these structures. Such concrete shall be of natural earth colors in the range of grays to browns.

11.

Guardrails. Guardrails shall be constructed of wood. They will be required with side slopes steeper than three to one (3:1) and depths greater than nine (9) feet.

12.

One (1) illuminated sign not exceeding eighteen (18) square feet shall be permitted except that illuminated directional and traffic signs are permitted within the golf course provided that they are screened from the road and residential properties.

13.

There shall be four (4) parking spaces shall per hole. All parking spaces can be satisfied using grass paver blocks or similar semi-impervious building material. Parking areas shall be screened from view of all residential property and roads.

14.

All interior roads and travel lanes shall be designed as not to create a dust nuisance onto adjacent property. The Planning Board may require interior roads and travel Lanes to be paved to prevent dust nuisances on adjacent properties.

15.

Parking areas and buildings shall be screened from view of residential properties and roads to the extent practical, except that a gate house may be visible from the road of a golf course.

16.

Water Quality Protection.

a.

The golf course shall be designed using grasses and other plants that minimize, to the extent practical, the use of pesticides, fertilizers and water.

b.

A golf course shall have a suitable wash area for the cleaning of lawn mowers and equipment. The wash area shall be at least one hundred (100) feet form any natural water course.

c.

No pesticide, herbicide, or fertilizer, shall be utilized within 100 feet of any natural water course.

17.

A golf course shall comply with all federal, state, county and local environmental and health regulations.

18.

The conservation of water should be encouraged. The use of surface water, captured rainwater and recycled water is encouraged for irrigation purposes.

19.

Assurances shall be provided that any adverse impacts on groundwater or surface water quality resulting form the golf course will be mitigated by the owner. The applicant shall provide for the monitoring of water quality of the groundwater and surface water resources associated with the golf course. The monitoring program, including the timing and frequency of testing and the identification of chemical parameters to be tested shall be established by the Approving Authority at the time the Integrated Turf Management Plan and Integrated Pesticide and Pest Management Plan are approved as part of the conditional use application. The monitoring program shall be consistent with the guidelines established for monitoring plans by the New Jersey Department of Environmental Protection (NJDEP), Bureau of Water Quality Analysis. The results and finding of any water quality monitoring shall be submitted by the owner to the Township for monitoring purposes.

20.

The golf course shall make provisions for the travel and habitation of wildlife and shall provide for wildlife corridors and other wildlife utilization as may be accommodated by the site. Where appropriate wildlife habitat exists, the golf course shall be encouraged to register with the Audubon Cooperative Sanctuary Program.

C.

Density. Single family homes may be clustered around the perimeter of a golf course not to exceed a density of 0.165 du/ac. The lot size and bulk or performance standards can be reduced to the cluster standards of the rural zone. See Section 723 for the standards.

(Ord. 11-2000 (part), 2000)

§ 807 - WIRELESS TELECOMMUNICATIONS TOWERS AND FACILITIES

A.

Conditional Uses Permitted. Although not listed in the specific district regulations earlier in this Ordinance, wireless telecommunications towers, and the installation of wireless telecommunication antennas to existing buildings or structures, are permitted as conditional uses, subject to the standards set forth in this Section and elsewhere in this Ordinance, in the following zoning districts:

1.

RO/MXD;

2.

Farmland Preservation;

3.

Highlands;

4.

Lamington;

5.

Piedmont;

6.

Mining;

7.

Rockaway Village.

B.

Purpose.

1.

The purpose of this Section is to establish general guidelines for the siting of wireless telecommunications towers and antennas.

2.

The goals of this Section are to:

a.

Protect residential areas and land uses from the adverse impacts of towers and antennas;

b.

To the extent towers are proven necessary, encourage their location in nonresidential areas;

c.

Minimize the total number of towers throughout the community;

d.

Strongly encourage the joint use of new and existing sites as a primary option rather than construction of additional single-use towers;

e.

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

f.

Encourage users of towers and antennas to construct and configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

g.

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

h.

Consider the public health and safety of communication towers;

i.

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.

C.

Definitions. For the purposes of this Section the following terms shall have the following meanings:

Antenna. Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communications signals.

Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. Guyed towers and parabolic dish antennas are not permitted within the Township. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

D.

1.

Location Priority for Antennas. The applicant requesting such conditional use shall demonstrate to the Approving Authority the need therefore at the location requested, in accordance with an overall comprehensive plan submitted to the Approving Authority for the provision of wireless telecommunications service within the Township. Such plan shall demonstrate, among other things, that other existing wireless telecommunications towers or sites for towers have been considered, and shall identify them, and if they are not acceptable for collocation, why not so acceptable. Wireless telecommunications antennas, where permitted as a conditional use, shall be in accordance with the following prioritized locations:

a.

The first priority location shall be collocation on existing wireless telecommunications towers or on high tension towers or water tanks, provided that the new installation does not increase the height by more than 10%;

b.

The second priority location shall be on existing buildings or structures (other than those described in subsection D.1 of this Section) in accordance with subsection G of this Section and other applicable provisions of this Section;

c.

The third priority location shall be on lands or structures owned by any public entity including the state, county, municipality or board of education;

d.

The forth priority location shall be on such locations as the applicant proves are essential to provide required service to the Township area.

2.

Location Priority for Towers.

a.

An applicant desiring to construct a wireless telecommunications tower in any zone shall provide a sufficient showing so as to:

(1)

Present documentary evidence regarding the need for wireless telecommunications antennas at the proposed location. This information shall identify the wireless network layout and coverage areas to demonstrate the need for new equipment at a specific location within the Township.

(2)

Provide documentary evidence that a good faith attempt has been made to locate the antennas on existing buildings or structures within the applicant's search area. Efforts to secure such locations shall be documented through correspondence by or between the wireless telecommunications provider and the property owner of the existing buildings or structures.

(3)

Document the locations of all existing communications towers within the applicant's search area and provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide sufficient and credible written evidence of its attempt or attempts to collocate.

(4)

Demonstrate efforts to site new wireless communications towers within the applicant's search area according to the priority schedule below. Such demonstration shall include the block and lot of any parcel for which the wireless provider has attempted to secure a lease or purchase agreement and copies of all correspondence by or between the wireless provider and the property owner.

Priority Schedule

Priority Zone
1 RO/MXD
2 Mining
3 RVD
4 HL, FP, PM, LT

 

(5)

An applicant desiring to construct a wireless telecommunications tower who has satisfied the requirements of subsection D.2.a of this Section, shall also satisfy the following bulk standards, which bulk standards shall be interpreted and reviewed pursuant to N.J.S.A. 40:55D-70(c):

Minimum lot size 10 acres
Minimum setback of wireless telecommunications tower from:
Any property line The zone district setback requirements or the tower height, whichever is greater
Any existing residence 1,000′
Any wireless telecommunications tower 2,640′
Minimum setback for equipment compound from any property line The zone district setback requirements for an accessory structure
Maximum height of wireless telecommunications tower (exclusive of lightning rod) designed to accommodate:
3 or more vendors 140′
2 vendors 120′
Single vendor 100′
Maximum height of attached antenna 10′ above the highest point of the building or structure to which it is attached

 

E.

Collocation Policy.

1.

An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within the Township.

2.

An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocation sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search areas for such antennas. Efforts to secure such locations shall be documented though correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation.

3.

Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within the Township and surrounding areas with coverage in the Township and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. When a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Federal Telecommunications Act of 1996, cannot be provided without the proposed tower.

4.

Site Location Alternative Analysis. Each applicant shall include a site location alternative analysis describing the location 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 not chosen. The analysis shall include the following issues:

a.

How the proposed location of the wireless telecommunications tower relates to the objective of providing full wireless communication services within the Township area;

b.

How the proposed location of the proposed wireless telecommunications tower relates to the location of any existing antennas within and near the Township area;

c.

How the proposed location of the wireless telecommunications tower relates to the anticipated need for additional antennas within and near the Township area by the applicant and by other providers of wireless communications services within the Township area;

d.

How the proposed location of the wireless telecommunications tower relates to the objective of collocating the antenna of many different providers of wireless communications services on the same wireless telecommunications tower;

e.

How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the Township area.

F.

The Approving Authority, as is appropriate, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternative analysis, as well as the review of impact on adjoining properties within the municipality. The service provider shall bear the reasonable costs associated with such consultation.

G.

Wireless telecommunications antennas may be erected on existing buildings or structures, and an equipment compound may be constructed in support of such antennas consistent with the following requirements:

1.

Antenna arrays may be mounted on existing buildings or structures but shall not extend beyond the overall height of any such building or structure by more than 10 feet or 10% of the height or the building or structure, whichever is less;

2.

The equipment building shall be situated within a solid wooden fence at least seven and no more than eight feet high as approved by the Township Engineer, which shall include a locking security gate;

3.

An equipment compound consisting of no more than 4,000 square feet in area may be erected in support of such antenna arrays, provided that:

a.

It is situated behind existing structures, building or terrain features which will shield the compound from public view; or

b.

When a location out of public view is not possible, a landscape buffer of 20 feet in width shall be provided around the compound to shield the facility from public view. Landscaping shall include evergreen trees at least eight feet high at the time of planting and planted in staggered double rows at 15 feet on center, or equivalent.

4.

Antennas installed according to these provisions shall be suitably finished and/or painted so as to minimize their visual impact on the landscape. Depending on the placement of this equipment, color should be selected to be consistent with the color scheme of the building or structure on which they are mounted, in order to blend with their surroundings. When this is not possible, color selection shall be designed to minimize the visual impact of the antenna arrays;

5.

Wireless communications towers shall be located to minimize visual impact on residential areas and the public way.

H.

Height and Setbacks. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the Approving Authority that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new telecommunications tower according to the following requirements:

Minimum lot size 10 acres
Minimum setback of tower and equipment compound from any property line 200 feet or 2 times height of tower, whichever is greater
Maximum tower height
Multiple vendors 140 feet
Single vendor 140 feet

 

I.

Distance. No wireless telecommunications towers shall be erected within 1,000 feet of any of the following:

a.

Any residence not located on the subject property;

b.

Public and private schools, public recreation facilities, libraries, senior citizen centers, and houses of worship.

Distance from historic district or site. Wireless telecommunications towers shall not be erected within 1,500 feet of any historic zoning district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.

J.

Antenna Modifications and Tower Certification. Wireless telecommunications towers must be constructed in the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent) as it may be updated or amended. Operators of wireless telecommunications towers shall provide to the Township an annual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify the Township when the use of such antennas and equipment is discontinued. If the annual report discloses that the condition of any tower presents an imminent hazard to the public health, safety and welfare, the Township Engineer shall order the owner of the tower to take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers shall be maintained to assure the continued structural integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

K.

Abandonment and Removal. Wireless telecommunications towers and equipment which are not operated for wireless telecommunications purposes for a continuous period of six months shall be considered abandoned and shall be removed by the facility owner at its cost. This removal shall occur within 90 days of the end of such six-month period. If such wireless telecommunications tower is not removed within said 90 days, the municipality may remove such tower at the owner's expense. If the facility is to be retained, the owner shall provide proof that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued to cover the costs of tower removal and site restoration. The amount of the bond shall have taken into consideration cost escalations.

L.

Additional Collocation Provisions.

1.

Authorization for the construction of a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other cellular service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated.

2.

Ordinance limitations on the number of principal uses on a lot shall not apply when wireless telecommunications towers and equipment are located on a lot with buildings or structures already on it.

M.

Monopole Construction. Monopole tower construction shall be utilized in all cases where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type pole is necessary for the collocation of additional antennas on the tower.

N.

Fencing and Landscaping. Wireless telecommunications towers and equipment buildings and compounds shall be surrounded by a fence. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Approving Authority as may be necessary. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment, buildings and compounds shall be screened in accordance with this Section. If the facility is located on an existing building or structure which is not a wireless telecommunications tower, a high tension tower or a water tank, the additional provisions of Section 807G shall apply.

O.

Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.

P.

Color. Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

Q.

Activity and Access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Approving Authority.

R.

Dish Antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible and in no case shall the diameter of a dish antenna exceed six feet.

S.

Lighting. No lighting is permitted except as follows:

1.

Equipment, buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/of sensors so that the light is turned off when not needed for safety or security purposes; and

2.

No lighting is permitted on a wireless telecommunications 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 to not project towards adjacent and nearby properties.

T.

Noise. No equipment shall be operated so as to produce noise in excess of reasonable limits actually required to operate the facility.

U.

Radio Frequency Emissions. Federal law regulates radio frequency (RF) emission and wireless telecommunications towers which meet Federal Communications Commission [FCC] standards. Applicants shall provide current FCC information concerning wireless telecommunications towers and radio frequency emission standards. Applicants for wireless telecommunications towers shall be required to provide information on the projected power density of the proposed facility and how this meets FCC standards.

V.

This Section shall not govern any tower, or the installation of any antenna, that is under 70 feet in and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.

(Ord. 02-2008 § 2, 2008; Ord. 16-2004 § 1, 2004)