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Wall Township City Zoning Code

ARTICLE XXII

Conditional and Accessory Uses

§ 140-141 Conditional use approval; standards.

A. 
The uses listed on the Schedule of Permitted and Conditional Uses as conditional uses shall be permitted in the zones designated upon a favorable review by the Planning Board.[1]
[1]
Editor's Note: The Schedule of Permitted and Conditional Uses is included at the end of this chapter.
B. 
The following shall apply to the approval of a conditional use:
(1) 
The use for which an application is being made shall be specifically listed as a conditional use within the zone where the property is located.
(2) 
The development shall conform with the criteria specified under this article.
C. 
Site plan approval shall be required unless otherwise specified in this chapter.
(1) 
The conditional use shall comply with the design standards, improvement standards, and document submittal requirements of this chapter unless a requirement is waived by the approving authority.
(2) 
The conditional use shall adhere to the additional standards specified for the particular use unless a variance is granted pursuant to N.J.S.A. 40:55D-70d.
D. 
The criteria and additional standards applicable to the various conditional uses shall be as follows.

§ 140-142 Heavy construction other than building construction-contractors (NAICS 234); lumber and wood products, except furniture (NAICS 321); stone, clay, glass and concrete products (NAICS 327); coating, engraving and allied products (NAICS 332813); warehousing (excluding NAICS 49311), mini warehouses and self-storage (NAICS 53113); and motor freight terminals (NAICS 48849).

Heavy construction other than building construction-contractors (NAICS 234); lumber and wood products, except furniture (NAICS 321); stone, clay, glass and concrete products (NAICS 327); coating, engraving and allied products (NAICS 332813); warehousing (excluding NAICS 49311), mini warehouses and self-storage (NAICS 53113); and motor freight terminals (NAICS 48849) may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
Any structures to be used for the aforementioned purposes shall not be erected nearer than 100 feet to any street line or any parcel of land and shall not be erected nearer than 50 feet to any side line, nor 75 feet to any rear yard line and at least 100 feet from the property line of any residential zone abutting the premises. The word "structure" herein shall include accessory buildings and parking areas. Adequate off-street parking with respect to the premises shall be provided and be limited to the rear and side yards in accordance with this chapter.
B. 
The loading and delivery area shall be located at the rear of the structure and shall be screened primarily with evergreen trees so as to provide visible obstruction as to neighboring properties. In the event any of the aforesaid trees do not live, they shall be replaced so as to maintain the adequate screening.
C. 
If the parking is illuminated it shall be adjusted so that no glare or beam is directed towards any adjoining property, public street or dwelling windows.
D. 
Site plan approval shall be required and any development shall be subject to the following supplemental zoning regulations:
(1) 
Minimum lot area shall be three acres.
(2) 
Minimum lot frontage shall be 250 feet.
(3) 
Maximum lot coverage shall be 40%.
(4) 
All outdoor storage areas shall be screened from view from any public road by a landscaped buffer with a minimum width of 20 feet.
(5) 
All outdoor storage areas shall be screened from adjacent properties by a landscaped buffer with a minimum width of 30 feet.
(6) 
All outdoor storage areas shall be arranged in a safe and neat manner, shall be fenced in with a minimum six-foot high fence and shall be paved in accordance with this chapter.

§ 140-143 Mini warehousing and self-storage (NAICS 53113).

Mini warehousing and self-storage (NAICS 4225) uses may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that all of the following conditions are met:
A. 
The minimum rental storage area shall be 40,000 square feet.
B. 
Such facilities shall maintain an operational manager's or resident manager's office/dwelling which shall be accessory to the principal use herein. Occupancy of the dwelling shall be limited to the facility manager and his immediate family.
C. 
Such facilities shall provide for the storage of customer's goods and wares only. No business activity other than the rental of storage space shall be conducted on the premises by either the owner of the facility, the resident manager or a tenant of storage space.
D. 
No storage of any kind shall be conducted out of doors.
E. 
The site containing such a use shall have direct access to a nonresidential collector or arterial street.
F. 
Site plan approval shall be required and any development shall also be subject to the following supplemental zoning regulations:
(1) 
The minimum site area shall be four acres and the maximum site area shall be 12 acres.
(2) 
The maximum building area inclusive of a manager's office and/or dwelling for any one building on the site shall be 12,000 square feet.
(3) 
The maximum building length inclusive of a manager's office and/or dwelling shall be 300 feet.
(4) 
The minimum front yard setback abutting a public street shall be 75 feet. The minimum setback adjacent to any residentially zoned or developed property shall be 50 feet. All other setbacks shall be a minimum of 25 feet.
(5) 
The facades of all structures visible from public streets and residentially zoned or developed property shall be constructed of materials which are wood, brick, masonry, or other material finished to be compatible with the uses in the area in which the facility is located. Facades facing residentially zoned or developed property shall not contain access doors to the storage units.
(6) 
No single structure shall exceed one story, 18 feet in height including all roof equipment attached thereto. Structures with roof equipment shall provide roof screening to prevent its visibility from all sides of the building. The height of a resident manager's office dwelling, whether or not it is attached to another structure, shall be permitted to a maximum of 35 feet, 2 1/2 stories.
(7) 
All outdoor lighting shall be shielded to direct light and glare only onto the premises and shall be of sufficient intensity to discourage vandalism and theft. It shall be directed, shaded and focused away from all adjoining property.
(8) 
A minimum of four standard parking spaces shall be located in the immediate vicinity of the administrative office for the use of prospective clients. Parking areas adjacent to or in close proximity to the storage facilities shall be provided. Two additional standard parking spaces shall be provided for a resident manager's dwelling. Fire lanes shall be designated and marked in accordance with the Fire Prevention Official.
(9) 
Outdoor mini warehouse or self-storage identification advertising displays shall be in accordance with this chapter and shall not in any way exceed the maximum size, height, character and spacing allowed in the zone in which it is to be located.
(10) 
Drive aisles with access on both sides to storage facilities shall provide a minimum of 30 feet of width where traffic flow is both ways. Where only one way traffic flow is permitted, the width may be reduced to a minimum of 22 feet.
(11) 
Drive aisles with access on one side to storage facilities shall provide a minimum of 25 feet of width where traffic flow is both ways. Where only one way traffic flow is permitted, the width may be reduced to a minimum of 20 feet.
(12) 
A minimum of fifteen-foot continuous planted buffer in accordance with this chapter shall be provided along all property lines adjacent to other nonresidentially zoned sites. If an adjacent site is residentially zoned or developed, the minimum planted buffer shall be 50 feet.
(13) 
A minimum fifty-foot continuous planted buffer in accordance with this chapter shall be provided along all nonaccessible street frontages. Where a frontage provides access to the facility, the same buffer shall be required except for the area necessary for an ingress/egress drive, required parking, signage as permitted by this chapter and required sight triangles.

§ 140-144 Wireless communications facilities.

[Amended 11-10-1999 by Ord. No. 36-1999; 6-23-2026 by Ord. No. 14-2026]
A. 
Purpose. The purposes for the regulation of wireless communications facilities are as follows.
(1) 
Protect residential areas and land uses from potential adverse impacts of wireless communications facilities and encourage applicants to locate wireless communications facilities, to the extent practicable and possible, in areas where the adverse impact to the community is minimal.
(2) 
Encourage and ensure the appropriate location of wireless communications facilities to avoid potential damage to adjacent properties and ensure the public health, welfare, and safety through proper engineering and careful siting of wireless communications facilities in accordance with federal and state law.
(3) 
Encourage the collocation and joint use of existing and approved wireless communications facilities, towers, and utility poles as a primary option rather than construction of new tower-based wireless communications facilities and new small wireless facility poles.
(4) 
Encourage applicants to configure wireless communications facilities in a way that minimizes their adverse visual impact through careful design, siting, landscape screening, and innovative camouflaging and stealth technology to preserve the aesthetic character in accordance with applicable zoning, planning, and design standards.
(5) 
Promote and ensure the positive impact of wireless communications facilities and enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently and to ensure that the residents, visitors, public safety operations, and businesses have reliable access to wireless telecommunications networks and state-of-the-art communications services.
(6) 
Comply with applicable federal and state law on the siting and regulation of wireless communications facilities while protecting the public health, welfare, and safety.
B. 
Definitions.
ANTENNA
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod or canister), directional antenna (panel), parabolic antenna (disc), or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
BACKHAUL NETWORK
The lines that connect a wireless provider's or facility developer's towers and cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
BASE STATION
A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. "Base station" includes, without limitation, the following.
(1) 
Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as a backhaul network.
(2) 
Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small-cell networks).
(3) 
Any structure other than a tower that, at the time the relevant application is filed under this section, supports or houses equipment described in Subsections (1) and (2) which has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing that support.
CABINET
A small box-like, rectangular, oval, or other geometric-shape structure used to facilitate utility or wireless communications facilities.
COLLOCATION
The act of siting a wireless communications facility on an existing structure without the need to construct a new wireless communications support structure and without a substantial increase in the size of an existing structure. The mounting of one or more wireless communications facilities, including antennas, on an existing tower-based wireless communications facility and/or wireless support structure for the purpose of transmitting and/or receiving radio and digital frequency signals for communications purposes. To be confirmed as collocation, an applicant must demonstrate that it qualifies as collocation in accordance with federal and state law, including, but not limited to, N.J.S.A. 40:55D-46.2. The siting of small wireless facilities and DAS on existing utility poles in the ROW shall be considered collocation.
COVERAGE GAP
The need for additional capacity because of inadequate present capacity or service, dead spots, and inability to place a call.
DEAD SPOT
Small areas within a service area where the field of strength is lower than the minimum level for reliable service or inadequate capacity exists as determined by expert testimony in accordance with industry standards.
DISTRIBUTED ANTENNA SYSTEM or DAS
Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure. DAS antenna elevations are generally at or below the clutter level and node installations are compact.
FCC
Federal Communications Commission.
GROUND-LEVEL CABINET
A cabinet that is not attached to an existing utility pole or tower and is touching or directly supported by the ground.
MONOPOLE
A wireless communications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure to support communications antennas and connecting appurtenances.
NON-TOWER WIRELESS COMMUNICATIONS FACILITY
All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment.
PREEXISTING WIRELESS SUPPORT STRUCTURES
Any tower, antenna, and/or other wireless communications support structure that has a construction permit or land use approval prior to the effective date of this section and including, but not limited to, any tower, antenna, and/or wireless communications support structure on property owned, leased, or otherwise controlled by the Township.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in the Township in which the Township, County of Monmouth, and/or State of New Jersey has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under the control of the Township, County of Monmouth, and/or State of New Jersey, and any unrestricted public or utility easements established, dedicated, platted, improved, or devoted for utility purposes, but excluding lands relating to other than streets that are owned by the Township, County of Monmouth, and/or State of New Jersey. The phrase "in the right(s)-of-way" and means in, on, over, along, above, and/or under the right(s)-of-way.
SATELLITE DISH
Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite, or similar electronic signals.
SMALL WIRELESS FACILITY
(1) 
A wireless facility mounted on structures 40 feet or less in height and which meets both of the following qualifications:
(a) 
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume; and
(b) 
All other wireless equipment associated with the small wireless facility, whether ground- or pole-mounted, is cumulatively no more than 28 cubic feet in volume.
(2) 
Small wireless facilities include DAS.
SMALL WIRELESS FACILITY POLE
A pole substantially similar to a utility pole and subject to the same laws and regulations governing utility poles which provides for the siting of small wireless facilities in the ROW.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers, antennas, and other related facilities which render them more visually appealing, or blend the proposed facilities into the existing structure or visual backdrop in such a manner as to render them minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flag poles, utility poles, and light poles.
SUBSTANTIAL CHANGE
A modification substantially changes the physical dimension of a wireless communications support structure and/or base station if it meets any of the following criteria:
(1) 
Increase in height. An increase in the height of a wireless communications support structure constitutes a substantial change for structures outside the ROW if the proposed increase in height is more than 20 feet or 10%, whichever is greater. All wireless communications support structures in the ROW, including small wireless facility poles and utility poles, shall be limited to a maximum of 40 feet in height. Any change to the increase in height for any wireless communications support structures in the ROW that increase the height to a total less than the maximum of 40 feet shall not constitute a substantial change.
(2) 
Increase in width. An increase in the width of a tower constitutes a substantial change for towers outside the ROW if the increase protrudes from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the new appurtenance. All changes to the width of small wireless facilities that comply with the applicable regulations shall be deemed nonsubstantial.
(3) 
Increase in equipment cabinets. The addition of equipment cabinets constitutes a substantial change if it involves installation of more than the standard number of new equipment cabinets for the technology involved or more than four cabinets, whichever is less.
(4) 
Excavation or deployment outside current site. Excavation or deployment of equipment outside the current site of the tower or base station constitutes a substantial change when required for a proposed collocation.
(5) 
Defeat of existing concealment elements. If existing concealment elements of the tower or base station would be defeated by the proposed collocation, the proposed collocation constitutes a substantial change. For example, if the proposed collocation would result in an extension of a camouflaged tree tower which would result in the tower no longer looking like a tree, the proposed collocation would constitute a substantial change of the tree tower.
(6) 
Failure to comply with prior conditions. A substantial change occurs if the proposed collocation fails to comply with conditions associated with the prior approval of the tower or base station, unless such noncompliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding substantial-change thresholds described above.
(7) 
The collocation of small wireless facilities on existing utility poles in the ROW and the replacement of existing, approved utility poles pursuant to the applicable law in the ROW shall not be considered a substantial change.
(8) 
No changes that exceed the scope of the applicable regulations shall be permitted, whether substantial or nonsubstantial.
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. The term shall also include radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, monopoles, and the like. The term includes the structure of the tower along with any support thereto.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY
Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers, and monopoles. DAS hub facilities are considered to be tower-based wireless communications facilities.
UTILITY POLE
Any telephone pole, public utility pole, electric pole, or any other pole providing for the maintenance of wires for the distribution of electricity, telephone signals, telegraph signals, and/or television signals.
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATIONS and COMMUNICATIONS SERVICE
Any personal wireless services as defined in the Telecommunications Act of 1996 ("TCA"), which includes FCC-licensed commercial wireless telecommunications services, including, but not limited to, all FCC-licensed backhaul network and other wireless services, broadcast, cellular, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging, and similar services that exist or that may be developed in the future.
WIRELESS COMMUNICATIONS EQUIPMENT
The set of equipment and network components used in the provision of wireless communications services, including, but not limited to, antennas, transmitters, receivers, base stations, equipment shelters, cabinets, emergency generators, power supply cabling, and coaxial and fiber optic cable, but excluding wireless communications support structures.
WIRELESS COMMUNICATIONS FACILITY
The antennas, nodes, DAS, control boxes, towers, poles, conduits, ducts, pedestals, electronics, base station, small wireless facility, tower, wireless communications support structure, and other equipment used for the purposes of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS COMMUNICATIONS SUPPORT STRUCTURE
A structure that is designed to support, or is capable of supporting, wireless communications facilities and equipment, including, but not limited to, a tower, water tower, or utility pole.
C. 
Interpretation.
(1) 
This section is not intended to, nor shall it be interpreted or applied to the following.
(a) 
Prohibit or effectively prohibit any personal wireless service provider's ability to provide personal wireless, data, and communications services.
(b) 
Prohibit or effectively prohibit any entity's ability to provide any interstate or intrastate telecommunications service, subject to any competitively neutral and nondiscriminatory rules or regulation for ROW management.
(c) 
Unreasonably discriminate among providers of functionally equivalent services.
(d) 
Deny any request for authorization to place, construct, or modify personal wireless service facilities based on environmental effects of radio frequency emissions so long as such wireless communications facilities comply with the FCC's regulations concerning such emissions.
(e) 
Prohibit any collocation or modification that the Township may not deny under federal or state law.
(f) 
Otherwise authorize the Township to preempt any applicable federal or state law.
(2) 
In furtherance of the foregoing goals, due consideration shall be given to the master plan, zoning map, existing land uses, and environmentally sensitive areas in the approving of sites for the location of wireless communications facilities and the regulation of such facilities.
D. 
Applicability.
(1) 
All wireless communications facilities are subject to these regulations, except as otherwise provided herein.
(2) 
Amateur radios; receive-only antennas. This section shall not govern any tower or the installation of any antenna that is under 70 feet in height which is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(3) 
Preexisting towers or antennas. Preexisting towers or antennas shall not be required to meet the requirements of this section, other than the requirements regarding building codes and safety standards. This exception shall not apply to any expansion or intensification of a preexisting tower or antenna.
(4) 
Public entities. Wireless support structures, tower-based wireless communications facilities, and wireless communications facilities operated, leased, or used by the Township shall be exempt from the requirements of this section. The Township shall be a permitted use in all zone districts, provided that any lease authorizing such facilities has been approved by the Township, and, as a condition of any such lease, the Township may require site plan approval or may exempt the applicant from approval.
(5) 
Satellite dish antenna. This section shall not govern any parabolic satellite antennas.
(6) 
AM array. For purposes of implementing this section, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.
E. 
Permitted use, scope, and restrictions.
(1) 
Wireless communications facilities are a conditional use in the GI and OR-10 Zones. Only collocation of small wireless facilities on utility poles in the ROW and the construction of small wireless facility poles for the purpose of siting small wireless facilities in the ROW shall be permitted in residential zones and only one such wireless communications facility shall be permitted on each utility pole and small wireless facility pole. No other wireless communications facilities of any type shall be permitted in any residential zones or within 100 feet of a lot in residential use or a residential district boundary.
(2) 
Lot size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot coverage requirements and other such requirements, the dimensions of the entire lot shall control even though the antennas or towers may be located on leased parcels within such lot. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Township irrespective of municipal and county jurisdictional boundaries.
(3) 
No wireless communications facilities are permitted inside or on any buildings or accessory buildings. Except for the collocation of small wireless facilities on utility poles and siting of small wireless facilities on small wireless facility poles in the ROW as required by federal and state law, and, as otherwise provided by the Township Code, no non-tower-based wireless communications facilities shall be permitted.
(4) 
No lattice towers or guyed-lattice towers shall be permitted.
(5) 
Except as otherwise provided by law for public utilities and the approval and construction of new small wireless facility poles for the purpose of siting small wireless facilities as permitted by the Township Code, no new wireless communications support structures, such as towers or monopoles, shall be permitted in the ROW. Only collocation of small wireless facilities, nonsubstantial changes to existing wireless communications support structures, utility poles, and small wireless facility poles shall be permitted in the ROW.
(6) 
No advertising or non-safety-related signs of any type shall be permitted on any wireless communications facilities, wireless communications support structures, wireless communications equipment, cabinets, or base stations.
(7) 
All wireless communications facilities shall comply with all applicable federal, state, county, and Township laws and regulations.
F. 
Collocation and priority policy.
(1) 
It is the Township's policy that the first priority locations for wireless communications facilities shall be the Township-owned towers, and then non-Township-owned existing towers and wireless communications support structures, and all applicants for new wireless communications facilities shall make all reasonable and good faith efforts to collocate the proposed wireless communications facilities and/or secure the location of such facilities on the Township-owned wireless communications support structures first, the non-Township-owned existing towers and wireless communications support structures second, the collocation of small wireless facilities on existing utility poles third, and the construction of small wireless facility poles fourth.
(2) 
The Township's priority policy for small wireless facilities is as follows:
(a) 
Existing utility poles shall be the priority locations for such facilities, followed by replacement of utility poles, and followed by the construction of new small wireless facility poles.
(b) 
First priority for collocation on existing utility poles and construction of new small wireless facility poles shall be first in nonresidential zones, second on Highway 35, Route 34, Route 33, Route 71, and Route 70 in all zones, and third on local residential streets.
(3) 
An applicant proposing any wireless communications facility at a new location shall demonstrate and document that it made its best efforts to find a collocation site and that none was available, practicable, economically feasible, or viable.
G. 
Application fees, costs, and escrows relating to wireless communications facilities outside the ROW, noncollocation, and substantial changes.
(1) 
The Township may assess appropriate and reasonable application and fees directly related to the actual costs in reviewing and processing the application for approval of wireless communications facilities, as well as actual inspection, monitoring, and related costs, as set by resolution. The Township may also impose and require escrow fees for the payment of actual fees and costs, as the Township deems appropriate by way of resolution.
(2) 
Retention of experts and costs. The Township and the Planning Board may use and/or hire any consultants, engineers, attorneys, and/or experts to assist with the review and application for approval of wireless communications facilities, and, following approval, assist with the review and evaluation of any potential violations. The applicant and/or owner of the wireless communications facility shall reimburse the Township and the Planning Board for all costs of the foregoing activities.
H. 
Application fees and costs relating to wireless communications facilities inside the ROW, collocation, and nonsubstantial changes.
(1) 
All applications shall be accompanied by a fee directly related to a reasonable approximation of the Township's costs reasonably incurred as a direct result of the application and which fee shall be set at $500 for an application including one to five location sites and $100 for each additional location site.
(2) 
In addition to other fees provided herein, every wireless communications facility in the ROW is subject to the Township's right to fix annually a fair and reasonable compensation to be paid for use and occupancy of the ROW. Such compensation for ROW use shall be directly related to the Township's actual ROW management costs, if any, including, but not limited to, the costs of the administration and performance of all review, inspection, supervision, and other ROW management activities by the Township. The owner of each wireless communications facility shall pay an annual fee to compensate the Township for the Township's costs incurred, if any. The annual ROW management fee for wireless communications facilities shall be determined by the Township and authorized by resolution. Unless otherwise permitted by law, the annual fee shall be set at $270 for each site in the ROW.
I. 
Application requirements for the construction and/or installation of all wireless communications facilities that constitute a new tower and tower-based wireless communications facility, noncollocation, and/or substantial changes to non-small wireless facility wireless communications facilities.
(1) 
Except as otherwise provided, no wireless communications facilities shall be constructed, erected, or substantially changed unless site plan approval and any and all applicable variances are obtained from the Zoning Board of Adjustment and the Planning Board.
(2) 
This section shall not apply to existing utility poles, the replacement of utility poles, and new utility poles in the ROW and the construction of small wireless facility poles in the ROW. The foregoing does not constitute towers or tower-based wireless communications facilities.
(3) 
The following provisions shall apply to applications for such approval:
(a) 
Applications for site plans along with any required variances shall be subject to the procedures and requirements of the Municipal Land Use Law and the Township Code, except as modified herein.
(b) 
In granting site plan approval or a variance, the Zoning Board of Adjustment and the Planning Board may impose additional conditions consistent with federal and state law to the extent the Zoning Board of Adjustment or the Planning Board conclude such are necessary to minimize any adverse effect of the proposed wireless communications facility on adjoining properties.
(c) 
Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer of the state.
(d) 
An applicant for site plan approval or a variance shall submit the information required, a nonrefundable application fee, and an escrow deposit.
(e) 
Any tower shall be designed and constructed so as to accommodate at least four antenna arrays of separate wireless communications providers, where such accommodation is technically feasible.
(4) 
In addition to any and all information required for applications for site plan approval or a variance pursuant to the Township Code, applicants for approval for the construction or installation of wireless communications facilities shall submit all of the items identified on the application checklist, along with the following information before the application is certified as complete.
(a) 
A completed proscribed application and application checklist for proposed wireless communications facilities.
(b) 
The identity of the owner of the property, structure, and/or building and a copy of the lease (with confidential or proprietary information redacted), proof of ownership and authority, and deed for the property.
(c) 
A scaled site plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by the Township Code, or as required by the Township or Board Engineer, to enable comprehensive review of the application.
(d) 
Survey of the property, including a letter of interpretation from the State Department of Environmental Protection, signed and sealed by a land surveyor licensed in the state, dated no earlier than 12 months prior to the date of the application.
(e) 
The separation distance between the proposed wireless communications facility and the nearest residential unit and/or residentially zoned property and boundary line.
(f) 
The separation distance from other wireless communications facilities described in the inventory of existing sites shall be shown on an updated site plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s).
(g) 
A landscape plan showing specific landscape materials and precise locations of proposed landscaping improvements, including, but not limited to, species type, size, spacing, other landscape features, and existing vegetation to be retained, removed, or replaced, which shall be certified by a licensed engineer or certified landscape architect.
(h) 
An environmental-impact study.
(i) 
A plan evidencing compliance with the applicable requirements, including, but not limited to, the architecture, stealth technology requirements, aesthetics, color, camouflage, landscaping, and fencing.
(j) 
A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility.
(k) 
A written report of the feasible location(s) of future wireless communications facilities that may be erected by the applicant within the Township based upon existing physical engineering, technological, or geographical limitations in the event the proposed wireless communications facility is erected.
(l) 
A visual study, including photographic or topographic plans, identifying a line-of-sight analysis detailing the view of the proposed wireless communications facility from various directions and angles from adjacent areas within a 750-foot radius of the proposed wireless communications facility. The analysis shall be utilized to determine buffer requirements.
(m) 
Documentation of the results of the crane test, including a line-of-sight survey and photographic result of the crane test with regard to the potential visual and aesthetic impacts of the proposed tower. Such documentation must establish the zone of visibility of the proposed tower.
(n) 
Photo-simulations of any proposed tower, which shall include at least one photo-simulation from at least four angles of view of the tower (from the north, east, south and west), taken from ground level at the property line of the proposed site of any tower. Photo-simulations presented to the approving authority shall be in color and a minimum of eight inches by 11 inches in size.
(o) 
Documentary and expert evidence regarding the need for the wireless communications facility, which information shall identify the existing wireless network layout and existing coverage areas to demonstrate the need for the facility at a particular location within the Township. The evidence shall include a report of the radio frequency engineering analysis of the search area for the wireless communications facility.
(p) 
A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind loading requirements as set forth in the requirements as set forth in the International Building Code, New Jersey state edition, as amended, or the applicable New Jersey structural and wind requirements, including a description of the number and type of antennas it is designed to accommodate.
(q) 
A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate collocation of additional antennas for future users. If so, a letter of commitment by the applicant to lease the excess space on wireless communications facility 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. The letter shall commit the tower owner and all successors in interest.
(r) 
Elevations of all existing and proposed structures generally depicting all existing and proposed antennas, towers, platforms, finish materials, as well as all other accessory equipment.
(s) 
An inventory of the applicant's existing wireless communications facilities or sites approved for towers or antennas within the jurisdiction of the Township and within three miles of the proposed site, including specific information about the location, height, and design of each wireless communications facility. The Township and the Planning Board may share such information with other applicants applying for administrative approvals or permits under this section or other organizations seeking to locate wireless communications facilities within the jurisdiction of the Township; provided, however, that the Township and the Planning Board are not, by sharing such information, in any way representing or warranting that such sites are available or suitable.
(t) 
Identification of the entities providing the backhaul network for the wireless communications facility described in the application and other wireless communications facilities owned or operated by the applicant in the Township.
(u) 
Detailed and certified engineering plans of the wireless communications facility proposed and any and all related equipment.
(v) 
Fully executed indemnification and hold harmless agreements prepared by the Township, which are provided with the application package.
(w) 
Documentation that the existing vegetation, trees, and shrubs located within proximity to the wireless communications facility structure shall be preserved to the maximum extent possible.
(x) 
A soil report to the Township complying with the standards of Appendix I: Geotechnical Investigations, ANSI/ETA 222-B, as amended, to document and verify the design specifications of the foundation of the wireless communications support structure and anchors, if used.
(y) 
Documentation of compliance with all of the applicable requirements of the Township Code.
J. 
Review of applications for the construction and/or installation of all wireless communications facilities that constitute a new tower and tower-based wireless communications facility, noncollocation, and/or substantial changes to non-small wireless facility wireless communications facilities.
(1) 
Time frame for review. The Planning Board shall render a decision on an application within 150 days of receipt of a complete application.
(2) 
Incomplete applications. The Planning Board may toll the 150-day time frame set by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Township Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The 150-day time frame shall begin again upon receipt of the supplemental submission.
(3) 
Subsequent incomplete applications. The Planning Board may thereafter toll the 150-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
(4) 
Failure to act. If the Planning Board does not approve or deny an application within 150 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Planning Board in writing that the review period has expired. Upon the Planning Board's receipt of this notice from the applicant, the application shall be deemed granted.
K. 
Application requirements for new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.
(1) 
An application for development to construct and/or install new wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities shall not be subject to site plan review, provided the application meets the following requirements:
(a) 
If collocation to or nonsubstantial change to an existing wireless communications support structure, the existing structure shall have been previously granted all necessary approvals by the appropriate approving authority.
(b) 
If construction and/or installation of a new small wireless facility pole in the ROW for the purpose of siting small wireless facilities in the ROW, the new structure shall obtain all necessary approvals by the appropriate approving authority.
(c) 
The proposed application satisfies the federal and state requirements to meet the standards for collocation.
(d) 
The proposed collocation and/or change complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to N.J.S.A. 40:55D-1 et seq., or any other applicable law, rule, or regulation.
(e) 
Complies with all applicable requirements of the Township Code.
(2) 
Each application shall be limited to a request to construct and/or install a total of one wireless communications facility that constitutes new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.
(3) 
All applications shall be submitted to the Land Use Officer on the proscribed application and checklist form(s) and shall include the following information.
(a) 
A completed application and application checklist.
(b) 
A statement and supporting proofs that the application qualifies as new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.
(c) 
The identity of the owner of the property, structure, and/or building and proof of approval to use the site and compliance with N.J.S.A. 48:3-18.
(d) 
Proof of all consents required by federal, state, and local law and regulations, including N.J.S.A. 48:17-8.
(e) 
Certification that the applicant possesses the legal authority to construct, collocate, and/or change the wireless communications support structure, which may include approvals from the jurisdiction authorizing the initial placement of the wireless communications support structure and transmission equipment.
(f) 
Fully executed indemnification and hold harmless agreements.
(g) 
A scaled location plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by the Township Code, or as required by the Township to enable comprehensive review of the application.
(h) 
The separation distance from other wireless communications facilities shall be shown on a location plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing wireless communications support structure(s) and the owner/operator of wireless communications support structure(s) within one mile.
(i) 
A description of the type and quantity of equipment to be installed and the number and size of any equipment cabinets to be installed.
(j) 
A description of any excavation required.
(k) 
A description of any change in wireless communications support structure height and/or width as a result of the proposed collocation, removal, or replacement.
(l) 
A plan evidencing the development's compliance with the applicable requirements, including, but not limited to, the architecture, aesthetics, color, and use of stealth technology.
(m) 
A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility, including certification from a structural engineer that the existing or new utility pole is structurally suitable and safe for new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.
(n) 
A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind-loading requirements as set forth in the International Building Code, New Jersey state edition, as amended, or the applicable New Jersey structural and wind requirements, including a description of the number and type of antennas it is designed to accommodate.
(o) 
A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate collocation of additional antennas for future users. The statement shall commit the wireless communications support structure owner and successors in interest.
(p) 
Elevations of all proposed wireless communications facilities generally depicting all existing and proposed antennas, wireless communications support structures, platforms and finish materials, as well as all other accessory equipment.
(q) 
An inventory of its existing wireless communications facilities or sites approved for wireless communications support structures or antennas within the jurisdiction of the Township.
(r) 
Documentation of compliance with all of the applicable requirements of the Township Code.
L. 
Review of applications for the new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities.
(1) 
Initial review. The Township Committee shall review the application and advise the applicant within 30 days as to whether the Township deems that the application is subject to these or other regulations. If compliance with other subsections are deemed to be required, the applicant shall proceed in accordance with the applicable regulations.
(2) 
Time frame for review. The Township Committee shall review and approve or deny the application within 90 days of receipt. This 90-day period may be extended by mutual agreement of the Township and the applicant.
(3) 
Incomplete applications. The Township Committee may toll the 90-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The 90-day time frame shall begin again upon receipt of the supplemental submission.
(4) 
Subsequent incomplete applications. The Township Committee may thereafter toll the 90-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
(5) 
Complete applications. The Township Committee shall, within the 90-day time frame, approve all complete applications for the construction and/or installation of all wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Township Committee determines that an application fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Township Committee shall advise the applicant to initiate the applicable process.
(6) 
Applications on improper towers. Notwithstanding the foregoing, the Township Committee is not obligated to approve an application for new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, and nonsubstantial changes to non-small wireless facilities on a wireless communications support structure or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.
(7) 
Failure to act. If the Township Committee does not approve or deny an application for the construction and/or installation of all wireless communications facilities that constitute new construction and/or installation of all wireless communications facilities that include new utility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, substantial changes to small wireless facilities, and nonsubstantial changes to non-small wireless facilities within 90 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Township Committee in writing that the review period has expired. Upon the Township Committee's receipt of this notice from the applicant, the application shall be deemed granted.
(8) 
Notwithstanding any other regulation to the contrary, the Township Committee may relax any requirement, at its sole and absolute discretion for any or no reason.
M. 
Application requirements for collocation and nonsubstantial changes to small wireless facilities.
(1) 
An application for collocation and nonsubstantial changes to small wireless facilities shall not be subject to site plan review and shall not require compliance with Subsection J, provided the application meets the following requirements.
(a) 
If collocation to or nonsubstantial change to an existing wireless communications support structure, the existing structure shall have been previously granted all necessary approvals by the appropriate approving authority.
(b) 
The proposed application satisfies the federal and state requirements to meet the standards for collocation.
(c) 
The proposed collocation and/or change complies with the final approval of the wireless communications support structure and all conditions attached thereto and does not create a condition for which variance relief would be required pursuant to N.J.S.A. 40:55D-1 et seq., or any other applicable law, rule, or regulation.
(2) 
Each application shall be limited to a request to construct and/or install a total of 10 wireless communications facilities that constitute collocation and nonsubstantial changes to small wireless facilities.
(3) 
All applications shall be submitted to the Land Use Officer on the proscribed application and checklist form(s) and shall include the following information:
(a) 
A completed application and application checklist.
(b) 
A statement and supporting proofs that the application qualifies under this section.
(c) 
The identity of the owner of the property, structure, and/or building and a copy of the agreement relating to N.J.S.A. 48:3-18.
(d) 
Certification that the applicant possesses the legal authority to collocate and/or change the wireless communications support structure, which may include approvals from the jurisdiction authorizing the initial placement of the wireless communications support structure and transmission equipment.
(e) 
Fully executed indemnification and hold harmless agreements prepared by the Township, which are provided with the application package.
(f) 
A scaled location plan clearly indicating the location, type, and height of the proposed wireless communications facility, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed wireless communications facility and any other structures, topography, parking, and other information as required by the Township Code, or as required by the Township or Board Engineer, to enable comprehensive review of the application.
(g) 
The separation distance from other wireless communications facilities described in the inventory of existing sites shall be shown on an updated location plan or map certified by a licensed engineer or licensed land surveyor. The applicant shall also identify the type of construction of the existing wireless communications support structure(s) and the owner/operator of wireless communications support structure(s).
(h) 
A description of the type and quantity of equipment to be installed and the number and size of any equipment cabinets to be installed.
(i) 
A description of any excavation required.
(j) 
A description of any change in wireless communications support structure height and/or width as a result of the proposed collocation, removal, or replacement.
(k) 
A plan evidencing the development's compliance with the applicable requirements, including, but not limited to, the architecture, aesthetics, color, and use of stealth technology.
(l) 
A written report of the suitability or nonsuitability of the use of existing wireless communications facilities or other structures for services to be provided through the use of the proposed new wireless communications facility, including certification from a structural engineer that the existing utility pole is structurally suitable and safe for small wireless facilities, collocation and/or nonsubstantial change.
(m) 
A report from a qualified expert certifying that the wireless communications facility complies with the latest structural and wind loading requirements as set forth in the requirements as set forth in the International Building Code, New Jersey state edition, as amended, or the applicable New Jersey structural and wind requirements, including a description of the number and type of antennas it is designed to accommodate.
(n) 
A statement by the applicant demonstrating whether construction of the wireless communications facility will accommodate collocation of additional antennas for future users. The statement shall commit the wireless communications support structure owner and successors in interest.
(o) 
Elevations of all proposed wireless communications facilities generally depicting all existing and proposed antennas, wireless communications support structures, platforms, finish materials, as well as all other accessory equipment.
(p) 
An inventory of its existing wireless communications facilities or sites approved for wireless communications support structures or antennas within the jurisdiction of the Township.
(q) 
Documentation of compliance with all of the applicable requirements of the Township Code.
N. 
Review of applications that constitute collocation and nonsubstantial changes to small wireless facilities.
(1) 
Initial review. The Township Committee shall review the application with consultation with the Township Engineer, the Township Attorney, and any other consultants and/or experts deemed necessary to determine whether the application qualifies as a request for collocation, and whether the change proposed is nonsubstantial. The Township Committee shall review the application and advise the applicant within 30 days as to whether Township deems that site plan approval by the Planning Board or compliance with Subsection J are required. If site plan approval or compliance with Subsection J is deemed to be required, the applicant shall proceed in accordance with the applicable regulations.
(2) 
Time frame for review. The Township Committee shall review and approve or deny the application within 60 days of receipt. This 60-day period may be extended by mutual agreement of the Township and the applicant.
(3) 
Incomplete applications. The Township Committee may toll the 60-day time frame by notifying the applicant, within 30 days of receipt of submission of an application, that the application is incomplete. Such notification shall set forth all outstanding information, as well as the applicable Code provision, ordinance, application instruction, or publicly stated procedure requiring the information to be submitted. The 60-day time frame shall begin again upon receipt of the supplemental submission.
(4) 
Subsequent incomplete applications. The Township Committee may thereafter toll the 60-day time frame by notifying the applicant, within 10 days of receipt of the supplemental submission, that the applicant did not provide the information identified in the original notice delineating missing information. Second or subsequent notices of incompleteness may not specify missing documents or information not previously delineated in the original notice of incompleteness.
(5) 
Complete applications. The Township Committee shall, within the 60-day time frame, approve all complete applications for the collocation and nonsubstantial changes to small wireless facilities and that do not otherwise violate applicable health, safety, and other requirements set forth in this section. If the Township Committee determines that an application fails to comply with this section, it shall notify the applicant of same in writing. If applicable, the Township Committee shall advise the applicant to initiate the applicable process.
(6) 
Applications on improper towers. Notwithstanding the foregoing, the Township Committee is not obligated to approve an application for small wireless facilities, collocation, removal, or replacement of equipment on a wireless communications support structure or base station that was constructed or deployed without proper review, was not required to undergo siting review, or does not support transmission equipment that received another form of affirmative state or local regulatory approval.
(7) 
Failure to act. If the Township Committee does not approve or deny an application for collocation and nonsubstantial changes to small wireless facilities within 60 days of receipt of the application or any applicable tolling periods thereafter, the applicant may notify the Township Committee in writing that the review period has expired. Upon the Township Committee's receipt of this notice from the applicant, the application shall be deemed granted.
(8) 
Notwithstanding any other regulation to the contrary, the Township Committee may relax any requirement, at its sole and absolute discretion for any or no reason.
O. 
General requirements for the construction and/or installation of all wireless communications facilities that constitute a new tower and tower-based wireless communications facility, noncollocation, and/or substantial changes to wireless communications facilities.
(1) 
Uniform Construction Code; safety standards; standard of care. Wireless communications facilities shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, foundation, safety, and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute ("ANSI") Code, National Electrical Safety Code, National Electrical Code, the New Jersey Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Township Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any tower-based wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in the Township.
(2) 
Collocation. An application shall not be approved unless the Planning Board finds that the wireless communications equipment cannot be accommodated on an existing or approved structure or building. Any application shall include a comprehensive inventory of all existing towers and other suitable structures within a three-mile radius from the point of the proposed tower, unless the applicant can show to the satisfaction of the Township that a different distance is more reasonable, and shall demonstrate conclusively why an existing tower or other suitable structure cannot be utilized.
(3) 
Wind. Wireless communications support structures shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association and Telecommunications Industry Association.
(4) 
Height. Wireless communications facilities shall be designed at the minimum functional height and shall not exceed a maximum total height of 100 feet, which height shall include all subsequent additions or alterations. All applicants must submit documentation to the Planning Board justifying the total height of the structure.
(5) 
Public safety communications. No wireless communications facilities shall interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(6) 
Maintenance. The following maintenance requirements shall apply:
(a) 
Wireless communications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair;
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of the Township's residents;
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents; and
(d) 
Except in the case of documented emergencies, five-day written notice of any and all maintenance activities shall be provided to the Chief of Police and the Department of Public Works. Written notice of emergencies and documented proof of same shall be provided to the Chief of Police and the Department of Public Works as soon as practicable, but in no case more than 48 hours from the date of emergency.
(7) 
Radio frequency emissions. No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions in excess of the standards and regulations of the FCC, including, but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(8) 
Identification. All wireless communications facilities shall post a notice in a readily visible location identifying the name and phone number of a party to contact in the event of an emergency, subject to approval of the Planning Board.
(9) 
Lighting. Wireless communications facilities shall not be artificially lighted, except as required by law and as may be approved by the Planning Board. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting, demonstrating as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.
(10) 
Appearance and visual compatibility requirements.
(a) 
All wireless communications support structures and facilities shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of the latest stealth technology, including color and camouflaging, architectural treatment, landscaping, and other available means, considering the need to be compatible with neighboring residences and the character of the community. The wireless communications facility shall employ the most current stealth technology available in an effort to appropriately blend into the surrounding environment and minimize aesthetic impact.
(b) 
Any height increases to an existing tower-based wireless communications facility shall require prior approval of the Planning Board. The Planning Board shall have the discretion to deny such requests based upon aesthetic and land use impact, or any other lawful considerations related to the character of the Township.
(c) 
Wireless communications facilities shall be designed structurally, electrically, and in all respects to accommodate both the wireless communications facility applicant's antennas and comparable antennas for future users.
(d) 
Towers shall either maintain a galvanized steel finish or be painted a neutral color, and employ stealth technology so as to reduce visual obtrusiveness.
(e) 
At the wireless communications equipment building, the design of the buildings and related structures shall, to the extent possible, use materials, colors, tenures, screening, and landscaping that will blend the tower facilities to the natural setting and surrounding buildings.
(f) 
All wireless communications support structures shall be designed to preserve cultural and history landmarks, and unique geographic and topographic features. Natural features such as trees, views, natural terrain, open waters, and natural drainage ridge lines shall be preserved whenever possible in locating and designing a tower. Towers shall further be designed and located to minimize impact on open space and Green Acres properties.
(g) 
Any and all buildings or structures relating to the wireless communications support structures shall be located, designed, and screened to blend with the existing natural or building surroundings so as to minimize visual impacts through the use of stealth technology.
(h) 
Any and all buildings or structures relating to the wireless communications support structures shall not contain more than 1,600 square feet of gross floor area or be more than 15 feet in height.
(i) 
Equipment storage buildings or cabinets shall comply with all applicable zoning and building codes.
(j) 
The wireless communications equipment building shall not exceed 10 feet for flat roofs or 15 feet for pitched roofs, which shall have a minimum vertical rise of six inches for every 12 inches of horizontal run, and the building must blend architecturally with any existing building on the property. Pitched roofs shall be permitted only where the applicant is proposing a structure designed to blend with the local architectural context.
(k) 
When a location out of the view from off-tract properties is not possible, appropriate foundation planting shall be provided outside the wireless telecommunications equipment building.
(l) 
Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required:
[1] 
Wireless communications facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences.
[2] 
Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(m) 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived by the approving authority if the goals of this section would be better served thereby. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible.
(n) 
An individual wireless carrier shall not occupy more than 400 square feet of the equipment building.
(11) 
Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(12) 
Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
(13) 
Nonconforming uses. Nonconforming wireless communications facilities which are hereafter damaged or destroyed due to any reason or cause may be repaired and restored at their former location but must otherwise comply with the terms and conditions of the Township Code.
(14) 
Removal. In the event use of a wireless communications facility is planned to be discontinued, the owner shall provide written notice to the Township with its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned based wireless communications facilities or portions of based wireless communications facilities shall be removed as follows.
(a) 
All unused or abandoned wireless communications facilities and accessory facilities shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the Township.
(b) 
If the wireless communications facility and/or accessory facility are not removed within six months of the cessation of operations at a site, or within any longer period approved by the Township, the wireless communications facility and accessory facilities and equipment may be removed by the Township and the cost of removal assessed against the owner.
(c) 
Any unused portions of the wireless communications facilities, including antennas, shall be removed within six months of the time of cessation of operations. The Township must approve all replacements of portions of a tower-based wireless communications facility previously removed.
(15) 
Additional antennas. As a condition of approval for all wireless communications facilities, the applicant shall provide the Township with a written commitment that it will allow other service providers to collocate antennas on the wireless communications facilities where technically and economically feasible. The owner of a tower-based wireless communications facility shall not install any additional antennas without obtaining the prior written approval as required in this section.
(16) 
Environmental. Wireless communications facilities shall comply with all applicable environmental regulations.
(17) 
Visual or land use impact. The Planning Board shall have the discretion to deny an application for the construction or placement of any wireless communications facility based upon visual and/or land use impact.
(18) 
Inspection. The Township shall possess the right to inspect any wireless communications facility to ensure compliance with the provisions of the Township Code or state or federal law. The Township and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(19) 
Setbacks. The following setback requirements shall apply to all towers.
(a) 
Towers must be set back a distance equal to at least 100% of the height of the tower from any adjoining lot line and all nonappurtenant buildings and structures to ensure public safety in the event of a collapse or fall of the tower, provided that distance is no closer than the building setback applicable to the zoning district.
(b) 
Accessory buildings must satisfy the minimum zoning district setback requirements.
(c) 
No tower shall exist within required buffer or conservation easement areas.
(d) 
The lot on which the tower is proposed to be located shall meet all of the minimum lot size and other bulk requirements of the zone in which it is located, except that any increased and more restrictive regulations set forth in this chapter shall apply.
(e) 
Separation. The following separation requirements shall apply to all towers.
[1] 
Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.
[2] 
Towers shall be separated from off-site uses or areas in accordance with the minimum standards established in Table 1.
Table 1
Off-Site Use/Designated Area
Separation Distance2
Single family or duplex residential units1
500 feet or 300% of height of tower, whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which has not expired
500 feet or 300% of height of tower, whichever is greater
Vacant unplatted residentially zoned lands3
500 feet or 200% of height of tower, whichever is greater
Existing multifamily residential units greater than duplex units
500 feet or 200% of height of tower, whichever is greater
Right-of-way of State Highway No. 34
200 feet or 200% of height of tower, whichever is greater
Nonresidentially zoned lands or nonresidential uses
200 feet or 200% of height of tower, whichever is greater
NOTES:
1
Includes modular homes and mobile homes used for living quarters.
2
Separation measured from base of tower to closest building setback line.
3
Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multifamily residentially zoned land greater than a duplex.
(20) 
Separation distance from tower to tower. No tower shall be within 1,500 feet of another tower. Tower separation shall be measured from the base of the tower to the base of the other tower.
(21) 
Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the tower-based wireless communications facility in the minimum coverage amount of $5,000,000 for any one claim and $10,000,000 for any aggregate claim. The insurance policy shall name the Township as an additional insured. The existence of any available and/or applicable insurance shall not waive or release the applicant from the obligations set forth in the required indemnification agreement included in the application.
(22) 
Fence/screen.
(a) 
A security fence having a maximum height of eight feet shall completely surround any tower-based wireless communications facility, guy wires, or any building housing wireless communications facility equipment. The fence shall also be equipped with an appropriate anticlimbing device.
(b) 
An evergreen screen that consists of a hedge, or a row of evergreen trees, shall be located along the perimeter of the security fence.
(c) 
The wireless communications facility applicant shall submit a landscape plan for review and approval by the Township Planning Commission for all proposed screening.
[1] 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from any adjoining property or roadway used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[2] 
In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.
[3] 
Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers located on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.
(23) 
Accessory equipment.
(a) 
Ground-mounted equipment associated to, or connected with, a tower-based wireless communications facility shall be underground. In the event that an applicant can demonstrate that the equipment cannot be located underground to the satisfaction of the Township Engineer, then the ground-mounted equipment shall be screened from public view using stealth technologies, as described above.
(b) 
All utility buildings and accessory structures shall be architecturally designed to blend into the environment in which they are situated and shall meet the minimum setback requirements of the underlying zoning district.
(24) 
Access road. An access road, turnaround space and parking shall be provided to ensure adequate emergency and service access to a tower-based wireless communications facility. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and the cutting of vegetation. Road grades shall closely follow natural contours to assure minimal visual disturbance and minimize soil erosion. Where applicable, the wireless communications facility owner shall present documentation to the Township that the property owner has granted an easement for the proposed facility.
(25) 
Bond. Prior to the issuance of a permit, the owner of a tower-based wireless communications facility outside the ROW shall, at its own cost and expense, obtain from a surety licensed to do business in the state and maintain a bond or other form of security acceptable to the Township Attorney, in an amount of $500,000 to assure the faithful performance of the terms and conditions of the Township Code and as a guarantee that no such installation or equipment exceeds or will exceed the allowable FCC limits for radio frequency emissions and radiation exposure to the general public. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations of this chapter, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township and the bond shall be held and maintained during the entire period of the owner's operation of each wireless communications facility.
(26) 
Indemnification. All applicants shall be required to execute an indemnification agreement in the form required and pursuant to which the owner shall agree to defend, hold harmless, and indemnify the Township, its officers, employees, agents, attorneys, volunteers, and independent contractors to the fullest extent under the law.
(27) 
Removal of abandoned towers. Any tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of the tower and the owner of the property shall remove the same within 90 days of receipt of notice from the Township notifying the owner of such abandonment. Failure to remove an abandoned tower within said 90 days shall be grounds to remove the tower at the owner's expense. Should the Township remove the tower at the owner's expense, all costs associated with the removal, including actual removal costs, all engineering, legal and Township personnel costs, and the cost of public bidding for the contract for removal of the tower, shall be certified by the Township Committee to the Tax Collector. The full cost shall be imposed by the Tax Collector as a lien upon the property to be collected in the same manner as taxes.
P. 
General requirements for new construction and/or installation of all wireless communications facilities that include new small wireless facility poles for the siting of small wireless facilities in the ROW, the collocation of non-small wireless facilities, nonsubstantial changes to non-small wireless facilities, and the collocation of and nonsubstantial changes to small wireless facilities.
(1) 
Time, place and manner. The Township shall determine the time, place, and manner of construction, maintenance, repair, and/or removal of all wireless communications facilities based on public safety, traffic management, physical burden on the ROW, public health, welfare, and safety, and related considerations.
(2) 
Small wireless facilities, collocation, and nonsubstantial changes to wireless communications facilities shall be limited to the placement of wireless communications on utility poles and small wireless facility poles inside the ROW.
(3) 
No small wireless facility poles shall include any visible exterior lighting of any kind.
(4) 
All ROW regulations shall apply to all entities and applicants, regardless of whether the ROW is owned and/or controlled by the county or the state.
(5) 
The collocation of small wireless facilities on utility poles in the ROW, the replacement of utility poles to site small wireless facilities in the ROW, and the construction of new small wireless facility poles in the ROW for the purpose of siting small wireless facilities in the ROW shall not constitute towers or tower-based wireless communications facilities and shall comply with the applicable regulations and the following.
(a) 
No utility poles or small wireless facility poles, inclusive of any and all antennas and equipment, shall exceed 40 feet in height.
(b) 
No new small wireless facility poles constructed for the purpose of siting small wireless facilities in the ROW shall be placed within 300 feet of any other existing utility pole that supports a small wireless facility or any other small wireless facility pole. The Township Committee may relax this requirement, at its sole and absolute discretion for any or no reason, to 200 feet.
(c) 
The siting of new small wireless facility poles shall not be greater than five feet from the point where the shared property line between two properties and the ROW intersect. Small wireless facilities in the ROW may be sited by way of replacement utility poles within 10 feet in nonresidential zones and five feet in residential zones from the point of the preexisting utility pole that shall be replaced. All small wireless facilities, including the foregoing, shall be only permitted in the ROW by co-location on existing utility poles or replacement of existing utility poles in all zones if within 15 feet from the point where the shared property line between two properties and the ROW intersect. In addition, the following regulations shall further apply.
[1] 
No replacement utility pole shall be located closer to any type of residential dwelling than the existing utility pole being replaced.
[2] 
No small wireless facilities of any kind in the ROW, including those installed by new small wireless facility poles, replacement utility poles, and co-location shall be permitted within 25 feet of any type of residential dwelling.
(d) 
Where the applicant has demonstrated that an existing utility pole can be used, the antennas shall be mounted to the existing pole in a manner that preserves the structural integrity and aesthetics of the pole.
(e) 
The replacement of existing utility poles and siting of small wireless facility poles shall comply with all applicable federal, state, and local laws and regulations, including N.J.S.A. 48:17-8.
(f) 
Replacement utility poles shall be fabricated using the same materials as the pole to be replaced, shall be the same diameter, and shall be placed in the same location.
(g) 
Unless otherwise permitted by the Township Committee, at its discretion, new small wireless facility poles shall be fabricated using the same materials as the existing, neighboring utility poles.
(h) 
Panel antennas are not permitted unless the applicant provides evidence that establishes a cylindrical antenna or antennas are not technically feasible.
(i) 
Only one omnidirectional (rod or canister) antenna and four directional antenna panels shall be permitted per utility pole and small wireless facility pole. No omnidirectional antenna shall be permitted to exceed eight feet in height and the width of the pole by more than a total of six inches. No directional antenna panel shall be permitted to exceed two feet in width, eight feet in height, and nine inches deep. No parabolic (disc) antennae shall be permitted on any utility pole or small wireless facility pole.
[1] 
One remote radio head (RRH) or remote radio unit (RRU) shall be permitted on each utility pole or small wireless facility pole. An RRH and RRU are not considered an antenna.
(j) 
The diameter of small wireless facility poles shall be limited to 4.5 feet.
(k) 
Small wireless facility poles shall be set back from curbs, offset from driveways, offset from trees, and shall not be located within 10 feet of any energized line.
(6) 
Except as otherwise provided in this section for small wireless facilities, no wireless communications facilities, including small wireless facilities, shall be located within 300 feet of any other wireless communications facilities.
(7) 
All ground-level cabinets for wireless communications facilities shall comply with the following:
(a) 
No ground-level cabinets shall be permitted in any residential zone.
(b) 
Permitted ground-level cabinets shall:
[1] 
Be less than 28 cubic feet in volume;
[2] 
Not be sited in any sight triangle and shall not inhibit sight at any intersection;
[3] 
Be located greater than 18 inches of the face of a curb; and
[4] 
Allow sufficient room for the public to pass and repass across the ROW and sidewalks.
(8) 
Pole-mounted antennas and cabinets shall comply with the following:
(a) 
Pole-mounted antennas are permitted on utility poles and small wireless facility poles in all zones, provided that each:
[1] 
Does not exceed three cubic feet in volume;
[2] 
Not be sited in any sight triangle and shall not inhibit pedestrian and vehicular sight lines at any intersection; and
[3] 
Allows sufficient room for the public to pass and repass across the ROW and sidewalks.
(b) 
Pole-mounted cabinets are permitted on small wireless facility poles and utility poles, provided that each:
[1] 
Does not exceed 16 cubic feet;
[2] 
Not be sited in any sight triangle and shall not inhibit sight at any intersection;
[3] 
Allows sufficient room for the public to pass and repass across the ROW and sidewalks, does not diminish the usability of the sidewalks, and otherwise does not obstruct, impede, or hinder the usual travel or public safety on the ROW;
[4] 
Is installed at least eight feet above the ground, and, if any wireless facilities or equipment are projecting toward the street or sidewalk, the base of the attachment shall be installed no less than 17 feet above the street or sidewalk;
[5] 
No protrusion from the outer circumference of the pole shall be more than 18 inches;
[6] 
Is limited to a total volume of all installed equipment external to the pole (including, but not limited to, cabinets, vaults, boxes, and antennas) that does not exceed 28 cubic feet, which maximum applies to all equipment installed at the time of the original application and includes any equipment to be installed at a future date.
(9) 
Uniform Construction Code; safety standards; standard of care. Any wireless communications facility shall be designed, constructed, operated, maintained, repaired, modified, and removed in strict compliance with all current applicable technical, safety, and safety-related codes, including, but not limited to, the most recent editions of ANSI, National Electrical Safety Code, National Electrical Code, the state Uniform Construction Code and the applicable standards for towers that are published by the Electronic Industries Association, the Township Code, as well as the accepted and responsible workmanlike industry practices of the National Association of Tower Erectors. Any wireless communications facility shall at all times be kept and maintained in good condition, order, and repair by qualified maintenance and construction personnel, so that the same shall not endanger the life of any person or any property in Township.
(10) 
Wind. Wireless communications facilities shall be designed to withstand the effects of wind according to the standard designed by the American National Standards Institute as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association.
(11) 
Public safety communications. Wireless communications facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.
(12) 
Aviation safety. Wireless communications facilities shall comply with all federal and state laws and regulations concerning aviation safety.
(13) 
Radio frequency emissions or radiation. Wireless communications facilities shall not, by themselves or in conjunction with other wireless communications facilities, generate radio frequency emissions or radiation in excess of the standards and regulations of the FCC, including but not limited to, the FCC Office of Engineering Technology Bulletin 65 entitled "Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields," as amended.
(14) 
Design and new technology. All wireless communications facilities shall comply with the requirements of Chapter 95.
(15) 
Separation; separation distance from wireless communications facilities and antennas. Except as otherwise provided in Subsection P(5)(b) for small wireless facilities, no wireless communications facility or antenna shall be within 300 feet of another. The separation shall be measured from the base of the utility pole and/or small wireless facility pole to the base of the other utility pole and/or small wireless facility pole.
(16) 
Noise. Wireless communications facilities shall be operated and maintained so as not to produce noise in excess of applicable noise standards under state law and the Township Code, except in emergency situations requiring the use of a backup generator, where such noise standards may be exceeded on a temporary basis only.
(17) 
Historic buildings or districts. No wireless communications facility may be located within 150 feet of any building or structure that is listed on either the National or State Register of Historic Places or the official historic structures and/or historic districts list maintained by the Township or has been designated by the Township as being of historic significance.
(18) 
Visual impact and safety. The Township reserves the right to deny an application for the construction or placement of any wireless communications facilities based upon visual and/or land use impact and require design modification as a precondition to approval. No wireless communications facility shall be permitted in any sight triangle or otherwise interfere with sight lines and/or the public health, welfare, and safety.
(19) 
Removal. In the event use of the wireless communications facility is discontinued, the owner shall provide written notice to the Township of its intent to discontinue use and the date when the use shall be discontinued. Unused or abandoned wireless communications facilities or portions of wireless communications facilities shall be removed as follows:
(a) 
All abandoned or unused collocation of and changes to wireless communications facilities and accessory equipment shall be removed within three months of the cessation of operations at the site unless a time extension is approved by the Township;
(b) 
If the wireless communications facilities and accessory equipment are not removed within three months of the cessation of operations at a site, or within any longer period approved by the Township, the wireless communications facilities and/or associated equipment may be removed by the Township and the cost of removal assessed against the owner.
(20) 
Maintenance. The following maintenance requirements shall apply.
(a) 
Wireless communications facilities shall be fully automated and unattended on a daily basis and shall be visited only for maintenance or emergency repair.
(b) 
Such maintenance shall be performed to ensure the upkeep of the facility in order to promote the safety and security of Township's residents.
(c) 
All maintenance activities shall utilize nothing less than the best available technology for preventing failures and accidents.
(d) 
Except in the case of documented emergencies, five-day written notice of any and all maintenance activities shall be provided to the Chief of Police and the Department of Public Works. Written notice of emergencies and documented proof of same shall be provided to the Chief of Police and the Department of Public Works as soon as practicable, but in no case more than 48 hours from the date of emergency.
(21) 
Bond. Upon approval of the application and prior to the issuance of a permit, the owner of each wireless communications facility shall, at its own cost and expense, obtain from a surety licensed to do business in the state and maintain a bond, or other form of security acceptable to the Township Attorney, in an amount of $10,000 for each such wireless communications facility to assure the faithful performance of the terms and conditions of the Township Code and as a guarantee that no such installation or equipment exceeds or will exceed the allowable FCC limits for radio frequency emissions and radiation exposure to the general public. The bond shall provide that the Township may recover from the principal and surety any and all compensatory damages incurred by the Township for violations, after reasonable notice and opportunity to cure. The owner shall file a copy of the bond with the Township, and the bond shall be held and maintained during the entire period of the owner's operation of each wireless communications facility.
(22) 
Inspection. The Township shall possess the right to inspect any wireless communications facility to ensure compliance. The Township and/or its agents shall have the authority to enter the property upon which a wireless communications facility is located at any time, upon reasonable notice to the operator, to ensure such compliance. If, upon inspection, the Township concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(23) 
Insurance requirements. All applicants shall be required to provide proof of and maintain comprehensive general liability insurance covering the wireless communications facility in the minimum coverage amount of $2,000,000 for any one claim and $3,000,000 for any aggregate claim for each wireless communications facility location. The insurance policy shall name the Township as an additional insured. The existence of any available and/or applicable insurance shall not waive or release the applicant from the obligations set forth in the required indemnification agreement included in the application.
(24) 
Indemnification. All applicants shall be required to execute an indemnification agreement in the form required and pursuant to which the owner shall agree to defend, hold harmless, and indemnify the Township, its officers, employees, agents, attorneys, volunteers, and independent contractors to the fullest extent under the law.
Q. 
Relocation or removal of facilities. Within 60 days following written notice from the Township, or such longer period as the Township determines is reasonably necessary or such shorter period in the case of an emergency, an owner of a utility-pole-based wireless communications facility in the ROW shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any wireless communications facility when the Township, consistent with its police powers and applicable regulations, shall determine that such removal, relocation, change, or alteration is reasonably necessary under the following circumstances.
(1) 
The construction, repair, maintenance or installation of any Township or other public improvement in the ROW.
(2) 
The operations of the Township or other governmental entity in the ROW.
(3) 
Vacation of a street or road or the release of a utility easement.
(4) 
An emergency as determined by the Township.
R. 
Existing nonconforming wireless communications facilities. Nonconforming wireless communications facilities, antennas, and/or wireless communications support structures that are damaged or destroyed may not be rebuilt without first obtaining the appropriate approval from the appropriate approving authority and without having to meet the requirements of the Township Code.
S. 
Annual recertification requirements for all wireless communications facilities. All wireless communications facilities shall comply with the following annual recertification requirements:
(1) 
Each year on July 1, the owner shall submit an affidavit which shall list all active wireless communications facilities it owns within the Township by location and certifying the following.
(a) 
The required insurance is maintained and provide a copy of the certificate of insurance per installation.
(b) 
Certify that each wireless communications facility has been inspected for safety and found to be in sound working condition and in compliance with all federal safety regulations concerning radio frequency exposure limits.
(2) 
The Township shall have the right to employ a qualified radio frequency engineer to conduct an annual random test of wireless communications facilities to ensure their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the general public. The cost of such tests shall be paid by the owner of the wireless communications facilities.
(a) 
In the event that such independent tests reveal that a wireless communications facility is emitting radio frequency emissions or radiation in excess of FCC exposure guidelines as they pertain to the general public, the Township shall notify the owner and all residents living within 1,500 feet of the wireless communications facility of the violation, and the owner shall have 48 hours to bring the wireless communications facility into compliance. Failure to bring the wireless communications facility into compliance shall result in the forfeiture of the bond, and the Town shall have the right to:
[1] 
Terminate the approval; and/or
[2] 
Require the removal of such wireless communications facilities in the sole discretion of the Township.
(3) 
The owner shall pay an annual fee set forth in Subsection H(2) per active wireless communications facility.
(4) 
Any wireless communications facility that is no longer in use shall be removed by the owner within 60 days of submission of the annual recertification affidavit, at the owner's expense.
(a) 
Any wireless communications facility that is not removed within 60 days after being listed as no longer in use in the annual recertification affidavit shall be subject to a fine of $100 per day until such installation is removed.
(5) 
Where such annual recertification has not been timely submitted, or equipment no longer in use has not been removed within the required 60-day period, no further applications for wireless communications facilities shall be accepted until such time as the annual recertification has been submitted and all fees and fines paid.
T. 
Nonpermitted installations. Any wireless communications facilities constructed, erected, modified or enhanced prior to the issuance of the required approval set forth in this section shall be removed prior to the submission of an application. No consideration of any application for a wireless communications facility shall be made, and no so-called "shot clock" for approval shall commence, while such unauthorized installations remain.
U. 
Enforcement, violations, and penalties.
(1) 
A separate and distinct violation shall be deemed to be committed each day on which a violation occurs or continues to occur. In addition to an action to enforce any penalty imposed by this section and any other remedy at law or in equity, the Township may apply for an injunction or other appropriate relief at law or in equity to enforce compliance with or restrain violation of any provision of this section.
(2) 
A violation of this section shall be punishable as provided in Chapter 1, Article I, General Penalty.
V. 
Miscellaneous.
(1) 
Police powers. The Township, by granting any permit or taking any other action pursuant to this section, does not waive, reduce, lessen, or impair the lawful police powers vested in the Township under applicable federal, state, and local laws and regulations.
(2) 
Construction. Where the provisions of this section impose greater restrictions or higher standards than those imposed by any other rule, regulation, ordinance, or private agreement, the provisions of this section shall control. In the event of a conflict between the provisions of this section, the provision which is most strict shall apply.

§ 140-145 Retail nurseries (NAICS 44422).

Retail nurseries (NAICS 44422) may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
Minimum lot area shall be no less than two acres.
B. 
No nursery may be located within two miles, measured by driving distance on public roads between nearest property lines, of any other nursery.
C. 
Site plan approval shall be required and any development shall be subject to the following supplemental zoning regulations.
(1) 
All outdoor retail sales and/or outdoor display area shall be designated and dimensioned on the site plan.
(2) 
All outdoor retail sales and/or display areas shall comply with the principal building setbacks for the zone in which the site is located.
(3) 
Outdoor retail sales and/or display areas shall only be permitted as accessory to a principal retail building.
(4) 
All outdoor retail sales and/or display areas shall be adequately illuminated during evening hours.
(5) 
All outdoor retail sales and/or display areas shall be counted towards the permitted building coverage of the site.
(6) 
Vehicle loading and unloading areas shall be provided distinct from the required parking facilities.
(7) 
All outdoor retail sales and/or display areas shall be counted towards the parking requirements for the use.

§ 140-146 Gasoline service stations (NAICS 4471).

Gasoline service stations (NAICS 4471) may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
The location of such facilities shall be limited as follows:
(1) 
The minimum site area shall be 40,000 square feet.
(2) 
The minimum street frontage shall be 300 feet.
(3) 
Distance from public meeting places. No building permit shall be issued if any part of the lot or plot on which such use will be made is situated within a distance of 500 feet measured by a straight line between nearest property lines, of premises on which are located one or more of the following types of buildings.
(a) 
Public, private and parochial schools.
(b) 
Hospitals and nursing homes.
(c) 
Churches and other places of worship.
(d) 
Theaters and assembly halls.
(e) 
Public libraries.
(f) 
Public museums.
(g) 
Lands held by any public corporation for the purposes of erecting thereon any of the institutions listed above or to be used in connection with such uses.
B. 
Site plan approval shall be subject to the following supplemental zoning regulations. The development of such facilities shall be controlled as follows:
(1) 
The minimum floor area shall be at least 1,000 square feet.
(2) 
No pits, racks, lifts or repair work shall be permitted out of doors; no disabled vehicle shall be permitted to remain on the premises for more than two weeks, and no more than four disabled vehicles shall be stored or parked on the premises at one time.
(3) 
No vending machines shall be permitted out of doors.
(4) 
Gasoline pumps shall be located at least 30 feet from any property line.
(5) 
All fuel or similar volatile substances shall be stored underground.
(6) 
No ingress or egress drives shall be located closer than 50 feet to any other drive on the same site or any other property. Such ingress and egress drives shall have a width of at least 20 feet, but not more than 30 feet.
(7) 
No paved areas other than an ingress or egress drive may be located within 10 feet of any property line.
(8) 
All unpaved areas of the site shall be graded and planted with grass, shrubs or trees.
(9) 
No building shall be erected nearer than 50 feet to any street line nor nearer than 20 feet to any side or rear property line.
(10) 
The minimum unoccupied open space shall be 30% of the lot area.
(11) 
The maximum lot coverage shall be 10% of the lot area.
(12) 
The operation of such facilities shall be limited as follows:
(a) 
No body or fender repairs shall be permitted on any part of the premises.
(b) 
No motor vehicles, trailers or boats for sale or lease shall be parked, stored or displayed on any pat of the premises.
(c) 
No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment.
(d) 
Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or antifreeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.
C. 
Gasoline service stations located in the HB-80 or HB-120 Zones which are operated as a dual use with a fast-food convenience store shall be subject to the following supplemental conditions which must be satisfied in order for a conditional use permit to be issued:
[Added 6-19-2001 by Ord. No. 26-2001]
(1) 
The minimum lot area for a combined fast-food convenience store/gasoline service station shall be 60,000 square feet.
(2) 
The maximum size of the fast-food convenience store operated in conjunction with a gasoline service station shall be 2,400 square feet of gross floor area.
(3) 
The gasoline service station shall be limited in size to four multiple dispensing units and eight fueling points.
(4) 
The minimum required front yard setback shall be increased to 75 feet in the HB-80 Zone and 100 feet in the HB-120 Zone.
(5) 
No drive-through facilities shall be permitted for combined gasoline service station/fast-food convenience store operations.

§ 140-147 Motor vehicle dealers, new and used (NAICS 4411), boat dealers (NAICS 441222), recreational vehicle dealers (NAICS 44121), and motorcycle dealers (NAICS 44121).

Motor vehicle, boat, recreational vehicle and motorcycle dealerships may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
New or used automobiles, or new or used boats, trailers, campers or other types of drawn or propelled vehicles on display for sale or awaiting delivery are permitted only where accessory to the sale of new vehicles through the use of showroom displays and where no less than 50% of the automobiles, boats, trailers, or other vehicles for sale stored on site are new vehicles.
[Amended 6-9-1999 by Ord. No. 13-1999]
B. 
All display and storage is to be conducted on the same lot as the principal use and not closer than 25 feet to any street line.
C. 
In no event shall any premises used as a sales or showroom display center be located within two miles of any such other sales or showroom display center, measured by driving distance on public roads between the nearest property lines. This subsection shall not apply to any sales or showroom display center for which a certificate of occupancy was issued prior to January 1, 2001.
[Amended 5-9-2001 by Ord. No. 12-2001]
D. 
Site plan approval shall be required and any development shall be subject to the following supplemental zoning regulations:
(1) 
The vehicles shall be stored on paved parking areas constructed in accordance with the standards established in the chapter.
(2) 
Parking areas for employees and customers shall be separate and distinct from vehicle and display areas and shall be so noted on a site plan.
(3) 
No vehicle may be stored or displayed on a surface not specifically noted as such on an approved site plan.
(4) 
An on-site truck loading area not less than 15 feet by 50 feet shall be provided and have adequate access to drive aisles and an ingress/egress outlet.
(5) 
No vehicles may be unloaded from an off-site location.

§ 140-148 Hotels, excluding motels, cabins (NAICS 7211), hotel/convention centers.

Hotels, and similar commercial establishments providing transient lodging or lodging and meals for the general public may be permitted in specified districts only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A. 
The site shall have direct access to a primary arterial road as designated in the Master Plan or, where the site is part of an approved or proposed planned commercial development, the local road network shall have direct access to a primary arterial road as designated in the Master Plan.
[Amended 10-13-2004 by Ord. No. 25-2004]
B. 
The minimum site area shall be five acres.
C. 
The minimum street frontage shall be 300 feet on any one street.
D. 
The height of buildings may be increased to 80 feet provided no part of the structure shall be closer to any property line than a distance equal to its height at that point.
E. 
A hotel shall be permitted only when:
(1) 
It contains 100 or more rooms or suites used, rented out or hired for sleeping and living purposes by guests; and
[Amended 3-8-2006 by Ord. No. 4-2006]
(2) 
Where only a general kitchen and dining room, banquet room and/or ancillary facilities, such as a swimming pool and guest service facilities, are provided within the building but where separate kitchen facilities are not permitted in each individual room.
(3) 
When multiple living suites are located within two or more detached buildings in an extended-stay hotel, the suites may contain kitchen facilities, subject, however, to the following:
[Added 3-8-2006 by Ord. No. 4-2006]
(a) 
The facility shall be operated, maintained and advertised as an extended-stay hotel and shall not be maintained, operated, used or advertised as an apartment complex or facility.
(b) 
The facility shall contain a central lobby; a hotel reception desk that is open and staffed at all times; and a restaurant.
(c) 
Such additional detached ancillary buildings and structures in the facility may include, but are not limited to, pools, spas, guest services, health club amenities, other recreation facilities and business offices.
F. 
A hotel may include accessory retail shops and other personal services for the convenience of its guests, provided that the total floor area devoted to such usage does not exceed 500 square feet and external signage does not give evidence to the existence of such accessory shops.
G. 
A hotel may include accessory eating, drinking and entertainment establishments, provided that they are wholly contained within the principal building and are accessed through a main entry foyer shared by the hotel.
H. 
Site plan approval shall be subject to the following supplemental zoning regulations:
(1) 
All buildings permitted by this section shall be set no closer than 75 feet to a front property line, 30 feet to a side property line and 35 feet to a rear property line.
(2) 
A minimum planted buffer area of 25 feet be provided along all side and rear property lines except that when the hotel site borders a residential zone or use, a buffer area of 50 feet shall be provided along the property line adjacent to the residential zone or use. Such buffer areas shall be planted of conifers and other plant materials and shall conform to the requirements of the Zoning Ordinance so as to create a visual screen to hotel rooms, pools and exterior patios and other meeting or public congregation areas.
(3) 
A fire safety plan for evaluation of hotel guests and employees shall be included with the site plan for review and approval by the Hearing Board and Fire Subcode Official.
(4) 
A security plan shall be included with the site plan for review and approval by the hearing board and the Police Chief.
(5) 
Preliminary architectural and floor plans shall be included for review and approval by the hearing board and shall include all proposed uses, and sound, light and visual protection details for all lodging areas. Elevations and architectural details shall show the type of structure(s), facade design, exterior fabric material proposed and the design compatibility with area structures. Floor plans shall reflect the design layout and uses for all proposed floors.

§ 140-149 Automotive repair shops, excluding NAICS 81121body shops (NAICS 8111).

An automotive repair shop may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
The location of such facilities shall be limited as follows:
(1) 
Automotive repair shops shall be located on a lot with an area of not less than 40,000 square feet with a minimum frontage of 200 feet on one street.
(2) 
No automotive repair shop shall be located within 500 feet of any public entrance to a place of worship, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the center line of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the repair garage lot.
B. 
Site plan approval shall be subject to the following supplemental zoning regulations. The development of such facilities shall be controlled as follows:
(1) 
A buffer not less than 35 feet in depth shall be established adjacent to any residential zone or property.
(2) 
No outdoor oil drainage pits or hydraulic lifts shall be permitted.
(3) 
All motor vehicles awaiting repair or under repair which are stored out of doors shall be shall be kept in a designated screened from public by a solid fence and/or evergreen plantings as required by the Planning Board.
(4) 
The maximum lot building coverage shall be 20% of the lot area.
(5) 
The minimum unoccupied open space shall be 30% of the lot area.
(6) 
The operation of such facilities shall be limited as follows:
(a) 
Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts or partially dismantled motor vehicle may be stored out of doors.
(b) 
No motor vehicle awaiting repair or under repair may be stored in a required parking area. A designated outdoor storage area conforming with the outdoor storage requirements of this chapter shall be established.
(c) 
Only motor vehicles awaiting repair may be stored on the site.

§ 140-150 Body shops (NAICS 81121) and miscellaneous repair services (NAICS 811).

Miscellaneous repair services may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
The location of repair services shall be limited to a lot with an area of not less than 40,000 square feet with a minimum frontage of 200 feet on one street.
B. 
Site plan approval shall be subject to the following supplemental zoning regulations. The development of such facilities shall be controlled as follows:
(1) 
A buffer not less than 35 feet in depth shall be established adjacent to any residential zone or property.
(2) 
The maximum lot building coverage shall be 20% of the lot area.
(3) 
The minimum unoccupied open space shall be 30% of the lot area.
(4) 
All repair work shall be performed in a fully enclosed building. No parts or partially dismantled equipment may be stored out of doors.
(5) 
No equipment or materials may be stored out of doors.

§ 140-151 Public and private golf courses (NAICS 71391).

Golf courses and country clubs may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
The site shall have direct access to a road classified as a secondary arterial or collector road by the Township of Wall Master Plan.
B. 
The course shall be located on a site of not less than 50 acres.
C. 
The operation of the golf course shall be restricted to daylight hours and shall not include what are commonly known as golf driving ranges, miniature golf course, or pitch and put golf courses.
D. 
The course shall provide a minimum playing distance of 2,500 yards from the first tee to the last green.
E. 
No building shall be erected nearer than 100 feet to any property line.
F. 
The operation may include, in addition to a clubhouse and other buildings normally accessory to a golf course operation, a restaurant under the following additional conditions.
(1) 
Restaurants may be open to the general public but must be operated under the same ownership as the golf course.
(2) 
The design and location of any restaurant constructed in conjunction with a golf course shall be such that the restaurant will blend harmoniously with the golf course and the area in which the golf course is situated.
(3) 
No restaurant may be opened for operation prior to the completion of the construction of the golf course.

§ 140-152 Nursing and personal care facilities (NAICS 62311).

Nursing and personal care facilities may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
The minimum site area shall be three acres and the minimum frontage shall be 250 feet.
B. 
The site shall have direct access to a secondary arterial road as indicated on the Township of Wall Master Plan as amended.
C. 
No nursing or personal care facilities shall be located nearer than 500 feet to any gasoline filling station measured by a straight line between nearest property lines.
D. 
Site plan approval shall be subject to the following supplemental zoning regulations.:
(1) 
No vehicular access shall be permitted onto any road not classified as a collector or arterial road in the Township of Wall Master Plan as amended.
(2) 
No building shall be located nearer than 100 feet to any property line; and further provided that for every foot in height by which a building exceeds the height limit of the zone in which it is located, the building shall be set back one additional foot from any adjoining residential property line.
(3) 
Nursing homes shall not exceed two stories in height.
(4) 
Maximum site coverage shall be 20%.
(5) 
A fifty-foot deep buffer strip shall be provided along the entire perimeter.

§ 140-153 Public, private or parochial schools (NAICS 61111).

Public, private or parochial schools, including institutions of higher learning, may be permitted in specified zones only upon receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A. 
The use shall constitute a customary educational facility.
B. 
The proposed school shall meet the minimum standards of the New Jersey Department of Education.
C. 
Convents, social halls and similar uses which are accessory to the educational use shall be permitted on site or on a property within 200 feet.
D. 
A school site must have direct access only on existing or proposed secondary arterial or collector road as indicated on the Township of Wall Master Plan.
E. 
Elementary schools shall have a minimum lot area of five acres plus one acre for each 25 students or fraction thereof.
F. 
Secondary schools shall have a minimum lot area of 10 acres plus one acre for each 25 students or fraction thereof.
G. 
Nursery schools serving more than 25 children shall have a minimum lot area of three acres plus one acre for each 25 children or fraction thereof.
H. 
Nursery schools serving more than five but not more than 25 children shall have a minimum lot area of one acre.
I. 
No elementary or secondary school building shall be located nearer than 100 feet to any property line.
J. 
No nursery school building shall be located nearer than 25 feet to any interior lot line or located nearer than 50 feet to any street line.
K. 
No play area shall be located nearer than 50 feet to any adjoining residential property.
L. 
The minimum street frontage shall be 500 feet.
M. 
No school premises shall be located nearer than 500 feet to any gasoline filling station measured by a straight line between nearest property lines.
N. 
Site plan approval shall be subject to the following supplemental zoning regulations.
(1) 
Educational uses shall be screened from adjacent residential zones or existing residences adjacent to the site in accordance with the provisions of this chapter and/or shall provide fencing along such property lines as may be deemed adequate by the Planning Board.
(2) 
Minimum unoccupied open space shall be 35%.

§ 140-154 Child day-care services (NAICS 62441).

Child day-care services may be permitted in specified zones only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards are met:
A. 
Any child-care facility shall be licensed by the New Jersey Division of Youth and Family Services.
B. 
Any child-care facility associated with an office or plaza shall be contained within the principal structure and may not be freestanding.
C. 
Site plan approval shall be subject to the following supplemental zoning regulations:
(1) 
Any facility shall have at least one exit which shall discharge into an open area having a minimum dimension of 15 feet and a minimum area of 50 square feet per child.
(2) 
All child care facilities shall provide adequate on-site parking conforming with the following standards:
(a) 
Parking shall be provided in an amount which shall be the greater of one space for each 700 square feet of gross floor area or one space for each employee plus one space for each 10 children.
(b) 
A dropoff area for two cars shall be provided with a staging area sufficient to accommodate one waiting car for the greater of each 700 square feet of gross floor area or each 10 children.
(3) 
All child-care facilities shall provide an on-site outdoor play area conforming with the following standards:
(a) 
Play areas shall occupy an area which shall be the greater of 50% of the gross floor area or 200 square feet per child. A portion of the play area shall be covered, the minimum area of which shall be the greater of 40% of the gross floor area or 20 square feet per child.
(b) 
Play areas shall be enclosed by a fence or having a height of not less four feet.
(c) 
Areas containing more than two pieces of play equipment shall be visually screened from adjoining residential properties.
(d) 
When adjacent to residential properties, usage of play areas shall be limited to between the hours of 9:00 a.m. and 5:00 p.m.
(e) 
Play areas shall not be located where concentrations of carbon monoxide equals or exceeds 10 mg/m3.

§ 140-155 Special trade contractors; plumbing, heating, air-conditioning and solar system contractors (NAICS 23511).

[Added 6-8-2005 by Ord. No. 18-2005; 7-13-2011 by Ord. No. 18-2011; 9-14-2011 by Ord. No. 22-2011; 6-28-2017 by Ord. No. 5-2017; 9-25-2019 by Ord. No. 14-2019]
Special trade contractors; plumbing, heating, air-conditioning, and solar system contractors involving the installation, servicing and selling of heating and air-conditioning appliances and solar systems may be permitted in the OP-2, OR-2, or OR-5 Zones as set forth in the Schedule of Permitted and Conditional Uses[1] only upon receipt of a conditional use permit.
A. 
The minimum size of the building in which the use is located shall be 20,000 square feet.
B. 
A minimum of 30% of the building shall be devoted to office space. In the case of partial building occupancy, 30% of the space designated for the use (NAICS 23511) shall be devoted to office space ancillary to that use.
C. 
The on-site storage of service vehicles shall be limited to no more than 25% of the parking spaces required by this chapter. The service vehicles to be stored on site shall be limited to vans of no more than 19 feet in length.
D. 
The service vehicles stored on the site shall not be visible from any public street. Landscaping and buffers shall be supplemented to provide year-round screening of the area in which service vehicles are to be parked or stored.
E. 
Compliance with all Wall Township sign regulations pursuant to Article XXIX, Signs and Billboards, § 140-219 et seq.
[1]
Editor’s Note: The Schedule of Permitted and Conditional Uses is included as an attachment to this chapter.

§ 140-156 Membership organizations (NAICS 813).

[Amended 6-12-2002 by Ord. No. 24-2002; 11-13-2002 by Ord. No. 46-2002; 12-11-2024 by Ord. No. 20-2024]
Organizations that establish, organize, and promote religious activities; support causes through grantmaking; advocate for various social and political causes; and/or promote and defend the interests of their members may be permitted in specified zones only upon receipt of a conditional use permit.
A. 
In the NB Zone only, a conditional use permit shall be granted, provided that the following standards and specifications are met:
(1) 
The design of the site, including but not limited to accessory parking areas (§ 140-214-218) are required to be consistent with the surrounding developed character; and that buffers (§ 140-212) are provided to appropriately buffer the use and ensure an attractive appearance.
(2) 
The Schedule of Zone Requirements as set forth in the zone in which it is located per Chapter 140 Attachment 1, are adhered to, that such use will not be detrimental to the surrounding property character.
(3) 
Accessory uses and structures.
(a) 
Accessory activities that occur more frequently than four times per year shall be expressly authorized only after the ability to provide adequate parking has been demonstrated to the board's satisfaction.
(b) 
Permitted outdoor accessory structures and uses. Activities associated with the principal and accessory uses of the property shall primarily and routinely occur indoors. The following outdoor accessory structures and uses shall be permitted in accordance with the following standards:
[1] 
Storage buildings and garages. All materials stored outdoors shall be contained in a garage structure. The structure shall match the architecture and building materials of the principal building. No storage and garage structure shall exceed 2,500 square feet and 20 feet in height. The area of such buildings shall be included in the calculation of the building coverage. The setbacks for such buildings shall be the same as those for principal buildings. Accessory buildings shall be buffered from adjacent properties through vegetative plantings and, where appropriate, with fencing.
[2] 
Playgrounds and athletic fields and courts. These accessory uses shall not be lighted for nighttime use. The setbacks for such buildings shall be same as those for principal buildings. Such uses shall be buffered from adjacent properties through vegetative plantings and, where appropriate, with fencing.
[3] 
Additional buildings and structures that are incidental and necessary for the effective operation of the principal use shall be permitted upon board review and approval.
[4] 
Permanent amphitheaters or stages shall not be permitted.
[5] 
Outdoor speakers or sound systems shall not be permitted.

§ 140-156.1 Religious organizations (NAICS 81311).

[Added 12-11-2024 by Ord. No. 20-2024]
Establishments primarily engaged in operating religious organizations may be permitted in specified zones only upon receipt of a conditional use permit.
A. 
In the R-60, R-R, and RR-6 Zones only, a conditional use permit shall be granted, provided that the following standards and specifications are met:
(1) 
The site shall have direct access to a street classified as a collector or secondary arterial road in the Township of Wall Master Plan.
(2) 
The Schedule of Zone Requirements as set forth in the zone in which it is located per Chapter 140 Attachment 1, are adhered to, that such use will not be detrimental to the surrounding property character.
(3) 
No educational services shall be permitted.
(4) 
No day care services shall be permitted.
(5) 
No arts, entertainment, or recreational services shall be permitted.
(6) 
No food preparation, food storage, or distribution shall be permitted.
(7) 
The only spaces permitted within the structure shall be sanctuary space, restroom facilities, group discussion space, and administrative office accessory to the religious organization.
(a) 
Group discussion space and administrative offices shall be limited to the following:
[1] 
A maximum of 200 square feet for each individual office space with a maximum cumulative total of 1,200 square feet.
[2] 
A maximum of 400 square feet for each individual group discussion space with a maximum cumulative total of 1,200 square feet.
(b) 
Non-religious activities can only take place between the hours of 8:00 am and 5:00 pm. For purposes of this § 140-156.1A(7) religious activity is defined as (i) any event or activity that is an exercise of religion, whether or not compelled by, or central to, a system of religious belief; (ii) formal acts of worship or practice within a specific faith involving prescribed rituals, ceremonies, prayers, and symbolic gestures; and (iii) events and activities with symbolic meaning performed within a religious context to express beliefs.
(c) 
Community group discussion.
(d) 
Administrative office.

§ 140-157 Home professional office.

Home professional occupation as defined in this chapter may be permitted in any residential zone only upon receipt of a conditional use permit and provided that the following standards are met, together with any other reasonable requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A. 
The home professional office shall be carried on entirely within the principal building and shall under no circumstances utilize an area exceeding 25% of the total habitable floor area of the principal building, or 1,500 square feet, whichever is less.
B. 
No such home professional office shall require any exterior alterations of the principal building.
C. 
The office shall be located on a lot of not less than one acre in size and shall be no closer than 200 feet to an adjoining residential property.
D. 
There shall be no exterior evidence of said home professional office whether visual or audible, or detectable by human sense of smell or sense of feeling except that one small nameplate sign may be displayed in the front yard, such sign shall not exceed two square feet in area on any one side; and such sign may be illuminated only by a nonflashing incandescent or fluorescent light of sufficient wattage to illuminate only the fact of the sign.
E. 
Any off-street parking area necessary to serve the home professional office shall be located in a side or rear yard and shall be screened from adjacent properties by a densely planted evergreen hedge at least five feet in height. No such parking area shall be located closer than five feet to any property line nor nearer to any public street than the established building setback line.
F. 
Since the basic interest of this section is to prevent the commercialization of residential zones, while still permitting small home offices, it shall be understood as a condition of approval of a conditional use permit for a home professional office that a violation of the requirements of this section shall be grounds for the revocation of the conditional use permit and that the home professional office must be abandoned or relocated within a commercial zone within a period not exceeding six months from the receipt of written notice from the Planning Board that the conditional use permit has been revoked.

§ 140-158 Special trade contractors (NAICS 235).

Special trade contractors as defined in this chapter shall be permitted in the HB-20 and the HB-40 Zones only upon receipt of a conditional use permit and provided that the following standards are met, together with any other reasonable requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter:
A. 
All equipment and materials used or stored in relation to the contractor's operation shall be kept indoors at all times. There shall be no outdoor display or storage of any equipment or materials.
B. 
Parking of all vehicles used in the contractor's operation shall be in an area specially designated for this purpose on a site plan and demarcated at the site. The area shall be separated and distinct from any required customer and employee parking on site pursuant to this chapter and shall not diminish the number of such spaces nor access to them.
C. 
No vehicles longer than 19 feet in length or having more than two axles or taller than 10 feet in height may be stored or parked on site.

§ 140-159 Miscellaneous products of petroleum and coal lubricating oils and greases (NAICS 324191).

Establishments primarily engaged in blending, compounding and re-refining of lubricating oils and greases from purchased materials shall be permitted in GI-10 Zone only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A. 
The location of such facilities shall be limited as follows:
(1) 
The minimum site area shall be 25 acres.
(2) 
The minimum setback from any side or rear property line shall be 75 feet.
(3) 
A minimum buffer as defined herein of 150 feet shall provided where the property line of the site abuts a residential zone or a with an existing residential use.
(4) 
A minimum buffer of 50 feet shall be required where the forms the zone boundary between the site and a residential zone.
(5) 
No building used for the manufacturing or storage of the manufactured product shall be located within 250 feet of any property line adjacent to a residential use or zone or adjacent to a street which forms the boundary of the site with a residential zone.
B. 
In the case of natural woodlands, the buffer may be natural vegetation. In addition, further plantings shall be provided should the Planning Board deem the same necessary to provide effective buffering.
C. 
For office buildings, parking and other structures not directly associated with the manufacture or storage of the manufactured product, the general setback requirements of the GI-10 Zone shall apply; provided, however, that the required buffer, as required herein, is supplied.
D. 
The following uses shall be permitted only as an accessory to the principal permitted use, and shall be limited to the manufacture, mixing or blending of the following industrial organic chemicals:
(1) 
Fatty acid esters and amines.
(2) 
Hydraulic fluids, synthetic base.
(3) 
Metallic salts of acyclic organic chemicals.
(4) 
Metallic stearates.
(5) 
Oxalic acid and metallic salts.
(6) 
Plasticizers, organic, cyclic and acyclic.
(7) 
Silicones.
(8) 
Sodium acetate.
(9) 
Solvents, organic.
(10) 
Sorbitol.
(11) 
Stearic acid salts.

§ 140-160 Motion-picture theaters, except drive-ins (NAICS 512131).

[Added 2-9-2000 by Ord. No. 2-2000][1]
Motion-picture theaters shall be permitted in the HB-200 Zone only upon the receipt of a conditional use permit. A conditional use permit shall be granted, provided that the following standards and specifications are met:
A. 
The location of such facilities shall be limited as follows:
(1) 
The minimum site area shall be 15 acres.
(2) 
The minimum setback from any side or rear property line shall be 75 feet.
(3) 
A minimum buffer as defined herein of 100 feet shall be provided where a property line of the site abuts a residential zone or a property with an existing residential use.
B. 
The site shall have direct access to a state highway, and no access or egress shall be provided on any local or county roadway.
[1]
Editor's Note: Original Section 14-405.2c(19), Assisted Living Facilities (NAICS 623312), and the accompanying amendment to the Schedule of Permitted and Conditional Uses, was repealed 1-27-1999 by Ord. No. 1-2001

§ 140-161 Drinking establishments with live entertainment (NAICS 72241). [1]

[Added 4-4-2012 by Ord. No. 7-2012]
Drinking establishments that provide live entertainment shall be permitted only upon the receipt of a conditional use permit and provided the following standards are met, along with any other reasonable requirements deemed necessary by the Planning Board and any other applicable requirements of this chapter.
A. 
Such establishments shall provide year-round continuous vegetative landscape screening to all adjacent properties in the form of evergreen trees and shrubs that are no less than six feet in height at the time of planting. All such plantings shall be maintained in a healthy condition and shall provide continuous screening to adjacent properties.
B. 
No such establishment shall be located within 250 feet of a residential zone district or a property used and/or occupied for residential purposes.
C. 
A solid-view six-foot-high fence shall be required inside of the planting perimeter and shall be properly maintained.
D. 
One freestanding sign no more than 40 square feet shall be permitted such that its maximum height shall be 10 feet above ground level and shall have setbacks as follows:
(1) 
Front yard: 10 feet.
(2) 
Side and rear yards: 20 feet.
[1]
Editor's Note: Former § 140-161, Age-restricted multifamily housing, added 6-12-2002 by Ord. No. 20-2002, amended 2-12-2003 by Ord. No. 4-2003, was repealed 8-10-2005 by Ord. No. 28-2005.

§ 140-162 Dwelling for public or private golf course (NAICS 71391) caretaker/superintendent.

[Added 6-12-2002 by Ord. No. 21-2002]
One dwelling for the caretaker of record may be permitted per golf course as a conditional use, provided that the following standards are met:
A. 
For safety purposes, the dwelling shall be located within 1,000 feet of a public roadway and adequate fire and other emergency access to the dwelling shall be provided. The Planning Board, with input from the Township Fire Official, shall determine the appropriateness of a dwelling's location and adequacy of access to same.
B. 
The dwelling shall be constructed, maintained and occupied as a single-family unit, shall be subject to applicable residential building codes, and shall not exceed 2,100 square feet in total floor area.
C. 
No outdoor storage of any kind shall be permitted as accessory to the dwelling.
D. 
The dwelling shall be located on the same tax lot as the principal golf course use and shall not be subsequently subdivided from the golf course lot or sold, rented or otherwise occupied other than as the residence for the on-site golf course caretaker.

§ 140-163 Uses, structures and vegetation in Airport Safety Zone.

[Amended 4-8-2009 by Ord. No. 8-2009]
All uses, structures, objects and vegetation proposed to be located within the Airport Safety Zones of Allaire Airport (Monmouth Executive Airport) within the Township of Wall shall comply with all regulations promulgated pursuant to N.J.S.A. 6:1-80, 6:1-84 and 6:1-85 et seq. and as may be amended (Air Safety and Zone Act) and N.J.A.C. 16-62 et seq. and as may be amended (Air Safety and Zoning) as required.

§ 140-164 Accessory use restrictions.

[Amended 8-11-1999 by Ord. No. 23-1999; 10-22-2014 by Ord. No. 21-2014; 5-26-2026 by Ord. No. 10-2026]
Accessory uses and activities shall be permitted in conjunction with and subject to the requirements applicable to related principal uses. Accessory uses are expressly subject to the performance standards[1] and shall be subject to such further restrictions as follows.
A. 
Outdoor storage and display.
(1) 
Solid waste and recyclable storage.[2]
(a) 
Solid wastes and recyclables from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers. Such receptacles shall not be stored or placed within any front yard prior to the time at which materials are permitted to be placed at the curblines for collection. If stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing.
(b) 
Other outdoor storage areas for solid wastes and recyclables shall be enclosed by a wall constructed of masonry and finished to match the principal building's finish not less than six feet in height and shall be located in a rear yard area only.
[2]
Editor's Note: See Ch. 191, Solid Waste.
(2) 
Nonresidential outdoor storage areas for the loading, storage, or display of materials, goods, or heavy equipment and vehicles, including the storage of passenger vehicles awaiting repair or service.
(a) 
All such areas shall be delineated on an approved site plan.
(b) 
All such areas shall be paved in accordance with this chapter.
(c) 
All such areas shall be separated from off-street parking and designed to discourage the use of parking areas by truck traffic.
(d) 
Any such areas which are illuminated shall have lighting fixtures designed so that no glare or beam is directed towards any adjoining property, public street or dwelling windows.
(e) 
All outdoor storage shall be screened from view from any public street.
(f) 
All materials stored out of doors shall be arranged in an orderly and safe manner.
(g) 
All such areas shall be subject to the following additional restrictions:
[1] 
Loading and delivery areas shall be located at the side or rear of the structure and shall be visually screened from neighboring properties and public streets.
[2] 
Warehouses, trucking terminals, contractors' yards or other uses involved in outdoor storage or the utilization of heavy equipment or vehicles such as trucks, vans or trailers shall confine storage to designated areas. No such storage shall occur and no area surfaced for such use shall be located within 100 feet of any street line or within 50 feet of any side property line, or within 75 feet of any rear property line, and in no case within 100 feet of any residential zone or property.
[3] 
Uses involved in outdoor storage or display of passenger vehicles, motorcycles, recreational vehicles, boats or nursery stock shall confine storage and display to designated areas. No such storage shall occur and no area surfaced for such use shall be located within 25 feet of any street line or side property line, or within 50 feet of any rear property line, and in no case within 75 feet of any residential zone or property. Outdoor display areas shall be separated from public rights-of-way by a low level screen at least two feet high in the form of a decorative wall or evergreen plantings.
(3) 
Nonresidential outdoor displays.
(a) 
Outdoor displays in nonresidential zones shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefore by the Township. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out of doors shall not be permitted in any zoning district within the Township. Outdoor displays should comply with the following regulations:
[1] 
Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. No business shall hold more than five such sales per year nor shall any one sale exceed one week in duration. Such displays or sales shall be in accordance with a permit issued by the Zoning Officer.
[2] 
Temporary flea markets and sales operated by nonprofit groups such as places of worship may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. No nonprofit group shall hold more than five such sales per year nor shall any one sale exceed one week in duration. Such displays or sales shall be in accordance with a permit issued by the Zoning Officer.
(b) 
Coin-operated vending machines shall not be located further than two feet from a related business structure.
(c) 
Goods for sale or displayed shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales, and shall not block pedestrian access, fire lanes or parking facilities. Such display or sales shall be in accordance with a permit issued by the Zoning Officer.
(d) 
Seasonal sales of Christmas trees may be conducted by commercial establishments in the primary business of selling nursery stock or operating a Christmas tree farm. The temporary sale of Christmas trees by nonprofit organizations shall be permitted in nonresidential zones and on property owned by the organization in accordance with a permit issued by the zoning officer, beginning the day after Thanksgiving through the month of December. No such permit shall be issued unless adequate off-street parking and maneuvering space for vehicles of customers can be provided and unless it can be demonstrated that the temporary use will not interfere with other uses on the site. Each such temporary, use shall be permitted to have one freestanding sign, no larger than 12 square feet in area, no closer to any property line than 10 feet, and not exceeding six feet in height. All signs and other materials or equipment used in connection with such temporary sales shall be removed from the property on which the sales are being conducted no later than January 2.
(4) 
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties, provided that:
(a) 
Only one such travel trailer or camper, or one small boat shall be permitted to be stored outdoors at any single-family residence, provided that a minimum of two off-street passenger vehicular parking spaces are provided and remain available for that purpose on the property in addition to the space that is being utilized for the unoccupied recreational vehicle, motor home, travel trailer, camper or small boat.
(b) 
Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
(c) 
Permanent or temporary overnight occupancy or use of trailer, travel trailer, motor home, boat or recreational vehicle is not permitted in any zone.
(d) 
Such storage shall be in a side or rear yard area except that the Zoning Officer may allow other on-site storage where it is not feasible to store in a side or rear yard but only when the two additional parking spaces are provided as required in § 140-164A(4)(a).
(e) 
No storage shall be permitted on a public road.
(f) 
Stored items shall be kept in good repair, and, if applicable, be validly registered by the New Jersey Department of Motor Vehicles.
(g) 
The storage size of the recreational vehicle, motor home, travel trailer, camper or small boat shall not exceed the following limitations:
[1] 
Small boat: 28 feet in length and eight feet in width.
[2] 
Recreational vehicle, motor home, travel trailer, or camper: in the closed position only and no more than 45 feet in length and eight feet in width. The dimensions shall not include any expandable options such as sliding sections that can increase the width and/or length of a motor home when in use.
(5) 
Construction trailers, upon the approval of the Land Use Officer, may be parked on premises in any zone after issuance of a building permit for and during the construction of the principal structure thereon, but shall be removed prior to the issuance of the certificate of occupancy for the principal structure in residential zones and within 30 dates of the issuance of the certificate of occupancy for the principal structure in all other zones.
(6) 
Commercial vehicle storage.
(a) 
No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of 10,000 pounds or having more than two axles, or within excess of 19 feet in length shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site for which a permit has been issued.
(b) 
Not more than one motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 10,000 pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.
B. 
Agricultural accessory businesses. Agricultural accessory businesses intended to supplement farm income are permitted as accessory to active agricultural uses subject to the following restrictions:
(1) 
Such businesses shall involve only the sale of products or crafts grown and made on-site or the provision of services employing farm tools and implements used on-site.
(2) 
Employees shall be limited to household members, farm employees and part-time or seasonal workers.
(3) 
No farm business shall be conducted on a site of less than five acres.
(4) 
The area devoted to use by the business shall be limited to 5,000 square feet of the site and shall be located not less than 400 feet from any residential property and not less than 150 feet from any public road.
(5) 
Any buildings devoted to use by the business shall be no more than 1,000 square feet and shall be otherwise subject to all zoning and site plan requirements.
(6) 
Accessory uses to which the public is invited to harvest and purchase farm products by self-service shall be permitted but otherwise subject to all zoning and site plan requirements.
C. 
Miscellaneous repair services.
(1) 
Repair and service activities shall be considered a customary accessory to permitted sales uses provided they remain incidental and subordinate to the sales use.
(2) 
The repair and service activity shall be wholly located within the contiguous floor area of the sales use. It shall not utilize more than 25% of the total floor area or more than 1,500 square feet.
(3) 
It shall not have a separate customer entrance.
(4) 
There shall be no exterior evidence of the repair and service activity. The premises shall not differ from those characteristics expected in the zone in the following regards:
(a) 
Appearance, such as colors, materials, construction, lighting, or display of goods;
(b) 
Risk due to the nature or volume of materials stored; or
(c) 
Noise, vibration, dust, smoke, odor, glare, or electrical interference.
D. 
Cottage food operator.
(1) 
A cottage food operator, as set forth in N.J.A.C. 8:24, shall be a permitted accessory use in a legally established private dwelling as follows.
(a) 
There shall be only one such use in any dwelling unit.
(b) 
The use shall be operated by or shall employ in the dwelling unit only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons.
(c) 
The use shall be located only within the principal building, and not within any accessory buildings. There shall not be permitted the conversion of garage parking areas to cottage food use.
(d) 
The dwelling unit shall not be divided or partitioned in any way to prevent free access between all portions of the dwelling unit and the area devoted to the cottage food use.
(e) 
There shall be no change to the exterior of buildings or other structures for the use, and no outside appearance of a business use, including but not limited to parking, storage, signs, or lights.
(f) 
The use shall not operate any equipment or conduct any process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio, or television reception, any of the foregoing which are detectable by neighboring residents.
(g) 
The use shall not require any increased or enhanced electrical, water, natural gas or other utility service, supply, or usage, above what is typically required for single dwelling unit residential use in the Township.
(h) 
The quantity and type of solid waste disposal shall be the same as for other single dwelling unit residential uses in the Township.
(i) 
The capacity and quality of effluent shall be the same as is typical of normal single dwelling unit residential use in the Township and shall create no potential or actual detriment to the sanitary sewer system or its components.
(j) 
Deliveries to and from the use shall be made by the same types of trucks used by the U.S. Postal Service, United Parcel Service, Federal Express and other similar delivery services when providing regular service to single dwelling unit residential uses in the Township (e.g., no larger than a box truck).
(k) 
All vehicular traffic to and from the cottage food use shall be limited in volume, type, and frequency to that which is normally associated with other single dwelling unit residential uses in the Township.
(l) 
Such uses shall have a Cottage Food Operator Permit issued by the New Jersey Department of Health and are exempt from the requirement to obtain either a zoning permit or site plan approval.
(m) 
Upon request, the resident shall allow inspection of the dwelling by the Township.
(n) 
The use shall not operate as a retail food establishment, and no customers shall purchase and/or receive the products produced by the Cottage Food Operator at the private dwelling unit. The use shall be limited to the preparation of baked goods for delivery and off-site customer sales.
[1]
Editor's Note: See Article XXIII of this chapter.

§ 140-165 Fast-food convenience stores and restaurants.

Fast-food convenience stores (NAICS 44512) and fast-food/carry-out restaurants (NAICS 7222), where permitted in specified zones, shall be subject to the following supplemental zoning regulations:
A. 
The use shall be conducted within a totally enclosed, permanent building.
B. 
There shall be no manufacturing, processing or assembling conducted on the premises, except that which is incidental and essential to the food enterprise, such as assembling of sandwiches, provided the processed or assembled merchandise is sold at retail on the premises.
C. 
The use shall provide separate public rest room facilities easily accessible from the interior of the building for male and female customer use.
D. 
Ingress and egress shall be provided from a nonresidential arterial or collector street.
E. 
Adequate on-site parking for standard and large vehicles shall be provided, as required by this section. Large vehicle parking spaces shall be screened from view from any public street.
F. 
Adequate on-site loading zones according to this section shall be provided. A loading zone shall not be located within any other drive aisle or parking space.
G. 
Adequate on-site refuse and recycling storage facilities according to this section shall be provided.
H. 
In no event shall any premises used for fast-food convenience store or fast-food/carry-out restaurant use be located within 1,500 feet, measured by driving distance on public roads between nearest property lines, of any other such convenience store or fast-food/carry-out restaurant use.
I. 
The minimum pad site, lot, lease or condominium area of the use shall be 80,000 square feet and shall meet the bulk requirements of the HB-80 Zone, except that the height of the principal building shall be no more than one story and 20 feet; provided, however, that the minimum area may be reduced to 40,000 square feet, if the approving agency finds that all other requirements of the chapter pertaining to the use have been satisfied.