Public utility installations shall be reviewed
for conformity with the existing character of the neighborhood in
which they are proposed to be installed. In cases which do not involve
building, adequate landscaped screening shall be required.
A.
No auto service station or parking garage or parking
lot for five or more vehicles shall have an entrance or exit for vehicles
within 200 feet along the same side of a street of any school, public
playground, church, hospital, public building or institution, except
where such property is in another block or on another street which
the lot in question does not abut.
B.
No auto service station shall be permitted where any
oil draining pit or visible appliance for any purpose (other than
filling pumps) is located within 20 feet of any street line or within
50 feet of any residential district except where such appliance or
pit is within a building. Gasoline pumps shall be permitted within
the required front yard space of service stations, but shall be no
closer than 15 feet to the street line.
C.
There shall be a minimum of 1,500 feet between service
stations, which distance shall be measured horizontally from the nearest
property lines.
D.
In cases where an approval shall issue for the operation
of an automobile service station or repair garage, no junkyards or
premises used for storage of junked motor vehicles or vehicles incapable
of normal operation shall be permitted within the Borough of Folsom.
It shall be deemed prima facie evidence of violation of this chapter
if more than three motor vehicles incapable of operation are located
at any one time upon any premises not within a closed and roofed building,
excepting, however, that a number not exceeding six motor vehicles
may be located upon any automobile service station or repair garage
premises outside of a closed or roofed building for a period of time
not to exceed 48 hours and providing that said motor vehicles are
awaiting repair by the owners thereof.
[Amended 5-20-2004 by Ord. No. 9-2004]
The following regulations apply to home occupations, as defined in § 200-6:
A.
Home occupations shall be conducted solely by the
resident(s) and occupant(s) of the building.
B.
Home occupations shall occupy less than 900 square
feet or the equivalent of the first floor area, whichever is smaller.
C.
Home occupations shall not change the character of
the principal use as a residence.
D.
Merchandise shall not be displayed in such a manner
as to be visible from the street.
E.
Home occupations shall be appropriate to and harmonious
with surrounding uses.
F.
Home occupations shall not be substantially detrimental
to the public good and shall not interfere with the intent and purpose
of this chapter and zoning plans of the Borough of Folsom.
G.
Home occupations shall not violate any other provisions
of this chapter.
H.
Home occupations shall not entail the employment of
more than two employees not residents of the building.
I.
Nothing herein contained shall be construed to include
a tearoom or restaurant as a home occupation.
[Added 11-13-2003 by Ord. No. 05-2003]
A.
Applicability.
(1)
All new wireless local communications facilities,
be they affixed to freestanding towers or mounted on existing structures,
and any structures, equipment, or features accessory to the operation
of said facilities, shall be subject to the provisions contained herein.
(2)
Existing local communications facilities shall
not be required to conform to the provisions contained herein until
such time as they are to be altered for installation of additional
facilities.
B.
General provisions and requirements.
(1)
Upon approval by the Planning/Zoning Board,
the construction and operation of local communications facilities
shall be permitted as a conditional use in certain parts of the municipality
subject to the provisions and limitations contained herein. These
areas consist of the rural development, agricultural, village industrial
and forest areas.
(2)
All local communications facilities subject
to the provisions herein shall comply with the standards of N.J.A.C.
7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive
plan for such facilities approved by the Pinelands Commission in accordance
with N.J.A.C. 7:50-5.4(c)6.
(3)
The Borough may seek, at the applicant's expense,
independent expert advice on the specific locational need for, design,
construction, and operation of local communications facilities to
aid in the evaluation of applications for such facilities.
(4)
The applicant for a local communications facility
which involves construction of a freestanding tower more than 100
feet in height shall make space available on the tower for municipal
communications needs of Folsom, if technical operating requirements
allow.
(5)
The total number of local communications facilities
in Folsom shall be the minimum necessary to provide adequate service.
As such, no application for construction of a local communications
facility shall be approved until the applicant has demonstrated that
there is a need for the facility and that there is no existing suitable
facility within the service area which could be utilized. Citation
in a comprehensive plan approved by the Pinelands Commission shall
serve as evidence of the need for a facility in a general area but
not as to the need for any specific site.
(6)
The applicant shall agree in writing to submit
certification to the Planning/Zoning Board and the Pinelands Commission
every five years that the proposed local communications facility is
still in use and that its height cannot be decreased because of operational
needs. Oversized facilities shall be reduced to the minimum height
necessary for operational needs, as determined by the Planning/Zoning
Board, within 12 months of the certification.
(7)
Use of existing structures. The use of existing
structures as support platforms for local communications facilities
shall be required in all cases where consent of the structure's owner
has been secured or could reasonably be secured; use of the structure
will not interfere with the signal emitted from other local communications
facilities and is otherwise technically feasible; use of the structure
will not increase the total number or affect the location of new towers
that will be built in the municipality; and the following circumstances
apply:
(a)
Use of the structure will not require an expansion,
and the addition of a local communications facility does not harm
the character and integrity of the existing structure;
(b)
Use of the structure will require an expansion
in height but not in excess of 50% of its current height, area or
massing profile, and it is either in a certified plan approved by
the Pinelands Commission or it is an existing communications structure;
and
(c)
Use of the structure will require an expansion
in excess of 50% where the site is a certified plan approved by the
Pinelands Commission and the expansion or reconstruction will preserve
the current use and the visual impact of installation of expanded
structure will be less than that of a new local communications facility.
(8)
The applicant shall agree that, if a new tower
is approved, collocation will be permitted unless technically infeasible.
The applicant shall also agree that all of the local communication
facilities under the applicant's control within the municipality shall
be made available for collocation purposes.
C.
Height limitations and locational requirements for
new local communication facilities.
(1)
New local communications facility towers. The
following provisions shall apply to new local communications facility
towers:
(a)
No application for construction of a new local
communications facility tower shall be approved unless the comprehensive
plan governing such facilities, referenced herein, has been approved
by the Pinelands Commission.
(b)
New local communications facility towers shall
not exceed 200 feet in height, as measured from grade. Freestanding
towers built to a lesser height shall be designed so that their height
may be increased to 200 feet if necessary to accommodate the needs
of other local communications facilities.
(c)
All new local communications facility towers
shall be located within the area consistent with the service need
for the facility, but in no case beyond a five-mile radius of the
area specified in the comprehensive plan referenced above. The applicant
shall initially determine and demonstrate a technically feasible search
area within this radius. If the search area contains lands in more
than one Pinelands management area, the applicant shall seek to site
the facility in accordance with the Pinelands Commission's hierarchal
policy. Within the Borough of Folsom, the applicant shall seek to
site the facility in accordance with the following hierarchy, with
the first designation being the location of greatest preference:
(d)
The applicant shall further seek to site the facility in accordance with the following hierarchy to the extent feasible within either the management areas contained in Subsection C(1)(c)[1] or [2] above:
[1]
On developed publicly owned lands
within 500 feet of an existing structure, provided that the facility
will be located on previously disturbed lands that have not subsequently
been restored; on state, county or municipal conservation lands; state
recreation lands or county and municipal lands used for low-intensity
recreational purposes;
[2]
On the parcel of an existing landfill,
provided that the facility will be located on previously disturbed
lands that have not subsequently been restored.
[3]
On the parcel of an existing fire
station; or
[4]
On the parcel of an approved resource
extraction operation, provided that the facility will be located on
previously disturbed lands that have not subsequently been restored.
(e)
To the extent feasible and consistent with other
provisions contained in this section, new local communications facility
towers shall be sited in a manner which:
[1]
Minimizes visual impacts as viewed
from publicly dedicated roads and highways and from other areas frequented
by the public by, in order of decreasing priority:
[2]
Avoids, to the maximum extent practicable,
visual impacts as viewed from the wild and scenic rivers and special
scenic corridors listed in N.J.A.C. 7:50-6.105(a);
[3]
Minimizes visual impacts as viewed
from existing residential dwellings located on contiguous parcels
through adherence to the buffer, setback and screening requirements
established in this ordinance.
(f)
If multiple sites for new towers which meet
all other qualifications are available, and which are equal in the
hierarchal ranking, the site with the least visual impact shall be
selected; if only a single qualifying site is available, the best
location on the site that meets all other standards of this ordinance
shall be selected.
(g)
The design and construction of all new local
communications facility towers shall adhere to the provisions of N.J.A.C.
7:5006.10306.105 regarding setbacks from scenic corridors and in environmentally
sensitive areas. Applicants shall employ design strategies intended
to mask, disguise, or hide local communications facilities towers
so that they blend into the natural background to the maximum extent
possible.
(2)
General requirements. The following provisions
shall apply to all local communications facilities:
(a)
Local communications facilities shall be located
so as to meet the technical operating requirements of the applicant
and any potential collocators who have expressed a desire to use the
same facility.
(b)
Local communications facilities shall be located,
in order of preference, on:
[1]
Existing structures whose appearance
would not be significantly altered (no more than de minimis change
in their mass or height, and no impact upon a historic structure or
structures within historic districts that have been designated in
accordance with the provisions of N.J.A.C. 7:50-6.154, unless the
installation can be accomplished consistent with the criteria of N.J.A.C.
7:50-6.156);
[2]
Other structures whose appearance
would be significantly altered, provided that the visual impact of
the former would not exceed that of the eligible undeveloped sites;
and
[3]
Undeveloped sites eligible for
a new tower.
(c)
All freestanding local communications facility
towers shall maintain a minimum distance of 200 feet from any other
structure not on the parcel, public road, sidewalk, residentially
developed lot or recreational area and shall comply with the siting
design provisions where applicable. The Planning/Zoning Board may
reduce this setback requirement by as much as 50% of the required
distance, if it finds that limited sites and land tenure necessitates
such reduction and safety and visual impacts may be alternatively
addressed.
D.
Design and construction requirements.
(1)
All local communications facilities shall meet
or exceed current standards and regulations of the Federal Aviation
Administration, the Federal Communications Commission and any other
agency of the state or federal government with relevant authority.
If such standards or regulations are amended, the owners of local
communications facilities in the municipality shall bring such facilities
into compliance within six months of the effective date of such amendments.
Failure to bring such facilities into compliance shall constitute
grounds for removal of the facility by the municipality at the owner's
expense.
(2)
All new freestanding support towers shall be
designed and constructed so as to accommodate the needs of any other
local communications provider who has identified a need to locate
a facility within an overlapping service area.
(3)
All new freestanding support towers shall be
of lattice-type construction, except that monopoles may be employed
if the applicant warrants that:
(a)
The tower can and will be expanded if necessary
to the maximum height permitted within the zoning district to accommodate
any other local communications provider who expresses a need to locate
there; or
(b)
The tower will be replaced, without service
interruption to current users, by a tower which can accommodate other
communications providers.
(4)
Any accessory shed or other accessory structure
shall be built solely to house equipment essential to the operation
of the local communications facility and shall be designed, painted,
and/or screened by year-round landscaping to blend in with the surrounding
environs to the extent possible, as determined by the Planning/Zoning
Board. The structure shall be located as close to the antenna support
structure as possible and shall not exceed 10 feet in height or 100
square feet in area, unless expressly authorized by the Planning/Zoning
Board. Only one such structure shall be permitted per facility user,
unless a need is otherwise demonstrated to the Planning/Zoning Board.
If feasible, additional land for the equipment needs of future collocators
shall be secured in the purchase/lease of the selected site or be
available by lease agreement.
(5)
Any access road to the local communications
facility shall be landscaped or be oriented in such a way as to preclude
a direct view of the facility from a public venue.
(6)
Secure fencing may be required if the municipality
determines that it is necessary for the safe operation of the facility.
(7)
No artificial lighting may be attached to any
local communications facility except as required by the Federal Aviation
Administration or other regulatory authority with jurisdiction. Lighting
of equipment and any other structures on site shall be shielded from
abutting properties. There shall be total cutoff of all light at the
property lines of the parcel to be developed, and footcandle measurement
at the property line shall be 0.0 footcandles when measured at grade.
Lighting shall be the minimum necessary to conform to applicable requirements.
(8)
No signs will be attached to any local communications
facility except as is necessary to provide operational or maintenance
instructions or warnings to the general public. No sign will be attached
at a level more than 10 feet above grade. The use of any portion of
a facility for any form of advertising is prohibited.
(9)
The following standards shall apply to clearing
any landscaping for construction of new local communications facilities:
(a)
Clearing of existing vegetation shall be limited
to the minimum necessary to allow for access to and operation of the
facility;
(b)
The lower portions of local communications facilities
which will be located adjacent to residential zones, recreational
areas, or public roads shall be screened at ground level from public
view to the maximum extent practical in the following manner:
[1]
One or more rows of evergreen trees,
at least four feet in height when planted and capable of forming a
continuous hedge at least 15 feet in height within five years of planting,
shall be required and spaced not more than seven feet apart around
all lattice towers and any monopole over 50 feet in height;
[2]
Adjacent to residential zones and
recreational areas, three rows of evergreen trees at least six feet
in height when planted and an additional row of deciduous trees no
less than 1 1/2 inches in diameter measured three feet above
grade, and spaced no more than 20 feet apart shall be planted around
the evergreen trees;
[3]
The screening shall be maintained
and replaced as necessary while the facility is in service.
(10)
Local communications facilities mounted on an
existing structure shall be painted or shielded with material which
is consistent with the design features and materials of the structure.
To the extent that any local communications facility or its supporting
structure extend above the height of the vegetation immediately surrounding
it, it shall be painted in a light gray or light blue hue which blends
with sky and clouds.
E.
Maintenance and operation requirements.
(1)
The owner of a local communications facility
shall ensure that it is maintained in compliance with standards contained
in applicable state or local building codes and the applicable standards
for towers that are published by the Electronic Industries Association,
as amended from time to time. Such maintenance shall include, but
is not limited to, painting, structural integrity of the mount and
security barrier, and maintenance of the buffer area and landscaping.
If, upon inspection, the municipality concludes that a facility 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 the facility into
compliance with such standards. Failure to bring such facility into
compliance within the thirty-day period shall constitute grounds for
the removal of the facility at the owner's expense.
(2)
No application for installation of a local communications
facility shall be approved unless the applicant has submitted evidence
that a surety bond has been established which will provide for removal
of the facility and restoration of the disturbed area in accordance
with N.J.A.C. 7:50-6.24 within 12 months of its ceasing to operate.
In any event, the municipality shall, at the expense of the owner,
remove any such facility which has been out of operation for a period
greater than 12 months.
(3)
All local communications facilities shall be
operated in a manner consistent with the "Guidelines for Evaluating
the Environmental Effects of Radiofrequency Radiation," as published
and amended from time to time by the Federal Communications Commission.
(4)
Local communications facilities adjacent to
residential or public recreational areas shall not increase the ambient
noise level nor cause any persistent level of vibration in excess
of 50db beyond the property lines of the lot on which they are situated.
(5)
At annual intervals from the date of the issuance
of the conditional use permit, the applicant shall submit measurement
of the noise and the radio frequency radiation from the local communications
facility. Such measurements shall be made by a qualified technician
and shall certify that they are within applicable limits.
F.
Application requirements.
(1)
Preapplication conference. Early consultation
by applicants with municipal officials and representatives of the
Pinelands Commission is encouraged so that all information necessary
for an informed decision is submitted and delays are avoided. As such,
prior to submission of a development application for approval of a
local communications facility in accordance with this section, the
applicant may request to convene with the Planning/Zoning Board at
a public meeting in order to discuss the proposed facility in general
terms and to clarify the filing requirements. Upon receipt of a written
request for a preapplication conference, the Planning/Zoning Board
will meet with the applicant at the next regularly scheduled meeting
of the Board for which adequate public notice can be provided. While
there are no formal filing requirements for this conference, the applicant
is encouraged to prepare sufficient preliminary architectural and/or
engineering drawings to inform the Board of the general location and
likely scale and design of the facility. Failure to request such a
conference will not prejudice any subsequent consideration of a formal
application by the Planning/Zoning Board.
(2)
New local communications facilities shall require
conditional use approval and major site plan approval by the Planning/Zoning
Board. All persons seeking to build such a facility must submit an
application to the Planning/Zoning Board which contains, in addition
to the submission requirements generally applicable to site plan applications,
the following information:
(a)
A scaled site plan clearly indicating the location
(including street address and block/lot), type, method of construction
and height of any proposed tower and any accessory structure(s); on-site
land uses and zoning; contour lines at no greater than five-foot intervals
AMSL; existing structures; land uses and zoning within 200 feet (including
adjacent municipalities); any roads within 200 feet; proposed means
of access; limits of clearing; and setbacks from property lines;
(b)
Photographs of the proposed site of the facility
showing current conditions;
(c)
The setback distance from the nearest structure;
(d)
A map showing the location of all other local
communications facility towers and other structures within the municipality
as well as outside of the municipality within a five-mile radius.
The applicant shall also identify the height and type of construction
of all such structures;
(e)
A landscape plan showing proposed landscaping;
(f)
The location and type of proposed fencing, if
applicable, and the type, location, color, and power of any illumination;
(g)
An assessment of the suitability of the use
of existing towers or other structures within the search area to accommodate
the local communications facility in lieu of a tower, if a new tower
is proposed;
(h)
An assessment of the suitability of the site
to accommodate additional equipment, sheds, and similar needs of other
wireless providers who may wish to collocate on the proposed facility;
(i)
A notarized statement indicating that the applicant
will abide by the provisions of "Exhibit B. Co-location Opportunities
for Wireless Providers in the Pinelands" contained in the Comprehensive
Plan for Wireless Communications Facilities in the Pinelands approved
by the Pinelands Commission on September 11, 1998;
(j)
Written confirmation from any other wireless
providers who have expressed a desire to collocate on the proposed
facility (either by inclusion of the site in a comprehensive plan
approved by the Pinelands Commission or at any public meeting on the
application) that the selected site meets their operational needs
and space requirements for equipment sheds and the like; and
(k)
A certificate of filing issued by the Pinelands
Commission pursuant to N.J.A.C. 7:50-4.34.
(l)
Computer simulation models, photographic juxtaposition
and similar techniques are not mandated but, if submitted in support
of the application, may be used by the Planning Board in determining
conformance with the visual impact standards of this section. Such
materials may also aid in assessing the consistency of the application
with N.J.A.C. 7:50-5.4.
(m)
In the event that collocation is found not to
be feasible, a written statement of explanation shall be submitted
to the Planning/Zoning Board. The Planning/Zoning Board may retain
a technical expert in the field of radiofrequency engineering to verify
if collocation at the site is not feasible or is feasible given the
design configuration most accommodating to the collocation, or that
a new tower has less visual impact at an alternative site. The cost
for such a technical expert will be at the expense of the applicant.
(n)
A plot plan, survey and all other plans and
documents required for site plan approval.
(3)
The municipality permits wireless communications
providers to submit a single application for approval of multiple
facilities.
(4)
Federal environmental requirements.
(a)
The National Environmental Policy Act (NEPA)
applies to all applications for personal wireless service facilities.
NEPA is administered by the FCC via procedures adopted as Subpart
1, Section 1.1301 et seq. (47 CFR Ch. I). The FCC requires that an
environmental assessment be filed with the FCC prior to beginning
operations for certain facilities. The environmental assessment must
be submitted as part of any municipal application for such a facility.
(b)
Siting of new towers in proximity to designated
wild and scenic rivers, or rivers under study for designation, requires
proof of federal review, and approval of such siting must be submitted
as part of any municipal application for such a facility.
