A.
Intent. The intent of this section is to permit the
creation of single-family detached dwellings on smaller lots than
would otherwise be permitted within certain districts for the purpose
of creating open space in usable areas and quantities, preserving
desirable natural features and tree cover, and encouraging high quality
of lot layout, planning and land design which will stabilize and enhance
the character of the district of which the dwellings are a part, and
to preserve the health, welfare and safety of the entire community.
B.
Provisions and requirements. The following special
provisions shall be satisfied before a cluster residential development
shall be approved as a conditional use in the R-1 or R-2 Zone:
(1)
Total land area. The proposed cluster residential
development shall embrace a minimum contiguous land area of 25 acres.
(2)
Area, lot and bulk. Each lot and structure thereon
within a cluster residential development shall meet the following
requirements:
|
Principal Building Minimum
|
R-1
|
R-2
| |
|---|---|---|---|
|
Lot area
|
1.5 acres
|
17,000
| |
|
Lot frontage
|
100 feet
|
50 feet
| |
|
Lot width
|
150 feet
|
100 feet
| |
|
Lot depth
|
150 feet
|
150 feet
| |
|
Side yard, each
|
20 feet
|
15 feet
| |
|
Front yard
|
75 feet
|
50 feet
| |
|
Rear yard
|
50 feet
|
50 feet
|
|
Accessory Building, Minimum
|
R-1
|
R-2
| |
|---|---|---|---|
|
Distance to street line
|
75 feet
|
50 feet
| |
|
Distance to sideline
|
20 feet if in side yard
|
15 feet if in side yard
| |
|
Distance to rear line
|
5 feet if in rear yard
|
5 feet if in rear yard
| |
|
Distance to principal building
|
10 feet
|
10 feet
| |
|
Distance to other accessory buildings
|
6 feet
|
6 feet
|
(3)
Subdivision approval. Subdivision approval for the
cluster residential development shall required in addition to site
plan approval.
(4)
Underground utilities. The entire project shall designed
and constructed to provide full public utility services, including
central sewerage, water supply and stormwater drainage, as well as
electricity, telephone and, where desired, CATV cables. All utility
service systems shall be installed underground, except that, in cases
where the Board, because of soil conditions or other special physical
site problems, determines that this requirement would be unreasonable
or not feasible, it may waive the underground installation requirement
for one or more such utility services.
(5)
Improvements. Streets, curbs, sidewalks, shade trees
and other improvements normally required for a conventional subdivision
shall be provided as approved by the Board.
(6)
Detached single-family dwellings. Only detached single-family
dwellings shall be constructed and occupied in a cluster residential
development.
(7)
Open space. An area or areas, shown on the site plan
of the entire development and approved by the Board, shall be dedicated
irrevocably for use as common open space within the cluster residential
development for the benefit of the residents of such development.
(a)
The total area of such common open space shall
be equivalent to the difference between the total area of all platted
lots shown on the cluster residential development site plan and the
total area which would be produced by multiplying the total number
of platted lots by the minimum lot area required in a conventional
subdivision in the same zone or 20% of the gross land area of the
entire cluster residential development, whichever is greater.
(b)
Usable common open space shall be provided and
shall constitute at least 50% of the total common open space and shall
conform to the following:
[1]
There shall be at least one contiguous parcel
of common open space, having direct access to one or more public streets
in at least two places, each with a frontage of at least 50 feet,
having a minimum area of 5% of the total land area, or three acres,
whichever is greater, consisting of well-drained, reasonably level
land, suitable for recreational use.
[2]
Each additional parcel of usable common open
space shall contain an area of at least one acre and shall have an
access strip at least 25 feet in width with frontage on a street.
[3]
At least 50% of the usable common open space
shall be improved for recreational purposes by the installation of
facilities and or equipment such as, by way of illustration but not
of limitation, swimming pools, tennis, handball or squash courts,
golf courses, playfields for team sports, children's playground equipment
and similar improvements. No such facility shall be placed so that
any part thereof is within 100 feet of a residential property.
[4]
The recreational facilities shall be designed
to provide 100 user days per year per dwelling unit.
[5]
Usable common open space shall be developed
and improved in accordance with the declared proposals set out in
the developer's approved site plan of the entire development in a
manner and rate consistent with the development of the subdivision.
The developer shall complete various stages or portions of the improved
common open space, and facilities to constructed thereon, prior to
final subdivision plat approval of any section of the cluster residential
development.
[6]
All land to be devoted to usable common open
space shall be reasonably usable for the purpose proposed. Undrained
swampland, or land with a slope in excess of 6% or other peculiar
topographic characteristics, which cannot be reasonably used for any
recreational purpose shall not qualify for inclusion in common open
space, nor shall any land be included unless reasonable provision
is made by the developer for the drainage of surface waters therefrom
to prevent erosion thereof or of abutting properties, and subject
to aboveground storm drainage, shall not be included in the minimum
usable open space requirements. Land subject to aerial utility line
easements shall not compromise more than 33% impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
A.
Intent. The intent of this section is to permit the
creation of single-family detached dwellings on smaller lots than
would otherwise be permitted within certain districts for the purpose
of preserving desirable natural features and tree cover, and encouraging
high quality of lot layout, planning and land design which will stabilize
and enhance the character of the district of which the dwellings are
a part, and to preserve the health, welfare and safety of the entire
community. The deed for any lot so created shall contain a restriction
against its further subdivision for the purpose of creating an additional
lot or lots, except when such further subdivisions would be allowed
by amendment to this chapter.
B.
Criteria for minimum lot size reduction.
(1)
The Planning Board shall not approve any subdivision
involving a reduction in the minimum lot size requirements unless
said subdivision meet all of the following criteria and standards:
(a)
The minimum size of the tract shall be 25 acres.
(b)
The subdivision shall not result in any greater
number of lots than would be yielded by conventional subdivision (without
lot reduction) as demonstrated by a concept plan of such a conventional
subdivision.
(c)
Each lot shall have a gross lot area as set
forth in the specific zone regulations.
(d)
All lots shall meet the minimum requirements
within the zone but shall also include within each lot an area which
is free of constraints. Constraints which shall be considered shall
be wetlands and buffers, floodways, flood fringes and associated buffers,
slopes greater than or equal to 15%, rock outcroppings, high seasonal
groundwater and shallow depth to bedrock. The constraint-free area
shall meet the following requirements:
[1]
Where the lot is served by water and sewer,
the minimum constraint free area shall be 1/2 acre (21,780 square
feet).
[2]
Where the lot is not to be served by water and
sewer, the minimum constraint free area shall be 3/4 of an acre (32,670
square feet).
[3]
A minimum of 1/2 of the constraint-free land
shall be within the minimum required yards.
[4]
The constraint-free area shall be contiguous
and shall be of such a shape that the length to the width shall not
be in a ratio of greater than 4 to 1.
[5]
The Planning Board shall have the authority
to allow in certain specific instances variations from the shape parameters
and the requirement that the constraint-free area be contiguous, provided
the applicant can demonstrate that a dwelling can be constructed on
the parcel having the following improvements in constraint-free areas:
[6]
In no case shall the constraint-free area be
less than the minimum required herein.
(f)
Development in a lot-averaging subdivision shall
be limited to single-family detached dwellings.
(g)
All lots exceeding the required minimum lot
area for the zoning district shall be deed-restricted against further
subdivision.
Buffering shall be provided in all zones except
R-1, R-2, R-3, as follows:
A.
Buffer strip. A landscaped buffer strip shall be established and maintained along all lot lines, other than street lines, of all nonresidential uses developed in this zone except as herein provided. Such buffer strips shall be a minimum of 25 feet in width and shall meet the requirements prescribed in § 361-84.
B.
Adjoining parking lots. A buffer strip shall not be
required along a lot line between parking lots of business uses within
this zone, provided that passage between the parking lots is permitted,
and further provided that where the combined width of the two parking
lots exceeds 120 feet, a landscaped island shall be located within
the parking lot which shall be a minimum of 10 feet in width and run
the depth of the parking lot except for vehicular aisles.
C.
Screening and buffer strip. Whenever a use abuts any residential zone or use, the buffer strip required in § 361-84 shall also contain screening such as dense hedges, decorative fencing or landscaped earth berms as further prescribed in § 361-85. The screening and buffer strip shall be a minimum of 75 feet wide.
[Added 11-14-2001 by Ord. No. 2001-18]
A.
Monopole tower construction shall be encouraged in
all new tower construction. Additionally, applicants shall be required
to use the latest stealth or camouflaging techniques. All towers shall
be fitted with anticlimbing devices.
B.
Accessory structures or uses:
(1)
Permitted uses: accessory equipment facilities.
(2)
Maximum height: 16 feet or one story; eave height:
10 feet.
(3)
Maximum area: 600 square feet per service provider.
(4)
Location: all equipment facilities shall be located
immediately adjacent to the tower it services.
(5)
Fencing. All equipment facilities and tower bases
shall be enclosed with a solid wood fence of at least six feet in
height, but no higher than eight feet unless otherwise approved by
the Township Engineer. All fences shall include a locking security
gate. A key to the gate shall be supplied to each of the fire companies
serving the Township of Mansfield.
C.
General conditions applying to all towers and antenna.
(1)
Noise levels. All noise generated by a tower and/or
the equipment facilities shall meet the minimum standards contained
in this chapter or in all state, federal or local noise regulations,
whichever is most stringent.
(2)
Annual report. Upon the issuance of a building permit
for a wireless telecommunications tower site, the owner or operator
of the site shall provide to the Township Engineer and the Township
Committee an initial report signed and sealed by a licensed professional
engineer certifying the estimated useful structural life of the tower
as well as providing an initial inventory of all equipment and antennas
on the site. After 50% of the useful structural life has lapsed, annual
recertification reports as to the structural integrity of the tower
shall be required. An updated report shall also be provided whenever
antenna arrays are modified and shall include a detail listing of
all antennas and equipment. All vendors, operators and lessees shall
also be required to notify the Township Committee when the use of
any such antennas or equipment is discontinued. If any of the reports
disclose that a condition of any tower presents an imminent hazard
to the public health, safety or welfare, or that the tower antennas
and equipment are no longer in use, the owner shall, and the Township
Engineer may order in his discretion, the tower or site upon which
it is located, take appropriate corrective action including, if necessary,
the removal of the tower to protect the public health, safety and
welfare. Wireless telecommunication towers and sites shall be maintained
to insure continued structure integrity. The owner of the tower shall
also perform such other maintenance of the structure and of the site
so as to assure that it does not create a visual nuisance.
(3)
Abandonment and removal. Any antenna or tower that
is not operated for a continuous period of six months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Township of Mansfield
notifying the owner of such abandonment. Towers that are rendered
obsolete or outdated by advances in technology shall be removed or
modified. Failure to remove an obsolete, outdated or abandoned antenna
or tower within 90 days shall be grounds for the Township of Mansfield
to require removal of the tower or antenna at the owner's, operator's
or property owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users
cease using the tower or same is deemed obsolete or outdated by the
Township of Mansfield. The Township may condition the issuance of
any permit to construct a tower or antenna on the posting of an appropriate
performance bond or other suitable guarantee in a face amount of not
less than 120% of the cost to remove the tower and restore the property
as determined by the Township Engineer for such construction as required
under all state and local codes and ordinances.
(4)
Signs prohibited. No signs shall be permitted on either
the tower or equipment building, except for those signs required by
law or containing such information as owner contact information, warnings,
equipment information and safety instructions. These signs shall not
exceed two square feet in total area. Absolutely no commercial advertising
shall be permitted on any equipment, antenna, building or tower.
(5)
Lighting. No lighting is permitted except as follows:
(a)
The equipment building and compound may have
security and safety lighting at the entrance, provided the lighting
is attached to the facility, is focused downward and is wired with
a timing device and/or sensor so that the light is turned off when
not needed for safety or security purposes.
(b)
No lighting is permitted on the wireless communications
tower.
(6)
Generators. Any generator located on site shall be
enclosed within a portion of the electronic equipment building. Any
fuel storage shall be done in compliance with federal and state regulations
and shall be limited to fuel stored within the primary fuel tank provided
by the manufacturer of the generator. No auxiliary or supplementary
fuel storage shall be permitted.
(7)
Multiple towers and uses. Any prohibition contained
in any ordinance restricting the number of principal uses per lot
shall not apply to the construction of wireless telecommunications
towers and facilities when the conditions contained in this section
are met.
(8)
Site location analysis. Every application for a wireless
telecommunications tower or antennas shall include a site location
alternative analysis including an analysis of the location priorities
describing the locations of other sites considered, the availability
of those sites, the extent to which other sites do or do not meet
the provider's service or engineering needs and the reason why the
subject site was chosen. The analysis shall address the following
issues:
(a)
How the proposed location of the wireless telecommunication
tower or antennas relates to the objective of providing full wireless
communication services within the Township of Mansfield area at the
time full service is provided by the applicant and by other providers
within the Township area.
(b)
How the proposed location of the wireless telecommunications
tower/facility relates to the location of any existing antennas or
towers within or near the Township area.
(c)
How the proposed location of the wireless telecommunications
tower/facility relates to the anticipated need for additional antennas
or towers within and near the Township area by the applicant, and
by other providers of wireless services within the Mansfield Township
area.
(d)
How the proposed location of the wireless tower/facility
relates to the objective and goal of retaining concealed or reduced
tower height with groups of towers within close proximity to one another
rather than isolated taller towers with many users at greater tower
heights at random locations throughout the Township.
(9)
Additional municipal experts. The Mansfield Township
Planning Board reserves the right to retain, at the applicant's expense,
any technical consultants as it deems necessary to provide assistance
in the review of site location alternatives analysis and specifications.
By submitting an application for a wireless telecommunications tower
or facility, the applicant is deemed to have consented to this procedure.
D.
Co-location on existing towers and structures.
(1)
Antennas may be attached to existing towers and structures.
Structures may include existing radio towers, high-tension line towers,
steeples, belfries, silos, water tanks and similar structures.
(2)
To minimize the visual impact associated with the
proliferation and clustering of towers, co-location of one or more
provider's antenna on an existing tower shall take precedence over
the construction of new towers.
(3)
Antennas may be placed on existing structures, except
existing radio and telecommunications towers subject to the following
specific requirements:
(a)
Antennas shall be mounted below the top of the
existing structure; provided, however, in those instances where appropriate
the height of the antenna may exceed the top of the existing structure
by no more than the height of the antenna plus three feet if required
for mounting hardware.
(b)
All antennas mounted to other than existing
towers shall be mounted and designed in such a manner as to minimize
the visibility. Where feasible, the antennas shall be incorporated
within the existing structures.
(4)
Enlargement of existing towers.
(a)
A tower which is modified or reconstructed to
accommodate the co-location of additional antennas shall be of the
same type as the existing tower; provided, however, that the height
of the modified or reconstructed tower shall not exceed the height
of the existing tower.
(b)
Any new tower or reconstructed tower approval
shall provide for future co-location as set forth herein. Co-location
by two or more providers shall be permitted on one tower, provided
that by co-locating, all conditions of this section are satisfied.
(c)
In the event a proposed tower for an existing
or future co-location cannot be constructed within the permitted height
limitations, then such co-location is prohibited and an alternate
site or method shall be used.
(d)
No tower may be designed or built to co-locate
with another provider at a height greater than the maximum permitted
by this section.
(e)
In the event any co-location is proposed, a
letter of commitment shall be filed by the applicant to lease excess
space on the tower to other potential users at prevailing market rates
and conditions. The letter of commitment shall be recorded with the
Warren County Clerk as a deed prior to the issuance of a building
permit and shall be binding upon the tower owner, property owner and
successors in interest.
(f)
A tower which is rebuilt or modified to accommodate
co-location may be moved on-site within 50 feet of its existing location,
provided the new location complies with all setback requirements set
forth herein.
(g)
A relocated on-site tower shall continue to
be measured from the original tower location for purposes calculating
separation distances between towers pursuant to this section.
