A. This ordinance amendment is designed to create the opportunity to locate communication facilities in areas in which, in the opinion of the Borough, will have no appreciable impact on the rural/undeveloped character of the community nor will it encroach on the reasonable expectations of the residents of the Borough and their homes and personal safety remain protected. The intent of this ordinance is to limit the location of such facilities to areas which are both acceptable to communication companies wishing to provide service and consistent with the above objectives. The overriding objective of this provision is to ensure that the public health, safety and welfare is safeguarded and that the following purposes of the MLUL are advanced (see NJSA 40:55D-2):
b. To secure safety from fire, flood, panic and other natural and manmade disasters;
f. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
g. To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens;
i. To promote a desirable visual environment through creative development tecbniques and good civic design and arrangements;
j. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl degradation of the environment through improper use of land;
m. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
B. Definition.
Communication facility - a commercial facility selling transmitting/receiving air time, available equipment and customary support facilities) access, and security facilities.
C. Area, Bulk and Yard Requirements
1. Minimum lot area -2 acres
2. Minimum front yard setback - 50 feet or the height of the structure, whichever is greater
3. Minimum rear yard setback 50 feet or the height of the structure, whichever is greater
4. Minimum side yard setback - 50 feet or the height of the structure, whichever is greater
5. Maximum height of structure - 90 feet, except where more than one set of transmitting/receiving antennae are co-located on a tower, the total height of the tower shall be not greater than 120 feet. This shall be measured as the overall height , including antennae.
D. Locations Permitted
Communication facilities are permitted in the CC-8O, CS-4O, NC-15, GB-80, OR-200 and I-I 20 Zones subject to the following conditions:
1. Property must be owned or leased by the Borough of Ringwood.
2. Borough of Ringwood must consent to property being used for communication facilities.
3. No such facility shall be located within 500 feet of a residential zone or within 1,000 feet of a hospital, school or public recreation facility.
4. No facility shall be located on property with an existing grade elevation of less than 500 feet measured on U.S.G.S. and New Jersey Geodetic Survey
5. All facilities shall be suitably secured. Chain link security fencing shall be required.
6. Site plan approval by the Ringwood Planning Board shall be required.
7 In the event such communication facilities are abandoned or not operated for a period of one year, the same shall be removed, at the option of the Borough, at the sole expense of the operator.
8. Noise levels at any property line shall be not more than 50 decibels.
9. Site lighting shall be oriented inward toward the site to avoid off site impact
I0. Any access to a communications facility shall conform to the driveway provisions of the Ringwood Code.
11. Any generator located on the site shall be within an equipment structure All fuel shall be contained in accordance with NJDEP requirements.
12. Site clearing shall be minimized to preclude the removal of vegetation beyond that necessary to install and maintain the facility.