[Ord. No. 95-588 Art. XI]
In addition to the definitions listed in Article III of this chapter, the following definitions shall apply:
Shall mean any apparatus or device, except a traditional
or conventional television antenna, designed and/or used for receiving
television, radio, microwave, satellite or similar signals. The term
shall include "satellite dish", "satellite dish antenna", "satellite
television antenna" and "satellite earth station antenna".
Shall mean any base, stand, platform, foundation, pole, extension,
support or mount on or upon which a satellite antenna is placed, affixed,
attached, erected, extended, constructed, mounted, or installed.
[Ord. No. 95-588 Art. XI]
No satellite antenna or satellite antenna mount shall be erected,
constructed, placed, located, mounted or installed on any lot or lands
within the Borough unless a zoning permit issued by the Zoning Officer
and a construction permit by the Construction Official shall first
have been obtained therefor. The zoning permit shall be a required
prior approval and condition precedent to the issuance of a construction
permit by the Construction Code Official and to the erection, construction,
placement, location, mounting or installation of a satellite antenna
or satellite antenna mount.
a.
Application for Zoning Permit. Applications for the issuance of a
zoning permit for satellite antennae and satellite antenna mounts
shall be made on the form prescribed by the Zoning Officer which form
shall include:
1.
Address or location and Tax Map block and lot numbers of the premises
on which the satellite antenna and mount are to be installed.
2.
Name and address of owner of the premises.
3.
Name and address of person or contractor installing the satellite
antenna and mount.
4.
Description of the satellite antenna and mount, including color,
size, dimensions, height, etc.
5.
Attached sketch or plan of satellite antenna and mount showing design
with details of proposed manner of erection, construction and installations.
6.
Attached plot and plan or survey of lot showing existing structures,
proposed location of antenna and mount with all setback distances
and overall height from ground level indicated, and the location and
height of existing and proposed shrubs, trees, screening or buffers.
7.
Such other information as may be reasonably required and necessary
for Zoning Officer to determine compliance with the provisions of
this chapter and all other applicable laws, regulations, codes and
ordinances.
b.
Application for Construction Permit. Application for the issuance
of a construction permit for satellite antenna and satellite antenna
mounts shall be made on the form prescribed by the Construction Official.
c.
Fees.
[Ord. No. 95-588 Art. XI]
No satellite antenna or satellite antenna mount shall be installed
or located on any lot or lands within the Borough except in compliance
and conformity with all of the provisions and terms of this chapter.
a.
Residential Districts.
1.
Single-Family Dwellings. A satellite antenna shall be permitted as
an accessory residential use and structure on a lot which contains
a principal residential use and structure in the nature of a single-family
dwelling, subject to the following restrictions and conditions:
(a)
Not more than one satellite antenna per residential lot shall
be permitted.
(b)
No satellite antenna shall be permitted or located on a vacant
lot.
(c)
The satellite antenna shall be an accessory use structure to
that principal residential use and structure on the lot on which it
is situate, and shall not serve or be used in conjunction with any
principal use or structure on any other lot.
(d)
The satellite antenna shall be black or earthtone in color or
effectively screened with black or earthtone colored mesh.
(e)
The diameter or width of a satellite antenna shall not exceed
8 1/2 feet.
(f)
The overall height of a satellite antenna installed (including
the satellite antenna mount) shall not exceed 10 1/2 feet from
ground level.
(g)
The satellite antenna shall be located in the rear yard of the
lot on which it is situate, behind the rear building line of the principal
structure.
(h)
The satellite antenna shall be set back a minimum distance of
at least 10 feet from the rear and respective side property (lot)
lines.
(i)
The satellite antenna shall not be located or permitted in the
front yard of any lot, nor in the case of a corner lot, in the side
yard abutting or adjoining a public street.
(j)
The satellite antenna shall not be located or permitted to be
erected, constructed installed, mounted, attached or affixed to the
roof or other part of any building or structure.
(k)
The satellite antenna shall not be located, erected, constructed,
installed or mounted as to constitute a danger or hazard to any person
or property.
(l)
The satellite antenna shall be reasonably located, screened
or buffed so as not to be readily visible by persons standing on ground
level on an abutting public street or on an adjoining or adjacent
property.
2.
Multifamily Dwelling Units (Townhouses and Apartments). A satellite
antenna shall be permitted as an accessory residential use and structure
on land which is common or association owned property within a residential
complex or development of multifamily dwelling units, subject to the
following restrictions and conditions:
(a)
No more than one satellite antenna per complex or development
shall be permitted irrespective of the number of lots, the nature
of ownership or the number of owners within the complex or development.
(b)
The satellite antenna shall be an accessory use and structure
to all principal residential uses and structures within the complex
or development wherein it is situate, and shall serve all residents
of the complex or development desiring said use, but it shall not
serve or be used in conjunction with any principal use or structure
in or on any other complex or development or any lot not within the
complex or development.
(c)
The satellite antenna shall be black or earthtone in color or
effectively screened with black or earthtone colored mesh.
(d)
The diameter or width of a satellite antenna shall not exceed
10 1/2 feet.
(e)
The overall height of a satellite antenna installed (including
the satellite mount) shall not exceed 12 1/2 feet from the ground
level.
(f)
The satellite antenna shall be located in the rear yard area
behind the rear of a principal structure on the common or association
owned land on which it is to be situate.
(g)
The satellite antenna shall be set back a minimum distance of
at least 25 feet from the rear property line and respective side property
lines of the common or association lands on which it is situate.
(h)
The satellite antenna shall not be located or permitted in the
front yard of any common or association-owned lands, nor in any side
yard area which abuts a right-of-way, roadway or street.
(i)
The satellite antenna shall not be located or permitted in any
buffer area or zone of a complex or development.
(j)
A satellite antenna shall be reasonably located, screened or
buffered so as not to be readily visible by persons standing on ground
level on any abutting right-of-way, roadway or street from ground
level on any adjoining or adjacent property.
(k)
A satellite antenna shall not be located, erected, constructed,
installed or mounted as to constitute a danger or hazard to any person
or property.
(l)
The satellite antenna shall not be located, erected, constructed,
installed, mounted, attached or affixed to the roof or any other part
of any building or structure within the complex or development.
b.
Other Zoning Districts.
1.
Single Principal Use or Structure. A satellite antenna shall be permitted
in all other districts as an accessory use and structure on a lot
which contains a single principal use and structure, subject to the
following restrictions and conditions:
(a)
No more than one satellite antenna per lot shall be permitted.
(b)
No satellite antenna shall be permitted on a vacant lot.
(c)
The satellite antenna shall be an accessory use and structure
only to that principal use and structure on the lot on which it is
situate, and shall not serve or be used in conjunction with any principal
use or structure on any other lot.
(d)
The satellite antenna shall be black or earthtone in color or
effectively screened with black or earthtone mesh.
(e)
The diameter or width of a satellite antenna shall not exceed
8 1/2 feet.
(f)
The overall height of a satellite antenna installed (including
the satellite antenna mount) shall not exceed 10 1/2 feet from
ground level.
(g)
The satellite antenna shall be located in the rear yard of the
lot on which it is situate behind the rear of the principal structure.
(h)
The satellite antenna shall not be located in any parking lot
area or buffer area or zone.
(i)
The satellite antenna shall be set back a minimum distance of
at least 10 feet from the rear and respective side property (lot)
lines.
(j)
The satellite antenna shall not be located or permitted in the
front yard of any lot, nor in the case of a corner lot, in the side
yard abutting or adjoining a public street.
(k)
The satellite antenna shall not be located, erected, constructed,
installed or mounted as to constitute a danger or hazard to any person
or property.
(l)
The satellite antenna shall be reasonably located, screened
or buffered so as not to be readily visible by persons standing on
ground level on an abutting public street or on an adjoining or adjacent
property.
(m)
No satellite antenna shall be located or permitted to be erected,
constructed, installed, mounted, attached or affixed to the roof or
other part of any building or structure.
(n)
Notwithstanding the foregoing, if it is clearly demonstrated
and shown to the satisfaction of the Zoning Officer that the satellite
antenna cannot be located in compliance with the requirements in paragraphs
(f) through (m) herein set forth, a satellite antenna shall be permitted
to be located, erected, constructed, installed, mounted, attached
or affixed to the roof of the principal structure in accordance with
the following restrictions and conditions:
(1)
Compliance with the requirements above set forth under paragraphs
(a) through (d).
(2)
The diameter or width of the satellite antenna shall not exceed
five feet.
(3)
The satellite antenna shall be located, erected, constructed,
installed, mounted, attached or affixed on or to the rear 25% portion
of the roof, away from any street or right-of-way, so that it shall
not be readily visible by persons from the front.
(4)
The height of the antenna shall not exceed the height of eight
feet above the highest part of the roof. In no event, however, shall
the height of the satellite antenna, when mounted to the roof, exceed
the maximum height limitation applicable within the zoning district.
2.
Multi-Tenant Properties, Complexes or Developments (Shopping Centers,
Shopping Malls and Commercial Offices and Industrial Complexes or
Developments). A satellite antenna shall be permitted as an accessory
use and structure on land which is common or association-owned property
within multi-tenant properties, complexes or development, subject
to the following restrictions and conditions:
(a)
No more than one satellite antenna per multi-tenant property,
complex or development shall be permitted irrespective of the number
of lots, the nature of ownership or the number of owners within the
multi-tenant property, complex or development.
(b)
The satellite antenna shall be an accessory use and structure
to all principal uses and structures within the multi-tenant property,
complex or development wherein it is situate, and shall serve all
tenants or occupants of said multi-tenant property, complex or development
desiring said use, but it shall not serve or be used in conjunction
with any principal use or structure in or on any other multi-tenant
property complex or development or any lot not within the complex
or development.
(c)
The satellite antenna shall be black or earthtone in color or
effectively screened with black or earthtone color mesh.
(d)
The diameter or width of a satellite antenna shall not exceed
10 1/2 feet.
(e)
The overall height of a satellite antenna installed (including
the satellite mount) shall not exceed 12 1/2 feet from ground
level.
(f)
The satellite antenna shall be located in the rear yard area
behind the rear of a principal structure on the common or association-owned
land on which it is to be situate.
(g)
The satellite antenna shall be set back a minimum distance of
at least 25 feet from the rear property line and respective side property
lines of the common or association-owned land on which it is situate.
(h)
The satellite antenna shall not be located or permitted in the
front yard of any common or association-owned lands, nor in any side
yard areas which abut a right-of-way, roadway or street.
(i)
The satellite antenna shall not be located or permitted in any
buffer area or zone of a multi-tenant property, complex or development.
(j)
A satellite antenna shall be reasonably located, screened or
buffered so as not to be readily visible by persons standing on ground
level on any abutting right-of-way, roadway or street or from ground
level on any adjoining or adjacent property.
(k)
A satellite antenna shall not be located, erected, constructed,
installed or mounted as to constitute a danger or hazard to any person
or property.
(l)
The satellite antenna shall not be located, erected, constructed,
installed, mounted, attached or affixed to the roof or any other part
of any building or structure within the multifamily property, complex
or development.
(m)
Notwithstanding the foregoing, if it is clearly demonstrated
and shown to the satisfaction of the Zoning Officer that the satellite
antenna cannot be located in compliance with the requirements of paragraphs
(e) through (l) herein set forth, a satellite antenna shall be permitted
to be located, erected, constructed, installed, mounted, attached
or affixed to the roof of the principal structure in accordance with
the following restrictions and conditions:
(1)
Compliance with the requirements above set forth under paragraphs
(a), (b), (c) and (k).
(2)
The diameter or width of the satellite antenna shall not exceed
five feet.
(3)
The satellite antenna shall be located, erected, constructed,
installed, mounted, attached or affixed on or to the rear 25% portion
of the roof, away from any street or right-of-way so that it shall
not be readily visible by persons from the front.
(4)
The height of the antenna shall not exceed the height of eight
feet above the highest part of the roof. In no event, however, shall
the height of a satellite antenna, when roof mounted, exceed the maximum
height limitation applicable within the "zoning district".
[Added 2-3-2020 by Ord.
No. 2020-985]
Solar energy systems shall be conditional uses to the permitted
principal and accessory uses on a lot and shall not involve the production
of power for off-premises consumption nor shall such a use constitute
the principal use of any lot. This prohibition shall not be interpreted
to preclude the occasional sale of excess power from a solar energy
system back to the public electric utility provider. For systems intended
for uses other than the ones stated, or for any commercial projects,
site plan and associated variance approval where necessary are required.
a.
Conditions:
1.
Either rooftop-mounted solar collectors or ground-mounted arrays
and freestanding solar collectors are permitted to be installed in
all zoning districts, but not both on the same land parcel.
2.
Ground-mounted arrays and building-mounted solar collectors are permitted
in all zoning districts and are subject to the following conditional
requirements:
(a)
A person who owns a farmland may construct, install, and operate
solar energy systems on a portion of the farm to serve the principal
existing land use solely and not the primary land use.
(b)
Solar energy systems are not permitted to be erected on a vacant
parcel of land. Solar panel array farms are not permitted as a stand-alone
use. If a lot owner wishes to do so, a use variance and minor site
plan submission would be required.
(c)
Installation of rooftop and building-mounted solar collectors
shall require a zoning permit from the Zoning Officer and a building
permit from the Construction Office prior to installation.
(d)
Applications for a solar energy system shall include information
demonstrating compliance with the provisions of this section.
(e)
To the extent reasonably possible, solar panels, regardless
of whether they are roof-mounted or ground-mounted, shall be oriented
and/or screened year-round so that glare is directed away from adjoining
properties and streets.
(f)
To the extent reasonably possible, solar energy systems shall
be designed using such features as colors, materials, textures, screening
and landscaping so as to blend into their settings and avoid visual
blight.
(g)
Solar energy systems shall not be used for the display of advertising.
(h)
Where site plan approval is required elsewhere in this chapter
for a development or activity, the site plan review shall include
review of the adequacy, location, arrangement, size, design, and general
site compatibility of solar collectors.
(i)
All solar collector installations must be performed by a qualified
solar installer, and prior to operation the electrical connections
must be inspected by the Construction Office or other appropriate
electrical inspection agency as determined by the Borough. In addition,
any interconnection to the public utility grid must be inspected by
the appropriate public utility.
(j)
When solar storage batteries are included as part of the solar
collector system, they must be placed in a secure container or enclosure
meeting the requirements of the New Jersey State Building Code when
in use and when no longer used shall be disposed of in accordance
with the laws and regulations of Camden County and other applicable
laws and regulations.
(k)
Clearing of natural vegetation for the installation of a solar
energy system shall be limited to that which is necessary for the
construction, operation and maintenance of the system and as otherwise
prescribed by applicable laws, regulations and ordinances.
(l)
The applications for a solar energy system shall conform to
the provisions of tree removal, tree protection/compensatory plantings.
Any trees to be removed to accommodate the installation of a solar
energy system shall be accompanied by a plan demonstrating the need
to remove the trees. An applicant shall locate a solar energy system
so that tree removal is not required to the extent practical so as
to serve as a natural buffer. Solar installations shall not be located
in, or disturb, required environmental buffers.
(m)
Any ancillary buildings and any outside storage associated with
a solar energy system must, to the extent reasonably possible, use
materials, colors, textures, screening and landscaping that will blend
the facility into the natural setting and existing environment. Appropriate
landscaping and architecture shall be provided to screen accessory
structures from roads and adjacent residences. Such landscaping shall
consist of evergreen plant materials.
(n)
The solar energy systems shall remain painted or finished in
the color black. Finishes shall be matte or nonreflecting.
(o)
A zoning permit shall be required for the installation of a
solar energy system.
(p)
In no case shall ground-mounted panels be placed in side yards.
For rear yard installation, screening buffers must shield such panels
from public view, as detailed below.
b.
Roof-Mounted Panels: Rooftop and building-mounted solar collectors
are permitted in all zoning districts, subject to the following requirements:
1.
Solar panels shall not be installed so as to be located above the
highest point of the roof surface or structure. In no event shall
the placement of solar panels or any part of the solar energy system
result in a total height greater than what is permitted in the zoning
district in which they are located for the principal building, nor
shall any part of the solar panels or system extend beyond the edges
of the roof.
2.
All visible solar collector parts, including frames and support structures,
shall be black in color.
3.
A building rooftop solar-mounted collection system may be installed
on schools and large buildings, depending on the structural integrity
of the roof, and provide energy for the existing use of the building.
4.
Rooftop solar collectors shall be contiguously connected, installed
and arranged in a manner to mimic the roof shape and design to the
maximum extent possible.
5.
The location and arrangement of the rooftop solar collection system
shall be subject to zoning approval.
6.
The location and arrangement of the rooftop solar collection system
shall be subject to permit and above conditions.
c.
Ground-Mounted Panels: Ground-mounted arrays and freestanding solar
collectors are permitted as conditional use structures in all zoning
districts only if roof mounting is determined to be impractical by
the property or homeowner and/or building structure limitations and
subject to the following requirements:
1.
Ground-mounted arrays and freestanding collectors shall be located
on properties of 7,500 square feet or larger.
2.
The total surface area of all ground-mounted and freestanding solar
collectors on residential lots shall not exceed 800 square feet without
variance relief.
3.
Submission of a licensed survey, that shows the location of the proposed
ground-mounted array and freestanding solar collectors, with one-foot
contours, shall be required.
4.
Ground-mounted arrays shall not be located between the principal
building structure and the street and also shall not be located in
any side yards. For residential lot installations in rear yards, the
minimum screening buffer shall be a minimum of five feet from the
rear property line to provide screening as otherwise required herein.
For the portion of the rear yard facing abutting rear yards, the same
five-foot setbacks for the extension of the rear yard facing public
view shall be screened and also abutting side yards. Corner lots may
require variance relief.
5.
All ground-mounted solar energy systems shall be screened from view
from adjacent properties and streets with a year-round vegetative
screen and/or building. An appropriate species of natural buffering
vegetative material that will block the view of the solar collectors
from abutting residential zones or properties shall be provided.
6.
For residential lots, the location of the ground-mounted arrays and
freestanding collectors shall be set back from rear and side yards
within the rear yard a distance of five feet minimum. For nonresidential
lots, the minimum set back shall be no less than 25 feet from all
property lines.
7.
Ground-mounted arrays shall not exceed 10 feet in height, when oriented
at maximum tilt.
8.
All visible solar collector parts, including frames and support structures,
shall be black.
9.
For commercial and industrial, nonresidential lots, a twenty-five-foot-wide
densely planted perimeter landscaped buffer shall be required that
includes a combination of evergreen trees and shrubs with a six-foot-tall
black vinyl-coated chain-link fence. Plantings shall not be a lesser
height than that of the solar array at time of plantings. In addition
adequate open space must be provided for ground-mounted solar panel
arrays to allow for installation and maintenance.
10.
No more than 75% of the total lot area shall be utilized for a solar
array installation after all other conditions have been met.
d.
Application Process: The application for a zoning permit shall include
all the following documents and information which the Zoning Officer
may submit to the Planning Board for a courtesy review. The information
must demonstrate compliance with the provisions of this section. In
the event the Zoning Officer does not believe the provisions of this
section will be satisfied, an applicant may request a variance.
1.
A zoning permit shall be required for the installation of a solar
energy system.
2.
The zoning permit application shall be accompanied by a plot plan
survey which includes the following:
(a)
Structural engineering information and data for rooftop and
ground-mounted arrays from a licensed New Jersey Engineer.
(b)
Property lines and dimensions.
(c)
Location, dimension, and types of existing major structures
on the property. Location, dimension, and type of the proposed solar
energy system.
(d)
Orientation of the solar energy system.
(e)
The right-of-way of any public road that is contiguous with
the property. Overhead utility lines and easements.
(f)
Proposed screening for ground-mounted systems and equipment.
(g)
Location and size of existing trees within and next to the area
of the proposed ground-mounted system, as well as any tree proposed
to be altered or removed.
(h)
Fee. The application for a zoning permit for a solar energy
system must be accompanied by the zoning permit fee.
e.
Approval Conditions: Expiration. A permit issued pursuant to this
subsection shall expire if:
1.
The solar energy system is not installed and functioning within 24
months from the date the permit is issued; or the energy system is
out of service or otherwise unused for a continuous twelve-month period.
2.
Any solar energy system that has generated no electricity for a period
of 12 months shall be deemed to be abandoned and shall be decommissioned
within six months of such abandonment and subject to the following
requirements:
(a)
Decommissioning shall include the removal of the entire solar
panel array and all associated facilities and equipment connected
thereto from the premises and the cleaning and restoration of the
area to a pre-installation condition.
(b)
If said decommissioning has not been completed within the requisite
six-month period, then the Township's Zoning Officer shall provide
written notice by certified mail to the landowner requiring that decommissioning
be completed within 30 days of the receipt of said notice.
(c)
If the decommissioning has not been completed within 30 days
of the receipt of said notice, the Township may either undertake the
decommissioning and charge the landowner and/or facility owner and
operator for all the costs and expenses thereof, including reasonable
attorney's fees, or take appropriate legal action to compel the decommissioning.
All costs incurred by the Township shall be billed to the landowner
and, if not paid within 60 days of billing, shall become a lien against
the against the property.
