O09-11

09-11

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING CHAPTER 94, ZONING, IN THE CODE OF THE BOROUGH OF MERCHANTVILLE

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Merchantville, County of Camden, and State of New Jersey, that Chapter 94, Zoning, in the Code of the Borough of Merchantville is hereby amended as follows:

ARTICLE I. ARTICLE III. SECTION 94-9 Antennae.

A. Purpose. This section, entitled the Antenna, is intended to provide regulations, standards and procedures for the use, dimensions and placement of antennas within the Borough of Merchantville. The purpose of this provision is to promote the public health, safety, welfare, aesthetics and maintenance of a desirable visual environment as that term is used in N.J.S.A. 40:55D-2i. The right of a private property owner to use an antenna is recognized subject to the terms and conditions of this section. The regulations imposed by this section are intended to permit such use in harmony with the intent and purpose of the Borough’s Zoning Code and Master Plan and the FCC objective to promote interstate satellite recovered communications.

B. Use. Antenna, including structural supports, shall be permitted as an accessory use provided that the Antenna conforms to the requirements of this section. An Antenna is permitted as an accessory use only on a lot that contains a principal structure.

C. Definitions. For the purposes of this section the term “Antenna” shall mean any and all satellite dish antennae along with any antenna designed for the reception of television and/or radio signals. Such definition expressly excepts antennae utilized in conjunction with the reception and/or transmission of cellular telephonic signals.

D. Permits and Approvals.

1. A building permit shall be required for the installation of any Antenna having a diameter greater than thirty-nine and thirty seven one hundredths inches (39.37”) or which does not comply with the requirements of this section.

2. Submission Procedures. For any Antenna which requires a building permit pursuant to Section D(1), a property owner shall submit an application and a plan to the Construction Official. The application and plan shall include the following information:

a. The location of the proposed Antenna;

b. Engineering drawings of the proposed Antenna demonstrating its method of support and its foundations;

c. The method of installation;

d. The materials to be used;

e. The height and diameter of the Antenna and related structures;

f. The location of all existing buildings and structures and all accessory buildings or structures on the lot, if any;

g. All existing and proposed plantings and/or fencing intended to provide screening;

h. The lot and block number(s) of the lot(s) from the Borough of Tax Map, and the length and bearings of the lot lines of the property in question;

i. Any and all information deemed necessary by the zoning/construction official to meet any other requirements of this Ordinance not listed above.

E. Design Standards Antennas, as accessory uses, shall be permitted as follows:

1. Antennas having a diameter not more than thirty-nine and thirty seven one hundredths inches (39.37”)(“Small Antenna”):

a. May be located in any zoning district;

b. Must be installed in a location where such Small Antenna shall not be visible from the right of way provided such location does not prevent the reception of an acceptable quality signal or impose unreasonable expense or delay.

c. May be roof-mounted, building-mounted or ground-mounted;

d. If roof-mounted or building-mounted, the Antenna may not project more than three (3) feet above peak of a roof in the case of a peaked roof or more than three (3) feet above the flat roof line in the case of a flat roof;

e. If roof-mounted on a peaked roof or if building-mounted, the Antenna shall be mounted on a roof or wall surface which faces a rear or side yard and if roof mounted on a flat roof, the satellite dish antenna shall be mounted on the center of the roof structure;

f. If roof-mounted, building-mounted or ground mounted, the Antenna shall not be visible from the public right-of-way;

g. If ground-mounted, may be placed on a pole, and;

h. If ground-mounted, must be set back from rear and side property lines at least: (i) six (6) feet, or (ii) the height from the ground to the highest point of the Antenna, whichever distance is greater.

2. Antennas having a dish diameter greater than thirty-nine and thirty seven one hundredths inches (39.37”), but not more than two (2) meters or seventy eight and seventy four one hundredths inches (78.74”) (“Large Dishes”):

a. May be located in any zoning district in which commercial or industrial uses are permitted;

b. Must be ground-mounted only and located in the rear or side yard;

c. May not be visible from the public right-of-way;

d. May not be located in any required buffer area;

e. Must be set back from rear and side property lines at least (i) six (6) feet or (ii) the height from the ground to the highest point of the Antenna whichever distance is greater;

f. May not be pole-mounted; and

g. In the case of a satellite dish antenna, must be erected so that the bottom of the Antenna is no more than thirteen (13) inches above the ground.

3. Antennas utilized for the non-commercial transmission and reception of radio signals shall be permitted as an accessory structure provided any structure erected to accommodate such antenna shall be the minimum height necessary to enable the successful transmission and/or reception of radio signals but in no event shall such structure exceed the height of the principal structure to which such use is accessory.

4. For purposes of applying Sections E(1)(g), E(2)(d) and E(2)(f) “ground” shall exclude any berms, hills, mounds or like conditions that are located in such area.

5. In the event of an assertion that any limitation contained herein results in the prevention of the reception of an acceptable quality signal or imposes unreasonable expense or delay on the Applicant, it shall be the Applicant’s burden of proof to establish such assertion to the satisfaction of the Board.

6. Prohibited Diameter. Any Antenna having a dish diameter greater than two (2) meters or seventy eight and seventy four one hundredths inches (78.74”) inches is prohibited.

7. Exception to Design Standards. The design standards shall not apply to any public law enforcement apparatus, public safety apparatus or installations mounted within a fully enclosed principal building.

8. Screening. To the extent feasible given the locational requirements of receiving antennas, any ground-mounted Antenna shall be screened so that it is not visible from an adjacent residential property at ground level. Screening may be by use of opaque fencing, or shrubbery, or both.

9. Foundations. Any ground-mounted Antenna shall be erected on a secure ground-mounted foundation.

10. Construction. All Antennas shall be constructed to withstand wind velocities of at least one hundred (100) M.P.H. and are subject to any additional construction requirements imposed under the New Jersey Uniform Construction Code.

11. Reception. Antennas shall be placed in such a manner so that they do not interfere with the reception of neighboring properties.

12. Any connection, whether electrical or otherwise, from an Antenna to the principal building or structure shall be by underground cable.

13. Any Antenna shall be used only by the occupants or residents of the principal building or structure on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties.

F. Number. In the case of satellite dish antennas the following shall apply:

1. Residential Districts. There may be one (1) Small Dish for each dwelling unit on a lot. In addition to the permitted Small Dishes, there may be no more than one (1) Large Dish for each building on a residential lot.

2. Business Districts. There may be one (1) Small Dish for each business use on a lot. In addition to the permitted Small Dishes, there may be no more than one (1) Large Dish for each building on a lot.

g. Fees. The fee for an application to erect a satellite dish antenna shall be as set forth in the Section 94-108 of this Chapter.

ARTICLE II. ARTICLE XVII. SECTION 94-108 Fees.

C. Fees enumerated.

9. Satellite Dish Antenna. A fee of ____________ ($00.00) dollars shall be submitted with each application for a satellite dish antenna to be erected pursuant to Section 94-9, together with an escrow fee of _____________ ($000.00) dollars.

ARTICLE III.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE IV.

This Ordinance shall take effect upon passage and publication according to law.

THE BOROUGH OF MERCHANTVILLE

BY:

FRANK M. NORTH, MAYOR

ATTEST:

DENISE BROUSE, BOROUGH CLERK

The foregoing ordinance was introduced by Mayor and Council at its regular meeting held on May 11, 2009. This Ordinance will be considered for adoption on final reading and public hearing to be held on June 8, 2009 at 7:30 p.m. in the Council Meeting Room, One West Maple Avenue, Merchantville, New Jersey.

The purpose of this Ordinance is to make certain revisions to the Zoning Ordinance as it pertains to antennae in the Borough of Merchantville. A copy of this Ordinance is available at no charge to the general public between the hours of 8:30 AM to 4:30 PM, Monday through Friday (Legal Holidays excluded), at the Office of the Borough Clerk, Merchantville Borough Hall, One West Maple Avenue, Merchantville, New Jersey.