Bergenfield City Zoning Code
ARTICLE VI
Zoning Regulations and Establishment of Zones
§ 186-36 Enumeration of zones.
[Amended 10-3-2019 by Ord. No. 19-2556; 10-3-2019 by Ord. No. 19-2557; 3-15-2022 by Ord. No. 22-2594]
A.
For the purpose of this chapter, the Borough of Bergenfield is hereby divided into the following zones:
R-40 | 40,000 square feet Residential One-Family Dwelling Zone | |
R-15 | 15,000 square feet Residential One-Family Dwelling Zone | |
R-6 | 6,000 square feet Residential One- and Two-Family Dwelling Zone | |
R-5 | 5,000 square feet Residential One- and Two-Family Dwelling Zone | |
R-M | Garden Apartment Zone | |
R-S | Senior Citizen Apartment Zone | |
B-1 | Retail Business Zone | |
B-2 | Business and Professional Zone | |
B-1 AHO | B-1 Affordable Housing Overlay Zone | |
B-2 AHO | B-2 Affordable Housing Overlay Zone | |
AHO | Affordable Housing Unmet Need Overlay Zone | |
M | Light Industrial and Automotive Zone | |
P | Parks and Public Purposes Zone | |
IH | Inclusionary Housing Zone |
§ 186-37 Schedules.
A.
A Schedule of Zone Uses and Limitations is attached hereto and is hereby made a part hereof and marked "Schedule A." The limiting schedule is attached hereto and made a part hereof and marked "Schedule B."[1]
[1]
Editor's Note: Schedules A and B are included at the end of this chapter.
B.
Notwithstanding the limiting schedule, all one-family houses in major subdivisions shall be erected on parcels of land not less than 6,000 square feet in area, with frontages of 60 feet or more and with side yards of 7 1/2 feet or more.
§ 186-38 Zoning Map.
The boundaries of all zones shall be as shown on a map attached to and made part of this chapter and titled "Zoning Map, the Borough of Bergenfield," dated January 1979. Said Map and all notations and references thereon are hereby incorporated into and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Borough Clerk.
§ 186-39 Zone boundaries.
Zone boundary lines are intended to follow the center lines of streets, railroad rights-of-way, streams, and recorded property lines, except where indicated otherwise by dimension or other notation on the Zoning Map. Where zone boundaries are not fixed by dimension or other notation and where they approximately follow property lines or other natural features and do not scale more than 25 feet distant therefrom, such property line or natural feature shall be deemed to be the location of the zone boundary.
§ 186-40 Regulations applicable to all zones.
A.
No building or structure shall hereafter be erected, and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land or building or structure be used or occupied for any purpose, other than those listed as permitted uses for each zone, except in accordance with the requirements of this chapter.
B.
No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity to the dimension area and bulk requirements, off-street parking and loading requirements, and all other regulations set forth in this chapter for the zone in which such building or space is located.
C.
No lot in a one-family dwelling zone shall have erected upon it more than one principal residential building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
D.
In all residential zones, the height of any accessory building shall in no case exceed the height of the principal building, and no accessory building shall contain a dwelling unit.
E.
When a secondary building is attached to a primary building, the total building shall comply in all respects with the yard requirements of this chapter for the primary building. Detached accessory buildings shall be located to the rear of the front building line of the primary building, and if any part thereof is located in a side yard area, the accessory building shall conform to the side yard requirements of the schedule.
F.
At the intersection of two or more streets, no hedge, fence or wall (other than a single post, or tree trimmed to 12 feet above curb level) which is higher than 2 1/2 feet above curb level, nor any obstruction to vision of a motorist shall be permitted in the triangular area formed by the intersecting street lines and a line joining points on the street lines 25 feet distant from their intersection.
G.
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings (except in R-5, see Schedule B). All portions of a through lot (extending through between two parallel streets) which front on a public street shall be subject to front yard requirements of the zone in which it is located.
[Amended 7-17-1979 by Ord. No. 1134]
H.
Where a building lot has frontage on a street which the Master Plan of the Borough indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
I.
Business structures or uses shall not display goods for any sale purpose or contain coin-operated vending machines of any type in any location which would infringe upon the required yard area specified in this chapter. Telephone booths shall not be considered vending machines.
J.
All required open space, yards, off-street parking and loading, and landscaping must be contained within the zone in which the use is permitted.
K.
Building lot to abut street.
[Amended 7-17-1979 by Ord. No. 1134]
(1)
No permit for the erection of a building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall be an existing state, county or municipal street or highway, or a street shown upon a plat approved by the Planning Board, or a street on a plat duly filed in the office of the county recording officer prior to the passage of this chapter or its predecessor or any prior law which required prior approval of plats by the Borough Council or other authorized body. Before any such permit shall be issued, such street shall have been certified by the Construction Official or by such Board or agency having jurisdiction over the issuance of such permit to be suitably improved to the satisfaction of the Borough Council, or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvements approved by the Borough Council, as adequate in respect to the public health, safety and general welfare of the special circumstances of the particular street.
(2)
Appeals from § 186-40K. Where the enforcement of the Subsection K(1) would entail practical difficulty or unnecessary hardship, or where the circumstances of the case do not require the building or structure to be related to a street, the Board of Adjustment may upon application or appeal vary the application of Subsection K(1) and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or a general circulation plan element of the Municipal Master Plan pursuant to § 186-23B(4) of this chapter.
L.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner that the resultant lot or lots will conform with the provision of this chapter with respect to any existing structures or use and any then-proposed structures for use.
M.
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone, or electric service. However, all public utility facilities, such as pumping stations, repeater stations, and electric substations which require a structure above grade, shall be subject to the provisions of this chapter with respect to conditional uses as indicated in each of the respective zones.
N.
Communication towers and antennas.
[Added 9-30-1997 by Ord. No. 2219]
(1) ANTENNA COMMUNICATION TOWER PREEXISTING TOWERS AND PREEXISTING ANTENNAS TOWER
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
Includes any and all antennas and towers as defined in this section, together with other accessory structures and equipment associated therewith.
Any tower or antenna for which a building permit has been properly issued, or for which a contract, lease or other agreement has been awarded or entered into by the Borough Council, prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term shall include the structure and any support thereof.
(2)
Applicability.
(b)
This chapter shall not govern any tower, or the installation of any antenna, that is under 35 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas.
(c)
Lawful, preexisting, nonconforming towers and antennas, as hereinabove described, shall be entitled to the protections and limitations available to lawful, preexisting, nonconforming structures.
(3)
Locations permitted. A communication tower shall be a permitted conditional use in the B1, B2, M and P Zones within the Borough of Bergenfield, subject to the following conditions:
(a)
Communication towers shall only be permitted on property owned, leased or otherwise controlled by the Borough of Bergenfield.
(b)
The Borough of Bergenfield must give its consent before its property may be used for a communication tower. This consent shall be in the form of a resolution of approval adopted by the Mayor and Council of the Borough of Bergenfield.
(c)
No communication tower shall be erected or operated within the Borough except pursuant to a license issued by the Mayor and Council or a lease entered into between the operator of the facility and the Borough.
(d)
All communication towers shall meet the following requirements:
[1]
Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the Federal Aviation Administration, be painted a neutral color so as to reduce visual obtrusiveness.
[2]
Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
[3]
No signs shall be allowed on an antenna or tower.
(e)
No tower or antenna shall be permitted in any residential zones within the Borough.
(4)
Application procedure.
(a)
All applications for the construction or modification of towers or antennas within the Borough of Bergenfield shall be made to the Borough Zoning Officer who shall transmit copies to the Borough Clerk and the Borough Engineer.
(b)
The Zoning Officer shall review the application to determine if the proposed tower or antenna meets all of the conditions contained in § 186-40N. The Zoning Officer shall respond to each such application within 30 days of reviewing it.
(5)
Maintenance and abandonment.
(a)
All towers must 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 the authority to regulate towers and antennas; if such standards and regulations are changed, then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers or antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(b)
To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local Building Codes.[1] If, upon inspection, the Borough concludes that a tower 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 such tower into compliance with such standards. Failure to bring such tower into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(c)
In the event any communication tower shall be abandoned or not operated for a period of one year, the same may be removed, at the option of the Borough of Bergenfield, at the sole expense of the operator.
O.
The total amount of impervious coverage on any lot associated with any development shall not exceed the allowable limitation as set forth in Schedule B,[2] except that to discourage the use of bituminous asphalt or concrete, an additional 10% increase in coverage is permitted when a property owner replaces existing bituminous asphalt or concrete surface with brick pavers. By way of illustration, if a property owner removes 800 square feet of bituminous asphalt, 880 square feet of brick pavers would be allowed as a replacement impervious surface. This bonus provision is not available when a property owner seeks to enlarge, expand or extend impervious coverage on a lot. In order for pavers to be deemed pervious coverage, the following provisions must be met:
[Added 5-5-2020 by Ord. No. 20-2559]
(1)
An application must be submitted to the Zoning Officer with a new fully scaled survey in the name of the owner of the property. The survey must include the driveway, sidewalk, decks, sheds, all setbacks, lot coverage, improved lot coverage and proposed area to be covered with pervious, permeable or porous paver systems.
(2)
Dependent upon the manufacturer of the paver system, an applicant may be required to submit with the application all criteria and specifications of the paver system. A credit will be given for pervious coverage based on the data of said manufacturer as each manufacturer's allowable pervious percentage may be different. Each system will have an additional percentage of coverage as per manufacturer specifications. The total coverage must meet the Borough's bulk requirements.
(3)
An escrow of $1,500 will be required for the installation of a pervious, permeable or porous paver system for engineering and inspection fees. Said escrow shall be payable to the Borough and must be submitted with Form W9. Any monies remaining in escrow upon completion and approval of the project will be returned to the owner.
(4)
The owner of the property is responsible to maintain the paver system to function as designed. Failure to maintain the integrity of the system and schedule required inspections will result in the issuance of a summons under the Property Maintenance Code by the Department of Code Enforcement.
(5)
In the event of the sale of the home, the new property owner shall be responsible for the maintenance and integrity of the paver system and the scheduling of the required inspections.
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
P.
Affordable housing set-aside.
[Added 10-6-2020 by Ord. No. 20-2567; amended 3-15-2022 by Ord. No. 22-2593]
(1)
Every development that creates or generates five or more new residential units in a multifamily housing or mixed-use development shall deed restrict at least 20% of the total number of housing units as housing affordable to low- and moderate-income households as those terms are defined in N.J.A.C. 5:93, regardless if the housing units are to be offered as for-sale units or as rentals. This requirement is unwaivable. Any effort on the part of a developer to produce less than a 20% affordable housing set-aside for future developments not in the settlement agreement or Fair Share Plan is contrary to the public good and is a prima facie basis for the reviewing board to deny the development application in full. All such affordable housing generated pursuant to this section shall fully comply with Bergenfield’s Affordable Housing Ordinance, applicable Council on Affordable Housing regulations and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) with the understanding that 13% of all affordable units must be offered to households earning 30% of regional median income.
[Amended 4-19-2022 by Ord. No. 22-2598]
(2)
Every new development proposing rental housing units that is the result of a rezoning, use variance or the redevelopment of existing property that creates or generates five or more new residential units shall deed restrict no less than 15% of the total number of housing units in the development as housing restricted to and affordable by low- and moderate-income households as these terms are defined in N.J.A.C. 5:93. This requirement is unwaivable. Any effort on the part of a developer to produce a rental housing development consisting of less than a 15% affordable housing set-aside for future developments not in the settlement agreement or Fair Share Plan is contrary to the public good and is a prima facie basis for the reviewing board to deny the development application in full.
(3)
All such affordable housing generated pursuant to this provision shall fully comply with Bergenfield's Affordable Housing Ordinance and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.) with the understanding that 13% of all affordable units within each bedroom configuration must be restricted to households earning no more than 30% of the regional median income.
(4)
This provision does not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of Bergenfield or its boards or agencies to grant such rezoning, variance or other relief such as a designation that an area is in need of redevelopment to a developer.
§ 186-41 Prohibited uses.
A.
Any use not specifically permitted in a zone established by this chapter is hereby specifically prohibited from that zone. Any use of any building or premises in such a manner that the health safety or welfare of the community may be endangered, or any use which emits any excessive and objectionable amounts of dust, fumes, noise, color, smoke, vibration, glare or waste products is specifically prohibited. Determination as to compliance with the aforementioned standard should rest with the Zoning Officer.
B.
Pursuant to Section 31b of the Act, Class 3 cannabis wholesaler license, Class 4 cannabis distributor license, and Class 5 cannabis retailer license, as those terms are defined in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq., and implementing regulations set fort at N.J.A.C. 17:30 et seq., are hereby prohibited from operating anywhere in the Borough, except for the delivery of cannabis items and related supplies by a delivery services.
[Added 10-2-2018 by Ord. No. 18-2535; amended 5-4-2021 by Ord. No. 21-2581; 3-1-2022 by Ord. No. 22-2591]
§ 186-42 Preservation of natural features.
A.
No building or retaining wall may be erected nor any fill be placed within 20 feet of the center line of any stream, brook, or watercourse, nor any obstruction be created or constructed, nor the location or cross section be changed, nor any change in any manner be made to any stream, brook or watercourse which has been established and recorded on Borough maps, or as the same is shown on existing surveys on file in the Borough Clerk's office, without a written permit for such work obtained from the Construction Official in accordance with the provisions of Ordinance No. 792 and amendments thereto and a permit from the New Jersey Department of Environmental Protection.
[Amended 7-17-1979 by Ord. No. 1134]
B.
Application for a permit shall be made in writing in triplicate on a form provided by the Construction Official. The application shall be signed by the owner of the property. The application shall include in triplicate a plan prepared by an architect or professional engineer employed by the owner describing the proposed work, and such computations, plans and detailed drawings deemed necessary. The application should also indicate the starting date and the expected completion date of the project. Data in the supporting papers should include, but not be limited to, information as to width of existing stream, elevation of existing stream bed and adjacent banks slope of stream and the elevation of water at ordinary flow. The supporting papers should also illustrate and describe the design of the project. Nothing herein shall prohibit the owner of any premises from preparing his own plans, provided that the same is acceptable to the New Jersey State Division of Water Policy and Supply.
C.
The Borough shall collect a fee for each application filed and permit issued. Such fees are for the filing and processing of applications and plans, issuance of construction permits and for construction work inspection. The fee shall be $5 for each $1,000 or fraction thereof of the total cost of this proposed work, but not less than $20. The fee shall accompany the application and shall be paid before the construction permit is issued.
[Amended 7-17-1979 by Ord. No. 1134]
D.
After examination by the Construction Official and Borough Engineer, the application and plans will be submitted by the Borough to the New Jersey State Division of Water Policy and Supply for its consideration. Upon approval of both agencies, a permit shall be issued to the applicant to proceed with the work.
E.
In the event the application and plans are rejected by the Construction Official and Borough Engineer, the applicant shall have the right to take an appeal in writing to the Zoning Board of Adjustment within 65 days from the date of rejection. In the case of an appeal, a hearing shall be had on notice to the applicant who shall be afforded the opportunity to be heard. After such hearing the Zoning Board of Adjustment may affirm or reverse the action of the Construction Official and Borough Engineer. The findings and reasons for the disposition of the appeal shall be stated in the records of the Zoning Board of Adjustment, and the applicant shall be furnished with a copy of the decision, which shall be subject to approval as set forth in Subsection D.
F.
When plans contemplate structural work affecting public safety, the plan and the work shall be under the direction of a licensed professional engineer until completion. The applicant shall submit a statement to the Construction Official naming the engineer of record for structural work and an acknowledgment from the engineer of record accepting the assignment. This section shall not be interpreted to include municipal projects.
§ 186-43 Permitted yard area modifications.
A.
Front yards. In cases where the frontage on the same side of the street within 500 feet of the property is 50% or more developed, the required front yard area for a new structure shall be modified to the average for such existing development. Otherwise, the requirements shown in the Zoning Schedule B shall apply. In no case shall the front yard area be less than 10 feet except in the B1 District.
B.
Side and rear yards. Side and rear yard restrictions shall not apply to an accessory building situated on the rear of a lot and extending no nearer to the street line than the rear of the principal building. In such case, the minimum width may be reduced to three feet, subject, however, to the provisions of § 186-40G of this chapter regulating corner and through lots.
C.
Permitted height modifications. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, and domes not used for human occupancy when these do not at their level of height limitation exceed more than 15% of the coverage of the building of which it is a part, and where such modification does not, in the opinion of the appropriate Board, interfere with or in any way serve as a detriment to adjoining properties.
D.
Chimneys, ventilators, skylights, water tanks, television and radio antennas and similar features, and necessary mechanical appurtenances usually carried on above the roof level may exceed the height limitations of this chapter by not more than 20 feet.
§ 186-44 Buffer strip requirements.
A.
All commercial, industrial, and apartment uses adjoining or abutting a residential, institutional or public uses or zone shall provide a buffer strip on the side or sides facing said use or zone.
[Amended 12-15-1987 by Ord. No. 2038]
B.
The depth of the buffer strip shall be at least six feet in width or 5% of the lot width or depth as the case may be, whichever is greater. However, the buffer zone need not exceed 15 feet.
C.
No principal or accessory structure nor any off-street parking or loading areas or other use shall be permitted within the buffer strip.
D.
No access or driveways shall be permitted within the buffer strip except for corner lots, where one such driveway shall be permitted.
E.
Said buffer strip shall be kept in its natural state where wooded, and, when natural vegetation is sparse, plant material at least six feet in height or a solid or tightly woven fence or both may be required so as to provide a year-round visual screen by the approving authority, which to the satisfaction of the Construction Official or the Planning Board shall adequately block the visibility of such use from the abutting residential, institutional or public zone. Said planting may be placed in suitable areas in the buffer zone as shall be required by the approving authority.
[Amended 7-17-1979 by Ord. No. 1134]
§ 186-45 Fences.
A.
No open fence hereafter erected, altered or reconstructed in any zone may exceed 36 inches in height above the curb level, nor any solid fence 30 inches above curb level, when located within 25 feet of the intersection of two street lines.
B.
No fence hereafter erected, altered or reconstructed in any business or residential zone shall exceed a height of six feet above ground level.
C.
No fence hereafter erected, altered or reconstructed in any industrial zone shall exceed a height of eight feet above ground level.
D.
The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, public playground, or public school. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided that such wall does not exceed heights to be measured from the ground level of the highest adjacent grade.
E.
In no case shall any barbed wire or other spines, chipped glass or other similar devices be used in conjunction with or as a part of any fence or retaining wall constructed or maintained within the Borough.
F.
The use of canvas or cloth for fences is prohibited.
G.
All fences must be erected within the property lines, and no fence shall encroach on any public right-of-way.
H.
All fences shall be maintained in a safe, sound and upright condition.
I.
If the Construction Official, upon inspection, determines that any fence or portion of any fence is not maintained in a safe, sound, upright condition he shall notify the owner in writing of his findings and state briefly the reasons for such findings and order such fence or portion of fence repaired or removed within 15 days of the date of the written notice.
J.
A permit shall be obtained from the Construction Official after approval of the Zoning Officer for the erection, alteration or reconstruction of any fence with a height of more than two feet six inches above grade.
[Added 2-24-1998 by Ord. No. 2225]
K.
The fee for a permit for erection of a fence is $40. No fee shall be required for the repair of any existing fence.
[Added 2-24-1998 by Ord. No. 2225]
L.
Each application for a fence permit shall be filed on forms furnished by the Construction Code Department and shall be accompanied by a sketch on a copy of the property survey indicating the proposed location and dimensions of the proposed fence.
[Added 2-24-1998 by Ord. No. 2225]
M.
With the exception of only open fences and embankment obstructions, no landscaping or fence shall be located within a required sight triangle.
[Added 12-29-2005 by Ord. No. 05-2365; amended 10-2-2018 by Ord. No. 18-2532]
§ 186-46 General landscaping requirements.
A.
Enclosed uses.
(1)
Any enclosed use required by this chapter to be landscaped in accordance with this section shall provide a fence no less than three feet high, nor greater than six feet in height or a visual screen, designed to produce a dense cover consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than six feet, located and maintained in good condition within a specified distance of the property line or as shall be determined by the approving authority. The approving authority, in the alternative, may require a landscaped earth berm not less than five feet in height.
(2)
Any use which is not conducted within a completely enclosed building, such as required off-street parking, shall be entirely enclosed by a solid or closely woven fence, six feet high or by evergreen hedges or shrubs spaced at intervals of not more than six feet, located and maintained in good condition within a specified distance from the property line or the zone district boundary line or as shall be determined by the approving authority. In the alternative, the approving authority may require a landscaped earth berm not less than five feet in height.
B.
Maintenance. Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this chapter. Failure to maintain fencing or to replace dead or diseased landscaping or any refuse which may collect therein shall be considered a violation of this chapter. The number and spacing of plantings shall conform to the minimum number and size specified on an approved site plan, if one is on file for the site. The owner or tenant, if only one tenant has a lease on the property, shall maintain the plantings, keep the area free from trash and debris and maintain drainage facilities in working condition.
§ 186-47 Other required conditions.
A.
Required area or space cannot be reduced. The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and, if already existing, as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
B.
Frontage upon a street. Every principal building shall be built upon a lot with frontage upon an improved and approved street in accordance with the street standards established by the Borough of Bergenfield. If the street is not improved, the applicant at his own expense shall provide curb, sidewalks, drainage, sewer and pavement improvements conforming to the minimum standards established by the Borough Engineer.
C.
Maximum improved lot coverage.
[Amended 7-17-1979 by Ord. No. 1134]
(1)
The improved lot coverage is the percentage of lot area which is improved with principal and accessory buildings, structures and uses including but not limited to driveways, parking lots, garages and other man-made improvements.
(2)
The maximum improved lot coverage shall not exceed the percentage indicated in Schedule B herein for each zone district designated.[1]
[1]
Editor's Note: Schedule B is included at the end of this chapter.
§ 186-48 Signs and billboards.
[Amended 7-17-1979 by Ord. No. 1134; 12-15-1987 by Ord. No. 2038; 2-1-2000 by Ord. No. 2239]
A.
Purpose. For the protection of property values and the character and stability of the various business, residential and industrial districts of the Borough and for the protection of property values and the enhancement of the Borough as a place of business, residence and employment, the following requirements are set forth regulating signs in the Borough of Bergenfield.
B. SIGNS(1) (2) (3) (4) (5) (6) (7) (8)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Includes every sign, billboard, freestanding sign, wall sign, security gate, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning, canopy and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. Notwithstanding the foregoing descriptions, signs shall only be permitted as specifically set forth herein. Signs shall include the following:
AWNINGThis word shall be used interchangeably with "canopy." This shall include any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door or entrance and is attached to the face of a building.
CANOPYThis word shall be used interchangeably with "awning." Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door or entrance and is attached to the face of a building.
ROOF SIGNA sign attached to roof framing, walls, and/or columns of the building on which the entire advertising display is above the roof level.
FREESTANDING SIGNAny sign not affixed to a building but standing apart therefrom whether fixed to the realty or movable.
PROJECTING SIGNA sign other than a wall sign suspended from or supported by a building or structure or sign structure and projecting out therefrom.
TEMPORARY SIGNA sign of cloth, paper, or other combustible material, with or without a frame, which is attached within the window area.
WALL SIGNAny sign attached to or erected against, or painted upon the exterior wall of a building or structure, so that the display surface of the sign is parallel with the plane of the wall.
WINDOW SIGNAny sign that is painted upon a window or is placed in a window in such a manner that it is intended to be viewed by the public.
C.
General regulations.
(1)
No sign shall be erected in such a manner as to confuse or obstruct the view or interpretation of any official traffic sign, signal or device, nor obstruct free and clear vision of an intersection.
(2)
No sign containing the colors red, green, and amber, which are illuminated, or appear illuminated by use of a special preparation, such as reflective paint, shall be located within 60 feet of any intersection wherein a traffic light is present.
(3)
Only signs which are incidental to the use of the property or which advertise the business or merchandise for sale on the premises, or the process of manufacture conducted on the premises, shall be permitted.
(4)
No sign, other than a sign constructed by a public authority, may use the words "stop" or "danger" in such a manner as to imply the need or requirement of stopping, caution, or the existence of danger.
(5)
Signs may be illuminated, where specifically indicated in this chapter. Such illumination may be internal or external, but in no event shall such illumination be by flashing, rotating or intermittent lights. All illuminated signs shall be shielded so as to prevent glare, and no sign shall be illuminated by lighting of intermittent or varying intensity, nor shall any sign be of any illumination color light other than white. No animation shall be permitted other than such action signs containing time and temperature changes.
(6)
Lights, flashing devices, strobes or other similar devices placed in or near a window, and operated in such a manner so as to draw attention to the store or items therein, shall be deemed signage and shall not be permitted. No window lighting which is not intended to illuminate signage and is intended only to beckon the public shall be permitted.
(7)
Signs for multi-tenant commercial buildings may be divided in proportion to the leased space available. In no event shall the total sign area shall exceed the maximum area permitted for the building. Existing signs may need to be reduced in area to allow sign area for additional tenants in the same building.
(8)
No sign may obstruct any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, access, ingress, or egress from any building or structure.
(9)
The outdoor use of pennants, windmills, banners, flashing or animated signage is prohibited, except that banners, streamers, flags and bunting may be used in conjunction with the opening of a business, in which event such banners, streamers, flags and bunting may be posted for a period not to exceed 14 days from the opening of said business.
D.
Permits required. No sign shall hereafter be erected, re-erected, constructed, altered, or maintained, except as provided in this chapter and a permit for the same has been issued by the Construction Code Official.
E.
Application procedure.
(1)
Plans and detailed information shall be submitted with each application for a sign permit, stating the weight and dimensions of the sign, the materials incorporated in its construction, the methods and materials used to support the sign, the type of illumination, if any, and its exact location on the building or premises. A sketch in color of the proposed sign, drawn to a scale of not less than 1/4 inch to one foot, shall be provided.
(3)
All illuminated signs shall bear the label of the National Board of Fire Underwriters, or other similar national testing agency, so as to attest to the proper construction. The necessary electrical inspection certificate of approval shall be submitted before the sign is lighted.
(4)
The application for permit shall be accompanied by the written consent of the owner or lessee of the property.
(5)
A permit fee shall be paid prior to the erection of each sign requiring a permit. Said fee will be in accordance with applicable fee schedules as prescribed by the Borough of Bergenfield.
(6)
A certificate of insurance with at least $1,000,000/$3,000,000 coverage and a hold-harmless clause addressing the Borough of Bergenfield shall be required from all sign erectors.
F.
Exempt signs. No permit shall be required for the signs as follows:
(2)
Temporary signs pertaining to sale or lease of a lot, building, or construction of a building on the property on which it is placed, when same are placed as otherwise required herein and provided that same have the prior approval of the Municipal Construction Code Official.
(3)
Signs identifying a church, public building or playground, situated on the property to which it relates.
(4)
Federal, state, county and municipal signs and historical markers.
G.
Signs permitted in residential zones shall only be the following:
(1)
One name plate, which may be internally illuminated and may include the address, situated within the property lines and not exceeding one square foot in area on either of two sides.
(2)
One sign, which may be internally illuminated, identifying a permitted residential professional office, which shall indicate only the name and profession of the resident, shall be situated not closer than 10 feet from any property line, and shall not exceed two square feet in area on either of two sides.
(3)
One sign, which may be illuminated, identifying a church, public building, playground, or other such permitted use, which is situated on the property to which it relates, not less than 25 feet from a street (unless the building is closer than that to the street, in which case, it shall be not less than 1/2 the distance from building to street) and does not exceed 10 square feet in area on either of two sides.
(4)
One temporary sign indicating that the property on which it is located is for sale or lease. Such sign shall not be illuminated, shall not exceed three square feet on either of two sides, and shall be situated not closer to the front property line than 1/2 the distance between the building and the front property lines, nor 10 feet from the side property lines, and shall not be placed on trees. If there is no structure on the property, the sign shall not be closer than 10 feet from any property line. All such signs shall be promptly removed when the premises are sold or rented. No signs shall be posted, or added to a sign indicating that a property is for sale or lease, which announces the property as having been sold or leased. Signs shall include only the name of a real estate broker or agent and shall designate a telephone number to call. Temporary signs pertaining to the sale or leasing of property shall include no other information and shall not include additional advertising, photographs, descriptive terms, agency mottoes, sales information, additional signage, or a dispenser for flyers or documents.
(5)
One temporary sign pertaining to the development of multiple residential structures on a group of adjacent lots or properties, which shall not be illuminated, shall not exceed 20 square feet in area on either of two sides, and shall be situated not closer than 10 feet from any property line. Such signs shall be removed upon the sale of the last lot or home but in no event may be posted on the property or properties for in excess of 120 days and, once removed may not be posted on the same lot or group of lots for a period of 180 days from the date of removal. In no event shall such sign be affixed to a tree.
(6)
Identifying signs relating to an apartment complex, which may include the name of the development, the presence or lack of vacancies, the location of the rental agent's office and his telephone number, and the project address. Such signs shall not exceed 25 square feet in area on either of two sides, and may be illuminated. Such signs may be located in any of the required yard areas but shall not be closer than 25 feet to a property line or street line (unless the building is closer than that to the street, in which case it shall be not less than 1/2 the distance from building to street).
(7)
One temporary sign which may be posted by a contractor, with the consent of the property owner, indicating that said contractor is performing work upon the premises where the sign is located. Said sign may be posted only upon the issuance of a building permit for the work which the contractor is performing and must be removed upon the completion of the work or within 60 days, whichever is less. If a lawn sign, such sign shall not be illuminated, shall not exceed three square feet on either of two sides, and shall be situated not closer to the front property line than 1/2 the distance between the building and the front property lines, nor 10 feet from the side property lines. Such sign may also be a one-sided, nonilluminated sign of no greater than six square feet which may be affixed to the subject construction only. In no event shall any sign under this section be affixed to a tree.
(8)
Signs relating to public elections which shall be posted no earlier than 30 days prior to the election date and which shall be removed not later than one week after the election date.
H.
Signs permitted in Business and Industrial Zones shall only be the following:
(1)
General. All signs permitted in residential areas. For the purposes of this chapter, windows in Business and Industrial Zones shall be display windows and shall display merchandise or provide service information to the public. Except for window signs, on a two-story or more building, ground floor signs shall not intrude on the second story as measured by the floor height of the second floor. If a use is on a corner, a sign may be placed on each facade; however, signs shall not be contiguous. In addition, one sign may be placed on the rear facade of an occupancy which faces a parking area which provides an entrance to the premises, subject to same size limitations of the front facade sign.
(2)
Principal signage. Signs permitted in Business and Industrial Zones shall include only one of the following forms of signage which may be affixed to the front of the premises:
(a)
Wall signs. One wall sign, which may be illuminated, upon the front facade of a building for each permitted use or activity. No sign shall cover more than 75% of the width of the front facade. The maximum size sign allowed will be 75% of the width multiplied by three square feet, except that no sign shall exceed 35 feet in length or three feet in height. In no event shall any wall sign, extend more than 14 inches beyond the building wall and shall be at least 10 feet above the sidewalk, and shall not be higher than the highest point of the parapet or facade of the building.
(b)
Freestanding signs. One freestanding sign shall be permitted when the main building is set back a minimum of 25 feet from the property line. Such sign shall not exceed an area of 25 square feet. Such signs shall be for no other purpose than identifying the facility and listing the individual occupants, and may be located within any required yard area, but shall not extend beyond any property line or obstruct vehicle vision, and shall not exceed eight feet in height. In multi-tenant buildings, the premises may contain a one-foot by three-foot designation on the door of each tenant. The area of such sign shall be considered to be the maximum height times the maximum width. In no event shall either dimension be more than twice that of the other.
(c)
Window signs. A window sign shall be permitted which may be painted upon the window and not exceed the signage dimensions set forth for wall signs. In the event that a window sign is utilized, there shall be a reduction in the area of the permitted window sign for any temporary signage utilized on the premises, and in no event shall the total of the window sign and/or temporary sign exceed 25% of any window pane area.
(d)
Awnings or canopy sign. One awning/canopy is permitted subject to the following conditions:
[1]
Canopies or awnings must have a clearance of at least 10 feet above the sidewalk. Canopies or awnings may not project further than 14 inches into the right-of-way or greater than 14 inches off the face of a structure, whichever is less.
[2]
All canopies or awnings must be of a single, neutral color and be constructed of nonglare canvas or "canvas-look" material which has a fire-resistant rating. In no event shall awnings or canopies be made of any Day-Glo, fluorescent, or multicolor material.
[3]
An awning/canopy may contain lettering subject to the same size constraints as a wall sign.
(3)
Supplemental signage. In addition to the foregoing, signs permitted in Business and Industrial Zones may include the following subject to the conditions set forth herein:
(a)
Projecting signs. One projecting sign will be permitted for each business subject to the following limitations:
[1]
Maximum size shall be five square feet as measured on one side.
[2]
No more than a 2:1 ratio as to height and width shall be permitted.
[3]
Maximum extension from facade shall be three feet including brackets or supports.
[4]
There shall be no internal illumination.
[5]
The bottom of the sign must measure 10 feet from the ground.
[6]
The sign shall have a maximum of two display surfaces.
[7]
The square footage of a projecting sign as measured on one side shall be deducted from the front facade maximum allowance, window sign allowance, canopy or awning sign allowance, or freestanding sign allowance, whichever is applicable.
(b)
Temporary signs. Temporary signs advertising sales, premiums or other temporary activities may be mounted on the window or door surfaces of a structure, in the Business and Industrial Zones, provided that the total area of such signs at any time does not exceed 25% of each window pane area. Such signs are to be of a temporary nature and may not remain upon any window for in excess of 10 days.
I.
Special exception uses.
(1)
Motor vehicle service stations — only the following: one freestanding identification sign which does not exceed 25 square feet in area on either of two sides, not more than 20 feet in height. Such sign may be set at the corner of the property if the station is a corner location, in which case the base shall be set in a planted area. If the station is an interior location, then the sign may be erected in any required yard area, but shall not extend over the property line.
(2)
Time/temperature signs, provided that such sign does not exceed 36 square feet in area and provided further there is at least 13 feet of clearance from the street and no other such device exists within 500 feet.
J.
Cessation of business/use. All signs, awnings, canopies, wiring, sign boxes, electrical boxes, supports and appurtenances shall be removed within 30 days after the business to which it is accessory ceases to operate under the name reflected on the sign by the lessor or the lessee. The property owner, or a subsequent tenant, may seek to restore said signage, whether it is conforming to the then current Zoning Code or not, within six months of the cessation of the business, provided that the property owner or subsequent tenant can provide proof and documentation as to the type and dimensions of the prior signage. If a subsequent tenant or user does not seek to restore nonconforming signage within six months, or fails to provide proof as to the dimension and type of the prior signage, said nonconforming signage shall be deemed abandoned, and all new signage shall be in conformance with the then applicable code.
K.
Replacement or relocation of signs on nonconforming uses in residential areas. Any new, altered, or relocated sign pertaining to a nonconforming use in a residential zone shall conform to the restrictions governing the use if it were in a business or industrial zone, except that the permitted sign area would be 1/2 that which would be permitted if the use were located in the business or industrial zone.
L.
Maintenance. The Construction Code Official shall require the proper maintenance of all signs and shall inspect every sign for which a permit has been issued within 30 days after it is erected. All signs, together with all of their supports, shall be kept in repair and in a proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted at all times. The Construction Code Official may order the removal of any sign that is not maintained in accordance with the provisions of this chapter.
M.
Signs not permitted in any zone. The following signs shall be prohibited in all zones: billboards, roof signs, portable A-frame signs, any signs in the public right-of-way, inflatable signs, signs directing persons to open houses or similar activities. Mechanically retractable awnings and canopies, whether operated by hand or motor and whether containing signage or not, shall be prohibited in all zones of the municipality.
N.
Miscellaneous provisions.
(1)
The use of signs crossing Borough or county rights-of-way is prohibited, except that eleemosynary institutions may apply to the Zoning Board of Adjustment for a sign crossing a right-of-way. Should an institution elect to repeat the same sign use in a subsequent year for which it had previously received approval from the Zoning Board of Adjustment and the conditions of the proposed repeat use are identical to the use for which the previous use was granted, the Zoning Officer may issue an administrative approval upon receipt of a completed application, permission from any affected utility company, certificates of insurance and compliance with any other terms or requirements included in the previous approval.
(2)
Storefronts which become vacant shall be cleaned of all trash and debris at the front display windows. The property owner or tenant shall install a temporary screen that shall obscure all windows upon the premises which shall be painted or otherwise decorated with floral or country scenes that shall be erected to prevent visual exposure of the areas behind the screen. The top of the screen shall be not less than six feet above the adjacent sidewalk area. "For Sale" or "For Rent" signs shall be posted only on a door into the premises and shall not exceed six square feet in size. One such sign shall be permitted on each side of a building that contains a door providing ingress and egress to the subject space.
(3)
Display windows shall not be used to store or warehouse merchandise which is excess stock.
O.
Security gates.
(1)
Roll-up, folding or sliding security gates, if installed to cover open areas, shall be of the open-mesh type having typical openings of not less than three inches by 12 inches. The mesh shall not cover more than 25% of the projected surface area for other patterns. Security gates shall contain no signage, printing or lettering of any sort.
(2)
Gate storage shall not project beyond the front of the building. All gates, tracks, assemblies, etc., shall be installed within the building structure and be concealed from view when the gate is not in use. Vertical ceiling gates shall be contained in a housing mounted to roll up into the building. Folding or accordion gates and horizontal sliding panels shall be designed to be concealed in pockets or behind doors to be completely out of sight when the facility is open for business.
P.
Enforcement. This section shall be enforced by the Zoning Officer, Construction Code Official or other member of the Bergenfield Building Department as shall be designated by law.
§ 186-49 Off-street parking and loading areas.
[Amended 12-15-1987 by Ord. No. 2038; 12-29-2005 by Ord. No. 05-2365; 9-5-2006 by Ord. No. 06-2376; 7-15-2008 by Ord. No. 08-2406; 10-2-2018 by Ord. No. 18-2532; 10-3-2019 by Ord. No. 19-2556; 10-3-2019 by Ord. No. 19-2557; 6-18-2024 by Ord. No. 24-2626]
A.
Type of building or use.
(1)
Residential buildings shall comply with the parking requirements set forth in N.J.A.C. 5:21-4.14(b), and its corresponding table, Table 4.4.
(a)
In the event that a particular dwelling type contains more bedrooms than is set forth in N.J.A.C. 5:21-4.14(b), and its corresponding table, Table 4.4, the following shall be complied with by its owner:
Housing Unit Type/Size | Parking Requirement Per Dwelling Unit |
|---|---|
Single-family detached | 0.5 per each bedroom in excess of 5 |
Two-family (duplex) | "Single-family detached" values shall apply to each unit |
Garden apartment | 0.1 per each bedroom in excess of 3 |
Townhouse | 0.1 per each bedroom in excess of 3 |
High rise | 0.7 per each bedroom in excess of 3 |
Mobile home | 0.2 per each bedroom in excess of 2 |
Retirement community | Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles |
Recreational homes (owner-occupied) | Values shall be commensurate with the most appropriate housing unit type and size noted above that the recreational homes (owner-occupied) resemble |
Mid-rise apartment assisted living | "Garden Apartment" values shall apply |
(2)
Parking on nondriveway areas on residential lots is prohibited.
(3)
Parking standards for auditoriums and assembly halls to be based on the number of seats unless no seats are provided, in which case parking is to be based on the ratio of the number of occupants based on occupancy load limitations established by the Construction Official/Fire Subcode Official.
(4)
Parking standards for retail: four per 1,000 square feet of gross floor area.
(5)
Industrial parking: one per 1,000 square feet of gross floor area.
(6)
Auditorium and assembly halls parking to be one parking space per three seats.
(7)
Restaurant parking to be one parking space per three seats.
(8)
Veterans Plaza: parking on the east side from the post office driveway north to be 60° angle parking only.
B.
The foregoing schedule of minimum requirements shall apply to off-street parking facilities in connection with uses commenced or buildings erected after the effective date of this chapter and shall apply to any extension, addition or enlargement of an existing building.
C.
When a building or use existed prior to the effective date of this chapter, off-street parking facilities required under the prior ordinance shall not be decreased.
D.
An off-street parking space shall consist of an area nine feet wide and 18 feet in length, exclusive of appurtenant passageways and driveways giving access thereto. All parking areas, passageways, and driveways (except when provided in connection with dwellings) shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the Borough Engineer. All aforementioned spaces shall be situated to provide free and clear access to all walkways, building entrances, and solid waste containers.
E.
All off-street parking areas shall provide a twenty-four-foot drive aisle so designed as to permit all vehicles to turn around on the site in order to avoid the necessity of backing any vehicle on to the Borough street from such site.
F.
Off-street parking areas located in all zones, other than one- and two-family residential containing space for 20 or more vehicles, shall be provided with shade trees of a type approved by the Borough's Shade Tree Commission and located not greater than 60 feet on center.
G.
In motor vehicle service establishments, no area on the lot which is required for the movement of vehicles in and about the building and facilities shall be used for complying with the parking requirements of this section.
H.
For the purpose of this section, "GLA" shall mean gross leasable area. If this data is not available, use 80% of gross floor area.
I.
When the computation to determine the number of required parking spaces results in a fractional space, any fraction including and up to 1/2 shall be disregarded, and any fraction over 1/2 shall require one additional parking space.
J.
For all other buildings or uses not specifically delineated in this schedule, the Planning Board shall determine the minimum required parking spaces and shall apply as a standard. Whenever applicable, to the type of building or use judged by the Planning Board to be most similar in nature and function to the proposed building or use not so listed.
K.
All parking areas and appurtenant passageways and driveways serving non-single-family/non-two-family uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided to protect adjacent property owners from glare of such illumination and from that of automobile headlights.
L.
Special exceptions for R-S Zone. In case of residential use in R-S Zone, one parking space per unit shall be required for senior citizen housing.
M.
Off-street loading areas.
(1)
No part of any off-street truck loading or unloading space shall be located within the right-of-way of the Borough street including the sidewalk area.
(2)
Off-street truck loading and unloading spaces shall be located and designed to permit any truck to maneuver from a driveway into and out of such space without encroaching upon any portion of a Borough street right-of-way.
N.
All residential parking shall comply with the New Jersey Residential Site Improvement Standards. Pursuant to N.J.A.C. 5:21-4.14(e), when housing is included in mix-use development, a shared parking approach to the provision of parking shall be permitted. Furthermore, if applicants can demonstrate there is sufficient overnight on-street parking in proximity to their site, applicants can apply those available spaces to their development on a nonexclusive basis.
O.
No driveway constructed, installed, expanded, modified and/or extended shall be wider than 19 feet or 40% of property frontage (not to exceed 25 feet), whichever is greater. Driveways shall be a minimum of two feet from the side line of the property on which the driveway is located and shall be landscaped.
P.
Circular driveways are not permitted on any lot with less than a one-hundred-foot frontage.
Q.
Only one drop curb shall be allowed on any lot having less than a one-hundred-foot frontage. On circular driveways, two drop curbs will be allowed on lots greater than one-hundred foot frontage.
R.
No drop curb shall be wider than 20 feet.
S.
All driveways must be paved with one of the following materials: concrete, asphalt, brick pavers, crushed stone (red or blue stone chips) and/or turf pavers.
T.
Driveways:
(1)
Width is limited to 19 feet or 40% of property frontage with a cap of 25 feet in width; maintain a setback of at least two feet from the property line.
(2)
No circular driveways on lots with less than 100 feet of frontage.
(3)
Limit of one curb cut for lots with less than 100 feet of frontage; circular driveways on lots with frontage of 100 feet or more permitted to have two curb cuts.
(4)
Curb cuts limited to maximum opening of 20 feet.
(5)
Driveway pavement to consist of one of the following: concrete, asphalt, brick pavers, crushed stone (red or blue stone chips) and/or turf pavers.
(6)
Any resident wishing to widen, alter, construct or repair a driveway with appropriate details and survey must obtain a permit from the Building Department.
(7)
Driveways constructed, installed or extended shall not interfere with and/or alter any existing Borough sidewalk.
U.
Any driveway constructed, installed, or extended shall not interfere with and/or alter any existing Borough sidewalk.
V.
The parking of vehicles on lawns or nondriveway areas is expressly prohibited on residential lots.
W.
All new one-family dwellings are required to provide at minimum a one-car garage.
X.
All new two-family dwellings are required to provide at minimum a two-car garage.
Y.
Conversion of any new or existing garage(s) into a living space is strictly prohibited.
§ 186-50 Satellite antennas.
[Added 3-6-1990 by Ord. No. 2074]
A.
Permit required. Any property owner, or person or entity in possession of the property, shall obtain a construction permit from the Construction Code Official prior to the placement of a satellite antenna on the property. No person shall install or permit to be installed any satellite antenna which does not comply with this chapter. No permit will be issued for more than one satellite antenna per lot.
B.
How to obtain a permit.
(1)
A construction permit may be obtained by providing the Construction Code Official with a plot plan and specifications showing the size of the dish, the proposed location of same on the subject premises, construction plans showing the foundation support details, the size and spacing of anchor bolts and the location of electrical conduits, and such other information as indicated herein.
(2)
The plot plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include the following information:
(a)
The name and address of the applicant and the owner and the name, address and the title of the person or entity preparing the plan and accompanying data, the date of preparation and the dates of each revision, where applicable.
(b)
An appropriate place for the signature of the Construction Code Official and Zoning Officer.
(c)
The lot and block numbers from the Borough Tax Map of the subject property, as well as the length and bearings of the lot lines.
(d)
The proposed location of the satellite antenna, as well as the location of all existing buildings and structures and all accessory buildings and structures, with dimensions showing present and finished grade elevations at all corners.
(3)
An application fee of $200 shall be submitted with all applications for a construction permit under this section. This fee shall not include fees for the services of appropriate construction subcode officials, which are regulated by separate ordinance.[1]
(4)
The Construction Code Official and/or the appropriate subcode official shall review the plan submitted and render a decision within 20 days of the submission of said plan or within such further time as may be consented to by the applicant.
C.
Construction requirements.
(1)
All ground-mounted installations must have an underground electrical conduit for power and signal wiring. Roof-mounted installations shall provide electrical conduit for all exterior wiring. All exterior wiring shall conform to the "weatherproof" standard as defined in the National Electric Code.
(2)
The satellite antenna shall be anchored in a solid concrete foundation if ground-mounted and on a secure foundation if roof-mounted so that in all cases the front face of the dish shall be capable of withstanding a static wind load of not less that 75 miles per hour. Design calculations shall be furnished by the applicant to indicate compliance with this subsection.
F.
Maintenance requirements; enforcement.
(1)
Every satellite antenna, including those for which no permits are required, shall be maintained in a safe, presentable and good structural material condition at all times, including the repair or replacement of defective parts and all other acts required for the maintenance of said satellite antenna. The Construction Code Official and/or the appropriate subcode official shall require compliance with all construction standards of this chapter. If the satellite dish is not made to comply with adequate safety and maintenance standards, the Construction Code Official shall require its removal in accordance with this section.
(2)
Any satellite antenna which is located on property which becomes vacant and unoccupied for a period of 180 days or more shall be deemed to have been abandoned. Abandoned satellite antennas shall be removed by the owner of the premises.
(3)
No persons shall maintain or permit to be maintained on any premises owned or controlled by him any satellite antenna which is in a dangerous or defective condition. Any such satellite antenna shall be removed or repaired by the owner of the premises or the owner of the satellite antenna. Upon failure of the owners to remove or repair a dangerous or defective satellite antenna, the Construction Code Official shall proceed as described herein.
(4)
The Construction Code Official shall cause to be removed any satellite antenna that endangers the public safety such as an abandoned, dangerous, or materially, electrically or structurally defective satellite antenna or a satellite antenna for which no permit has been issued. The Construction Code Official shall prepare a notice which shall describe the satellite antenna and specify the violation involved and which shall state that if the satellite antenna is not removed or the violation is not corrected within 10 days, the satellite antenna shall be removed. All notices shall be sent by certified mail. Any time periods provided in this section shall be deemed to commence on the date of the receipt of the certified mail. The notice shall be mailed to the owner of the property on which the satellite antenna is located, the owner of the satellite antenna and the occupant of the property. If any of such persons are unknown or cannot be found, notice shall be mailed to such persons' last known address, if any, and posted at the premises.
(5)
Any person having an interest in the satellite antenna or the property may appeal the determination of the Construction Code Official ordering removal or compliance by filing a written notice of appeal with the Construction Board of Appeals within 10 days after receipt of the notice. Notwithstanding the above, in cases of imminent danger to the public safety or other emergency, the Construction Code Official and/or the appropriate subcode official may cause the immediate removal of a dangerous or defective satellite antenna without notice.
(6)
Any satellite antenna removed by the Construction Code Official and/or the appropriate subcode official pursuant to the provisions of this section shall become the property of the Borough and may be disposed of in any manner deemed appropriate by the Borough. The cost of removal of the satellite antenna shall be considered a debt owed to the Borough by the owner of the satellite antenna and the owner of the property, and may be recovered in an appropriate court action by the Borough. The cost of removal shall include any and all incidental expenses incurred by the Borough in connection with the removal. If it shall be necessary for the Construction Code Official and/or the appropriate subcode official to remove a satellite antenna pursuant to the provisions of this chapter, and it should be practicable to sell or salvage any material derived from the aforesaid removal, he may sell the same at private or public sale at the best price obtainable, and shall keep an account of the proceeds thereof. Such proceeds, if any, shall be used to offset the costs of removal to be charged to the satellite antenna owner or property owner. The Borough may file a suit in court to collect any excess over such cost, and the cost of the removal shall be levied as an assessment against the property on which the satellite antenna is located.
G.
Legal nonconforming satellite antennas.
(1)
After the enactment of this section, the Construction Code Official shall, as soon as practicable, survey the Borough for satellite antennas which do not conform to the requirements of this section. Upon determination that a satellite antenna is nonconforming, the Construction Code Official shall use reasonable efforts to so notify, either personally or in writing, the user or owner of the property on which the satellite antenna is located of the following: The satellite antenna's nonconformity and whether the satellite antenna is eligible for characterization either as legal nonconforming or unlawful. If the satellite antenna owner, user, or owner of the property cannot be located, the notice may be affixed in a conspicuous place to the satellite antenna or to the premises with which the satellite antenna is associated.
(2)
Any satellite antenna located within the Borough on the date of adoption of this section, or located in an area annexed to the Borough thereafter, which does not conform with the provisions of this section, is eligible for characterization as a legal nonconforming satellite antenna if the satellite antenna was in compliance with applicable law on the date of adoption of this section.
(3)
A legal nonconforming satellite antenna shall immediately lose its legal nonconforming designation if the satellite antenna is altered in any way in structure; or the satellite antenna is relocated; or the satellite antenna is replaced. On the happening of any of the above, the satellite antenna shall immediately be brought into compliance with this chapter with a new permit secured therefor, or shall be removed.
(4)
Nothing in this section shall relieve the owner or user of a legal nonconforming satellite antenna or owner of the property on which the satellite antenna is located from the provisions of this section regarding safety, maintenance, and repair of such satellite antennas; provided, however, that no maintenance or repair shall have the effect of making the satellite antenna more nonconforming.
H.
Federal preemption: This chapter shall not apply to persons or entities licensed by the Federal Communications Commission under Title 47, Part 97 of the Code of Federal Regulations, or to any other persons or entities authorized, by any federal agency having jurisdiction over radio frequency transmissions, to transmit any signal using a satellite antenna. Notwithstanding the above Subsection F of this section, detailing maintenance and safety standards, shall apply to all owners and users of satellite antennas within the Borough.
I.
Fines. Any person, firm or corporation violating any provision of this section shall be fined not less than $10 nor more than $500 for each offense, and a separate offense shall be deemed committed on each day during which a violation occurs or continues.