Berlin Township City Zoning Code
ARTICLE XIV
Antennas
§ 340-87 Restrictions.
[Amended 9-9-1996 by Ord. No. 1996-24]
Radio, television or other towers, pole antennas, dish satellites or similar structures are permitted, provided that the antennas, any supporting structures and/or other related devices comply with the following restrictions/conditions:
A.
Location.
(1)
The structure shall meet the building setback requirements for that zone.
(2)
The structure is required to be located in the rear yard of the lot on which it is situated, except that antennas may be roof-mounted, subject to the height restriction set forth hereinbelow and other conditions set forth herein.
(3)
The structure must be screened, buffered, or situated in such a manner that it is unable to be visually seen from the public right-of-way abutting the lot on which the structure is situated or visually seen from the ground level of any adjacent property.
(4)
Satellite earth stations may be used only for receiving signals and shall not be used for the transmission of signals.
(5)
No dish-type antenna over 24 inches in diameter is permitted on the roof of a dwelling or any other portion of a dwelling or similar permanent structure, but must be ground mounted.
B.
Height restrictions. The lesser height of the following shall govern:
C.
Conditional use.
(1)
All such antennas, towers, dish satellites or similar structures shall be a conditional use in all zoning classifications. Existing antennas or similar uses are excluded from this amended section except for proper maintenance requirements and appropriate health, safety and welfare protection.
(2)
An application shall be filed with the Township Planning/Zoning Board which application will be reviewed in accordance with the requirements set forth in Subsections A and B hereinabove, and with consideration to the following factors.
(a)
The zoning classification of the property and adjoining properties;
(b)
The equipment and/or materials to be utilized in the installation or erection of the structure;
(c)
The manner of installing or erecting the structure for protection of adjoining properties and the public from injuries and/or damage. Where determined to be necessary by the Planning/Zoning Board, structure calculations and design for the antenna foundation and related appurtenances shall be provided on a plan prepared, signed and sealed by a licensed New Jersey Professional Engineer.
(d)
The aesthetics of the surrounding area;
(e)
Proof that the structure will not interfere with the surrounding properties use of televisions, VCR's, radios and other electrical equipment or create noise or other disturbance to surrounding properties.
(3)
For any antenna, tower, dish satellite or similar structure not attached directly to a dwelling unit, site plan approval shall be required as part of the conditional use application process.
D.
Annual maintenance inspection fees. For all approved commercial antennas and/or similar type towers, pole antennas, dish satellites or similar structures, there shall be paid a fee as set forth in Chapter 156, Fees, on an annual basis to provide for the Township's cost of inspections with respect to maintenance and other safety considerations and requirements of the structure.
[Added 7-28-1997 by Ord. No. 1997-12; amended 4-29-2019 by Ord. No. 2019-3]
§ 340-88 Site plan approval required.
[Amended 7-28-1997 by Ord. No. 1997-12]
For any radio or television antennas not attached directly to a dwelling unit, and for any commercial antennas and/or similar type towers, pole antennas, dish satellites or similar structures, site plan approval shall be required.
§ 340-89 Fee for construction permit.
[Added 7-28-1997 by Ord. No. 1997-12; 4-29-2019 by Ord. No. 2019-3]
The fee(s) payable hereunder shall be as set forth in Chapter 156, Fees.
§ 340-90 Location of commercial antennas.
[Added 7-28-1997 by Ord. No. 1997-12]
The Township hereby identifies and establishes two specific site areas for the location of commercial antennas, and/or similar type towers, and other such structures. The two sites are a seventy-five-foot by seventy-five-foot area to be designated on Block 2401, Lot 1, in the I-1 Zone and the second site location is identified as the Berlin Borough Water Tower situated at Block 2103, Lot 8.02.