Pine Hill City Zoning Code
ARTICLE XI
Satellite Antennas and Solar Energy Systems
§ 23-11.1 Definitions.
[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.
§ 23-11.2 Permits Required.
[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.
§ 23-11.3 Restrictions and Conditions.
[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".
§ 23-11.4 Solar Energy Systems.
[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.