Wenonah City Zoning Code

Block 4, Lot 39, shall be redesignated from LMR to LMR-1.

Block 4, Lots 36.01, 37.01, 38, 39, 41.02 and 42.04, shall be additionally designated with an LMR-2 Overlay District.

Block 66.02, Lots 10 and 11, shall be additionally designated with an LMR-3 Overlay District.

The LMR District presently applying to Block 4, Lot 42.03, shall be replaced by the C Commercial District.

Two-family dwelling on conversion only, in accordance with the provisions of § 72-711F.

Private recreation club for members and guests, in accordance with the provisions of § 72-711G.

Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of § 72-711I.

Major home occupations, as accessory uses, in accordance with the provisions of § 72-711J.

Private garages, pools, gazebos, and similar accessory structures.

Minor home occupations in accordance with the standards below and engaged in by members of the immediate family;

Family day-care home.

The renting of not more than one room, in a single-family residential districts.

In any residential area where paved streets exist at the enactment of this amendment, existing single lots shall have an area of not less than 11,250 square feet per family for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 75 feet;

In any residential area where paved streets exist at the enactment of this amendment and where a subdivision is applied for and granted, the resulting lots shall each contain an area of not less than 15,000 square feet per family for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 100 feet;

In any residential area where building is instituted and approved subsequent to the enactment of this amendment and which does not meet the requirement of the foregoing subsection, a lot area of not less than 22,500 square feet per family shall be provided for every building hereafter erected or used in whole or in part as a dwelling. Each lot shall have a width at the building line of not less than 125 feet.

Front yard: One yard, not less than 17 feet in depth, but in no case less than the shortest front yard on the same side of the street in the block in which the lot is located, provided that no front yard greater than 40 feet shall be required;

Side yards: Two yards, not less than 20 feet in aggregate width, and neither less than 10 feet, provided that in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided in § 72-711M.

Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of § 72-711I.

Major home occupations, as accessory uses, in accordance with the provisions of § 72-711J.

Private garages, pools, gazebos, and similar accessory structures;

Minor home occupations in accordance with the standards below and engaged in by members of the immediate family;

Family day-care home.

The renting of not more than one room, in a single-family dwelling to not more than two tenants, but not to include a boardinghouse.

Other accessory uses customarily permitted in single family residential districts.

Front yard: One yard, not less than 17 feet in depth, but in no case less than the shortest front yard on the same side of the street in the block in which the lot is located, provided that no front yard greater than 40 feet shall be required;

Side yards: Two yards, not less than 30 feet in aggregate width, and neither less than 15 feet, provided that in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 15 feet in depth, except as provided in § 72-711M.

Child-care center.

Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of § 72-711L.

Management office for the operation of the residential complex.

Laundry for the exclusive use of residents.

Maintenance room for the storage of supplies and equipment used in the operation of the residential complex.

Family day-care home.

Eight units to the acre where the Zoning Map depicts the LMR-1 District.

Six units to the acre where the Zoning Map depicts the LMR-2 Overlay District.

Eight units to the acre where the Zoning Map depicts the LMR-3 Overlay District.

Building setback from a street line: 50 feet.

Building setback from a side or rear property line: 40 feet.

Minimum distances between buildings: 35 feet.

From a street: 20 feet.

From a tract perimeter: 25 feet.

Where 90° parking is placed against a building, there shall be a ten-foot-wide separation from the building.

Minimum lot size: 1,200 square feet.

Minimum lot frontage and width: 18 feet.

Community shelters for victims of domestic violence and community residences for persons with head injuries, serving more than six persons and not more than 15 persons, pursuant to N.J.S.A. 40:55D-66.1, in accordance with the provisions of § 72-711I.

Major home occupations, as accessory uses, in accordance with the provisions of § 72-711J.

Private garages, pools, gazebos, and similar accessory structures.

Minor home occupations in accordance with the standards below and engaged in by members of the immediate family;

Family day-care home.

The renting of not more than one room in a single-family dwelling to not more than two tenants, but not to include a boardinghouse.

Other accessory uses customarily permitted in single-family residential districts.

Minimum lot area: 6,000 square feet.

Minimum lot frontage and width: 40 feet.

Yards. Front, side and rear yards shall be provided on each lot as follows:

Minimum tract area: two acres.

Minimum tract frontage: 200 feet.

Maximum density: seven units per acre.

Maximum building area: 25% of total lot area.

Maximum impervious surface coverage: 50%.

Building setbacks and distances. The following setback of any building from property lines and minimum distances between buildings in a multiple-building development shall be maintained:

Minimum setbacks for parking areas:

Minimum dwelling width: 18 feet.

Maximum number of dwelling units in one building: four units.

Additional area and yard requirements for units marketed on a fee-simple basis:

No building shall include a store or personal service shop, but may include a real estate office, insurance office or professional office.

No building shall include a store front, store window or any other retail commercial characteristic which is not in keeping with the character of the district or the surrounding neighborhood.

No more than two apartments, provided that no such dwelling unit shall be permitted on the first floor.

Off-street parking facilities shall be provided in accordance with the provisions of § 72-711K(1)(f).

Club or lodge on conversion only, organized for fraternal or social purposes and not for profit, provided that the chief activity shall not be one which is customarily carried on as a business, and provided that the buildings and services shall be for the use of members and their guests only;

Dwelling for not more than two families on conversion only, in accordance with the provisions of § 72-711F.

Child-care center, in accordance with the provisions of § 72-711H.

Front yard: One yard, not less than 17 feet in depth, but in no case less than the shortest front yard on the same side of the street in the block in which the lot is located, provided that no front yard greater than 40 feet shall be required;

Side yards: Two yards, not less than 20 feet in aggregate width, and neither less than 10 feet, provided that in the case of a corner lot, any yard which abuts a street shall be not less than 17 feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 20 feet in depth, except as provided in § 72-711M.

All facilities shall be located within the confines of the lot and shall be so placed that all services and activities will be conducted on the lot, and all repair work shall be conducted within a building;

Lighting facilities shall be so arranged as to reflect away for view in neighboring residence districts, and, where necessary, a fence, shrubbery or other suitable barrier will be provided to protect adjacent uses.

Front yard: One yard, not less than 17 feet in depth;

Side yards: Two side yards, neither less than five feet in width, where building is used for both residential and commercial purposes. None required for a building used exclusively for commercial purposes, except that where a lot abuts a residence district, or a street on the side lot line, a side yard shall be provided which shall be not less than 10 feet in width. In any case, where side yards are provided, each such side yard shall be not less than five feet in width;

Rear yard: There shall be a rear yard on each lot which shall be not less than 20 feet in depth, provided that where a lot abuts a residence district on the rear lot line, each such rear yard shall be not less than 25 feet in depth.

The issuance of a demolition permit for any structure or building on a lot; or

The approval of a site plan or subdivision for the subject lot.

A survey, at an appropriate scale, showing accurately and with complete dimensioning, the boundaries of the site and the location of all buildings, structures, uses, parking areas, vegetation, utilities, lighting and other principal features of the subject parcel or lot; and

An architectural record of the existing structures on the site, including, at a minimum:

Proposed new structures and buildings.

Existing structures and buildings. When an existing building is proposed to be repaired, altered by expansion, or reduced in size, or new exterior materials are proposed, the existing general appearance shall be maintained.

Minimum lot area: 22,000 square feet.

Minimum lot frontage and width: 75 feet.

Maximum building height: 45 feet.

Any other area, yard, and coverage limitations as required by Subsection B(2) not herein regulated.

Minimum lot area: 7,500 square feet.

Minimum lot frontage and width: 75 feet.

Maximum building area. Not more than 50% of the area of each lot may be occupied by buildings.

Yards: Front, side and rear yards shall be provided on each lot as follows:

Height: No building shall exceed 35 feet in height.

Child care center, in accordance with the provisions of § 72-711H.

Bed-and-breakfast accommodation, subject to the following criteria:

On a lot of less than 10,000 square feet: 80% of total lot area.

On a lot of 10,000 square feet or greater but less than 20,000 square feet: 75% of total lot area.

On a lot of 20,000 square feet or greater: 70% of total lot area.

Front yard: One yard, not less than 17 feet in depth. Where the lot is a corner lot and has frontage on two public streets, the yard depth on the longest frontage may be reduced to 12 feet.

Side yards:

Rear yard. There shall be a rear yard on each lot which shall be not less than 20 feet in depth, provided that where a lot abuts a residence district on the rear lot line, each such rear yard shall be not less than 25 feet in depth.

On a lot of less than 10,000 square feet: 4,500 square feet of floor area.

On a lot of 10,000 square feet or greater but less than 20,000 square feet: 6,500 square feet of floor area.

On a lot of 20,000 square feet or greater but less than one acre: 10,000 square feet of floor area.

On a lot one acre or greater: 20,000 square feet of floor area.

The issuance of a demolition permit for any structure or building on a lot; or

The approval of a site plan or subdivision for the subject lot.

A survey, at an appropriate scale, showing accurately and with complete dimensioning, the boundaries of the site and the location of all buildings, structures, uses, parking areas, vegetation, utilities, lighting and other principal features of the subject parcel or lot; and

An architectural record of the existing structures on the site, including, at a minimum:

Proposed new structures and buildings.

Existing structures and buildings. When an existing building is proposed to be repaired, altered by expansion, or reduced in size, or new exterior materials are proposed, the existing general appearance shall be maintained.

Constitutes a public nuisance beyond the boundary of the site on which the use is located by reason of dissemination of noxious; toxic or corrosive fumes, smoke, odor or dusts;

Results in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located;

Endangers surrounding areas by reason of fire or explosion;

Produces objectionable heat or glare;

Results in electrical disturbances in nearby residences;

Significantly contributes to the pollution of land, air, or waters;

Creates an objectionable traffic condition on the street or in an adjacent area;

Creates any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.

Single-family detached or attached dwelling: two spaces per dwelling unit.

Multi-family dwelling or apartment unit: 1.5 spaces per unit.

Senior citizen residential unit: one space per unit.

Restaurant: one space for each 100 square feet of floor space devoted to patron use.

Auditorium, church or other place of public assemblage: one space for every four seats.

Commercial, office or recreational building or use (excepting swimming clubs); other than those specified above: one space for each 200 square feet, or portion thereof, of gross floor area devoted to patron or office use, or of gross recreation area.

Swimming club: 25 spaces for each 1,000 gross square feet of swimming pool surface.

Motor vehicle service stations. Six spaces for the first lift, bay, or work station; five spaces for the second work station; and three spaces for each subsequent work station, but in no event less than four spaces.

Day-care center. One space per every employee plus two spaces per 1,000 square feet of floor area.

Each off-street parking space shall have minimum dimensions of not less than nine by 18 feet and, in addition, appropriate driveways, aisles and maneuvering spaces shall be provided which shall be adequate to permit safe and convenient use of the area for parking purposes.

Official traffic signs;

Professional name signs indicating the name, profession or activity of the occupant of a dwelling, and trespassing signs, or signs indicating the private nature of a driveway or premises, provided that the size of any such sign shall not exceed nine by 18 inches;

Identification signs for schools, churches, hospitals or similar institutions, and for clubs, lodges, farms, estates or similar uses, provided that the area on one side of any such sign shall not exceed nine square feet;

Real estate signs, including signs advertising the sale or rental of premises, provided the area on one side of any such sign shall not exceed nine square feet, and provided further that only one such sign shall be erected on each street frontage on which the lot abuts. Signs indicating the location and direction of premises in the process of development may be erected when authorized by the combined Planning Board, provided the area on one side of any such sign shall not exceed 50 square feet. Off-premise signs indicating the location and direction of properties for sale shall not exceed three square feet in area on one side, and shall be limited to one such sign per off-premise property;

Temporary signs of contractors, architects, mechanics and artisans, provided that the size on one side of such sign shall not exceed nine square feet and such signs are removed promptly upon completion of the work;

Business signs in Commercial districts only, provided that a) such signs, except directional signs, are placed on the building in which the use to which the sign relates is conducted, and b) the total area of all such signs placed on, or facing any one street frontage of any one building, shall not exceed 10% of the overall surface of the wall facing such frontage, or 30 square feet, whichever is less. Freestanding signs and projecting signs (i.e., mounted more than 12 inches off of a wall) are prohibited. The area on one side of a directional sign shall not exceed four square feet. No more than one directional sign shall be used on each premise on which a commercial building exists.

Business signs in Professional Office districts shall be limited to one per premise not to exceed nine square feet.

Political signs associated with an election, referendum, or plebiscite, provided that such signs are on private property, are not erected more than 45 days prior to the election date on which the election, referendum or plebiscite is to be held, and are removed within five days of said election date. Only one political sign per candidate(s) may appear on any one property at any one time, except with regard to a corner lot, in which case no more than one political sign per candidate(s) may appear on each side of a property when facing a street. No political sign shall exceed nine square feet.

Residential yard signs located at any place of residence or in a Residential district shall not exceed nine square feet in area on one side, and shall be limited to three signs per residential dwelling or building.

No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view of a motorist or pedestrian;

No sign other than official traffic or other signs having a governmental purpose shall be erected within the lines of any street or on public property unless specifically authorized by other ordinances or regulations of the Borough. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be subject to confiscation, and the Borough shall have the right to receive from the owner or person placing such sign on such sign on such public property, the full costs of removal and disposal of such sign;

No sign shall be of a flashing, moving, rotating, oscillating or similar type or be designed to distract the attention of motorists, and only while light shall be permitted. No professional or name sign in residence districts shall be illuminated with floodlights;

No sign shall project over a public sidewalk;

No sign shall be erected containing a message that states or implies that a property may be used for a purpose not permitted in the zoning district in which said sign is located;

In addition to the other requirements of this section, every sign referred to in this section must be constructed of durable materials, must be securely anchored and fixed and be kept in good condition and repair, and shall not be allowed to become dilapidated.

No sign shall be located or erected in the Clear Zone as defined in § 56-3B or within any sight triangle.

All required electronic equipment for any approved antenna(s) to be located on the subject site, if required to be housed, sheltered or enclosed, shall be housed, sheltered or enclosed within a building which is no greater than 12 feet in height, and which building shall not exceed 250 square feet, and which shall be designed with a residential or office character appearance so as not to detract from the historic character of Wenonah, and must satisfy the minimum zoning district setback requirements for the zoning district in which the building lies.

The building, structure or other facility containing associated electronic equipment for the proposed antenna, along with all existing buildings or structures on the lot on which the water tank structure is located, shall not, together, exceed 50% of the total lot area.

The proposed antenna(s) shall be installed and operated on the platform or railing located on top of the water tank structure to the extent possible. There shall be no cable trays, brackets, or other antenna equipment or materials, including the antennas themselves, attached to the outside of the water tank or supporting structure unless it can be proven to the satisfaction of the Planning Board's Engineer and the Borough Engineer that such attachments can be accomplished without damaging the structural integrity of the water tank or its supporting structure. Any antenna or other related equipment attached to the water tank or its supporting structure shall be painted the same color as the water tank/supporting structure, and it shall be affixed to the same in such a way as to minimize its visual impact upon the surrounding area.

No lighting shall be permitted to accompany a proposed antenna(s) or associated buildings, structures or facilities housing equipment related thereto, unless specifically required by the Planning Board for safety reasons, and then such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

No signage shall be permitted, unless "warning" and/or equipment information signs are necessary for safety purposes and are specifically approved or requested by the Planning Board.

A landscape design plan shall be submitted by the applicant designating an effective landscape screen using evergreen plants of at least eight feet in height, or such other landscape materials as are approved by the Planning Board of sufficient density to the maximum extent reasonably possible to enhance the appearance of the buildings, structures or facilities housing equipment relate to the placement of the requested antenna(s), and to shield them from the surrounding and adjacent residential properties or streets. The landscape design plan shall also include any fencing required by the Planning Board for the safety and security of any proposed buildings, structures or facilities associated with the requested antenna(s).

Documentation by a qualified expert(s), subject to review by the Borough Engineer, that the existing water tank structure has sufficient structural integrity to support the proposed antennas(s), and that the safety hazards resulting from ice falling from the structure and the antennas(s) have been adequately mitigated.

Evidence from an independent expert(s) that all equipment will comply with the then-current Federal Communications Commission (FCC) and the New Jersey Department of Environmental Protection (NJDEP) rules and regulations, including that radio frequency (RF) emissions will be within the FCC and NJDEP guidelines. Any approval shall contain a condition that the applicant shall provide a further report to the Borough Engineer from an independent expert that the RF emissions are within the FCC and NJDEP guidelines within 90 days after installation and initial operation/use, and a quarterly report shall be issued to the governing body thereafter as to the actual RF emission levels being experienced, and that upon any change in the FCC and/or NJDEP guidelines or regulations governing same, the applicant shall within 120 days of such change, provide a report to the Borough Engineer from an independent expert that the RF emissions are within the revised FCC and/or NJDEP guidelines or regulations.

In addition to it normal professional staff and given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board reserves the right to hire its own radio frequency expert to review and comment upon the testimony presented by the applicant, which costs shall be borne by the applicant as part of its escrow assessment. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire such other experts with specialized areas of expertise if deemed necessary, and the reasonable costs of such additional experts shall be borne by the applicant.

Any wireless communications antenna and/or associated buildings, structures or facilities, not used for its intended and approved purpose for a period of six months or longer, shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.

No fences shall be erected within the Borough without the owner of the premises or his/her representative making application for a permit for same.

Application for such fences shall be made, in writing, to the Zoning Official and Construction Official and shall set forth the following information:

No fence shall be designed or constructed in such a manner that it may impede, injure or obstruct the performance of health and/or safety personnel, or any other person, be they governmental or private, who might on occasion be lawfully on said property.

Any existing deed restrictions upon a property which requires stricter regulation of a fence situated thereon, than is set forth herein, shall not be superseded by this section.

These fence regulations shall not apply to the erection of an open wire fence, otherwise known as a chain-link fence, on publicly owned property such as. But not limited to, a park, playground or school premises, if the need for such a fence for such uses as athletic fields is demonstrated to, and approved by, the Construction Code Official.

The following fences and fencing materials are permitted: wood, vinyl over wood, aluminum, facing brick (but not masonry block), shrubbery, wrought iron (but not pointed), stone, natural shrubbery, etc. The following fences and fencing materials are specifically prohibited: barbed-wire fences, short pointed fences, canvas, cloth or electrically charged fences, poultry netting or so-called turkey or chicken wire fences, and open wire or chain-link fences (except as provided for in subsection E. immediately above). Temporary fences (such as snow fences, collapsible fences, or plastic fences normally used for soil erosion control, are prohibited except during construction on such property. All such temporary fences must be approved by the Construction Code official prior to and during erection for safety purposes.

Fences which are painted shall be painted in only one color so as to be harmonious with the surrounding area. Multicolored fences are prohibited unless relief is granted by way of variance application to the Combined Planning Board.

All fences shall be erected with the face or finished side facing toward the property line and away from any residences or structures on the property, with the unfinished or structural side facing toward the interior of the property, including any structures thereon. Fence gates shall have a latch and shall open into the property and not onto the sidewalk, street or other adjacent property.

Fences shall be erected in a manner such as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create puddling.

Fences shall not be erected on a property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit, and in no event shall any fence extend beyond a property line.

In the construction Code Official, or the Zoning Enforcement Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such finding, and order such fence or wall, or portion of such fence or wall, repaired or removed within 30 days of the date of the written notice. If such an official determines that a fence or wall, or any portion thereof, creates an immediate hazard to the health, safety or welfare of the general public, or to the owners of property on which such fence or wall is located, then said official shall immediately notify said property owners to repair, replace or remove such hazard within a time-frame commensurate with the nature of the risks to safety posed therein. Each day a person fails to obey any such order as is referenced immediately herein shall constitute a separate violation of this order. Whenever such official determines that an immediate hazard exists and contact with the property owner cannot be made, said official shall cause to have the hazard or dancer remediated immediately, with the property owners being responsible for all reasonable costs associated with the same.

Living fences shall be maintained in a neatly trimmed condition and shall not exceed the permitted height set forth herein. No living fence shall be erected which will exceed any setbacks, cause damage to the foundations of any structure, encroach upon an adjacent property, or is of a species that contains any form of toxicity or emission that could pose a health risk to the general public.

Swimming pools. A private residential swimming pool area must be surrounded by a fence at least four feet above grade, but no more than six feet, and must be in accordance within all state and local codes regarding fences around swimming pools.

Tennis courts. A tennis court area may be surrounded by a fence with a maximum of 12 feet in height, provided that said fence may not be located beyond that which is allowed for front yards, fences on interior lots, and fences on corner lots as set forth below, or be set back from any lot line by the distance required for accessory buildings in the zoning district, whichever is greater.

Front yards. No fence shall extend beyond the front plane of a residence or other principal structure located on a property.

Fence height. Fences six feet high or less above grade are permitted, except as set forth for tennis courts above.

Corner lots. For corner lots, the entire rear yard area may be fenced in, between the interior side lot line and the front lot line of the side street. For the yard area located adjacent to the side street, a fence shall not extend beyond the rear plane of the residence. For the side yard area located adjacent to the interior side lot line, the fence shall not extend beyond the front plane of the residence.

Front yard. No satellite dish, radio or television antenna, or ham radio/citizen band antenna shall be located in any front yard of any property.

Property line setback. Satellite dishes, radio and television antennas, and ham radio/citizens band antennas, where permitted, shall be setback from a side or rear property line in accordance with the setback requirements of an accessory building in the zone where situated. These setback requirements shall apply to the antenna and/or supporting structure itself, and not any guide wires, cables, etc., which are used to anchor or otherwise support the antenna and key supporting structure itself, and not any grade wires, cables, etc., which are used to anchor or otherwise support the antenna and key supporting structure. No antenna or any supporting structure shall be erected or located anywhere on any premises in such a way that a neighboring property, or a residence or other dwelling or structure thereon, will be damaged in the event that said antenna shall fall. No antenna or its supporting structure shall not be located on any property in any zone where it is in such proximity to a designated children's play area, park, school, playfield, or any other location specifically designed to entice the public to congregate, particularly children, thereby placing a child or adult at risk from injury in the event that said antenna shall fall.

Roof mounting. Satellite dishes, radio and television antennas and ham radio/citizens band antennas may be mounted upon the roof of any building provided that they are not visible from any street, and provided further that they meet all construction code standards.

Screening. All antennas and supporting structures, wherever mounted or positioned, shall be suitably screened with shrubbery to the extent possible, in order to minimize the visual impact of the same upon neighboring properties.

Building permit required. A building permit shall be required at a fee of $15 for the construction of any satellite dish, radio or television antenna, or ham radio/citizens band antenna. The permit shall be issued upon a sketch plan, and such other documentation as the Zoning Enforcement Officer and/or the Construction Code Official deem necessary, being submitted by the applicant, indicating that the conditions set forth herein will be complied with and that all applicable building codes will be met. Portable satellite dishes or antennas which are not permanently ground mounted or affixed to a roof, shall still require the issuance of a building permit if such satellite dish or antenna, or any replacement of the same, is to remain on the premises for more than 15 days.

Commercial antennae. No commercial antennae shall be constructed anywhere within the Borough of Wenonah.

Signs. No satellite dish, radio or television antenna, or ham radio/citizens band erected and/or utilized in the Borough of Wenonah shall have attached to it, or any supporting structure, any signage or lettering whatsoever.

Height restrictions. Antenna erected and utilized for the purpose of ham radio and citizens band operations shall not exceed 65 feet in height, to be measured from the ground at the base of either the antenna or supporting structure, to the highest point of the antenna or supporting structure.

Preemption. All requirements and conditions contained in this section shall be subject to any and all applicable federal or state laws, rulings or regulations, or rulings of any court having competent jurisdiction, particularly 101 FCC2d 952 (1985), A/K/A PRB-1 of the Federal Communications Commission, or any successor rule, or any deed restrictions or covenants upon any property, which shall be contrary to the requirements contained herein and, to the extent that such laws, rulings, regulations or deed restrictions or covenants are contrary to the requirements contained herein, they shall prevail as a matter of law.

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.

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.

No part of the solar panels or solar energy system shall extend beyond the edge of the roof.

All visible solar collector parts, including frames and support structures, shall be black in color.

A rooftop and building-mounted solar collection system shall be no larger than 1,200 square feet.

(Reserved)[1]

Rooftop solar collectors shall be contiguously connected, installed and arranged in a manner to mimic the roof shape and design.

The location and arrangement of the rooftop solar collection system shall be subject to zoning approval.

See Subsection R(15) for zoning permit application requirements.

Installation of ground-mounted arrays and freestanding solar collectors shall require a zoning permit from the Zoning Officer and a building permit from the Construction Office prior to installation.

Ground-mounted arrays and freestanding collectors shall be located on properties of one acre or greater.

The total surface area of all ground-mounted and freestanding solar collectors on the lot shall not exceed 800 square feet.

The location of the ground-mounted arrays and freestanding collectors shall be set back a distance of 50 feet from all property lines.

Ground-mounted arrays shall not be located between the principal building and the street and shall not be located in any minimum required side or rear yards. All ground-mounted solar energy systems shall be screened from view from adjacent properties and streets with a year-round vegetative screen and/or buildings. 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.

Ground-mounted arrays shall not exceed six feet in height, when oriented at maximum tilt.

All visible solar collector parts, including frames and support structures, shall be black.

Ground-mounted arrays shall be excluded from the calculation of the lot (impervious) coverage if mounted on a lawn or a vegetated area.

Submission of a plot plan survey that shows the location of the proposed ground-mounted array and freestanding solar collectors. Submission of a licensed survey of the property showing one-foot contour lines shall be required.

See Subsection R(15) for zoning permit application requirements.

A zoning permit shall be required for the installation of a solar energy system.

Structural engineering information and data for rooftop and ground-mounted arrays from a licensed New Jersey Engineer.

The zoning permit application shall be accompanied by a plot plan survey which includes the following:

Fee. The application for a zoning permit for a solar energy system must be accompanied by the zoning permit fee.

Denial. The applicant shall have the right to appeal a denial for a permit under this provision to the Zoning Board.

Expiration. A permit issued pursuant to this subsection shall expire if:

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.

If said decommissioning has not been completed within the requisite six-month period, then the Borough'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.

If the decommissioning has not been completed within 30 days of the receipt of said notice, the Borough may either undertake the decommissioning and charge the landowner and/or facility owner and operator for all of the costs and expenses thereof, including reasonable attorneys' fees, or take appropriate legal action to compel the decommissioning. All costs incurred by the Borough shall be billed to the landowner and, if not paid within 60 days of billing, shall become a lien against the property.

The subsidized accessory apartments created shall be affirmatively marketed in accordance with the Borough's Affirmative Marketing Plan.

Marketing of the availability of funds for the creation of subsidized accessory apartments shall be accomplished through the circulation of flyers describing the accessory apartments program, to be enclosed with the annual property tax bills; periodic press releases issued to the official newspaper to promote interest in the program; and making information and application packets available to interested owners upon request and free of charge.

The initial inspection report of the Inspection Officer;

Bids submitted by contractors;

The final owner/contractor agreement;

The owner/Borough contract;

Progress reports and interim inspection reports;

A copy of the final inspection report; and

A copy of the lien.

The Borough shall be specified as the lienholder.

The lien shall specify that the value of the lien equals the amount of the monetary benefits received by the applicant under the subsidized accessory apartments program.

A record of the lien will be kept on the property tax record, in the County's tax files, in the Housing Administrator's records, with the deed and with the insurance policy, as required by this program.

All properties shall be checked for liens prior to the issuance of a continuing certificate of occupancy. Any suspected violations of the program shall be reported to the Housing Administrator for further investigation.

The owner shall notify the Housing Administrator, in writing, of the intent to sell a property that has benefited from the subsidized accessory apartments program, if the subsidized accessory apartment is still under the restrictions required by this program.

Each time the unit is re-rented, the owner must demonstrate that the unit will continue to be occupied by a qualified low or moderate income household and that the rent charged meets the affordability guidelines of the program.

Efficiency units shall be affordable to one person households;

One bedroom units shall be affordable to 1.5 person households;

The average rent of all subsidized accessory apartments in each bedroom distribution must be affordable to a household earning 57.5% of the regional median income. To achieve this average, the Housing Administrator will establish one rent for a moderate income unit and one rent for a low income unit for each bedroom distribution. Low and moderate income designations will be alternated, beginning with a low income designation, for each bedroom distribution.